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26-10A-15
Section 26-10A-15 Surrender of custody of minor under age of majority. (a) No health facility
shall surrender the physical custody of an adoptee to any person other than the Department
of Human Resources, a licensed child placing agency, parent, relative by blood or marriage,
or person having legal custody, unless such surrender is authorized in a writing executed
after the birth of the adoptee by one of the adoptee's parents or agency or the person having
legal custody of the adoptee. (b) A health facility shall report to the Department of Human
Resources on forms supplied by the department, the name and address of any person and, in
the case of a person acting as an agent for an organization, the name and address of the organization
to whose physical custody an adoptee is surrendered. Such report shall be transmitted to the
department within 48 hours from the surrendering of custody. (c) No adoptee shall be placed
with the petitioners prior to the completion of a pre-placement...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-10A-15.htm - 1K - Match Info - Similar pages
26-10A-5
Section 26-10A-5 Who may adopt. (a) Any adult person or husband and wife jointly who are adults
may petition the court to adopt a minor. (1) No rule or regulation of the Department of Human
Resources shall prevent an adoption by a person solely because the person is employed outside
the home, provided however, the Department of Human Resources may exercise sound discretion
in requiring the person to remain in the home with a minor for a reasonable period of time
when a particular minor requires the presence of that person to ensure his or her adjustment.
Provided, however, the reasonable period of time shall not exceed 60 consecutive calendar
days. (2) No rule or regulation of the Department of Human Resources or any agency shall prevent
an adoption by a single person solely because such person is single or shall prevent an adoption
solely because such person is of a certain age. (3) Provided however, in cases, where one
who purports to be the biological father marries the biological...
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12-15-402
Section 12-15-402 Authority and procedure. (a) The state, any county, any municipality, or
any governmental department or agency, including, but not limited to, the Department of Human
Resources or the Department of Youth Services, or any person, including a parent, legal guardian,
or legal custodian, may file a petition in the juvenile court to have any minor or child,
as defined in this chapter, committed to the custody of the department on the basis that the
minor or child is an individual with a mental illness or intellectual disability and, as a
consequence of that mental illness or intellectual disability, poses a real and present threat
of substantial harm to self or to others. (b) The petition shall be verified and filed in
the county in which the minor or child is located or resides, petitioning the juvenile court
to commit the minor or child to the custody of the department. (Acts 1975, No. 1205, p. 2384,
§5-137; Acts 1985, 2nd Ex. Sess., No. 85-928; §12-15-90; amended and...
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38-13-4
Section 38-13-4 Mandatory criminal history check notice; suitability determinations; checks
on subsequent activity. (a) Every employer, child care facility, adult care facility, the
Department of Human Resources, and child placing agency required to obtain a criminal history
background information check pursuant to this chapter shall obtain, prior to or upon the date
of employment, or issuance of a license or approval or renewal thereof, and maintain in the
agency or personnel file, a request with written consent for the criminal history background
information check and a statement signed by the applicant, volunteer, or employee indicating
whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions.
