Code of Alabama

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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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38-7-2
Section 38-7-2 Definitions. Terms used in this chapter, unless the context otherwise requires,
have the meanings ascribed to them in this section. When not inconsistent with the context,
words used in the present tense include the future, words in the singular number include the
plural number, and words in the plural number include the singular number, and the word "shall"
is always mandatory and not merely directory: (1) CHILD. Any person under 19 years of age,
a person under the continuing jurisdiction of the juvenile court pursuant to Section 12-15-117,
or a person under 21 years of age in foster care as defined by the Department of Human Resources.
(2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD CARE. A child-care facility where more
than 10 children are received and maintained for the purpose of providing them with care or
training or both, or transitional living program services, but does not include: a. Any institution
for child care which is under the ownership or control,...
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16-40-9
Section 16-40-9 Instruction for avoiding child sexual abuse. (a)(1) The Legislature recognizes
that Erin Merryn was raped and molested for six and a half years by a neighbor and a family
member. She began a crusade her senior year of high school in 2004 to end the silence and
shame around sexual abuse. Erin's Law has been adopted in a number of states to help address
the problem of child sexual abuse. (2) The intent of Erin's Law is to shatter the silence
and stigma around child sexual abuse, and to educate children and empower them to recognize
and to report abuse. (3) The Legislature finds that without a specific initiative like Erin's
Law, schools generally fail to give young students adequate awareness and a voice in this
issue. (b) The Governor's Task Force on Prevention of Sexual Abuse of Children created under
subsection (c) shall adopt guidelines for a child sexual abuse prevention instructional program.
The guidelines shall: (1) Educate children in grades pre-kindergarten...
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38-15-4
Section 38-15-4 Registration of certain youth residential institutions or organizations; staff
training plans; rights of children; licensing and inspection of food preparation areas; access
by law enforcement agencies. (a) Commencing on January 1, 2018, the department shall register
any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated
youth residential facility, youth social rehabilitation facility, community treatment facility
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, whenever children are housed at the facility or location of the program for
a period of more than 24 hours. At a minimum, registered youth residential institution or
organization under this section shall do all of the following: (1) Be...
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12-15-502
Section 12-15-502 Referral of multiple needs child case to county team. After the filing of
a petition alleging that a child is delinquent, dependent, or in need of supervision, or after
the filing of a petition seeking mental commitment of a minor or child pursuant to Article
4, the juvenile court, on its own motion or motion of a party, may refer the above-referenced
child to the county team for recommendation if the petition alleged or evidence reveals to
the juvenile court that the child may be a multiple needs child. If the case involves a child
in need of supervision, or a status offender as defined in subdivision (4) of Section 12-15-201,
who is at imminent risk of being placed in the legal or physical custody of the Department
of Human Resources, the juvenile court shall refer the case to the county team. This referral
may occur prior to any hearing, or the juvenile court may suspend proceedings during the hearing
or prior to disposition to review the findings and...
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26-1-4
Section 26-1-4 Alabama State Law Enforcement Agency to provide criminal conviction information
on applicants for positions involving child care and treatment; such information to be confidential;
applicant to be denied status if has felony conviction; children may be removed from home.
(a) Notwithstanding any other provisions of law to the contrary, upon request to the Alabama
State Law Enforcement Agency, by the Department of Human Resources, or by any other youth
service agency approved by the department, such center shall provide information to the department
or an approved agency concerning the felony criminal conviction record in this or another
state of an applicant for a paid or voluntary position, including one established by contract,
whose primary duty is the care or treatment of children, including applicants for adoption
or foster parents. All information, including any criminal conviction record, procured by
the department or an approved agency shall be confidential and...
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38-15-3
Section 38-15-3 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) CHILD. A person under the age of 18 years. (2) COMMUNITY TREATMENT
FACILITY FOR YOUTHS. A religious, faith-based, or church nonprofit, other nonprofit, or for
profit youth residential facility that provides mental health treatment services to children
in a group setting and that has the capacity to provide secure containment. (3) DEPARTMENT.
The State Department of Human Resources. (4) DIRECTOR. The Director of the State Department
of Human Resources. (5) LONG TERM YOUTH RESIDENTIAL FACILITY. A religious, faith-based, or
church nonprofit, other nonprofit, or for profit long term residential facility, group care
facility, or similar facility as determined by the director, providing 24-hour nonmedical
care of youth in need of personal services, supervision, or assistance essential for sustaining
the activities of daily living or for the protection of the child and...
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12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
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26-14-3
Section 26-14-3 Mandatory reporting. (a) All hospitals, clinics, sanitariums, doctors, physicians,
surgeons, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors,
podiatrists, physical therapists, nurses, public and private K-12 employees, school teachers
and officials, peace officers, law enforcement officials, pharmacists, social workers, day
care workers or employees, mental health professionals, employees of public and private institutions
of postsecondary and higher education, members of the clergy as defined in Rule 505 of the
Alabama Rules of Evidence, or any other person called upon to render aid or medical assistance
to any child, when the child is known or suspected to be a victim of child abuse or neglect,
shall be required to report orally, either by telephone or direct communication immediately,
and shall be followed by a written report, to a duly constituted authority. (b)(1) When an
initial report is made to a law enforcement official, the...
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38-15-8
Section 38-15-8 Rulemaking authority; authority of department to act in loco parentis; registration
approval required; performance of services in accordance with religious beliefs. (a) On or
before January 1, 2018, the department shall adopt rules to implement this chapter, in consultation
with interested parties, including representatives of any institution with any combination
of organizational characteristics defined by this section, former residents of long-term youth
residential facilities, advocates for youth, and private concerned parties. Until rules are
adopted by the department and become effective any existing child or youth residential organization,
facility, institution, boarding school, or program operating in this state shall be governed
by the rules applicable to residential care facilities regulated by the Department of Human
Resources pursuant to published minimum standards for residential child care facilities. Any
institution, facility, or program subject to this...
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