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38-12-2
Section 38-12-2 Program established. (a) There is established a Kinship Foster Care Program
in the State Department of Human Resources. (b) When a child has been removed from his or
her home and is in the care, custody, or guardianship of the department, the department shall
attempt to place the child with a relative for kinship foster care. If the relative is approved
by the department to provide foster care services, in accordance with rules and regulations
adopted by the department regarding foster care services, and a placement with the relative
is made, the relative may receive payment for the full foster care rate only as provided by
federal law for the care of the child and any other benefits that might be available to foster
parents, whether in money or in services. Foster care payments shall cease upon the effective
date of the kinship subsidiary payments or as provided by the department. (c) The department
shall establish standards for becoming a kinship foster parent as...
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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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38-12-32
Section 38-12-32 Definitions. As used in this article, the following terms shall have the following
meanings: (1) CAREGIVER. An individual 21 years of age or older, other than a child's parent,
legal guardian, or legal custodian who is an approved foster parent, who is a relative of
the child, and who has been providing care and support for the child while the child has been
residing in the caregiver's home for at least the last six consecutive months while in the
legal custody of the Department of Human Resources, a designated official for a child-placing
agency, or a successor guardian. (2) CHILD. An individual under 18 years of age who is in
foster care with the caregiver and over whom a court has exercised continuing jurisdiction.
(3) COURT. The juvenile court. (4) DEPARTMENT. The Department of Human Resources. (5) KINSHIP
GUARDIAN. A caregiver who is willing to assume care of a child because of parental incapacity
of a parent, legal guardian, legal custodian, or other dependency...
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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...
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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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16-1-18.1
Director of the Alabama School of Fine Arts; the Executive Director of the Alabama High School
of Mathematics and Science; the Secretary of the Senate, the Clerk of the House of Representatives,
the Lieutenant Governor; the Speaker of the House of Representatives; the chief executive
officer of any other employer as provided in this section. (4) SICK LEAVE. The absence from
duty by an employee as a result of any of the following: a. Personal illness or doctor's
quarantine. b. Incapacitating personal injury. c. Attendance upon an ill member
of the employee's immediate family (parent, spouse, child, foster child currently in the care
and custody of the employee, sibling); or an individual with a close personal tie.
d. Death in the family of the employee (parent, spouse, child, sibling, parent-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, nephew, niece, grandchild, grandparent, uncle,
or aunt). e. Death, injury, or sickness of another person who has unusually...
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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...
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38-13-2
Place of abode, domicile, or dwelling with intention to remain permanently and continuously
or for an indefinite or uncertain length of time. (30) SEX CRIME. Includes any sex offense
listed in Section 15-20A-5. (31) SUITABILITY CRITERIA. a. Convictions for any of the following
crimes shall make an individual unsuitable for employment, volunteer work, approval, or licensure:
1. A violent offense as defined in Section 12-25-32. 2. A sex crime. 3. A crime that involves
the physical or mental injury or maltreatment of a child, the elderly, or an individual
with disabilities. 4. A crime committed against a child. 5. A crime involving the sale or
distribution of a controlled substance. 6. A crime or offense committed in another state or
under federal law which would constitute any of the above crimes in this state. b. Conviction
for any crime listed in the Adoption and Safe Families Act, 42 U.S.C. § 671(a)(20) shall
disqualify a person from being approved or continuing to be approved...
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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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38-12-34
Section 38-12-34 Subsidies - Authorized; eligibility. (a) Subject to rules adopted to implement
this article, the department may provide subsidies for an eligible child placed in kinship
guardianship by a court, or by a federally recognized Native American Indian tribe, if the
child would not be placed in a kinship guardianship without the assistance of the program.
(b) A child is an eligible child for a kinship guardianship subsidy if the department determines
the following: (1) The child has been removed from the custody of his or her parent or parents,
legal guardian, or legal custodian as a result of a judicial determination to the effect that
continuation in the custody of the parent or parents, legal guardian, or legal custodian would
be contrary to the welfare of the child. (2) The department is responsible for the placement
and care of the child. (3) Being returned home or being adopted are not appropriate permanent
options for the child. (4) Permanent placement with a kinship...
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