Code of Alabama

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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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12-15-201
Section 12-15-201 Definitions. For purposes of this article, the following terms and phrases
shall have the following meanings: (1) AVERAGE COST OF DETENTION. The average cost of detention
of children as determined from experience in Alabama and as computed by the Department of
Youth Services. (2) CONSENT DECREE. An order, entered after the filing of a delinquency or
child in need of supervision petition and before the entry of an adjudication order, suspending
the proceedings and placing the child under supervision pursuant to terms and conditions agreed
to between the child and his or her parent, legal guardian, or legal custodian and approved
by the juvenile court. (3) NONOFFENDER. A child who is subject to the jurisdiction of the
juvenile court for reasons other than the legally prohibited conduct of the child. (4) STATUS
OFFENDER. A status offender is an individual who has been charged with or adjudicated for
conduct that would not, pursuant to the law of the jurisdiction in which...
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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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30-3-110
Section 30-3-110 Civil action for order of retroactive support. There is hereby created a civil
action to establish an order of retroactive support which may be brought against a non-supporting
parent who has a duty to support as the legal parent of a child or children but has failed
to provide support. The action may be brought by the parent or guardian with physical or legal
custody who is providing the actual care and support for the child or may be brought by the
Department of Human Resources pursuant to the provisions of Section 38-10-1 et seq. An action
under this section can be brought only if support has not previously been ordered pursuant
to a divorce or other action in this or any other jurisdiction. (Acts 1994, No. 94-213, p.
298, ยง1.)...
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12-15-207
Section 12-15-207 Filing of petition and conduct of hearing as to necessity for continuation
of detention or shelter care of a child; violation of probation and aftercare. (a) When a
child is not released from detention or shelter care as provided in Section 12-15-127, a petition
shall be filed and a hearing held within 72 hours of placement in detention or shelter care,
Saturdays, Sundays, and holidays included, to determine probable cause and to determine whether
or not continued detention or shelter care is required. (b) Notice of the detention or shelter
care hearing, either verbal or written, stating the date, time, place, and purpose of the
hearing and the right to counsel shall be given by a juvenile probation officer to the parent,
legal guardian, or legal custodian if they can be found and to the child if the child is over
12 years of age . (c) At the commencement of the detention or shelter care hearing, the juvenile
court shall advise the parent, legal guardian, legal...
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31-13-27
Section 31-13-27 Verification of citizenship and immigration status of students enrolling in
public schools; annual reports; disclosure of information. (a)(1) Every public elementary
and secondary school in this state, at the time of enrollment in kindergarten or any grade
in such school, shall determine whether the student enrolling in public school was born outside
the jurisdiction of the United States or is the child of an alien not lawfully present in
the United States and qualifies for assignment to an English as Second Language class or other
remedial program. (2) The public school, when making the determination required by subdivision
(1), shall rely upon presentation of the student's original birth certificate, or a certified
copy thereof. (3) If, upon review of the student's birth certificate, it is determined that
the student was born outside the jurisdiction of the United States or is the child of an alien
not lawfully present in the United States, or where such certificate...
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12-15-121
Section 12-15-121 Form, contents, and execution of juvenile petitions. (a) A juvenile petition
alleging delinquency, in need of supervision, or dependency may be signed by any person 18
years of age or older, other than a juvenile court intake officer, who has knowledge of the
facts alleged or is informed of them and believes that they are true. However, the person
signing a dependency petition, in the petition or in an attached affidavit, shall give information,
if reasonably ascertainable, as required in Section 30-3B-209. (b) A petition shall be entitled
"In the matter of _____, a child" and shall be made under oath. (c) The petition
shall set forth with specificity all of the following: (1) The facts which bring the child
under the jurisdiction of the juvenile court, the facts constituting the alleged dependency,
delinquency, or need of supervision and the facts showing that the child is in need of supervision,
treatment, rehabilitation, care, or the protection of the state, as the...
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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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26-14-6
Section 26-14-6 Temporary protective custody. A police officer, a law enforcement official,
or a designated employee of the State or County Department of Human Resources may take a child
into protective custody, or any person in charge of a hospital or similar institution or any
physician treating a child may keep that child in his or her custody, without the consent
of the parent or guardian, whether or not additional medical treatment is required, if the
circumstances or conditions of the child are such that continuing in his or her place of residence
or in the care and custody of the parent, guardian, custodian, or other person responsible
for the child's care presents an imminent danger to that child's life or health. However,
such official shall immediately notify the court having jurisdiction over juveniles of such
actions in taking the child into protective custody; provided, that such custody shall not
exceed 72 hours and that a court of competent jurisdiction and the...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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