ALABAMA STATE LAWS / STATUTES
http://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateStatutes.processSearch
Child Abuse and Neglect
Child Witnesses to Domestic Violence
To better understand this issue and to view it across States, see the Child Witnesses to Domestic Violence: Summary of State Laws (PDF - 222 KB) publication.
Circumstances That Constitute Witnessing
This issue is not addressed in the statutes reviewed.
Consequences
This issue is not addressed in the statutes reviewed.
(Back to Top)
Clergy as Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Clergy as Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 287 KB) publication.
Citation: Ala. Code § 26-14-3(a), (f) (LexisNexis through 2007 Reg. Sess.)
Members of the clergy as defined in Rule 505 of the Alabama Rules of Evidence,…when the child is known or suspected to be a victim of child abuse or neglect, shall be required to report, or cause a report to be made of the same, orally, either by telephone or direct communication immediately, followed by a written report, to a duly constituted authority.
A member of the clergy shall not be required to report information gained solely in a confidential communication privileged pursuant to Rule 505 of the Alabama Rules of Evidence, as such communications shall continue to be privileged as provided by law.
(Back to Top)
Cross-Reporting Among Responders to Child Abuse and Neglect
To better understand this issue and to view it across States, see the Cross-Reporting Among Responders to Child Abuse and Neglect: Summary of State Laws (PDF - 267 KB) publication.
Ala. Code § 26-14-7(d) (LexisNexis through 2007 Sess.)
The county Department of Human Resources shall make a complete written report of the investigation, together with its recommendations. Such reports may be made available to the appropriate court, the district attorney, and the appropriate law enforcement agency upon request.
Ala. Code § 26-14-3(b)-(d) (LexisNexis through 2007 Sess.)
When an initial report is made to a law enforcement official, the official subsequently shall inform the Department of Human Resources of the report, so the department can carry out its responsibility to provide protective services, when deemed appropriate to the respective child or children.
When the Department of Human Resources receives initial reports of suspected abuse or neglect involving discipline or corporal punishment committed in a public or private school or suspected abuse or neglect in a State-operated child residential facility, the Department of Human Resources shall transmit a copy of school reports to the law enforcement agency, and residential facility reports to the operating State agency, which shall conduct the investigation.
Nothing in this chapter shall preclude interagency agreements between Departments of Human Resources, law enforcement, and other State agencies on procedures for investigating reports of suspected child abuse and neglect to provide for Departments of Human Resources to assist law enforcement and other State agencies in these investigations.
(Back to Top)
Definitions of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws (PDF - 442 KB) publication.
Physical Abuse
Citation: Ala. Code § 26-14-1(1)-(3)
Abuse means harm or threatened harm to the health or welfare of a child through:
* Nonaccidental physical injury
* Sexual abuse or attempted sexual abuse
* Sexual exploitation or attempted sexual exploitation
Neglect
Citation: Ala. Code § 26-14-1(1)-(3)
Neglect means negligent treatment or maltreatment of a child, including the failure to provide adequate food, clothing, shelter, medical treatment, or supervision.
Sexual Abuse
Citation: Ala. Code § 26-14-1(1)-(3)
Sexual abuse includes:
* The employment, use, persuasion, inducement, enticement, or coercion of any child to engage in or having a child assist any other person to engage in any sexually explicit conduct
* Any simulation of the conduct for the purpose of producing any visual depiction of the conduct
* The rape, molestation, prostitution, or other form of sexual exploitation of children
* Incest with children
Sexual exploitation includes:
* Allowing, permitting, or encouraging a child to engage in prostitution
* Allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child for commercial purposes
Emotional Abuse
Citation: Ala. Code § 26-14-1(1)-(3)
Abuse includes nonaccidental mental injury.
Abandonment
This issue is not addressed in the statutes reviewed.
Standards for Reporting
Citation: Ala. Code § 26-14-1(1)-(3)
A report is required when circumstances indicate harm or threatened harm to a child's health or welfare.
Persons Responsible for the Child
Citation: Ala. Code § 26-14-7.2
Responsible persons include the child's parent or legal guardian.
Exceptions
Citation: Ala. Code § 26-14-7.2
A parent who fails to provide medical treatment to a child due to the legitimate practice of religious beliefs shall not be considered negligent for that reason alone. This exception shall not preclude a court from ordering that medical services be provided to the child.
(Back to Top)
Definitions of Domestic Violence
To better understand this issue and to view it across States, see the Definitions of Domestic Violence: Summary of State Laws (PDF - 639 KB) publication.
