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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