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38-12-3
Section 38-12-3 Investigation of prospective kinship foster parent. (a) A person may become
a kinship foster parent only upon the completion of an investigation to ascertain if there
is a state or federal record of criminal history for the prospective kinship foster parent
or any other adult residing in the prospective foster parent's home. (b) The Alabama Bureau
of Investigation shall conduct the investigation and shall make the results of the investigation
available to the department in accordance with this section. The department shall maintain
the confidentiality of the investigation results and shall use the results only for purposes
of determining a person's eligibility to become a kinship foster parent. (c) It is unlawful,
except for the purpose of determining a person's eligibility for kinship foster care, for
any person to disclose information obtained under this section. Any person violating this
section commits a Class A misdemeanor. (Act 99-437, p. 864, §3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-12-3.htm - 1K - Match Info - Similar pages
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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12-15-315
Section 12-15-315 Permanency hearing for Department of Human Resources cases only. (a) Within
12 months of the date a child is removed from the home and placed in out-of-home care, and
not less frequently than every 12 months thereafter during the continuation of the child in
out-of-home care, the juvenile court shall hold a permanency hearing. The Department of Human
Resources shall present to the juvenile court at the hearing a permanent plan for the child.
The juvenile court shall consult with the child, in an age-appropriate manner, regarding the
permanency plan and any transition plan to independent living. If a permanent plan is not
presented to the juvenile court at this hearing, there shall be a rebuttable presumption that
the child should be returned home. This provision is intended to ensure that a permanent plan
is prepared by the Department of Human Resources and presented to the juvenile court within
12 months of the placement of any child in foster care and no less...
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38-13-3
Section 38-13-3 Criminal history background information check required for certain individuals;
exemptions. (a) On November 1, 2000, every employer, child care facility, adult care facility,
the Department of Human Resources, and child placing agency shall request the Alabama State
Law Enforcement Agency to conduct a criminal history background information check for the
following: (1) An employment applicant, employee or volunteer of an employer, child care facility,
adult care facility, or child placing agency. (2) A current foster parent for a child or adult
or adult household member of a foster family or applicant and an adult household member of
a foster family seeking approval to operate as a foster parent or foster family home for a
child placing agency or the Department of Human Resources. Unless otherwise provided in this
chapter, no criminal history background information check shall be conducted on a current
foster parent or household member of a foster family if a Federal...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-12A-2.htm - 7K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-301.htm - 7K - Match Info - Similar pages
38-13-7
Section 38-13-7 Duties of Departments of Public Safety and Human Resources; review of determinations.
(a) Criminal history background information checks shall be performed by the Department of
Public Safety upon request by an employer, child care facility, adult care facility, or child
placing agency authorized to make a request, or the Department of Human Resources. The Department
of Public Safety shall provide a criminal history background check within a reasonable time
of the receipt of the request. National criminal history background checks shall be requested
by the Department of Public Safety from the Federal Bureau of Investigation within a reasonable
time of the request. The Department of Public Safety, upon receipt of the criminal history
background report from the Federal Bureau of Investigation, shall forward the report to the
Department of Human Resources within a reasonable period. (b) Criminal history background
information reports shall be sent from the Department of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-13-7.htm - 7K - Match Info - Similar pages
38-12-4
Section 38-12-4 Individualized service plan. (a) The department shall determine whether the
person is able to care effectively for the foster child by the following methods: (1) Reviewing
personal and professional references. (2) Observing during a home visit of the kinship
foster parent with household members. (3) Interviewing the kinship foster parent. (b) The
department and the kinship foster parent shall develop an individualized service plan for
the foster care of the child. The plan shall be periodically reviewed and updated. If the
plan includes the use of an approved daycare center or family daycare home, the department
shall pay for child care arrangements, according to established rates. (c) The kinship foster
parent shall cooperate with any activities specified in the individualized service plan for
the foster child, such as counseling, therapy, court sessions, or visits with the foster child's
parents or other family members. (d) Whether appointed kinship guardian by the...
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26-14-7.1
Section 26-14-7.1 Due process rights for persons under investigation by department. Any person
who comes under investigation by the Department of Human Resources for the abuse or neglect
of a child or children and who is employed by, serves as a volunteer for, holds a license
or certificate for, or is connected with any facility, agency, or home which cares for and
controls any children and which is licensed, approved, or certified by the state, operated
as a state facility, or any public, private, or religious facility or agency that may be exempt
from licensing procedures shall be granted the following due process rights by the Department
of Human Resources: (1) The department shall notify the alleged perpetrator that an investigation
has commenced against him or her after such investigation has officially begun in accordance
with written policies established by the Department of Human Resources. The notice shall be
in writing and shall state the name of the child or children...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-14-7.1.htm - 7K - Match Info - Similar pages
12-15-317
in the custody of the Department of Human Resources for 12 of the most recent 22 months. b.
If a child has been abandoned. c. If the parent has committed murder of another child of that
parent. d. If the parent has committed manslaughter of another child of that parent. e. If
the parent has aided, abetted, attempted, conspired, or solicited to commit murder or manslaughter
of another child of that parent. f. If the parent has committed a felony assault that has
resulted in serious bodily injury, as defined in paragraph c. of subdivision (5) of
subsection (a) of Section 12-15-319, to the child, to another child of the parent, or to the
other parent of the child. (2) Exceptions to mandatory filing shall include any of the following
factors: a. The child is being cared for by a relative. b. The Department of Human Resources
has documented in the individualized service plan, which shall be available for review by
the juvenile court, a compelling reason for determining that filing a...
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