Defined in Domestic Violence Civil Laws
Citation: Ala. Code § 30-5-2
In this chapter [concerning the issuance of civil protection orders], the following words shall have the following meanings unless the context clearly indicates otherwise:
* ''Abuse'' means the occurrence of one or more of the following acts, attempts, or threats between family or household members:
o Assault, as defined under §§ 13A-6-20 to 13A-6-22
o Attempt, which means the intent to commit any crime under this section or any other criminal act under the laws of this State or performing any overt act towards the commission of the offense
o Child abuse, as defined under § 12-15-301
o Criminal coercion, as defined under § 13A-6-25
o Harassment, as defined under § 13A-11-8
o Kidnapping, as defined under §§ 13A-6-43 and 13A-6-44
o Menacing, as defined under § 13A-6-23
o Reckless endangerment, as defined under § 13A-6-24
o Sexual abuse, including any sex offenses included in title 13A, chapter 6, article 4
o Stalking, as defined under §§ 13A-6-90 to 13A-6-94
o Theft, which means knowingly obtaining or exerting unauthorized control or obtaining control by deception over property owned by or jointly owned by the plaintiff and another
o Trespass, which means entering or remaining in the dwelling or on the premises of another after having been warned not to do so either orally or in writing by the owner of the premises or other authorized person
o Unlawful imprisonment, as defined under §§ 13A-6-41 and 13A-6-42
Defined in Child Abuse Reporting and Child Protection Laws
Citation:
This issue is not addressed in the statutes reviewed.
Defined in Criminal Laws
Citation: Ala. Code §§ 15-10-3; 13A-11-8
''Domestic violence'' means any incident resulting in the abuse, assault, harassment, or the attempt or threats thereof, between family, household, or dating or engagement relationship members.
''Harassment'' means any offense under § 13A-11-8.
A person commits the crime of harassment if, with intent to harass, annoy, or alarm another person, he or she either:
* Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to physical contact
* Directs abusive or obscene language or makes an obscene gesture towards another person
For purposes of this section, harassment shall include a threat, verbal or nonverbal, made with the intent to carry out the threat, that would cause a reasonable person who is the target of the threat to fear for his or her safety.
A person commits the crime of ''harassing communications'' if, with intent to harass or alarm another person, he or she does any of the following:
* Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written or electronic communication, in a manner likely to harass or cause alarm
* Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication
* Telephones another person and addresses to or about such other person any lewd or obscene words or language
Persons Included in the Definition
Citation: Ala. Code §§ 15-10-3; 30-5-2
[In criminal law] ''Family, household, or dating or engagement relationship members'' includes a spouse, former spouse, parent, child, or any other person related by marriage or common law marriage, a person with whom the victim has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship.
[In civil law] ''Family or household members'' includes a spouse, former spouse, parent, child, or any other person related within the sixth degree consanguinity or affinity or common law marriage, a person with whom the plaintiff has a child in common, or a present or former household member.
(Back to Top)
Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 574 KB) publication.
Confidentiality of Records
Citation: Ann. Code § 26-14-8
The reports and records of child abuse and neglect and related information or testimony shall be confidential, and shall not be used or disclosed for any purposes other than specified in statute.
Persons or Entities Allowed Access to Records
Ann. Code § 26-14-8
Disclosure of child abuse reports or records shall be limited to:
* Police or other law enforcement agency for investigation of child abuse or neglect
* A grand jury when it is necessary in the conduct of its official business
* A court when it is necessary for the determination of an issue before it
* Any person engaged in bona fide research
* Any person authorized by a court to act as a representative for an abused or neglected child who is the subject of a report
* A physician who reasonably suspects that a child may be abused or neglected
* An attorney or guardian ad litem in representing or defending a child or the child’s parents or guardians in a court proceeding related to abuse or neglect of the child
* Federal, State, or local governmental entities, or social service agencies of another State having a need for the information in order to carry out their responsibilities
* Child abuse citizen review, quality assurance, or multidisciplinary review panels
* Child fatality review panels
When Public Disclosure of Records is Allowed
Citation: Ann. Code § 26-14-8
Public disclosure of the findings or information about the case of child abuse or neglect [is permitted when the case] has resulted in a child fatality or near fatality. Information identifying by name persons other than the victim shall not be disclosed.
Use of Records for Employment Screening
Citation: Ann. Code § 26-14-8
Reports or records in cases determined to be ''not indicated'' shall not be used or disclosed for purposes of employment or other background checks.
The names of persons or information in the investigative report placed on the State's central registry may be made available to the alleged perpetrator's employer, prospective employer, or others when the Department of Human Resources or the investigative hearing officer has determined child abuse or neglect to be indicated.
(Back to Top)
Establishment and Maintenance of Central Registries for Child Abuse Reports
To better understand this issue and to view it across States, see the Establishment and Maintenance of Central Registries for Child Abuse Reports: Summary of State Laws (PDF - 310 KB) publication.
Establishment
Citation: Ala. Code § 26-14-8
The Department of Human Resources shall establish a statewide central registry.
Purpose
Citation: Ala. Code § 26-14-8
The purpose of the central registry is to:
* Contain reports of child abuse and neglect
* Prevent or to discover abuse or neglect of children through the information contained therein
Reports or records in cases determined to be ''not indicated'' shall not be used or disclosed for purposes of employment or other background checks.
Contents
Citation: Ala. Code § 26-14-8
The central registry shall contain:
* All information in any written reports
* The record of the final disposition of the report, including services offered and services accepted
* The plan for rehabilitative treatment
* The names of persons requesting information from the registry
Maintenance
Citation: Ala. Code § 26-14-8
Requests for information where no report exists may be destroyed 3 years from the date of the request.
(Back to Top)
Immunity for Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB) publication.
