27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with regard to Non-Admitted Insurance policies with risk exposures located in multiple states, the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted Insurance sold to, solicited by, or negotiated with an insured whose Home State is another State shall be preempted with respect to such application;...
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26-16-3.1
Section 26-16-3.1 Child Abuse and Neglect Prevention Board - Transfer of rights, duties, property, etc., to Department of Child Abuse and Neglect Prevention. (a) Except as necessary to comply with this section and Sections 26-16-2, 26-16-3, 26-16-4, and 26-16-6, the rights, duties, property, real or personal, and all other effects existing in the name of the State Child Abuse and Neglect Prevention Board shall be transferred to the Department of Child Abuse and Neglect Prevention. Any reference to the state board in any existing law, contract, or other instrument, except as otherwise provided in this section or Sections 26-16-2, 26-16-3, 26-16-4, and 26-16-6, shall be deemed a reference to the Department of Child Abuse and Neglect Prevention. (b) A reasonable transition period for the name change shall be allowed to permit an orderly and cost-effective transition, relating particularly to the use of equipment, and supplies of all letterhead, business cards, forms, and any other...
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26-16-4
Section 26-16-4 Child Abuse and Neglect Prevention Board - Composition; terms; officers and committees; compensation. (a) The state board shall be composed of the following 14 members: (1) The Commissioner of the State Department of Human Resources, the State Mental Health Officer, the State Health Officer, the State Superintendent of Education, and the Secretary of the Alabama State Law Enforcement Agency or designees authorized to speak on their behalf. (2) Nine public members appointed by the Governor, one from each of the seven congressional districts into which the state is divided for the purpose of electing representatives in the United States Congress, and two from the state at large. As a group, the public members shall demonstrate knowledge in the area of child abuse and neglect prevention; shall be representative of the demographic composition of this state; and, to the extent practicable, shall be representative of all of the following categories: Organized labor, the...
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26-16-9
Section 26-16-9 Child Abuse and Neglect Prevention Board - Disbursement generally. (a) The state board may authorize the disbursement of available money from the trust fund exclusively for the following purposes, which are listed in the order of preference for expenditure: (1) To fund a private nonprofit or public organization in the development or operation of a program if at least all of the following conditions are met: a. The appropriate local council has reviewed the program. This paragraph does not apply if a local council does not exist for the geographic area to be served by the program. b. The organization demonstrates an ability to match, through money or in-kind services, 50 percent of the amount of any trust fund money received. Not more than 50 percent of the local match shall be in in-kind services. In-kind services are subject to the approval of the state board. c. The organization demonstrates a willingness and ability to provide program models and consultation to...
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15-23-45
Section 15-23-45 Victim counselors not relieved of duty to report certain crimes. This article shall not be construed to relieve victim counselors of any duty to report suspected child abuse or neglect or any evidence that the victim is about to commit a crime. (Acts 1987, No. 87-598, p. 1040, ยง2.)...
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26-16-10
Section 26-16-10 Child Abuse and Neglect Prevention Board - Criteria for making grants to local councils. In making grants to a local council, the state board shall consider the degree to which the local council meets the following criteria: (1) Has as its primary purpose the development and facilitation of a collaborative community prevention program in a specific geographical area. The prevention program shall utilize trained volunteers and existing community resources wherever practicable. (2) Is administered by a board of directors composed of an equal number of members from the following two groups: a. A representative from each of the following local agencies: The county department of human resources, the county public health department, a mental health representative, the office of the prosecuting attorney, a local law enforcement agency, a school district, and a number of private, local agencies that provide treatment or prevention services for abused and neglected children and...
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26-16-51
Section 26-16-51 Department of Human Resources to adopt guidelines and criteria; general role and functions of teams. The Department of Human Resources shall adopt guidelines and criteria relating to the operations and functions of the team as promulgated by the advisory committee created pursuant to Section 26-16-52. The guidelines will be supplemental to the existing protective service activities of the children, youth, and family programs of the State of Alabama. Nothing in this section shall be construed to remove or reduce the duty and responsibility of any person to report all suspected or actual cases of child abuse or neglect or sexual abuse of a child pursuant to law. The general role of the teams shall be to support activities of the program and to provide services to abused and neglected children upon referral by the county departments of human resources, or any other agency as set forth in the guidelines and criteria established. To the extent that resources are available...
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26-16-52
Section 26-16-52 Ad hoc child abuse protection team advisory committee created; composition, duties, etc.; annual report. Upon October 1, 1985, an ad hoc child abuse protection team advisory committee shall be created and shall consist of the following members: The Governor of the State of Alabama or his or her designated representative; the Director of the Department of Human Resources; the Executive Director of the Child Abuse Trust Fund; the President of the State Parents Teachers Association; two judges in the State of Alabama that preside over courts exercising juvenile jurisdiction to be selected by the Chief Justice of the Alabama Supreme Court; one representative from the Association of County Department of Human Resources County Directors to be selected by the Governor; the Executive Director of the Office of Prosecution Services; the Chairman of the Victims Compensation Commission; and two other members selected by the President of the Child Abuse Trust Fund. The committee...
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26-16-70
Section 26-16-70 Membership; eligibility. (a) For purposes of this section, the following terms have the following meanings: (1) FORENSIC INTERVIEW. The same meaning as in Section 12-15-301. (2) LOCAL LAW ENFORCEMENT AGENCIES. The police department for the municipality and the sheriff's department for the county in which a child advocacy center is located. (3) MENTAL HEALTH PROFESSIONAL. An individual holding a master's or higher degree in social work, mental health counseling, or other social work related or mental health counseling related field of study, and who has received special training regarding child maltreatment and child trauma. (b) In order to become eligible for a full membership in the Alabama Network of Children's Advocacy Centers, Incorporated, child advocacy centers in this state shall: (1) Incorporate as a nonprofit agency under the requirements of Section 10A-3-1.01 et seq. (2) Utilize a neutral, child-focused facility where forensic interviews, conducted jointly by...
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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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