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12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
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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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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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-7-2.htm - 8K - Match Info - Similar pages
38-7-3
Section 38-7-3 License to operate or conduct child-care facility - Requirements; recordkeeping;
parental notifications, etc.; affidavits; inspections and investigations. (a) No person, group
of persons, or corporation may operate or conduct any facility for child care, as defined
in this chapter, without being licensed or approved as provided in this chapter. (b)(1) Except
as provided in subdivision (2), the licensure requirements of this chapter do not apply to
a child-care facility that is operating as an integral part of a local church ministry or
a religious nonprofit school, and is so recognized in the church or school's documents, whether
operated separately or as a part of a religious nonprofit school unit, secondary school unit,
or institution of higher learning under the governing board or authority of the local church
or its convention, association, or regional body to which it may be subject. (2) A child-care
facility that receives state or federal funds or is operating for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-7-3.htm - 8K - Match Info - Similar pages
26-10A-10
Section 26-10A-10 Persons whose consents or relinquishments are not required. Notwithstanding
the provisions of Section 26-10A-7, the consent or relinquishment of the following persons
shall not be required for an adoption: (1) A parent whose rights with reference to the adoptee
have been terminated by operation of law in accordance with the Alabama Child Protection Act,
Sections 26-18-1 through 26-18-10; (2) A parent who has been adjudged incompetent pursuant
to law or a parent whom the court finds to be mentally incapable of consenting or relinquishing
and whose mental disability is likely to continue for so long a period that it would be detrimental
to the adoptee to delay adoption until restoration of the parent's competency or capacity.
The court must appoint independent counsel or a guardian ad litem for an incompetent parent
for whom there has been no such prior appointment; (3) A parent who has relinquished his or
her minor child to the Department of Human Resources or a...
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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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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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12-15-310
Section 12-15-310 Conduct of adjudicatory hearings. (a) An adjudicatory hearing is a hearing
at which evidence is presented for a juvenile court to determine if a child is dependent.
At the commencement of the hearing, if the parties are not represented by counsel, they shall
be informed of the specific allegations in the petition. The parties shall be permitted to
admit or deny the allegations prior to the taking of testimony. (b) If the allegations are
denied by the parties or if they fail to respond, the juvenile court shall proceed to hear
evidence on the petition. The juvenile court shall record its findings on whether the child
is dependent. If the juvenile court finds that the allegations in the petition have not been
proven by clear and convincing evidence, the juvenile court shall dismiss the petition. (c)
A statement made by a child under the age of 12 describing any act of child abuse committed
against the child, if it is not otherwise admissible by statute or court rule, is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-310.htm - 2K - Match Info - Similar pages
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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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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