Citation: Ala. Code § 26-14-9 (LexisNexis through 2008 1st Spec. Sess.)
Statute:
Any person, firm, corporation or official, including members of a multidisciplinary child protection team, quality assurance team, child death review team, or other authorized case review team or panel, by whatever designation, participating in making a good faith report in an investigation or case review authorized under this chapter or other law or department practice or in the removal of a child pursuant to this chapter or participating in a judicial proceeding resulting therefrom, shall, in so doing, be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
(Back to Top)
Making and Screening Reports of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Making and Screening Reports of Child Abuse and Neglect: Summary of State Laws (PDF - 619 KB) publication.
Reporting Procedures
Individual Responsibility
Citation: Ala. Code § 26-14-3
All mandated reporters are required to immediately make an oral report when they know or suspect that a child is a victim of child abuse or neglect. The oral report shall be followed by a written report.
Content of Reports
Citation: Ala. Code § 26-14-5
The report shall contain, if known:
* The name and location of the child
* The names and addresses of the child's parents or caregivers
* The nature and extent of the child's injuries
* Any evidence of previous injuries
* Any other information that might establish the cause of the child's injuries
* The identity of the person alleged to be responsible for the child's injuries
Special Reporting Procedures
Suspicious Deaths
Not addressed in statutes reviewed.
Substance-Exposed Infants
Not addressed in statutes reviewed.
Screening Reports
Citation: Ala. Code §§ 26-14-6.1; 26-14-7; Ala. Admin. Code Ch. 660, §§ 5-34.03; 5-34.04; 5-34.05; 5-34.10
The duty and responsibility for the investigation of reports of suspected child abuse or neglect shall be as follows:
* 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.
* Reports of suspected child abuse or neglect committed in a State-operated child residential facility shall be investigated by law enforcement agencies.
* All other reports of suspected child abuse and neglect shall be investigated by the Department of Human Resources.
The department 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. The investigation, to the extent that is reasonably possible, shall include:
* The nature, extent and cause of the child abuse or neglect
* The identity of the responsible person
* The names and conditions of other children in the home
* An evaluation of the parents or person responsible for the care of the child
* The home environment and the relationship of the child or children to the parents or other persons responsible for their care
* All other data deemed pertinent
The county Department of Human Resources shall make a complete written report of the investigation, together with its recommendations.
In regulation:
Reports of child abuse or neglect are received by a duly constituted authority that may include a chief of police, sheriff, the department, or any person, organization, or agency authorized and designated by the department to receive such reports. Once a report has been received, it must be investigated, and the investigation is known by DHR as the child abuse/neglect initial assessment.
(Back to Top)
Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 633 KB) publication.
Professionals Required to Report
Citation: Ala. Code § 26-14-3
The following persons are required to report:
* Doctors, medical examiners, dentists, nurses, or pharmacists
* School teachers or officials
* Law enforcement officials
* Daycare workers or social workers
* Members of the clergy
* Any other person called upon to render aid or medical assistance to a child
Reporting by Other Persons
Citation: Ala. Code § 26-14-4
Any other person who has reasonable cause to suspect that a child is being abused or neglected may report.
Standards for Making a Report
Citation: Ala. Code § 26-14-3
A report must be made when the child is known or suspected of being a victim of abuse or neglect.
Privileged Communications
Citation: Ala. Code §§ 26-14-3; 26-14-10
Only the clergy-penitent and attorney-client privileges are permitted.
Inclusion of Reporter's Name in Report
Not addressed in statutes reviewed.
Disclosure of Reporter Identity
Citation: Ala. Code § 26-14-8
The department will not release the identity of the reporter except under court order when the court has determined that the reporter knowingly made a false report.
(Back to Top)
Parental Drug Use As Child Abuse
To better understand this issue and to view it across States, see the Parental Drug Use As Child Abuse: Summary of State Laws (PDF - 324 KB) publication.
Citation: Ala. Code § 13A-12-218 (LexisNexis through 2009 Reg. Sess.)
Statute Text:
A person commits the crime of unlawful manufacture of a controlled substance in the first degree if he or she manufactures a controlled substance enumerated in Schedules I to V, inclusive, or possesses precursor substances in any amount with the intent to unlawfully manufacture a controlled substance, and two or more of the following conditions occurred in conjunction with that violation:
* Possession of a firearm
* Use of a booby trap
* The illegal possession, transportation, or disposal of hazardous or dangerous materials, or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, created a substantial risk to human health or safety or a danger to the environment
* A clandestine laboratory operation that was to take place or did take place within 500 feet of a residence, place of business, church, or school
* A clandestine laboratory operation that actually produced any amount of a specified controlled substance
* A clandestine laboratory operation for the production of controlled substances listed in Schedule I or Schedule II
* The presence of a person under age 17 during the manufacturing process
Unlawful manufacture of a controlled substance in the first degree is a Class A felony.
Schedules I to V controlled substances include opiates, opiate derivatives, hallucinogens, stimulants, depressants, and narcotics, as listed in §§ 20-2-23, 20-2-25, 20-2-27, 20-2-29, and 20-2-31.
(Back to Top)
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws (PDF - 166 KB) publication.
