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HB334
Rep(s). By Representatives Jones, Shiver, Polizos and Gaston HB334 ENROLLED, An Act, Relating
to grandparent visitation; to establish procedures by which certain grandparents may petition
for visitation with their grandchildren; to provide for the burden of proof of the petitioner;
and to repeal Section 30-3-4.1 of the Code of Alabama 1975. BE IT ENACTED BY THE LEGISLATURE
OF ALABAMA: Section 1. (a) For the purposes of this section, the following words have the
following meanings: (1) GRANDPARENT. The parent of a parent, whether the relationship is created
biologically or by adoption. (2) HARM. A finding by the court, by clear and convincing evidence,
that without court-ordered visitation by the grandparent, the child's emotional, mental, or
physical well-being has been, could reasonably be, or would be jeopardized. (b) A grandparent
may file an original action in a circuit court where his or her grandchild resides or any
other court exercising jurisdiction with respect to the...
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SB55
172743-1:n:01/14/2016:JMH/th LRS2015-3430 SB55 By Senator Allen RFD Judiciary Rd 1 02-FEB-16
SYNOPSIS: Under existing statutory law, grandparents may petition for visitation with their
grandchildren under certain circumstances. The Alabama Supreme Court declared parts of Alabama's
existing grandparent visitation law unconstitutional. This bill would repeal the existing
grandparent visitation law and replace it with a new grandparent visitation law that requires
the petitioning grandparent to prove, by clear and convincing evidence, that the grandparent
has an existing relationship with the grandchild and visitation is in the best interest of
the child. This bill would specify the factors that establish a significant and viable relationship
for the purposes of establishing clear and convincing evidence. This bill would also establish
the criteria and procedures for filing a petition. A BILL TO BE ENTITLED AN ACT Relating to
grandparent visitation; to establish procedures by which...
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HB99
Rep(s). By Representative Johnson (R) HB99 ENROLLED, An Act, To amend Section 26-2A-108 of
the Code of Alabama 1975 and Division 2A, commencing with Section 26-2A-112, is added to Article
2, Chapter 2A of Title 26 of the Code of Alabama 1975; to establish a procedure by which a
relative who has been isolated from a family member who is the subject of a guardianship may
petition for reasonable visitation rights. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section
1. Section 26-2A-108 of the Code of Alabama 1975, is amended to read as follows: §26-2A-108.
"(a) Except as limited pursuant to Section 26-2A-105(c), a guardian of an incapacitated
person is responsible for health, support, education, or maintenance of the ward, but is not
liable to third persons by reason of that responsibility for acts of the ward. In particular
and without qualifying the foregoing, a guardian has the same duties, powers, and responsibilities
as a guardian for a minor as described in Section 26-2A-78(b),...
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SB374
SB374 ENGROSSED By Senators Figures, Waggoner, Allen, Beasley, Ross, Smitherman, Singleton,
Brewbaker, Dunn, Coleman-Madison, Sanders, Stutts, Smith, Williams, Marsh and Ward A BILL
TO BE ENTITLED AN ACT To amend Section 26-2A-108 of the Code of Alabama 1975 and Division
2A, commencing with Section 26-2A-112, is added to Article 2, Chapter 2A of Title 26 of the
Code of Alabama 1975; to establish a procedure by which a relative who has been isolated from
a family member who is the subject of a guardianship may petition for reasonable visitation
rights. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 26-2A-108 of the Code
of Alabama 1975, is amended to read as follows: §26-2A-108. "(a) Except as limited pursuant
to Section 26-2A-105(c), a guardian of an incapacitated person is responsible for health,
support, education, or maintenance of the ward, but is not liable to third persons by reason
of that responsibility for acts of the ward. In particular and without...
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SB167
172944-1:n:01/14/2016:JMH*/cj LRS2016-80 SB167 By Senators Figures and Waggoner RFD Education
and Youth Affairs Rd 1 09-FEB-16 SYNOPSIS: Existing law does not specifically authorize an
adult child to petition for visitation with a parent or dependent adult. Existing law provides
that the conservator or guardian, or both, of a dependent adult who is the subject of a conservatorship,
also known as a conservatee, is responsible for the care, custody, control, and education
of the conservatee, unless the court expressly limits those powers. This bill would specify
that a spouse's, conservator's, or guardian's control of a conservatee does not extend to
the right to refuse visitors, telephone calls, and other correspondence from an adult child
or relative of a first degree who is not the conservator or a guardian, unless these rights
are expressly limited by court order. This bill would establish a procedure by which an adult
child or relative of the first degree may petition for visitation...
