Code of Alabama

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12-15-317
Section 12-15-317 Who may file petition. The Department of Human Resources, any public or private
licensed child-placing agency, parent, child, or any interested person may file a petition
to terminate the parental rights of a parent or parents of a child. (1) Mandatory filing of
petition by the Department of Human Resources. The Department of Human Resources shall be
required to file a petition to terminate the parental rights of a parent or parents of a child,
or if the petition has been filed by another party, shall seek to be joined as a party to
the petition, and, concurrently, to identify, recruit, process, and approve a qualified family
for adoption, in the following circumstances: a. In the case of a child who has been in foster
care in the custody of the Department of Human Resources for 12 of the most recent 22 months.
b. If a child has been abandoned. c. If the parent has committed murder of another child of
that parent. d. If the parent has committed manslaughter of another...
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26-10B-8
Section 26-10B-8 Department to provide coverage and benefits not provided by residence state;
procedure for reimbursement. The State Department of Human Resources shall provide coverage
and benefits for a child who is in another state and who is covered by an adoption assistance
agreement made by the State Department of Human Resources for coverage or benefits, if any,
not provided by the residence state. To this end, the adoptive parents acting for the child
must obtain prior approval from the State Department of Human Resources and may submit evidence
of payment for services or benefit amounts not payable in the residence state and shall be
reimbursed therefor. However, there shall be no reimbursement for services or benefit amounts
covered under any insurance or other third party medical contract or arrangement held by the
child or the adoptive parents. The State Department of Human Resources shall make regulations
implementing this section. Among other things, such regulations...
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29-2-106
Section 29-2-106 State Case Registry of Children in State Care. (a) The Department of Human
Resources, the Department of Mental Health, and the Department of Youth Services shall create
a joint project team to develop a requirements analysis and conceptual design for maintaining
a central repository of case information within 12 months of May 6, 1998, which shall be known
as the State Case Registry of Children in State Care and shall contain records with respect
to the following: (1) The number of children in state care. (2) The amount of funds expended
by federal, state, and local governments for maintenance payments on behalf of children in
state care. (3) The amount of funds expended by federal, state, and local governments for
payments on behalf of each child in state care and their natural parents or guardians. (4)
The types of services being offered to parents and their children in order to keep the family
together. (5) The number of children in foster care eligible for adoption,...
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12-15-312
Section 12-15-312 Reasonable efforts in judicial determinations; situations in which reasonable
efforts are not required to be made. (a) When the juvenile court enters an order removing
a child from his or her home and places the child into foster care or custody of the Department
of Human Resources pursuant to this chapter, the order shall contain specific findings, if
warranted by the evidence, within the following time periods while making child safety the
paramount concern: (1) In the first order of the juvenile court that sanctions the removal,
whether continuation of the residence of the child in the home would be contrary to the welfare
of the child. This order may be the pick-up order that the juvenile court issues on the filing
of a dependency petition. (2) Within 60 days after the child is removed from the home of the
child, whether reasonable efforts have been made to prevent removal of the child or whether
reasonable efforts were not required to be made. (3) Within 12...
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38-9-5
Section 38-9-5 Emergency protective services. When there is brought to the attention of a county
department of human resources a person who is unable, because of physical or mental disabilities,
to provide for his basic needs for shelter, food, clothing or health care, and whose health
or safety is in immediate danger, the department may arrange for protective services with
the consent of the person. If the person is incapable of giving consent or does not consent,
the department shall petition the court for an order authorizing the department to arrange
for care for such person immediately. Upon a determination by the court that such care is
urgently and immediately necessary to protect the health or safety of the person, an appropriate
order of the court shall be issued authorizing the department to arrange for the placement
of such person in an approved foster home, licensed nursing home or other similar facility
immediately. At the proceeding to obtain the necessary order, any...
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45-41-40.01
Section 45-41-40.01 Operation of child care or day care centers. No child care or day care
center, nor child care institution or institution for child care, in Lee County, shall be
allowed to operate on a 24 hour basis unless the Department of Human Resources shall first
approve of such operation. (Act 85-47, 2nd Sp. Sess., p. 71, ยง1.)...
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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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36-1-6.1
Section 36-1-6.1 Professional liability coverage for state employees or agents; duties of Finance
Director; self-insurance; costs of insurance. (a) The various state agencies, departments,
boards, or commissions shall determine and report their needs for liability coverage to the
Finance Director, the Insurance Commissioner, and the Attorney General. The Finance Director,
with the advice of the Insurance Commissioner and Attorney General, shall then determine the
type of blanket policy needed to provide basic coverage for deaths, injuries, or damages arising
out of the negligent or wrongful acts or omissions committed by state employees or agents
of the state, including retired licensed physicians and dentists while they are voluntarily
serving at free health care clinics and individuals serving as foster parents licensed or
approved by the Department of Human Resources to maintain homes for a child or children under
the supervision of the department or serving as adult foster care...
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38-10-7.1
Section 38-10-7.1 Scope of representation of district attorney or appointed attorney in support
enforcement action. Any district attorney or attorney approved or appointed by the Attorney
General initiating legal proceedings at the request of the Department of Human Resources to
establish or enforce child support, spousal support, medical support, and/or any other support
services pursuant to the provisions of Title IV-D of the Social Security Act and the laws
of this state shall represent the State of Alabama, Department of Human Resources, exclusively
in said proceedings. No attorney-client relationship shall exist between the IV-D attorney
and any applicant or recipient of the agency's support enforcement services, without regard
to the style of the case in which legal proceedings are initiated. Said attorney representing
the state in an IV-D case is only authorized to appear and prosecute and/or defend issues
of support and cannot in an IV-D case address or provide representation...
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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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