Code of Alabama

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26-14-3
Section 26-14-3 Mandatory reporting. (a) All hospitals, clinics, sanitariums, doctors, physicians,
surgeons, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors,
podiatrists, physical therapists, nurses, public and private K-12 employees, school teachers
and officials, peace officers, law enforcement officials, pharmacists, social workers, day
care workers or employees, mental health professionals, employees of public and private institutions
of postsecondary and higher education, members of the clergy as defined in Rule 505 of the
Alabama Rules of Evidence, or any other person called upon to render aid or medical assistance
to any child, when the child is known or suspected to be a victim of child abuse or neglect,
shall be required to report orally, either by telephone or direct communication immediately,
and shall be followed by a written report, to a duly constituted authority. (b)(1) When an
initial report is made to a law enforcement official, the...
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26-14-6.1
Section 26-14-6.1 Duties and responsibilities for investigation of reports. The duty and responsibility
for the investigation of reports of suspected child abuse or neglect shall be as follows:
(1) Reports of suspected child abuse or neglect involving disciplinary or corporal punishment
committed in a public or private school or kindergarten shall be investigated by law enforcement
agencies. (2) Reports of suspected child abuse or neglect committed in a state-operated child
residential facility shall be investigated by law enforcement agencies. (3) All other reports
of suspected child abuse and neglect shall be investigated by the Department of Human Resources.
(Acts 1993, 1st Ex. Sess., No. 93-890, p. 162, ยง1.)...
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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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26-14-8
Section 26-14-8 Statewide central registry. (a) For the purposes of this section, the following
words shall have the following meanings, respectively: (1) INDICATED. When credible evidence
and professional judgment substantiates that an alleged perpetrator is responsible for child
abuse or neglect. (2) NOT INDICATED. When credible evidence and professional judgment does
not substantiate that an alleged perpetrator is responsible for child abuse or neglect. (b)
The Department of Human Resources shall establish a statewide central registry for reports
of child abuse and neglect made pursuant to this chapter. The central registry shall contain,
but shall not be limited to: (1) All information in the written report; (2) Record of the
final disposition of the report, including services offered and services accepted; (3) The
names and identifying data, dates, and circumstances of any persons requesting or receiving
information from the registry; provided, however, that requests for...
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26-14-7
Section 26-14-7 Duties of Department of Human Resources. (a) The State or County Department
of Human Resources shall make a thorough investigation promptly upon either the oral or written
report. The primary purpose of such an investigation shall be the protection of the child.
(b) The investigation, to the extent that is reasonably possible, shall include: (1) The nature,
extent and cause of the child abuse or neglect; (2) The identity of the person responsible
therefor; (3) The names and conditions of other children in the home; (4) An evaluation of
the parents or person responsible for the care of the child; (5) The home environment and
the relationship of the child or children to the parents or other persons responsible for
their care; and (6) All other data deemed pertinent. (c) The investigation may include a visit
to the child's home, an interview with the subject child, and may include a physical, psychological,
or psychiatric examination of any child or children in that home....
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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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16-40-9
Section 16-40-9 Instruction for avoiding child sexual abuse. (a)(1) The Legislature recognizes
that Erin Merryn was raped and molested for six and a half years by a neighbor and a family
member. She began a crusade her senior year of high school in 2004 to end the silence and
shame around sexual abuse. Erin's Law has been adopted in a number of states to help address
the problem of child sexual abuse. (2) The intent of Erin's Law is to shatter the silence
and stigma around child sexual abuse, and to educate children and empower them to recognize
and to report abuse. (3) The Legislature finds that without a specific initiative like Erin's
Law, schools generally fail to give young students adequate awareness and a voice in this
issue. (b) The Governor's Task Force on Prevention of Sexual Abuse of Children created under
subsection (c) shall adopt guidelines for a child sexual abuse prevention instructional program.
The guidelines shall: (1) Educate children in grades pre-kindergarten...
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38-15-4
Section 38-15-4 Registration of certain youth residential institutions or organizations; staff
training plans; rights of children; licensing and inspection of food preparation areas; access
by law enforcement agencies. (a) Commencing on January 1, 2018, the department shall register
any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated
youth residential facility, youth social rehabilitation facility, community treatment facility
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section, whenever children are housed at the facility or location of the program for
a period of more than 24 hours. At a minimum, registered youth residential institution or
organization under this section shall do all of the following: (1) Be...
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41-15B-2.2
Section 41-15B-2.2 Allocation of trust fund revenues. (a) For each fiscal year, beginning October
1, 1999, contingent upon the Children First Trust Fund receiving tobacco revenues and upon
appropriation by the Legislature, an amount of up to and including two hundred twenty-five
thousand dollars ($225,000), or equivalent percentage of the total fund, shall be designated
for the administration of the fund by the council and the Commissioner of Children's Affairs.
(b) For the each fiscal year, beginning October 1, 1999, contingent upon the Children First
Trust Fund receiving tobacco revenues, the remainder of the Children First Trust Fund, in
the amounts provided for in Section 41-15B-2.1, shall be allocated as follows: (1) Ten percent
of the fund shall be allocated to the Department of Public Health for distribution to one
or more of the following: a. The Children's Health Insurance Program. b. Programs for tobacco
control among children with the purpose being to reduce the consumption...
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26-16-3
Section 26-16-3 Child Abuse and Neglect Prevention Board - Board created; department created;
director; staff. (a) The State Child Abuse and Neglect Prevention Board is created as an autonomous
agency of the state government. (b) There is created the Department of Child Abuse and Neglect
Prevention which shall operate under the State Child Abuse and Neglect Prevention Board and
consist of a director and such other employees of the department. (c) There shall be a director
of the department appointed by the Governor from a list of candidates submitted under Section
26-16-6(a)(2). The director shall not be a member of the state classified civil service. The
director shall be compensated by a salary payable out of the State Treasury at the times and
in the manner that the salary of other state officials is paid. The exact amount of the director's
salary shall be set by the board. (d) The director shall hire all staff required to exercise
the powers and carry out the duties of the...
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