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26-2B-206
Section 26-2B-206 Appropriate forum. (a) A court of this state having jurisdiction under Section
26-2B-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction
if it determines at any time that a court of another state is a more appropriate forum. (b)
If a court of this state declines to exercise its jurisdiction under subsection (a), it shall
either dismiss or stay the proceeding. The court may impose any condition the court considers
just and proper, including the condition that a petition for the appointment of a guardian
or issuance of a protective order be filed promptly in another state. (c) In determining whether
it is an appropriate forum, the court shall consider all relevant factors, including: (1)
any expressed preference of the respondent; (2) whether abuse, neglect, or exploitation of
the respondent has occurred or is likely to occur and which state could best protect the respondent
from the abuse, neglect, or exploitation; (3) the...
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26-14-7.1
Section 26-14-7.1 Due process rights for persons under investigation by department. Any person
who comes under investigation by the Department of Human Resources for the abuse or neglect
of a child or children and who is employed by, serves as a volunteer for, holds a license
or certificate for, or is connected with any facility, agency, or home which cares for and
controls any children and which is licensed, approved, or certified by the state, operated
as a state facility, or any public, private, or religious facility or agency that may be exempt
from licensing procedures shall be granted the following due process rights by the Department
of Human Resources: (1) The department shall notify the alleged perpetrator that an investigation
has commenced against him or her after such investigation has officially begun in accordance
with written policies established by the Department of Human Resources. The notice shall be
in writing and shall state the name of the child or children...
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38-9-7
Section 38-9-7 Violations; penalties. (a) It shall be unlawful for any person to abuse, neglect,
exploit, or emotionally abuse any protected person. For purposes of this section, residence
in a nursing home, mental institution, developmental center for people with an intellectual
disability, or other convalescent care facility shall be prima facie evidence that a person
is a protected person. Charges of abuse, neglect, exploitation, or emotional abuse may be
initiated upon complaints of private individuals, as a result of investigations by social
service agencies, or on the direct initiative of law enforcement officials. (b) Any person
who intentionally abuses or neglects a person in violation of this chapter shall be guilty
of a Class B felony if the intentional abuse or neglect causes serious physical injury. (c)
Any person who recklessly abuses or neglects a person in violation of this chapter shall be
guilty of a Class C felony if the reckless abuse or neglect causes serious...
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38-9C-2
Section 38-9C-2 Legislative findings. The Legislature finds that services to persons with developmental
disabilities and traumatic brain injury must be based on individual need, provided by appropriately
qualified individuals, and available to persons with developmental disabilities in community
environments. Services should be provided in a way which is normalizing as well as respectful
of the rights, feelings, and responsibilities of each person with a disability. Services should
also focus on enabling individuals to maintain responsibility for setting their own goals,
directing their own lives, and acting responsibly as members of their community. Persons who
have disabilities shall not be deprived of any right, benefit, or privilege guaranteed by
law, the Constitution of Alabama of 1901, or the Constitution of the United States without
due process of law. (Acts 1995, No. 95-690, p. 1502, §2.)...
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26-16-2
Section 26-16-2 Definitions. As used in this article, the following words and phrases shall
have the meanings herein ascribed to them: (1) CHILD. A person under 18 years of age. (2)
CHILD ABUSE. Harm or threatened harm to a child's health or welfare by a person responsible
for the child's health or welfare, which harm occurs or is threatened through nonaccidental
physical or mental injury; sexual abuse, which includes a violation of any provision of Article
4, Chapter 6, Title 13A. (3) CULTURAL COMPETENCY. The ability of an individual or organization
to understand and act respectfully toward, in a cultural text, the beliefs, interpersonal
styles, attitudes, and behaviors of persons and families of various cultures, including persons
and families of various cultures who participate in services from the individual or organization
and persons of various cultures who provide services for the individual or organization. (4)
DEPARTMENT. The Department of Child Abuse and Neglect Prevention....
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26-16-9
Section 26-16-9 Child Abuse and Neglect Prevention Board - Disbursement generally. (a) The
state board may authorize the disbursement of available money from the trust fund exclusively
for the following purposes, which are listed in the order of preference for expenditure: (1)
To fund a private nonprofit or public organization in the development or operation of a program
if at least all of the following conditions are met: a. The appropriate local council has
reviewed the program. This paragraph does not apply if a local council does not exist for
the geographic area to be served by the program. b. The organization demonstrates an ability
to match, through money or in-kind services, 50 percent of the amount of any trust fund money
received. Not more than 50 percent of the local match shall be in in-kind services. In-kind
services are subject to the approval of the state board. c. The organization demonstrates
a willingness and ability to provide program models and consultation to...
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15-1-2
Section 15-1-2 Limits on interviews of victims of sexual abuse or exploitation under 12 years
of age; confidentiality of court records of victims under 18 years of age. (a) The presiding
judge of a judicial circuit, after consultation with the district attorney for the judicial
circuit may provide for reasonable limits on the number of interviews a victim of sexual abuse
or exploitation, who is under 12 years of age, must submit to for law enforcement or other
purposes. The judge shall, to the extent possible, protect the victim from the psychological
damage of repeated interrogation while preserving the rights of the public, the victim, and
the person charged with the violation. (b) The court records of a child under the age of 18
years who is a victim of sexual abuse or exploitation shall not be open to the public, but
shall be kept in the same manner as juvenile offender records are kept. (Acts 1985, No. 85-742,
p. 1192.)...
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26-16-7
Section 26-16-7 Child Abuse and Neglect Prevention Board - Recommendation to Governor, etc.,
of changes in state programs which will reduce problem of child abuse, etc. The state board
may recommend to the Governor and the Legislature changes in state programs, statutes, policies,
budgets, and standards which will reduce the problem of child abuse and neglect, improve coordination
among state agencies that provide prevention services, and improve the condition of children
and parents or guardians who are in need of prevention program services. (Acts 1983, No. 83-736,
p. 1198, §7.)...
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26-16-51
Section 26-16-51 Department of Human Resources to adopt guidelines and criteria; general role
and functions of teams. The Department of Human Resources shall adopt guidelines and criteria
relating to the operations and functions of the team as promulgated by the advisory committee
created pursuant to Section 26-16-52. The guidelines will be supplemental to the existing
protective service activities of the children, youth, and family programs of the State of
Alabama. Nothing in this section shall be construed to remove or reduce the duty and responsibility
of any person to report all suspected or actual cases of child abuse or neglect or sexual
abuse of a child pursuant to law. The general role of the teams shall be to support activities
of the program and to provide services to abused and neglected children upon referral by the
county departments of human resources, or any other agency as set forth in the guidelines
and criteria established. To the extent that resources are available...
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30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following meanings:
(1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD. An unemancipated
individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION. A judgment,
decree, or other order of a court providing for the legal custody, physical custody, or visitation
with respect to a child. The term includes a permanent, temporary, initial, and modification
order. The term does not include an order relating to child support or other monetary obligation
of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in which legal custody,
physical custody, or visitation with respect to a child is at issue. The term includes a proceeding
for divorce, dissolution of marriage, legal separation, neglect, abuse, dependency, paternity,
termination of parental rights, or protection from domestic violence. The term does not include
a court proceeding involving juvenile...
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