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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...
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38-1-3
Section 38-1-3 Legal representative for handling public assistance payments of incompetents.
If any otherwise qualified applicant for or recipient of public assistance appears to be incapable,
physically or mentally, or both, of managing his public assistance payments, and has no legal
guardian, he, his spouse, father, mother, child, brother or sister, with the consent of the
Department of Human Resources, or the Department of Human Resources may petition the probate
judge for the appointment of a legal representative to handle his public assistance payments
only. The petition shall be accompanied by a certificate in writing of a physician which certificate
shall state that the physician upon examination believes the applicant or recipient to be
physically or mentally, or both, incapable of managing his public assistance payments. The
probate judge shall conduct a hearing for the purpose of appointing a competent person as
legal representative after notice of at least 10 days in...
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26-14-7.1
Section 26-14-7.1 Due process rights for persons under investigation by department.
Any person who comes under investigation by the Department of Human Resources for the abuse
or neglect of a child or children and who is employed by, serves as a volunteer for, holds
a license or certificate for, or is connected with any facility, agency, or home which cares
for and controls any children and which is licensed, approved, or certified by the state,
operated as a state facility, or any public, private, or religious facility or agency that
may be exempt from licensing procedures shall be granted the following due process rights
by the Department of Human Resources: (1) The department shall notify the alleged perpetrator
that an investigation has commenced against him or her after such investigation has officially
begun in accordance with written policies established by the Department of Human Resources.
The notice shall be in writing and shall state the name of the child or children...
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38-1-7
Section 38-1-7 (Effective October 1, 2015 until September 30, 2017) Drug screening program.
(a) As used in this section, the following words shall have the following meanings:
(1) DRUG. Includes all of the following: a. A controlled substance for which a medical prescription
or other legal authorization is required for purchase or possession, including, but not limited
to: An amphetamine, a tetrahydrocannabinol, oxycodone, cocaine, phencyclidine (PCP), an opiate,
a barbiturate, a benzodiazepine, a methamphetamine, a propoxyphene, a tricyclic antidepressant,
or a metabolite of any of these substances. b. A drug whose manufacture, sale, use, or possession
is forbidden by law. (2) DRUG SCREENING. Any chemical, biological, or physical instrumental
analysis administered by a laboratory certified by the United States Department of Health
and Human Services or other licensing agency in this state for the purpose of determining
the presence or absence of a drug or its metabolites. (b) The...
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38-9-2
Section 38-9-2 Definitions. For the purposes of this chapter, the following terms shall
have the following meanings: (1) ABUSE. The infliction of physical pain, injury, or the willful
deprivation by a caregiver or other person of services necessary to maintain mental and physical
health. (2) ADULT IN NEED OF PROTECTIVE SERVICES. A person 18 years of age or older whose
behavior indicates that he or she is mentally incapable of adequately caring for himself or
herself and his or her interests without serious consequences to himself or herself or others,
or who, because of physical or mental impairment, is unable to protect himself or herself
from abuse, neglect, exploitation, sexual abuse, or emotional abuse by others, and who has
no guardian, relative, or other appropriate person able, willing, and available to assume
the kind and degree of protection and supervision required under the circumstances. (3) CAREGIVER.
An individual who has the responsibility for the care of a protected...
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16-1-18.1
Section 16-1-18.1 Accumulation of sick leave. (a) Definitions. When used in this section,
the following terms shall have the following meanings, respectively: (1) EMPLOYEE. Any person
employed full time as provided by law by those employers enumerated in this section;
and adult bus drivers. (2) EMPLOYER. All public city and county boards of education; the Board
of Trustees of the Alabama Institute for Deaf and Blind; the Alabama Youth Services Department
District Board in its capacity as the Board of Education for the Youth Services Department
District; the Board of Directors of the Alabama School of Fine Arts; the Board of Trustees
of the Alabama High School of Mathematics and Science; for purposes of subsection (c) only,
the Alabama State Senate, the Lieutenant Governor, the Office of the Senate President Pro
Tempore, the Speaker of the House of Representatives, the Alabama House of Representatives,
the Legislative Reference Service; any organization participating in the Teachers'...
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26-10A-32
Section 26-10A-32 Birth certificates. (a) Within 10 days of the final decree being entered
the judge or the clerk of the court shall send a copy of the final order to the Department
of Human Resources and shall send a certificate of the final order of adoption to the State
Registrar of Vital Statistics of the State Board of Health upon the form supplied by the state
registrar for that purpose. (b) Upon receipt of copy of any final order of adoption the State
Registrar of Vital Statistics shall cause to be made a new record of the birth in the new
name and with the name or names of the adopting parent or parents as contained in the final
decree. The state registrar shall then cause to be sealed and filed the original certificate
of birth with the decree of the court. (c) Except as otherwise provided by subsection (c)
of Section 22-9A-12, after the new birth certificate has been issued, the original
birth certificate and the evidence of adoption are not subject to inspection except upon...
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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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26-10A-16
Section 26-10A-16 Petition. (a) A petition for adoption shall be filed with the clerk
of the court within 30 days after the minor is placed with the prospective adoptive parent
or parents for purposes of adoption unless the minor is in custody of the Department of Human
Resources or a licensed child placing agency except that a petition for good cause shown may
be filed beyond the 30-day period. The petition shall be signed, and verified by each petitioner,
and shall allege: (1) The full name, age, and place of residence of each petitioner and, if
married, the place and date of marriage; (2) The date and place of birth of the adoptee, except
in the case of abandonment; (3) The birth name of the adoptee, any other names by which the
adoptee has been known, and the adoptee's proposed new name; (4) Where the adoptee is residing
at the time of the filing of the petition, and if the minor is not in the custody of a petitioner,
when he, she, or they intend to acquire custody; (5) That each...
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26-17-505
Section 26-17-505 Genetic testing results; rebuttal. (a) Under this chapter, a man is
rebuttably identified as the father of a child if the genetic testing complies with this article
and the results disclose that: (1) the man has at least a 99 percent probability of paternity,
using a prior probability of 0.50, as calculated by using the combined paternity index obtained
in the testing; and (2) a combined paternity index of at least 100 to 1. (b) A man identified
under subsection (a) as the father of the child may rebut the genetic testing results only
by other genetic testing satisfying the requirements of this article which: (1) excludes the
man as a genetic father of the child; or (2) identifies another man as the possible father
of the child. (c) Except as otherwise provided in Section 26-17-510, if more than one
man is identified by genetic testing as the possible father of the child, the court or the
Alabama Department of Human Resources pursuant to Section 30-3-197 shall order...
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