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13A-6-71
Section 13A-6-71 Foster parent engaging in a sex act, etc., with a foster child. (a) A person
commits the crime of engaging in a sex act with a foster child if he or she is a foster parent
and engages in sexual intercourse or sodomy, as defined by Section 13A-6-60, with a foster
child under the age of 19 years who is under his or her care or supervision. Engaging in a
sex act with a foster child is a Class B felony. (b) A person commits the crime of engaging
in a sexual contact with a foster child if he or she is a foster parent and engages in a sexual
contact, pursuant to Section 13A-6-60, with a foster child under the age of 19 years who is
under his or her care or supervision. Engaging in sexual contact with a foster child is a
Class C felony. (c) A person commits the crime of soliciting a sex act or sexual contact with
a foster child if he or she is a foster parent and solicits, persuades, encourages, harasses,
or entices a foster child under the age of 19 years to engage in a sex...
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38-12-37
Section 38-12-37 Application. (a) Applications for the program may be submitted by a prospective
kinship guardian. A written agreement between the prospective kinship guardian entering into
the program and the department shall precede the award of a kinship guardianship. The kinship
guardianship subsidy agreement and kinship guardianship subsidy shall become effective only
upon entry of an order of a court awarding kinship guardianship. The agreement shall specify,
at a minimum, the following: (1) The amount of, and manner in which, each kinship guardianship
assistance payment will be provided under the agreement, and the manner in which the payment
may be adjusted periodically, in consultation with the relative guardian, based on the circumstances
of the relative guardian and the needs of the child. (2) The additional services and assistance
that the child and relative guardian or successor guardian will be eligible for under the
agreement. (3) The procedure by which the relative...
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38-12-1
Section 38-12-1 Definitions. As used in this chapter the following words shall have the following
meanings: (1) DEPARTMENT. State Department of Human Resources. (2) FOSTER PARENT. Any person
with whom a child in the care, custody, or guardianship of the department, is placed for temporary
or long-term care, but shall not include any person with whom a child is placed for the purpose
of adoption. (Act 99-437, p. 864, ยง1.)...
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38-7-4
Section 38-7-4 License to operate or conduct child-care facility - Application; investigation;
application to operate foster family home may be made to licensed child-placing agency. Any
person, group of persons or corporation who or which receives children or arranges for care
or placement of one or more children unrelated to the operator shall apply for a license or
for approval to operate one of the types of child-care facilities defined in this chapter.
Application for such license or approval to operate a child-care facility shall be made to
the department in the manner and on forms prescribed by it. The department, upon receiving
such application, shall examine the premises of the child-care facility, including buildings,
equipment, furnishings and appliances thereof and shall investigate the persons responsible
for the care of children therein. If, upon such examination of the facility and investigation
of the persons responsible for care of children, the department is satisfied...
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26-10-24
Section 26-10-24 Certification for subsidy; procedures; approval of plan. (a) Except in cases
involving foster parents, where the department has made reasonable efforts to locate an appropriate
family to adopt the child without the use of subsidy and no family has been found for the
child, the State Department of Human Resources shall certify the child as eligible for a subsidy,
provided the other requirements of this article are met. (b) In cases involving foster parents
where there is evidence to support the existence of potential danger to the child in severing
his or her emotional ties with his or her foster parents who are the prospective adoptive
parents, no evidence need be presented that reasonable efforts have been made to place the
child without subsidy. (c) Application for adoption subsidy shall be in the form and contain
the information required by the department. (d) The decision concerning certification of the
child for subsidy shall be made by the State Department of...
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38-12-31
Section 38-12-31 Legislative findings. The Legislature finds and declares the following: (1)
There exists in this state a number of children who cannot reside with their parents, legal
guardians, or legal custodians because of such parents', legal guardians', or custodians'
incapacity or inability to perform the regular and expected functions of care and support
of the children and family care and who thereby come to the attention of juvenile court and
into the care and custody of the Department of Human Resources. (2) An increasing number of
relatives, including grandparents, find themselves wanting to provide care to related foster
children on a long-term basis to prevent the children from remaining in foster care with unrelated
caregivers yet these relatives are either unable or unwilling to seek termination of the legal
relationships between the parent and the child, particularly when it is the caregiver's own
child or sibling who is the parent. (3) It is in the public interest to...
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34-11-11.2
Section 34-11-11.2 Complaints; investigation; hearing; sanctions. (a) Any person or entity,
including the board or its staff, may file a complaint alleging a violation of this chapter
against any individual licensee, certified intern, or firm holding a certificate of authorization
or against an unlicensed individual or firm. The complaint shall be in writing, shall be signed
by the complainant, shall state specifically the facts on which the complaint is based, and
shall be filed with the executive director of the board. (b) The board may designate one or
more individuals to investigate and report to it on any matter related to its lawful duties
and may employ legal counsel as the board may deem necessary or desirable. An investigation
may be made upon receipt of a complaint. The board may resolve violations by agreement between
the board and the respondent with or without the filing of formal charges. (c) All complaints
shall be reviewed by an investigative committee designated by the...
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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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26-10A-16
Section 26-10A-16 Petition. (a) A petition for adoption shall be filed with the clerk of the
court within 30 days after the minor is placed with the prospective adoptive parent or parents
for purposes of adoption unless the minor is in custody of the Department of Human Resources
or a licensed child placing agency except that a petition for good cause shown may be filed
beyond the 30-day period. The petition shall be signed, and verified by each petitioner, and
shall allege: (1) The full name, age, and place of residence of each petitioner and, if married,
the place and date of marriage; (2) The date and place of birth of the adoptee, except in
the case of abandonment; (3) The birth name of the adoptee, any other names by which the adoptee
has been known, and the adoptee's proposed new name; (4) Where the adoptee is residing at
the time of the filing of the petition, and if the minor is not in the custody of a petitioner,
when he, she, or they intend to acquire custody; (5) That each...
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26-14-7
Section 26-14-7 Duties of Department of Human Resources. (a) The State or County Department
of Human Resources shall make a thorough investigation promptly upon either the oral or written
report. The primary purpose of such an investigation shall be the protection of the child.
(b) The investigation, to the extent that is reasonably possible, shall include: (1) The nature,
extent and cause of the child abuse or neglect; (2) The identity of the person responsible
therefor; (3) The names and conditions of other children in the home; (4) An evaluation of
the parents or person responsible for the care of the child; (5) The home environment and
the relationship of the child or children to the parents or other persons responsible for
their care; and (6) All other data deemed pertinent. (c) The investigation may include a visit
to the child's home, an interview with the subject child, and may include a physical, psychological,
or psychiatric examination of any child or children in that home....
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