Failure to Report
Ala. Code § 26-14-13
Any person who knowingly fails to make the report required by the reporting laws shall be guilty of a misdemeanor and shall be punished by a sentence of not more than 6 months imprisonment or a fine of not more than $500.
False Reporting
Ala. Code § 13A-10-9
A person commits the crime of false reporting to law enforcement authorities if he knowingly makes a false report or causes the transmission of a false report to law enforcement authorities of a crime or relating to a crime.
False reporting to law enforcement authorities is a Class A misdemeanor.
(Back to Top)
Representation of Children in Child Abuse and Neglect Proceedings
To better understand this issue and to view it across States, see the Representation of Children in Child Abuse and Neglect Proceedings: Summary of State Laws (PDF - 598 KB) publication.
Making The Appointment
Citation: Ann. Code §§ 26-14-11; 12-15-304
In every case involving an abused or neglected child that results in a judicial proceeding, an attorney shall be appointed to represent the child. Such attorney will represent the rights, interests, welfare, and well-being of the child, and serve as guardian ad litem (GAL) for that child.
Effective January 1, 2009: In all dependency and termination of parental rights proceedings, the juvenile court shall appoint a GAL for a child who is a party to the proceedings and whose primary responsibility shall be to protect the best interests of the child.
The Use of Court-Appointed Special Advocates (CASAs)
Citation: Ann. Code § 12-15-304
Nothing in this section shall prohibit the juvenile court from appointing trained volunteers in addition to GALs in promoting the best interests of the child.
Qualifications/Training
Citation: Ann. Code § 12-15-304
Before being appointed by the juvenile court, every GAL appointed in juvenile dependency or termination of parental rights cases shall receive training appropriate to their role.
Specific Duties
Citation: Ann. Code § 12-15-304
The duties of the GAL include, but shall not be limited to, the following:
* Irrespective of the age of the child, meet with the child prior to juvenile court hearings and when apprised of emergencies or significant events impacting the child
* Explain, in terms understandable to the child, what is expected to happen before, during, and after each juvenile court hearing
* Conduct a thorough and independent investigation.
* Advocate for appropriate services for the child and the family
* Attend all juvenile court hearings scheduled by the juvenile court and file all necessary pleadings to facilitate the best interests of the child
How the Representative Is Compensated
Citation:
This issue is not addressed in the statutes reviewed.
(Back to Top)
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 502 KB) publication.
Right of the Reported Person to Review and Challenge Records
Not addressed in statutes reviewed.
When Records Must Be Expunged
Ala. Code § 26-14-8
In the case of any child abuse or neglect investigation that is determined to be ''not indicated,'' the alleged perpetrator may request after 5 years from the completion of the investigation that his or her name be expunged from the central registry. As long as the Department of Human Resources has received no further reports concerning the alleged perpetrator during the 5 years since the completion of the investigation, the department shall expunge the name at that time.
(Back to Top)
Child Welfare
Case Planning for Families Involved With Child Welfare Agencies
To better understand this issue and to view it across States, see the Case Planning for Families Involved With Child Welfare Agencies: Summary of State Laws (PDF - 696 KB) publication.
When Case Plans Are Required
Citation: Ala. Admin. Code r. 660-5-28-.06
[Note: This issue is not addressed in the statutes reviewed. The information below is from the Alabama Administrative Code.]
* A written case plan must be developed for the child within 30 days from the time of placement.
* For children in foster care or related care less than 30 days, this case plan requirement is waived. A brief case plan statement will suffice.
Who May Participate in the Case Planning Process
Citation: Ala. Admin. Code r. 660-5-28-.06
[Note: This issue is not addressed in the statutes reviewed. The information below is from the Alabama Administrative Code.]
* The parents or other relatives
* The child if of appropriate age
Contents of a Case Plan
Ala. Admin. Code r. 660-5-28-.06
[Note: This issue is not addressed in the statutes reviewed. The information below is from the Alabama Administrative Code.]
The case plan must include the following:
* A description of the type of home or child care facility in which the child is to be, or has been, placed
* Justification of the appropriateness of the placement as to whether it is:
o In the least restrictive, familylike setting available, with relative placement to be given first consideration, after which foster family care, group home care, and institutional care are to be considered, in that order
o In close proximity to the parent's or family home
o Consistent with the best interests and special needs of the child
* An analysis of the circumstances that necessitate the child's placement, together with a statement of:
o What efforts were made and what services were provided to prevent the child's placement
o What conditions in the child's own home need improving before the child can be returned
o What services are to be provided to improve these conditions
* A statement of the plan for assuring that the child receives proper care while in placement that encompasses:
o Placement in a duly licensed facility or approved home, together with appropriate supervision
o Services to the providers to facilitate and support the child's adjustment in placement
o Services to the child to address his or her needs and a discussion of the appropriateness of the services provided
o A statement of the transitional independent living plan based upon an assessment of the needs of each child age 16 or older
* A statement of the child's permanent plan, developed in conjunction with the child's family and the child, as appropriate
* A description of the extent to which the parents or other relatives, and the child if of appropriate age, participated in the development of the permanent plan for the child
* A statement of the requirements of the court or the recommendations of the administrative review panel, in connection with the required 6 month case review, and how the department will meet those requirements and recommendations
* An estimated date by which a decision will be made to return the child to the parents or seek an alternative permanent placement
* A summary of what efforts will be or have been made and what services will be or have been provided to reunify the child with his or her family
* The health and education records of the child, to the extent available and accessible
(Back to Top)
Concurrent Planning for Permanency for Children
To better understand this issue and to view it across States, see the Concurrent Planning for Permanency for Children: Summary of State Laws (PDF - 200 KB) publication.
