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22-50-1
Section 22-50-1 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them by this section: (1) CLIENTS. Those persons identified
as receiving or needing services for an intellectual disability. (2) DEPARTMENT. The Department
of Mental Health. (3) INTELLECTUAL DISABILITY SERVICES. Evaluation for, amelioration of, habilitation
for, prevention of, and research into the causes of intellectual disability. (4) MENTAL HEALTH
SERVICES. Diagnosis of, treatment of, rehabilitation for, follow-up care of, prevention of
and research into the causes of all forms of mental or emotional illness, including, but not
limited to, alcoholism, drug addiction, or epilepsy in combination with mental illness or
an intellectual disability. (5) MENTAL ILLNESS OR SUBSTANCE ABUSE TREATMENT. The application
of professionally planned, managed, administered, or monitored clinical procedures or evidenced-based
interventions to identify, stabilize,...
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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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26-10A-7
Section 26-10A-7 Persons whose consents or relinquishment are required. (a) Consent to the
petitioner's adoption or relinquishment for adoption to the Department of Human Resources
or a licensed child placing agency shall be required of the following: (1) The adoptee, if
14 years of age or older, except where the court finds that the adoptee does not have the
mental capacity to give consent; (2) The adoptee's mother; (3) The adoptee's presumed father,
regardless of paternity, if: a. He and the adoptee's mother are or have been married to each
other and the adoptee was born during the marriage, or within 300 days after the marriage
was terminated by death, annulment, declaration of invalidity, or divorce, or after a decree
of separation was entered by a court; or b. Before the adoptee's birth, he and the adoptee's
mother have attempted to marry each other by a marriage solemnized in apparent compliance
with law, although the attempted marriage is or could be declared invalid, and, 1. If...
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26-16-70
Section 26-16-70 Membership; eligibility. (a) For purposes of this section, the following terms
have the following meanings: (1) FORENSIC INTERVIEW. The same meaning as in Section 12-15-301.
(2) LOCAL LAW ENFORCEMENT AGENCIES. The police department for the municipality and the sheriff's
department for the county in which a child advocacy center is located. (3) MENTAL HEALTH PROFESSIONAL.
An individual holding a master's or higher degree in social work, mental health counseling,
or other social work related or mental health counseling related field of study, and who has
received special training regarding child maltreatment and child trauma. (b) In order to become
eligible for a full membership in the Alabama Network of Children's Advocacy Centers, Incorporated,
child advocacy centers in this state shall: (1) Incorporate as a nonprofit agency under the
requirements of Section 10A-3-1.01 et seq. (2) Utilize a neutral, child-focused facility where
forensic interviews, conducted jointly by...
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22-50-17
Section 22-50-17 Operation of a facility for care or treatment of mental or emotional illness
or substance abuse, or services to persons with an intellectual disability. (a) No person,
partnership, corporation, or association of persons shall operate a facility or institution
for the care or treatment of any kind of mental or emotional illness or substance abuse or
for providing services to persons with an intellectual disability as defined in this chapter,
without being certified by the department or licensed by the State Board of Health; provided
that nothing in this section shall be construed so as to require a duly authorized physician,
psychiatrist, psychologist, social worker, licensed professional counselor operating under
the scope of his or her license, or Christian Science practitioner to obtain a license for
treatment of patients in his private office, unless he keeps two or more patients in his office
for continuous periods of 24 hours or more in one week, or that a church...
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12-15-410
Section 12-15-410 Evidence in commitment proceedings for minor and child with an intellectual
disability. (a) At the final hearing upon a petition seeking to commit a minor or child to
the department on the basis that the minor or child is a person with an intellectual disability,
the juvenile court may grant the petition if clear and convincing evidence proves all of the
following: (1) The minor or child sought to be committed is a person with an intellectual
disability. (2) The minor or child is not mildly retarded, as defined by the department. (3)
The minor or child, if allowed to remain in the community, is likely to cause serious injury
to himself, herself, or others, or that adequate care, rehabilitation, and training opportunities
are available only at a facility provided by the department. (b) Upon these findings, the
juvenile court shall enter an order setting forth the findings, and may order the minor or
child committed to the custody of the department. (c) The commissioner...
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41-10-351
Section 41-10-351 Definitions. The following terms hereafter used in this article shall have
the following respective meanings: (1) AUTHORITY. The public corporation organized pursuant
to the provisions of this article. (2) BONDS. The bonds issued under the provisions of this
article. (3) COMMISSIONER. The Commissioner of Mental Health. (4) DEPARTMENT. The Department
of Mental Health provided for in Chapter 50 of Subtitle 2 of Title 22. (5) DIRECTORS. The
board of directors of the authority. (6) MENTAL HEALTH FACILITIES. Any one or more of the
following: hospitals and other facilities of any kind for treatment and care of the mentally
ill and individuals with an intellectual disability; regional or community-based mental health
centers; regional or community-based facilities for treatment and care of the mentally ill
or individuals with an intellectual disability; regional or community-based centers for the
treatment of alcoholism or drug addiction; and improvements to existing state...
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12-15-209
Section 12-15-209 Children to be released when full-time detention or shelter care not required;
conditions imposed upon release; amendment of conditions or return of child to custody upon
failure to conform to conditions imposed. (a) When the juvenile court finds that full-time
detention or shelter care of a child is not required, the juvenile court shall order the release
of the child, and in so doing, may impose one or more of the following conditions: (1) Place
the child in the custody of a parent, legal guardian, legal custodian, or any other person
whom the juvenile court deems proper, or place the child with a department, agency, or organization
agreeing to supervise the child. (2) Place restrictions on the travel, association, or place
of abode of the child during the period of his or her release, or place the child under electronic
or telephone monitoring, if available. (3) Impose any other condition deemed reasonably necessary
and consistent with the criteria for detaining...
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38-13-4
Section 38-13-4 Mandatory criminal history check notice; suitability determinations; checks
on subsequent activity. (a) Every employer, child care facility, adult care facility, the
Department of Human Resources, and child placing agency required to obtain a criminal history
background information check pursuant to this chapter shall obtain, prior to or upon the date
of employment, or issuance of a license or approval or renewal thereof, and maintain in the
agency or personnel file, a request with written consent for the criminal history background
information check and a statement signed by the applicant, volunteer, or employee indicating
whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions.
The statement shall include a notice and questionnaire the same as or similar to the following:
(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history
background information check be conducted on all persons who hold a...
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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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