Code of Alabama

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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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38-7-9
Section 38-7-9 License to operate or conduct child-care facility - Revocation or refusal to
renew license - Aggrieved party entitled to hearing; review of final decision or action of
department; bond; when decision may be set aside; section not applicable to boarding homes
and free homes. In the event a party or an applicant for a license or a licensee is denied
a license or a renewal of a license or has a license suspended or revoked for the operation
of a child-care facility required by this chapter to be licensed by the department, or in
the event an application for such a license or renewal of a license is not acted upon with
reasonable promptness, or in the event an approval required by this chapter to be issued by
the department is denied or revoked or unduly delayed, any aggrieved party may appeal to the
department for a fair hearing of his case. Notice and opportunity for a fair hearing and notice
of right to counsel shall be given the appellant by the department, and at this...
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38-12-2
Section 38-12-2 Program established. (a) There is established a Kinship Foster Care Program
in the State Department of Human Resources. (b) When a child has been removed from his or
her home and is in the care, custody, or guardianship of the department, the department shall
attempt to place the child with a relative for kinship foster care. If the relative is approved
by the department to provide foster care services, in accordance with rules and regulations
adopted by the department regarding foster care services, and a placement with the relative
is made, the relative may receive payment for the full foster care rate only as provided by
federal law for the care of the child and any other benefits that might be available to foster
parents, whether in money or in services. Foster care payments shall cease upon the effective
date of the kinship subsidiary payments or as provided by the department. (c) The department
shall establish standards for becoming a kinship foster parent as...
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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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38-7-16
Section 38-7-16 Penalties; burden of proof of relationship. Any person, group of persons, association
or corporation who: (1) Conducts, operates or acts as a child-care facility without a license,
or a six-month permit or an approval to do so in violation of the provisions of this chapter;
(2) Makes materially false statements in order to obtain a license or permit; (3) Fails to
keep the records and make the reports provided under this chapter; (4) Advertises any service
not authorized by the license or permit held; (5) Publishes any advertisement in violation
of this chapter; (6) Receives within this state any child in violation of Section 38-7-15;
(7) Violates any other provision of this chapter or any reasonable rule or regulation adopted
and published by the department for the enforcement of the provisions of this chapter, shall
be guilty of a misdemeanor and shall be fined not less than $100.00 nor more than $1,000.00
or be imprisoned in the county jail not longer than one year,...
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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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26-10A-18
Section 26-10A-18 Custody pending final decree. Once a petitioner has received the adoptee
into his or her home for the purposes of adoption and a petition for adoption has been filed,
an interlocutory decree shall be entered delegating to the petitioner (1) custody, except
custody shall be retained by the Department of Human Resources or the licensed child placing
agency which held custody at the time of the placement until the entry of the final decree
and (2) the responsibility for the care, maintenance, and support of the adoptee, including
any necessary medical or surgical treatment, pending further order of the court. This interlocutory
decree shall not stop the running of time periods prescribed in Section 26-10A-9. (Acts 1990,
No. 90-554, p. 912, §18; Act 2002-417, p. 1061, §1.)...
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38-15-8
Section 38-15-8 Rulemaking authority; authority of department to act in loco parentis; registration
approval required; performance of services in accordance with religious beliefs. (a) On or
before January 1, 2018, the department shall adopt rules to implement this chapter, in consultation
with interested parties, including representatives of any institution with any combination
of organizational characteristics defined by this section, former residents of long-term youth
residential facilities, advocates for youth, and private concerned parties. Until rules are
adopted by the department and become effective any existing child or youth residential organization,
facility, institution, boarding school, or program operating in this state shall be governed
by the rules applicable to residential care facilities regulated by the Department of Human
Resources pursuant to published minimum standards for residential child care facilities. Any
institution, facility, or program subject to this...
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12-15-127
Section 12-15-127 Release, delivery to detention or shelter care facility, medical facility
of children taken into custody generally. (a) A person taking a child into custody without
an order of the juvenile court shall, with all possible speed, and in accordance with this
chapter and the rules of court pursuant thereto: (1) Release the child to the parents, legal
guardian, or legal custodian of the child or other suitable person able to provide supervision
and care for the child and issue verbal counsel and warning as may be appropriate. (2) Release
the child to the parents, legal guardian, or legal custodian of the child upon his or her
promise to bring the child before the juvenile court when requested, unless the placement
of the child in detention or shelter care appears required. If a parent, legal guardian, or
other legal custodian fails, when requested, to bring the child before the juvenile court
as provided in this section, the juvenile court may issue an order directing that...
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26-10-22
Section 26-10-22 Definitions. As used in this article, the following words shall have the following
meanings unless the context indicates otherwise: (1) ADOPTION SUBSIDY. A money payment, services,
deferred payment, or any combination thereof that is provided to a child with special needs
or circumstances after submission of an application to the department. (2) AGENCY. The department
or a child welfare agency which is authorized in its license issued by the department to place
children for adoption. (3) APPLICATION. The submission to the department of a complete application
as defined by the department with documentation of the child's special needs. (4) CHILD. An
individual under 19 years of age, or an individual 19 or 20 years of age and eligible for
Title IV-E Federal Funding, who is: a. in the care or custody, or both, of the department,
or a public or voluntary licensed child-placing agency, b. legally free for adoption and c.
in special need or circumstances because he or she is...
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