Citation: Ala. Code § 12-15-65(n) (LexisNexis through 2007 Reg. Sess.)
Statute Text:
Reasonable efforts to place a child for adoption or with a legal guardian or custodian may be made concurrently with other reasonable efforts.
(Back to Top)
Court Hearings for the Permanent Placement of Children
To better understand this issue and to view it across States, see the Court Hearings for the Permanent Placement of Children: Summary of State Laws (PDF - 528 KB) publication.
Schedule of Hearings
Citation: Ala. Code §§ 12-15-312; 12-15-315
Effective January 1, 2009
If reasonable efforts are not made with respect to a child as a result of a determination made by a juvenile court, a permanency hearing shall be held for the child within 30 days after the determination.
Within 12 months of the date a child is removed from the home and placed in out-of-home care, and no less frequently than every 12 months thereafter during the continuation of the child in out-of-home care, the juvenile court shall hold a permanency hearing.
Persons Entitled to Attend Hearings
Citation: Ala. Code § 12-15-307
Effective January 1, 2009
Relative caregivers, preadoptive parents, and foster parents of a child in foster care under the responsibility of the State shall be given notice, verbally or in writing, of the date, time, and place of any juvenile court proceeding being held with respect to a child in their care. Foster parents, preadoptive parents, and relative caregivers of a child in foster care have a right to be heard in any juvenile court proceeding being held with respect to a child in their care. No foster parent, preadoptive parent, or relative caregiver of a child in foster care shall be made a party to a juvenile court proceeding solely on the basis of this notice and right to be heard pursuant to this section.
Determinations Made at Hearings
Citation: Ala. Code § 12-15-315
Effective January 1, 2009
At the permanency hearing, the Department of Human Resources shall present to the juvenile court a permanent plan for the child. If a permanent plan is not presented to the court at this hearing, there shall be a rebuttable presumption that the child should be returned home. In the case of a child who will not be returned home, at the permanency hearing the court shall consider in-State and out-of-State placement options.
If the court determines the permanent plan shall be placement in another planned permanent living arrangement, the department must document a compelling reason for determining that it would not be in the best interests of the child to return home, be placed for adoption, be permanently placed with a relative, or be placed in adult custodial care. If the child has been placed in foster care outside the State of Alabama, at the permanency hearing the court shall determine whether the out-of-State placement continues to be appropriate and in the best interests of the child.
In the case of a child who has attained age 16, the court shall consider the services needed to assist the child to make the transition from foster care to independent living. In any permanency hearing held with respect to the child, including any hearing regarding the transition of the child from foster care to independent living, the juvenile court shall consult, in an age-appropriate manner, with the child regarding the proposed permanency or transition plan for the child.
Permanency plans may be concurrent and the department may make reasonable efforts concurrently toward multiple permanency goals. The permanency hearing order of the court shall address whether the department has made reasonable efforts to finalize any existing permanency plan for the child.
Permanency Options
Citation: Ala. Code § 12-15-315
Effective January 1, 2009
The purpose of the permanency hearing shall be to determine the permanency plan for the child that may include whether, and, if applicable, when, the child shall be:
* Returned home on a specific date
* Placed for adoption with no identified resource or with the current foster parent wherein the Department of Human Resources shall file a petition for termination of parental rights
* Permanently placed with a relative with a transfer of legal and physical custody to the relative or with a transfer of physical custody to the relative but with the department retaining legal custody
* Placed in adult custodial care
* Placed in another planned permanent living arrangement
(Back to Top)
Criminal Background Checks for Prospective Foster and Adoptive Parents
To better understand this issue and to view it across States, see the Criminal Background Checks for Prospective Foster and Adoptive Parents: Summary of State Laws (PDF - 553 KB) publication.
Requirements for Foster Parents
Citation: Ala. Code §§ 38-13-3(2) & (5); 38-13-2(30)
* A fingerprint-based criminal history background information check is required for current and prospective foster parents and all adult household members.
* A criminal history background information check will not be conducted on a current foster parent or household member of a foster family if an FBI and State criminal history background information check has already been conducted under other law.
* Convictions for any of the following crimes shall make an individual unsuitable for licensure:
o Murder, manslaughter, or criminally negligent homicide
o A sex crime
o A crime that involves the physical or mental injury or maltreatment of a child, the elderly, or an individual with disabilities
o A crime committed against a child
o A crime involving the sale or distribution of a controlled substance
o Robbery
o A crime or offense committed in another State or under Federal law that would constitute any of the above crimes in this State
* Conviction for any crime listed in the Adoption and Safe Families Act, (42 U.S.C. 671(a)(20)) shall disqualify a person from being approved or continuing to be approved as a foster parent or adoptive parent, and a convicted person shall be deemed unsuitable for employment, volunteer work, approval, or licensure as a foster parent or adoptive parent.
