Code of Alabama

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38-12-4
Section 38-12-4 Individualized service plan. (a) The department shall determine whether the
person is able to care effectively for the foster child by the following methods: (1) Reviewing
personal and professional references. (2) Observing during a home visit of the kinship foster
parent with household members. (3) Interviewing the kinship foster parent. (b) The department
and the kinship foster parent shall develop an individualized service plan for the foster
care of the child. The plan shall be periodically reviewed and updated. If the plan includes
the use of an approved daycare center or family daycare home, the department shall pay for
child care arrangements, according to established rates. (c) The kinship foster parent shall
cooperate with any activities specified in the individualized service plan for the foster
child, such as counseling, therapy, court sessions, or visits with the foster child's parents
or other family members. (d) Whether appointed kinship guardian by the...
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45-39-81.02
Section 45-39-81.02 Additional court costs - District court cases. (a) In addition to any court
costs and fees now or hereafter authorized in Lauderdale County, an additional fee of four
dollars ($4) shall be charged and collected by the clerk of the court on each district court
case in the county in order to further provide for the protection and welfare of children
in Lauderdale County who are alleged to be or have been found by the juvenile court of the
county to be abused or neglected or otherwise dependent pursuant to Section 12-51-1. (b) The
clerk of the court shall collect the fee in the same manner as other costs in district court
and shall remit the fee to the Child Protection Fund in the county treasury to be administered
by the Presiding Juvenile Judge of Lauderdale County. Any money distributed from the Child
Protection Fund shall be used for the Court Appointed Special Advocate Program and as approved
by the Presiding Juvenile Judge of Lauderdale County. (Act 2003-162, p....
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12-15-213
Section 12-15-213 Children charged with delinquent acts or alleged to be in need of supervision
to be accorded privilege against self-incrimination; admissibility in evidence of extrajudicial
statements of children and evidence illegally seized or obtained; double jeopardy. (a) A child
charged with a delinquent act or who is alleged to be in need of supervision shall be accorded
the rights and privileges afforded by the Constitution of the United States and the Constitution
of Alabama of 1901. (b) An extrajudicial statement which would be constitutionally inadmissible
in a criminal proceeding may not be received in evidence over objection. Evidence illegally
seized or obtained may not be received in evidence over objection to establish the allegations
against the child. An extrajudicial admission or confession made by the child out of court
is insufficient to support a finding that the child committed the acts alleged in the petition
unless it is corroborated by other evidence. (c)...
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12-15-320
Section 12-15-320 Dispositions. (a) Termination of parental rights cases shall be given priority
over other cases. The trial on the petition for termination of parental rights shall be completed
within 90 days after service of process has been perfected. The trial court judge shall enter
a final order within 30 days of the completion of the trial. (b) If the juvenile court determines
that the parents of a child are unwilling or unable to act as parents and terminates their
parental rights, it may do the following: (1) Transfer or continue the permanent legal custody
of the child to the Department of Human Resources or to any public or private licensed child-placing
agency able and willing to assume the care and maintenance of the child. An order of the juvenile
court which terminates parental rights and awards permanent legal custody to the Department
of Human Resources or to a licensed child-placing agency shall mean that the Department of
Human Resources or the licensed child-placing...
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16-28-13
Section 16-28-13 Burden of proof on person in loco parentis. No parent, guardian or other person
having control or charge of any child shall be convicted for failure to have said child enrolled
in school or for failure to send a child to school or for failure to require such child to
regularly attend such school or tutor, or for failure to compel such child to properly conduct
himself as a pupil, if such parent, guardian or other person having control or charge of such
child can establish to the reasonable satisfaction of the court the following: (1) That the
principal teacher in charge of said school which he attends or should attend or the tutor
who instructs or should instruct said child gave permission for the child to be absent; or
(2) That such parent, guardian or other person is unable to provide necessary books and clothes
in order that the child may attend school in compliance with law, and that such parent, guardian
or other person had prior to the opening of the school, or...
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22-6-13
Section 22-6-13 Medicaid benefits for county inmates and certain juveniles. (a) For the purposes
of this section, the following words have the following meanings: (1) COUNTY INMATE. Any person
being held in a public institution under the administrative control and responsibility of
the county sheriff and for whom the county is responsible for the provision of medical care.
The term includes a person in custody while awaiting arraignment or bond, a pretrial detainee,
a convicted person who is awaiting transfer to but has not otherwise become the responsibility
of the Department of Corrections, or a person serving his or her sentence in the county jail.
(2) INPATIENT. This term as defined in 42 C.F.R. ยง 435.1010, as may be amended. (3) JUVENILE.
Any child under the jurisdiction of the juvenile court who is detained in a public institution
and for whom the county is responsible for the provision of medical care pursuant to Section
12-15-108. (4) MEDICAL INSTITUTION. This term as defined...
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44-1-27
Section 44-1-27 Standards for programs and youth detention facilities; licensing and inspection
of youth detention and foster care facilities. (a) The Department of Youth Services shall
establish and promulgate reasonable minimum standards for the construction and operation of
detention facilities, programs for the prevention and correction of youth delinquency, consultation
from local officials, and subsidies to local delinquency projects. The standards shall include,
but not be limited to, reasonable minimum standards for detention facilities, foster care
facilities, group homes, and correctional institutions. (b) No county, city, public or private
agency, group, corporation, partnership, or individual shall establish, maintain, or operate
any detention facility or any foster care facility for youths found delinquent or in need
of supervision by a juvenile court without a license from the department. A license shall
be required on an annual basis or as determined by the department....
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29-2-105
Section 29-2-105 Coordination council - Composition; meetings; duties. (a) The committee shall
convene a council composed of the chair of the committee or his or her designee and the commissioner
or the commissioner's designee of each department of state government that administers services
to children, youth, and their families, including, but not limited to, the Department of Education,
the Department of Human Resources, the Department of Mental Health, the Department of Public
Health, the Medicaid Agency, the Department of Youth Services, the Department of Rehabilitation
Services, one member from the Alabama Association of County Directors of Human Resources appointed
by that organization, one member from the Alabama Residential Child Care Association appointed
by that organization, two members from the Alabama Foster Parent Association appointed by
that organization, one member from the Juvenile Court Judges Association appointed by that
organization, one guardian ad litem...
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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have the
following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE FACILITY.
A person or entity holding a Department of Human Resources license or approval or certification
to provide care, including foster care, for adults. (3) APPLICANT. A person or entity who
submits an application for license as a child care or adult care facility to the Department
of Human Resources or a child placing agency, or an application for employment or for a volunteer
position to a Department of Human Resources licensed child care or adult care facility. With
regard to child care and adult care facilities in a home setting, the term includes an adult
household member whose residence is in the home. The term also includes an individual who
submits an application for a volunteer position or for employment with the Department of Human
Resources in a position in which the person has unsupervised...
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12-15-409
Section 12-15-409 Role of attorney as advocate; designation of facilities. (a) An attorney
representing the state, any county, or municipality or the Department of Youth Services or
the Department of Human Resources or an attorney representing the person or persons filing
a petition to have a minor or child committed may serve as the advocate in support of the
petition to commit in all matters regarding the petition. (b) At the final hearing upon a
petition seeking to commit a minor or child to the custody of the department on the basis
that the minor or child is mentally ill, the juvenile court may grant the petition if clear
and convincing evidence proves all of the following: (1) That the minor or child sought to
be committed is mentally ill. (2) That, as a consequence of the mental illness, the minor
or child poses a real and present threat of substantial harm to himself, herself, or to others.
(3) That the threat of substantial harm has been evidenced by a recent overt act. (4)...
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