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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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38-13-4
Section 38-13-4 Mandatory criminal history check notice; suitability determinations; checks
on subsequent activity. (a) Every employer, child care facility, adult care facility, the
Department of Human Resources, and child placing agency required to obtain a criminal history
background information check pursuant to this chapter shall obtain, prior to or upon the date
of employment, or issuance of a license or approval or renewal thereof, and maintain in the
agency or personnel file, a request with written consent for the criminal history background
information check and a statement signed by the applicant, volunteer, or employee indicating
whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions.
The statement shall include a notice and questionnaire the same as or similar to the following:
(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history
background information check be conducted on all persons who hold a...
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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, §1.)...
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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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38-10-32
Section 38-10-32 Action to assure that parents of child in department's custody or receiving
maintenance payments provide support. The department may take action under this article or
any other appropriate state and federal statutes to assure that the parent or parents of a
child in the custody and care of the department or otherwise receiving foster care maintenance
payments under Title IV-E of the Social Security Act, provide support for such child. An order
for support may be made at the time custody is granted to the department and may be made a
part of the custody order. (Acts 1986, Ex. Sess., No. 86-686, p. 81, §3.)...
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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...
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38-15-4
Section 38-15-4 Registration of certain youth residential institutions or organizations; staff
training plans; rights of children; licensing and inspection of food preparation areas; access
by law enforcement agencies. (a) Commencing on January 1, 2018, the department shall register
any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated
youth residential facility, youth social rehabilitation facility, community treatment facility
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section, whenever children are housed at the facility or location of the program for
a period of more than 24 hours. At a minimum, registered youth residential institution or
organization under this section shall do all of the following: (1) Be...
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40-18-360
Section 40-18-360 Definitions. As used in this article, the following terms shall have the
following meanings: (1) COMMISSIONER. The Commissioner of Revenue of the State of Alabama.
(2) PRIVATE ADOPTION. An adoption through a private agency in which the adoptive parent(s)
reside in Alabama. (3) QUALIFIED FOSTER CHILD. Any individual who: a. is in the permanent
legal custody of the Alabama Department of Human Resources; and/or b. is placed in a licensed
or approved foster home by the Alabama Department of Human Resources for the purpose of adoption
pursuant to an approved case plan. (Act 2014-413, p. 1517, §1; Act 2018-549, §1.)...
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12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports, and
information acquired or generated in juvenile courts concerning children shall be confidential
and shall not be released to any person, department, agency, or entity, except as provided
elsewhere in this section: (1) Juvenile legal files (including formal documents as petitions,
notices, motions, legal memoranda, orders, and decrees). (2) Social records, including but
not limited to: a. Records of juvenile probation officers. b. Records of the Department of
Human Resources. c. Records of the Department of Youth Services. d. Medical records. e. Psychiatric
or psychological records. f. Reports of preliminary inquiries and predisposition studies.
g. Supervision records. h. Birth certificates. i. Individualized service plans. j. Education
records, including, but not limited to, individualized education plans. k. Detention records.
l. Demographic information that identifies a child or the family of a...
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26-10-26
Section 26-10-26 Subsidies - Report; modification of subsidy; review; duration of subsidy.
(a)(1) The department may require the adoptive parent or parents to submit a report, annually
or at a time or times specified in the agreement or when the department is investigating an
allegation of improperly received benefits. The parent shall state in the report that the
child remains under their care and any change in the conditions or circumstances of the adopting
parent or the needs of the child. The subsidy agreement shall continue according to its terms,
except as provided by this article. The department may confirm the accuracy and veracity of
the report from any reliable sources of information concerning the adoptive family and child,
including any governmental or private agency that serves the area in which the child resides.
If the report or information received by the department indicates a substantial change in
the conditions that existed when the adoption subsidy agreement was...
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