Code of Alabama

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26-16-2
Section 26-16-2 Definitions. As used in this article, the following words and phrases shall
have the meanings herein ascribed to them: (1) CHILD. A person under 18 years of age. (2)
CHILD ABUSE. Harm or threatened harm to a child's health or welfare by a person responsible
for the child's health or welfare, which harm occurs or is threatened through nonaccidental
physical or mental injury; sexual abuse, which includes a violation of any provision
of Article 4, Chapter 6, Title 13A. (3) CULTURAL COMPETENCY. The ability of an individual
or organization to understand and act respectfully toward, in a cultural text, the beliefs,
interpersonal styles, attitudes, and behaviors of persons and families of various cultures,
including persons and families of various cultures who participate in services from the individual
or organization and persons of various cultures who provide services for the individual or
organization. (4) DEPARTMENT. The Department of Child Abuse and Neglect Prevention....
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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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27-55-2
Section 27-55-2 Definitions. As used in this chapter, these terms shall have the following
meanings: (1) ABUSE. The occurrence of one or more of the following acts by a family or household
member, as defined by subdivision (3) of subsection (b) of Section 15-10-3: a. Attempting
to cause or intentionally, knowingly, or recklessly causing another person, including a minor
child, bodily injury, severe emotional injury, or psychological trauma or conduct
which constitutes the crime of rape. b. Intentionally following another person, including
a minor child, without proper authority, under circumstances that place the person in reasonable
fear of bodily injury or physical harm. c. Subjecting another person, including a minor
child, to false imprisonment or kidnapping. d. Attempting to cause or intentionally, knowingly,
or recklessly causing damage to property to intimidate or attempt to control the behavior
of another person, including a minor child. e. Assault, child abuse, criminal...
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12-15-301
is a relative of the child and has been providing care and support for the child while the
child has been residing in the home of the caregiver for at least the last six consecutive
months while in the legal custody of the Department of Human Resources or a designated official
for a child-placing agency or a successor guardian. (4) CHILD ABUSE. Harm or the risk of harm
to the emotional health, physical health, or welfare of a child, which can occur through nonaccidental
physical or mental injury, sexual abuse, or attempted sexual abuse or sexual exploitation
or attempted sexual exploitation. (5) CHILD-PLACING AGENCY. The same as the term is defined
in subdivision (3) of Section 38-7-2. (6) ELIGIBLE CHILD. In addition to the definition of
child in subdivision (3) of Section 12-15-102, an individual under 18 years of age who has
been residing with the caregiver for at least the last six consecutive months while in the
legal custody of the Department of Human Resources. (7) FORENSIC...
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38-15-4
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section shall be afforded the following rights and any other rights adopted by the department
through rule, which shall be publicly posted and accessible to youth: a. To be afforded dignity
in his or her personal relationships with staff, youth, and other persons. b. To live
in a safe, healthy, and comfortable environment where he or she is treated with respect. c.
To be free from physical, sexual, emotional, or other abuse or corporal punishment. d. To
be granted a reasonable level of personal privacy in accommodations, personal
care and assistance, and visits. e. To confidential care of his or her records and personal
information, and to approve release of those records prior to the release of...
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38-12A-2
to have been perpetrated by a member of the foster parent's household, the process for disposition
of these allegations, and any review process for reports of indicated child abuse and neglect
upon receipt of the allegations. A written notification of any report in which a finding is
not indicated on the county level shall be provided to a foster parent within five days of
the findings. (21) The right to copies of all information relative to their family and services
contained in the personal foster home record. (22) The right to mediation procedures
that may be developed and adopted by the department and the Alabama Foster and Adoptive Parent
Association Board. The foster parent may request mediation in accordance with any mediation
policy adopted by the department and the Alabama Foster and Adoptive Parent Association Board
without threat of reprisal. (23) The right to appeal the closing of a foster family home by
the department in accordance with any appeal procedure adopted...
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41-15B-2.2
5. Provision of other forensic services for children when requested by the council. b. The
Department of Forensic Sciences shall prepare an annual accounting of the distribution of
monies received and the effectiveness of programs implemented pursuant to this chapter and
shall file the accounting with the council before July 1. Sufficient safeguards shall be implemented
to ensure that the new monies increase and not supplant or decrease existing state support.
(12) One-half of one percent of the fund shall be allocated to the Department of Rehabilitation
Services for distribution to one or more of the following: a. Early intervention services
for children from birth through age three and services for children who have traumatic brain
injury. b. Child death review teams pursuant to Article 5 of Chapter 16 of Title 26.
The Department of Rehabilitation Services shall work in cooperation with the Department of
Public Health to administer this paragraph. (Act 99-390, p. 628, §3.)...
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12-15-314
care to participate in activities that are age or developmentally appropriate for the child
based on a reasonable and prudent parent standard, provided the activities are consistent
with provisions of any existing court order, individualized service plan, or promulgated policy
of the department that provides guidance to caregivers concerning the reasonable and prudent
parent standard. The guidance shall include factors for the caregiver to consider prior to
allowing a child to participate in age or developmentally appropriate normal childhood activities.
(2) A caregiver shall be immune from liability in a civil action to recover damages for injury,
death, or loss to person or property that results from a caregiver's decisions using a reasonable
and prudent parent standard. This subsection shall not be construed to remove or limit any
existing liability protection provided by law. (Act 2008-277, p. 441, §18; Act 2010-712,
p. 1744, §13; Act 2016-129, p. 290, §1; Act 2018-273, §1.)...
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38-15-2
Section 38-15-2 Legislative findings. The Legislature finds that there is a substantial need
to protect children and youth from abuse and neglect by persons entrusted with their physical
custody, and from persons or organizations that advertise, hold themselves out, or lead others
to believe that they will provide them with health, therapeutic, rehabilitative, or disciplinary
services, and from persons employed or exercising authority over them, and who they depend
upon to provide the basic necessities of life. The Legislature further finds that abuse and
neglect often take the form of the withholding of the basic necessities of life, including
food, water, shelter, clothing, and health care through an affirmative act or omission. It
is the intent of the Legislature to implement a baseline of registration and regulation requirements
for religious, faith-based, or church nonprofit, other nonprofit, and for profit affiliated
youth residential facilities and institutions that have...
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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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