Requirements for Adoptive Parents
Citation: Ala. Code §§ 26-10A-19; 38-13-3(5); Ala. Admin. Code r. 660-5-22-.03
* A fingerprint-based criminal background check is required for applicants and members of their household 19 years of age and older as part of the adoption investigation.
* A criminal history background information check will not be conducted for a current adoptive parent or household member if an FBI and State criminal history background information check has already been conducted under other law.
* No home can be approved where any adult member has been convicted of a crime at any time involving:
o A sex-related crime, including sexual abuse, exploitation, rape, child pornography, or incest
o Serious intentional physical injury or death of any person, including murder, manslaughter, assault, reckless endangerment, or kidnapping
o A crime against a child, including abandonment or endangerment
o A property crime, such as burglary or robbery
o Arson
o Manufacture, sale, distribution, use, or possession of controlled substances
* An exception is allowed when a household member has a criminal conviction involving robbery, burglary, or arson when there is evidence of rehabilitation.
* When a household member has a criminal conviction for a sex-related crime; serious intentional or negligent physical injury or death of any person; a crime against a child; or the manufacture, sale, distribution, use, or possession of controlled substances, an exception is made if there is evidence of rehabilitation and the following conditions exist:
o For a felony, 10 years have elapsed since the sentence was served.
o For a misdemeanor, 5 years have elapsed since the sentence was served.
* No exception is allowed when there is a criminal conviction involving a sex-related crime against a child, serious intentional reckless or negligent physical injury, or death of a child.
(Back to Top)
Determining the Best Interests of the Child
To better understand this issue and to view it across States, see the Determining the Best Interests of the Child: Summary of State Laws (PDF - 385 KB) publication.
Citation: Ala. Code § 12-15-1.1 (LexisNexis through 2007 Reg. Sess.)
Statute Text:
The purpose of this chapter is to facilitate the care, protection, and discipline of children who come within the jurisdiction of the juvenile court, while acknowledging the responsibility of the juvenile court to preserve the public peace and security. In furtherance of this purpose, the following goals have been established for the juvenile court:
* To preserve and strengthen the child's family whenever possible, including improvement of home environment
* To remove the child from the custody of his or her parents only when it is judicially determined to be in his or her best interests or for the safety and protection of the public
* To reunite a child with his or her parents as quickly and as safely as possible when the child has been removed from the custody of his or her parents
* To secure for any child removed from parental custody the necessary treatment, care, guidance, and discipline to assist him or her in becoming a responsible productive member of society
* To promote a continuum of services for children and their families from prevention to aftercare, considering wherever possible, prevention, diversion, and early intervention
* To achieve the foregoing goals in the least restrictive setting necessary, with a preference at all times for the preservation of the family and the integration of parental accountability and participation in treatment and counseling programs
This chapter shall be liberally construed to the end that each child coming within the jurisdiction of the juvenile court shall receive the care, guidance, and control, preferably in his or her own home, necessary for the welfare of the child and the best interests of the State.
(Back to Top)
Grounds for Involuntary Termination of Parental Rights
To better understand this issue and to view it across States, see the Grounds for Involuntary Termination of Parental Rights: Summary of State Laws (PDF - 444 KB) publication.
Circumstances That Are Grounds for Termination of Parental Rights
Ala. Code § 26-18-7
If the court finds from clear and convincing evidence that the parents of a child are unable or unwilling to discharge their responsibilities to and for the child, or that the conduct or condition of the parents is such as to render them unable to properly care for the child and that such conduct or condition is unlikely to change in the foreseeable future, the court may terminate the parental rights of the parents. In making this determination, the court may consider, but not be limited to, the following:
* The parent has abandoned the child.
* The parent is unable to discharge his or her parental duties due to:
o Emotional illness, mental illness, or mental deficiency
o Use of alcohol or controlled substances
o A conviction and incarceration for a felony
* The parent has tortured, abused, or severely maltreated the child.
* The parent's conduct or neglect has resulted in serious physical injury to the child.
* The parent has subjected the child to an aggravated circumstance, including, but not limited to, abandonment, torture, chronic abuse, substance abuse, or sexual abuse.
* Reasonable efforts to rehabilitate the parent have failed.
* The parent has been convicted of:
o Murder or voluntary manslaughter of another child of the parent
o Aiding, abetting, attempting, or soliciting to commit murder or voluntary manslaughter of another child of the parent
o A felony assault that results in serious bodily injury to the child or another child of the parent
* Parental rights to another child of the parent have been involuntarily terminated.
If the child is not in the physical custody of the parent, the court, in addition to the above, shall consider, but is not limited to the following:
* The parent has failed to support the child when financially able to do so.
* The parent has failed to maintain regular visitation, contact, or communication with the child.
Circumstances That Are Exceptions to Termination of Parental Rights
Ala. Code § 26-18-5
A petition will be filed when the child has been in foster care for 15 of the most recent 22 months unless:
* The child is being cared for by a relative.
