Code of Alabama

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38-12-35
Section 38-12-35 Subsidies - Amount. The amount of a kinship guardianship subsidy shall be
determined according to this section and as provided by rules of the department. The subsidy
may be paid monthly and the monthly amount may not exceed the monthly foster care maintenance
board payment for the child if the child were to remain in the care or custody of the department,
without regard to the sources of the funds. No foster care maintenance board payment and kinship
subsidy payment shall be paid for the same child for the same period of time. The kinship
guardianship subsidy may only be provided for an eligible child. Subject to rules adopted
by the department, the subsidy may include up to the federally established amount for nonrecurring
expenses, including attorney's fees, incurred by the kinship guardian or successor guardian
to complete the kinship guardianship or successor guardianship in court. Subsidy payments
are subject to the availability of funds and the allocation of...
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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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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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41-15B-2.2
5. Provision of other forensic services for children when requested by the council. b. The
Department of Forensic Sciences shall prepare an annual accounting of the distribution of
monies received and the effectiveness of programs implemented pursuant to this chapter and
shall file the accounting with the council before July 1. Sufficient safeguards shall be implemented
to ensure that the new monies increase and not supplant or decrease existing state support.
(12) One-half of one percent of the fund shall be allocated to the Department of Rehabilitation
Services for distribution to one or more of the following: a. Early intervention services
for children from birth through age three and services for children who have traumatic brain
injury. b. Child death review teams pursuant to Article 5 of Chapter 16 of Title 26.
The Department of Rehabilitation Services shall work in cooperation with the Department of
Public Health to administer this paragraph. (Act 99-390, p. 628, §3.)...
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16-44B-1
Commission may deem appropriate. The executive director shall serve as secretary to the Interstate
Commission, but shall not be a Member of the Interstate Commission. The executive director
shall hire and supervise such other persons as may be authorized by the Interstate Commission.
D. The Interstate Commission's executive director and its employees shall be immune from suit
and liability, either personally or in their official capacity, for a claim for damage to
or loss of property or personal injury or other civil liability caused or arising
out of or relating to an actual or alleged act, error, or omission that occurred, or that
such person had a reasonable basis for believing occurred, within the scope of Interstate
Commission employment, duties, or responsibilities; provided, that such person shall not be
protected from suit or liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person. 1. The liability of...
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38-12-36
Section 38-12-36 Subsidies - Duration. Provided that federal funding is available, the kinship
guardianship subsidy shall continue until the following occur: (1) The child who is being
cared for by the kinship guardian or successor guardian reaches age 18 years, or age 21 if
the child has attained age 16 before the kinship subsidy agreement became effective, and the
child is: a. Completing secondary education or a program leading to an equivalent credential.
b. Enrolled in an institution which provides postsecondary or vocational education. c. Participating
in a program or activity designed to promote, or remove barriers to, employment. d. Employed
for at least 80 hours per month. e. Incapable of doing any of the activities described in
paragraphs a. through d. due to a medical condition, which incapability is supported by regularly
updated information in the case plan of the child, if applicable. (2) The kinship guardian
or successor guardian is no longer legally responsible for...
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38-12-38
Section 38-12-38 Review of subsidy. If the subsidy continues for more than one year, the eligibility
for and amount of the subsidy shall be reviewed at least annually by the department as provided
by rule. The subsidy continues regardless of the state in which the kinship guardian or successor
guardian resides, or the state to which the kinship guardian or successor guardian moves,
if the kinship guardian or successor guardian continues to be responsible for the child, provided
funding is available. (Act 2010-712, p. 1744, §9; Act 2016-129, §1.)...
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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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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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26-10-25
Section 26-10-25 Subsidies - Agreements; type; amount; duration; limitation. When parents are
found and approved for adoption of a child certified as eligible for subsidy, and before the
final decree of adoption is issued, there must be a written agreement between the State Department
of Human Resources and the adopting family as to the terms and conditions of the subsidy.
Upon determination of eligibility, adoption subsidies in individual cases may commence at
any time after the adoption placement or at the appropriate time after the adoption decree,
and will vary with the needs of the child and as negotiated with the adoptive parent or parents,
and according to, as well as the availability of, other resources to meet the child's needs.
The subsidy may be for special services only, or for money payments, payment deferred, and
either for a limited period, or for a long term, or for any combination of the foregoing.
The amount of the time-limited or long-term subsidy may in no case...
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