16-28-13
Section 16-28-13 Burden of proof on person in loco parentis. No parent, guardian or other person
having control or charge of any child shall be convicted for failure to have said child enrolled
in school or for failure to send a child to school or for failure to require such child to
regularly attend such school or tutor, or for failure to compel such child to properly conduct
himself as a pupil, if such parent, guardian or other person having control or charge of such
child can establish to the reasonable satisfaction of the court the following: (1) That the
principal teacher in charge of said school which he attends or should attend or the tutor
who instructs or should instruct said child gave permission for the child to be absent; or
(2) That such parent, guardian or other person is unable to provide necessary books and clothes
in order that the child may attend school in compliance with law, and that such parent, guardian
or other person had prior to the opening of the school, or...
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26-14-7.2
Section 26-14-7.2 Child denied medical treatment due to parents' religious beliefs. (a) When
an investigation of child abuse or neglect by the Department of Human Resources determines
that a parent or legal guardian legitimately practicing his or her religious beliefs has not
provided specific medical treatment for a child, the parent or legal guardian shall not be
considered a negligent parent or guardian for that reason alone. This exception shall not
preclude a court from ordering that medical services be provided to the child when the child's
health requires it. (b) The department may, in any case, pursue any legal remedies, including
the initiation of legal proceedings in a court of competent jurisdiction, as may be necessary
to provide medical care or treatment for a child when the care or treatment is necessary to
prevent or remedy serious harm to the child, or to prevent the withholding of medically indicated
treatments from infants with disabilities and with life-threatening...
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26-19A-4
Section 26-19A-4 Missing and endangered persons alert - When activated. (a) A missing and endangered
persons alert shall be activated by the department when a person is reported missing and an
investigation reveals the following: (1) The person is living with a mental disability, physical
disability, Alzheimer's disease, dementia, or autism and is at risk of bodily harm or death.
(2) There is enough descriptive information about the person living with a mental disability,
physical disability, Alzheimer's disease, dementia, or autism and at risk of bodily harm or
death to believe an immediate media alert would help investigators locate the person. For
persons living with a mental disability, physical disability, Alzheimer's disease, dementia,
or autism, a statement from a caregiver that the missing person lives with a mental disability,
physical disability, Alzheimer's disease, dementia, or autism shall be considered sufficient
proof of the mental disability, physical disability,...
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27-12A-23
Section 27-12A-23 Confidentiality. (a) Documents and evidence provided pursuant to Section
27-12A-21 or obtained by the department in an investigation of suspected or actual insurance
fraud shall be privileged and confidential, shall not be a public record, and shall not be
subject to discovery or subpoena in a civil or criminal action. (b) Notwithstanding subsection
(a), the department may release documents and evidence obtained by the unit in an investigation
of suspected or actual insurance fraud pursuant to any of the following: (1) Administrative
or judicial bodies hearing proceedings to enforce laws administered by the department. (2)
Federal, state, or local law enforcement or regulatory agencies, including, but not limited
to, the Attorney General and the Chief Examiner of Public Accounts; the NICB; or the NAIC.
(3) At the discretion of the commissioner, a person in the transaction of the business of
insurance that is aggrieved by the insurance fraud. (c) Release of documents...
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22-14-31
Section 22-14-31 Fingerprints; search of criminal records by department; fees. Any person,
firm or corporation referred to in Section 22-14-30 shall submit to the Alabama State Law
Enforcement Agency two sets of classifiable fingerprints of each person for whom a criminal
history record inquiry is required. Fingerprints shall be submitted upon cards of such type
as the department may require. The department shall search its criminal history files or the
criminal history files of any other state agency to which it has access and return the results
of its records search to the submitting employer. The director shall set and collect a reasonable
fee for such service. Said fee shall be paid into the Alabama State Law Enforcement Agency
Operating Fund. (Acts 1979, No. 79-805, p. 1483, §2.)...
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26-10A-33
Section 26-10A-33 Crime to place children for adoption. Only a parent, a parent of a deceased
parent, or a relative of the degree of relationship specified in Section 26-10A-28, the Department
of Human Resources or a licensed child placing agency, or an agency approved by the Department
of Human Resources may place a minor for adoption. No person or entity other than the Department
of Human Resources or a licensed child placing agency shall engage in the business of placing
minors for adoption. Any person or entity making more than two unrelated placements of minors
for adoption within the preceding twelve-month period shall be deemed to be in the business
of placing minors for adoption. Any other person who places a minor for adoption is guilty,
upon the first conviction, of a Class A misdemeanor and upon subsequent convictions is guilty
of a Class C felony. This section does not intend to make it unlawful for any person not engaged
in the business of placing minors for adoption to...
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32-6-218
Section 32-6-218 Department to design and supply tags, certificates, etc.; make investigation;
adopt rules; revoke issuing authority. The department shall prescribe the design and material
of the temporary license tags, temporary registration certificates, application forms and
all other notices and forms necessary to carry out the provisions of this division and shall
furnish a supply of such materials to designated agents or manufacturers or dealers qualifying
under Section 32-6-212 upon request. The department may make necessary investigations to procure
information required to carry out the provisions of this division, may adopt and enforce reasonable
rules and regulations to carry out the provisions hereof, and may, after a hearing, revoke
the authority to issue temporary license tags or registration certificates of any dealer or
other person appointed by the department to act as a designated agent or any manufacturer
or dealer who it finds has failed to faithfully perform his or...
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38-9-5
Section 38-9-5 Emergency protective services. When there is brought to the attention of a county
department of human resources a person who is unable, because of physical or mental disabilities,
to provide for his basic needs for shelter, food, clothing or health care, and whose health
or safety is in immediate danger, the department may arrange for protective services with
the consent of the person. If the person is incapable of giving consent or does not consent,
the department shall petition the court for an order authorizing the department to arrange
for care for such person immediately. Upon a determination by the court that such care is
urgently and immediately necessary to protect the health or safety of the person, an appropriate
order of the court shall be issued authorizing the department to arrange for the placement
of such person in an approved foster home, licensed nursing home or other similar facility
immediately. At the proceeding to obtain the necessary order, any...
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26-2A-114
Section 26-2A-114 Investigation and report. Before ruling on the petition, the court may order
the Department of Human Resources or the court representative to do any or all of the following:
(1) Conduct interviews with the following: a. The ward b. All petitioners. c. The relatives
of the ward. d. To the extent practical, neighbors and, if known, close friends of the ward.
(2) Inform the ward of the contents of the petition. (3) Determine whether the ward has the
capacity to consent to the requested visitation. (4) Determine whether the ward desires the
proposed visitation. (5) Report to the court in writing, at least seven days before the hearing,
concerning subdivisions (1) to (4), inclusive. (6) Mail, at least seven days before the hearing,
a copy of the report referred to in subdivision (5) to all of the following: a. The petitioner
or his or her attorney, if any. b. The guardian ad litem appointed to represent the ward for
purposes of the petition for visitation. c. The guardian....
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38-10-32
Section 38-10-32 Action to assure that parents of child in department's custody or receiving
maintenance payments provide support. The department may take action under this article or
any other appropriate state and federal statutes to assure that the parent or parents of a
child in the custody and care of the department or otherwise receiving foster care maintenance
payments under Title IV-E of the Social Security Act, provide support for such child. An order
for support may be made at the time custody is granted to the department and may be made a
part of the custody order. (Acts 1986, Ex. Sess., No. 86-686, p. 81, §3.)...
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