* The department has documented in the case plan a compelling reason for determining that filing a petition would not be in the best interests of the child.
* The department has not provided to the family of the child, consistent with the time period in the department's case plan, such services as the department deems necessary for the safe return of the child to the child's home, if reasonable efforts are required to be made with respect to the child.
(Back to Top)
Infant Safe Haven Laws
To better understand this issue and to view it across States, see the Infant Safe Haven Laws: Summary of State Laws (PDF - 660 KB) publication.
Infant's Age
Ala. Code § 26-25-1
A child who is 72 hours old or younger may be relinquished under this section.
Who May Relinquish the Infant
Ala. Code § 26-25-1
The child may be relinquished by his or her parent.
Who May Receive the Infant
Ala. Code §§ 26-25-1; 26-25-4
An emergency medical services provider, without a court order, shall take possession of the child if the child is voluntarily delivered to the provider by the child's parent and the parent did not express an intent to return for the child.
An emergency medical services provider shall mean a licensed hospital that operates an emergency department. An emergency medical service provider does not include the offices, clinics, surgeries, or treatment facilities of private physicians or dentists. No individual licensed health-care provider, including physicians, dentists, nurses, physician assistants, or other health professionals, shall be deemed to be an emergency medical services provider unless such individual voluntarily assumes responsibility for the custody of the child.
Responsibilities of the Safe Haven Provider
Ala. Code §§ 26-25-1; 26-25-2
An emergency medical services provider who takes possession of a child shall perform any act necessary to protect the physical health or safety of the child.
No later than the close of the first business day after the date on which an emergency medical services provider takes possession of a child, the provider shall notify the Department of Human Resources that the provider has taken possession of the child.
Immunity for the Provider
Ala. Code § 26-25-5
No person or other entity subject to the provisions of this chapter shall be liable to any person for any claim for damages as a result of any action taken pursuant to the requirements of this chapter, and no lawsuit shall be predicated thereon.
Protection for Relinquishing Parent
Ala. Code § 26-25-3
Relinquishment to a safe haven is an affirmative defense to prosecution for nonsupport, abandonment, or endangering the welfare of a child.
Effect on Parental Rights
Ala. Code § 26-25-2
The department shall assume the care, control, and custody of the child immediately on receipt of notice of a relinquishment.
(Back to Top)
Online Resources for State Child Welfare Law and Policy
To better understand this issue and to view it across States, see the Online Resources for State Child Welfare Law and Policy (PDF - 472 KB) publication.
Statutes:
Website for Statutes:
http://alisondb.legislature.state.al.us/acas/ACASLogin.asp
Citations:
* Adoption: Title 26, Chapters 10, 10A, 10B, 10C
* Child Protection: Title 26, Chapters 14, 15, 16, 18, 20
* Child Welfare: Title 12, Chapter 15; Title 26, Chapter 25; Title 38, Chapters 12, 12A, 13
Regulation/Policy
Website for Administrative Code:
www.alabamaadministrativecode.state.al.us/
Note:
See Chapter 660, Section 5, Parts 2, 21-24, 28-30, 34-39, 46-51, 53
Other Resources
Department of Human Resources
* Foster Parent Handbook
www.dhr.state.al.us/large_docs/fphandbook.pdf (PDF - 1220 KB)
* Therapeutic Foster Care Manual
www.dhr.state.al.us/large_docs/TFCManual10_05Update.pdf (PDF - 373 KB)
* Minimum Standards for Foster Family Homes
www.dhr.state.al.us/large_docs/MinimumStandardsforFosterFamilyHomes.pdf (PDF - 478 KB)
* Minimum Standards for Residential Child Care Facilities
www.dhr.state.al.us/large_docs/Minimum%20Standards%20for%20Residential%20Child
%20Care%20Facilities.pdf (PDF - 351 KB)
* Minimum Standards for Child-Placing Agencies
www.dhr.state.al.us/large_docs/MinimumStandardsforChild-PlacingAgencies.pdf (PDF - 348 KB)
* Guidelines for Assessment Foster Family and Congregate Care Programs
www.dhr.state.al.us/large_docs/Guidelines%20for%20Assessment%20Homes.pdf (PDF - 184 KB)
* Transitional and Independent Living Program and Placement Requirements
www.dhr.state.al.us/large_docs/T&ILPgm&PlacementRequirements.pdf (PDF - 78 KB)
(Back to Top)
Placement of Children With Relatives
To better understand this issue and to view it across States, see the Placement of Children With Relatives: Summary of State Laws (PDF - 310 KB) publication.
Relative Placement for Foster Care and Guardianship
Citation: Ala. Code § 38-12-2
When a child has been removed from his or her home, the department shall attempt to place the child with a relative for kinship foster care. Relatives within the first, second, or third degree to the parent or stepparent, through blood, marriage, or adoption may be considered.
Requirements for Placement with Relatives
Citation: Ala. Code §§ 38-12-2; 38-12-3
The kinship foster parent shall be age 21 or older. The department may waive the age requirement if the spouse or partner of the relative is over age 21 and living in the home and the relative is between 18 and 21 years of age.