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SB95
SB95 By Senator Brewbaker ENROLLED, An Act, Relating to foster care and kinship guardianship;
to amend Sections 12-15-301, 12-15-314, 12-15-315, 38-12-32, 38-12-35, 38-12-36, 38-12-37,
38-12-38, and 38-12-40 of the Code of Alabama 1975, to provide for the appointment of successor
guardianships when a kinship guardian dies or is incapacitated; to require the juvenile court
to consider services needed to assist a child to make the transition from foster care to independent
living at the age of 14 instead of age 16; and to define age or developmentally appropriate
childhood activities and reasonable and prudent parent standard for caregivers of children
in foster care; and to provide that the reasonable and prudent parent standard would apply
for purposes of caregiver liability. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1.
Sections 12-15-301, 12-15-314, 12-15-315, 38-12-32, 38-12-35, 38-12-36, 38-12-37, 38-12-38,
and 38-12-40 of the Code of Alabama 1975, are amended to read as...
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HB131
173098-2:n:02/01/2016:FC/mfc LRS2016-124R1 HB131 By Representative Hill (J) RFD Judiciary Rd
1 09-FEB-16 SYNOPSIS: Under existing law, a child who is placed for care may be placed with
a kinship guardian. This bill would provide for a successor guardian to be named in a kinship
guardian agreement in the event the kinship guardian dies or becomes incapacitated. Under
existing law, a standard is not provided for a foster parent or a designated institutional
caregiver of a foster child to authorize a child to participate in age or developmentally
appropriate activities. This bill would define age or developmentally appropriate for the
purposes of childhood activities and specify a reasonable and prudent parent standard for
a caregiver to allow a child to participate in activities and would provide the standard would
apply for purposes of caregiver liability. The bill would also require the juvenile court
to consider services for a child at age 14 or over, instead of age 16 or over,...
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SB2
169821-1:n:05/21/2015:FC/tj LRS2015-2118 SB2 By Senator Bussman RFD Health and Human Services
Rd 1 02-FEB-16 SYNOPSIS: Under existing law, after a child has been placed in the legal custody
of the Department of Human Resources, the department may request the court to appoint a kinship
guardian to care for the child. This bill would specify that the department would not be required
to consider a relative of the child who resides outside of this state for appointment if the
relative has not notified the department within six months after the child has been placed
in the legal custody of the department that the person desires to be considered for appointment
as a kinship guardian. A BILL TO BE ENTITLED AN ACT Relating the Department of Human Resources;
to amend Section 12-15-314 of the Code of Alabama 1975, relating to written requests of the
department for the appointment of kinship guardians; to specify that the department would
not be required to consider a relative of the child who...
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SB368
SB368 SYNOPSIS: This bill would provide for the issuance of temporary and permanent protection
orders against sexual assault, stalking, and human trafficking (a STOP order). This bill would
establish procedures for petitioning for the issuance of temporary and permanent STOP orders,
would provide for notice and hearings on the petition, would set forth evidentiary standards,
and would provide for the modification of STOP orders under certain conditions. This bill
would also provide criminal penalties for the violation of STOP orders and would authorize
a law enforcement officer to arrest a STOP order violator without a warrant under certain
conditions. Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section
111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits
a general law whose purpose or effect would be to require a new or increased expenditure of
local funds from becoming effective with regard to a local...
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HB238
Rep(s). By Representative Collins HB238 ENROLLED, An Act, Relating to children; to add Section
13A-6-82.1, to the Code of Alabama 1975, to create the crime of a school employee transmitting
obscene material to a student; to amend 13A-6-80, 13A-6-81, 13A-6-82, Code of Alabama 1975,
relating to sexual conduct by school employees, to further provide for the crimes of sexual
contact or soliciting a sex act with a student; to amend Section 15-25-31, Code of Alabama
1975, to provide for the admissibility of certain out-of-court statements by children under
the age of 12 years in certain child abuse and neglect criminal proceedings; to amend Section
26-14-3, Code of Alabama 1975, to reference a specific definition of child abuse and neglect
in mandatory child abuse and neglect reporting provisions; to amend Section 38-7-2, Code of
Alabama 1975, to revise the definition of day care center; to add Section 38-7-20 to the Code
of Alabama 1975, to authorize an individual under 19 years of age with...
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