Code of Alabama

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16-1-11.2
Section 16-1-11.2 Autonomy of nonpublic schools - Education selection by parents; exemption
from licensure or regulation. (a) A parent or guardian shall have the right to select the
type school or method of his or her choice for the K-12 education of his or her child, whether
public or nonpublic, religious or nonreligious, and including home-based education. (b) Nonpublic
schools, including private, church, parochial, and religious schools, offering educational
instruction in grades K-12, as well as home-schooled students, are not subject to licensure
or regulation by the state or any political subdivision of the state, including the State
Department of Education. This section shall not be interpreted or construed as preventing
a nonpublic school from voluntarily participating in state audits or other state administrative
oversight in order to comply with requirements of federal grant provisions, except that any
such voluntary participation may be withdrawn by the nonpublic school...
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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...
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31-13-27
to this section which personally identifies any student shall be unlawful, except for purposes
permitted pursuant to 8 U.S.C. §§ 1373 and 1644. Any person intending to make a public disclosure
of information that is classified as confidential under this section, on the ground that such
disclosure constitutes a use permitted by federal law, shall first apply to the Attorney General
and receive a waiver of confidentiality from the requirements of this subsection. (f) A student
whose personal identity has been negligently or intentionally disclosed in violation
of this section shall be deemed to have suffered an invasion of the student's right to privacy.
The student shall have a civil remedy for such violation against the agency or person that
has made the unauthorized disclosure. (g) The State Board of Education shall construe all
provisions of this section in conformity with federal law. (h) This section shall be enforced
without regard to race, religion, gender, ethnicity,...
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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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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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38-12-4
Section 38-12-4 Individualized service plan. (a) The department shall determine whether the
person is able to care effectively for the foster child by the following methods: (1) Reviewing
personal and professional references. (2) Observing during a home visit of the kinship
foster parent with household members. (3) Interviewing the kinship foster parent. (b) The
department and the kinship foster parent shall develop an individualized service plan for
the foster care of the child. The plan shall be periodically reviewed and updated. If the
plan includes the use of an approved daycare center or family daycare home, the department
shall pay for child care arrangements, according to established rates. (c) The kinship foster
parent shall cooperate with any activities specified in the individualized service plan for
the foster child, such as counseling, therapy, court sessions, or visits with the foster child's
parents or other family members. (d) Whether appointed kinship guardian by the...
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16-1-39
Section 16-1-39 Self-administration of medications by student. (a) Commencing with the 2007-2008
scholastic year, each local board of education and the governing body of each nonpublic school
in the state shall permit the self-administration of medications by a student for chronic
conditions if conducted in compliance with the State Department of Education and State Board
of Nursing Medication Curriculum, as may be amended from time to time by the department and
board. Approved medications may be self-administered if the parent or legal guardian of the
student provides all of the information outlined in the medication curriculum, including,
but not limited to, all of the following: (1) Written and signed authorization for the self-administration
to the chief executive officer of the school. (2) Written and signed acknowledgement that
the school shall incur no liability and that the parent or legal guardian shall indemnify
and hold harmless the school and the employees and agents of the...
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22-5D-2
Section 22-5D-2 Definitions. As used in this act, the following words have the following meanings:
(1) ELIGIBLE PATIENT. An individual who meets all of the following conditions: a. Has a terminal
illness, attested to by the patient's treating physician. b. Has considered all other treatment
options currently approved by the U. S. Food and Drug Administration. c. Has received a recommendation
from his or her physician for an investigational drug, biological product, or device. d. Has
given written, informed consent for the use of the investigational drug, biological product,
or device. e. Has documentation from his or her physician that he or she meets the requirements
of this subdivision. (2) INVESTIGATIONAL DRUG, BIOLOGICAL PRODUCT, or DEVICE. A drug, biological
product, or device that has successfully completed phase 1 of a clinical trial but has not
yet been approved for general use by the U. S. Food and Drug Administration and remains under
investigation in a U. S. Food and Drug...
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26-14-1
Section 26-14-1 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them by this section: (1) ABUSE. Harm or threatened
harm to a child's health or welfare. Harm or threatened harm to a child's health or welfare
can occur through nonaccidental physical or mental injury, sexual abuse or attempted
sexual abuse, or sexual exploitation or attempted sexual exploitation. Sexual abuse includes
the employment, use, persuasion, inducement, enticement, or coercion of any child to engage
in, or having a child assist any other person to engage in, any sexually explicit conduct
or any simulation of the conduct for the purpose of producing any visual depiction of the
conduct; or the rape, molestation, prostitution, or other form of sexual exploitation of children,
or incest with children as those acts are defined by Alabama law. Sexual exploitation includes
allowing, permitting, or encouraging a child to engage in prostitution and...
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44-1-31
Section 44-1-31 Guardianship of youth in custody of department. If, at any time while legal
custody of a youth is vested in the department of youth services, the department learns that
he or she, for any reason does not have a natural or adoptive parent in a position to exercise
effective guardianship or a legally appointed guardian of his or her person, the department
may thereupon file a petition in the appropriate court for the appointment of a guardian of
the person or property of such youth. No officer or employee of the department shall accept
appointment as the guardian of a youth whose legal custody is vested in the department. (Acts
1973, No. 816, p. 1261, §22.)...
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