38-7-2
Section 38-7-2 Definitions. Terms used in this chapter, unless the context otherwise requires, have the meanings ascribed to them in this section. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number, and the word "shall" is always mandatory and not merely directory: (1) CHILD. Any person under 19 years of age, a person under the continuing jurisdiction of the juvenile court pursuant to Section 12-15-117, or a person under 21 years of age in foster care as defined by the Department of Human Resources. (2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD CARE. A child-care facility where more than 10 children are received and maintained for the purpose of providing them with care or training or both, or transitional living program services, but does not include: a. Any institution for child care which is under the ownership or control,...
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38-7-8
Section 38-7-8 License to operate or conduct child-care facility - Revocation or refusal to renew license - Grounds. The department may revoke or refuse to renew the license or the approval of any child-care facility or refuse to issue a full license to the holder of a six-month permit should the license or the child-care facility designated on the notice of approval or the holder of a six-month permit: (1) Consistently fail to maintain standards prescribed and published by the department; (2) Violate the provisions of the license issued; (3) Furnish or make any misleading or any false statements or report to the department; (4) Refuse to submit to the department any reports or refuse to make available to the department any records required by the department in making investigation of the child-care facility for licensing purposes; provided, however, that the department shall not revoke or refuse to renew a license in such case unless it has made written demand on the person, firm or...
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38-7-5
Section 38-7-5 License to operate or conduct child-care facility - Issuance and term; temporary permits; provisional approval of home; preferential treatment of family members concerning placement of children. (a) Licenses or approvals shall be issued in such form and manner as prescribed by the department and are valid for two years from the date issued, unless revoked by the department or voluntarily surrendered by the licensee, or by the child-care facility designated on the notice of approval, provided, that the following occur: (1) Licenses or approvals for boarding homes are valid for one year from the date of issuance, unless revoked by the department, or by the licensed child-placing agency which issued the approval, or unless voluntarily surrendered by the licensee or by the child-care facility designated on the notice of approval. (2) Approvals for free homes shall continue in effect until notice of disapproval is given by the department, or by the licensed child-placing...
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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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26-1-4
Section 26-1-4 Alabama State Law Enforcement Agency to provide criminal conviction information on applicants for positions involving child care and treatment; such information to be confidential; applicant to be denied status if has felony conviction; children may be removed from home. (a) Notwithstanding any other provisions of law to the contrary, upon request to the Alabama State Law Enforcement Agency, by the Department of Human Resources, or by any other youth service agency approved by the department, such center shall provide information to the department or an approved agency concerning the felony criminal conviction record in this or another state of an applicant for a paid or voluntary position, including one established by contract, whose primary duty is the care or treatment of children, including applicants for adoption or foster parents. All information, including any criminal conviction record, procured by the department or an approved agency shall be confidential and...
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38-7-15
Section 38-7-15 Conditions precedent to bringing child into state for purposes of adoption or placement in child-care facility. (a) No person or agency shall bring or send any child into the State of Alabama for the purpose of placing him or procuring his adoption or placing him in any child-care facility, as defined herein, without first obtaining the consent of the department. The department shall have the power to impose and enforce reasonable conditions precedent to the granting of such consent. Such conditions shall be for the purpose of providing the same care and protection for the child coming into the State of Alabama for placement or adoption as are afforded to a child who is born in the State of Alabama, and such conditions shall include the following: (1) The department shall be authorized to designate an agency in another state from which said child is being brought or sent, or in which said child's parents or guardian may be found, to interview said parent or parents or...
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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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26-10A-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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38-10-30
Section 38-10-30 Definitions. As used in this article, the following terms shall have the following meanings: (1) CHILD. A minor or disabled child. (2) CUSTODY. A legal status created by court order. (3) DEPARTMENT. The Department of Human Resources of the State of Alabama, including the state and county departments of human resources. (4) FOSTER CARE. Services for children outside of their own homes provided on a 24-hour basis in a licensed or approved facility. (Acts 1986, Ex. Sess., No. 86-686, p. 81, ยง1.)...
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12-15-108
Section 12-15-108 Liability of counties for expenses of maintenance and care of children under the jurisdiction of the juvenile court pursuant to this chapter; reimbursement. Except as otherwise provided in this chapter, all expenses necessary or appropriate to the carrying out of the purposes and intent of this chapter and all expenses of maintenance and care of children under the jurisdiction of the juvenile court pursuant to this chapter that may be incurred by order of the juvenile court in carrying out the provisions and intent of this chapter (except costs paid by parents, legal guardians, legal custodians, or trustees and court costs as provided by law) shall be valid charges and preferred claims against the county . These claims shall be paid by the county treasurer when itemized and sworn to by the creditor or other persons knowing the facts in the case and when approved by the juvenile court. Notwithstanding the foregoing, a municipality shall reimburse the county the actual...
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