The statement shall include a notice and questionnaire the same as or similar to the following:
(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history
background information check be conducted on all persons who hold a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-13-4.htm - 9K - Match Info - Similar pages
38-13-3
Section 38-13-3 Criminal history background information check required for certain individuals;
exemptions. (a) On November 1, 2000, every employer, child care facility, adult care facility,
the Department of Human Resources, and child placing agency shall request the Alabama State
Law Enforcement Agency to conduct a criminal history background information check for the
following: (1) An employment applicant, employee or volunteer of an employer, child care facility,
adult care facility, or child placing agency. (2) A current foster parent for a child or adult
or adult household member of a foster family or applicant and an adult household member of
a foster family seeking approval to operate as a foster parent or foster family home for a
child placing agency or the Department of Human Resources. Unless otherwise provided in this
chapter, no criminal history background information check shall be conducted on a current
foster parent or household member of a foster family if a Federal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-13-3.htm - 6K - Match Info - Similar pages
26-10A-36
Section 26-10A-36 Advertisement as to adoption by persons, organizations, etc., not licensed
by Department of Human Resources. It shall be unlawful for any person or persons, organizations,
corporation, partnership, hospital, association, or any agency to advertise verbally, through
print, electronic media, or otherwise that they will: (1) Adopt children or assist in the
adoption of children in violation of this chapter; (2) Place or assist in the placement of
children in foster homes, group homes, or institutions in violation of this chapter; or (3)
Pay or offer money or anything of value to the parents of a child in violation of Section
26-10A-34. Any violation of this section shall be punished as a Class A misdemeanor. (Acts
1990, No. 90-554, p. 912, §35.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-10A-36.htm - 1K - Match Info - Similar pages
26-17-602
Section 26-17-602 Standing to maintain proceeding. Subject to Article 3 and Sections 26-17-607
and 26-17-609, a proceeding to adjudicate parentage may be maintained by: (1) the child; (2)
the mother of the child; (3) a man whose paternity of the child is to be adjudicated; (4)
the Alabama Department of Human Resources; (5) an authorized adoption agency or licensed child-placing
agency licensed in Alabama or any other state that is properly authorized to do business in
Alabama; (6) a representative authorized by law to act for an individual who would otherwise
be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor; or (7)
any interested person. (Act 2008-376, p. 666, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-17-602.htm - 1K - Match Info - Similar pages
26-10A-10
Section 26-10A-10 Persons whose consents or relinquishments are not required. Notwithstanding
the provisions of Section 26-10A-7, the consent or relinquishment of the following persons
shall not be required for an adoption: (1) A parent whose rights with reference to the adoptee
have been terminated by operation of law in accordance with the Alabama Child Protection Act,
Sections 26-18-1 through 26-18-10; (2) A parent who has been adjudged incompetent pursuant
to law or a parent whom the court finds to be mentally incapable of consenting or relinquishing
and whose mental disability is likely to continue for so long a period that it would be detrimental
to the adoptee to delay adoption until restoration of the parent's competency or capacity.
The court must appoint independent counsel or a guardian ad litem for an incompetent parent
for whom there has been no such prior appointment; (3) A parent who has relinquished his or
her minor child to the Department of Human Resources or a...
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26-10-24
Section 26-10-24 Certification for subsidy; procedures; approval of plan. (a) Except in cases
involving foster parents, where the department has made reasonable efforts to locate an appropriate
family to adopt the child without the use of subsidy and no family has been found for the
child, the State Department of Human Resources shall certify the child as eligible for a subsidy,
provided the other requirements of this article are met. (b) In cases involving foster parents
where there is evidence to support the existence of potential danger to the child in severing
his or her emotional ties with his or her foster parents who are the prospective adoptive
parents, no evidence need be presented that reasonable efforts have been made to place the
child without subsidy. (c) Application for adoption subsidy shall be in the form and contain
the information required by the department. (d) The decision concerning certification of the
child for subsidy shall be made by the State Department of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-10-24.htm - 2K - Match Info - Similar pages
26-10A-17
Section 26-10A-17 Notice of petition. (a) Unless service has been previously waived, notice
of pendency of the adoption proceeding shall be served by the petitioner on: (1) Any person,
agency, or institution whose consent or relinquishment is required by Section 26-10A-7, unless
parental rights have been terminated pursuant to Section 12-15-319. (2) The legally appointed
custodian or guardian of the adoptee. (3) The spouse of any petitioner who has not joined
in the petition. (4) The spouse of the adoptee. (5) The surviving parent or parents of a deceased
parent of the adoptee unless parental rights have been terminated pursuant to Section 12-15-319.
(6) Any person known to the petitioners as currently having physical custody of the adoptee,
excluding foster parents or other private licensed agencies, or having visitation rights with
the adoptee under an existing court order. (7) The agency or individual authorized to investigate
the adoption under Section 26-10A-19. (8) Any other...
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