If the relative is approved to provide foster care services in accordance with department rules and regulations, the relative may receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in services.
A person may become a kinship foster parent only upon the completion of an investigation to ascertain if there is a State or Federal record of criminal history for the prospective kinship foster parent or any other adult residing in the prospective foster parent's home.
Relatives Who May Adopt
Citation: Ala. Code § 26-10A-28
Relatives include grandparents, great-grandparents, great-uncles or great-aunts, siblings, half-siblings, aunts or uncles of the first degree, and their respective spouses.
Requirements for Adoption by Relatives
Citation: Ala. Code § 26-10A-28
The adopted person must have resided for 1 year with the relative. The court may waive this provision.
The relative is exempt from the preplacement investigation required by § 26-10A-19 (that includes a criminal background check), unless one is requested by the court. No report of fees or charges under § 26-10A-23 is required, unless ordered by the court.
(Back to Top)
Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
To better understand this issue and to view it across States, see the Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws (PDF - 368 KB) publication.
What Are Reasonable Efforts
Citation: Ala. Code § 12-15-65(m)
''Reasonable efforts'' refer to efforts to preserve and reunify families.
When Reasonable Efforts Are Required
Citation: Ala. Code § 12-15-65(m)
Reasonable efforts must be made:
* Prior to the placement of a child in foster care to prevent or eliminate the need for removing the child from the child's home
* To make it possible for a child to safely return home
* If reunification is not possible, to place the child and to complete whatever steps are necessary to finalize the permanent placement of the child
When Reasonable Efforts Are NOT Required
Citation: Ala. Code § 12-15-65(m)
Reasonable efforts shall not be required when a parent's parental rights to a sibling have been involuntarily terminated or where a court has determined that a parent has done any of the following:
* Subjected the child to aggravated circumstances, including abandonment, torture, chronic abuse, substance abuse, or sexual abuse
* Committed murder or voluntary manslaughter of another child
* Aided, abetted, attempted, or conspired to commit murder or voluntary manslaughter of another child
* Committed a felony assault that resulted in serious bodily injury to the child or another child of the parent
(Back to Top)
Standby Guardianship
To better understand this issue and to view it across States, see the Standby Guardianship: Summary of State Laws (PDF - 256 KB) publication.
These issues are not addressed in statutes reviewed.
(Back to Top)
Adoption
Access to Adoption Records
To better understand this issue and to view it across States, see the Access to Adoption Records: Summary of State Laws (PDF - 504 KB) publication.
Who May Access Information
Citation: Ala. Code § 26-10A-31
Nonidentifying information may be released, upon request, to:
* The adoptive parents
* The birth parents
* The adoptee who is age 19 or older
Only the adult adoptee may access identifying information.
Access to Nonidentifying Information
Citation: Ala. Code § 26-10A-31
Nonidentifying information is limited to:
* The health and medical history of birth parents and the adoptee
* General family background
* Physical descriptions
* The length of time the child was in out-of-home care other than with the adoptive parents
* The circumstances resulting in the adoption
If the court finds that any person has a compelling need for nonidentifying information that can be obtained only through contact with the adoptee, the birth parents, or the adoptive parents, the court shall direct the agency or a mutually agreed upon intermediary to establish contact with the adoptee, the birth parents, or the adoptive parents in order to obtain the information needed without disclosing identifying information. The information then shall be filed with the court and released to the applicant at the discretion of the court. The identity and whereabouts of the person or persons contacted shall remain confidential.
Mutual Access to Identifying Information
Citation: Ala. Code § 26-10A-31
If either birth parent has given consent in writing to disclosure of identifying information, the State Department of Human Resources or a licensed child-placing agency shall release such identifying information.
When an adoptee reaches age 19, he or she may petition the court for the disclosure of identifying information if the birth parent has not previously given consent. The court shall direct an intermediary to contact the birth parents to determine if they will consent to the release of identifying information. If the birth parents consent to the release of identifying information, the court shall so direct. If the birth parents are deceased, cannot be found, or do not consent, the court shall weigh the interest and rights of all of the parties and determine if the identifying information should be released without the consent of the birth parents.
Access to Original Birth Certificate
Citation: Ala. Code § 22-9A-12(c)-(d)
Any person age 19 or older who was born in Alabama and who has had an original birth certificate removed from the files due to an adoption may, upon written request, receive a copy of that birth certificate and any evidence of the adoption held with the original record.
A birth parent may at any time request from the State Registrar of Vital Statistics a contact preference form that shall accompany a birth certificate. The contact preference form shall indicate one of the following:
* He or she would like to be contacted.
* He or she would prefer to be contacted only through an intermediary.
* He or she would prefer not to be contacted at this time, but may submit an updated contact preference at a later time.
A medical history form shall be supplied to the birth parent upon request of a contact preference form. The medical history form and the contact preference form are confidential communications from the birth parent to the person named on the sealed birth certificate and shall be placed in a sealed envelope upon receipt from the birth parent. The sealed envelope shall be released to a person requesting his or her own original birth certificate.
Where the Information Can Be Located
* Alabama Department of Human Resources
* The licensed investigating agency appointed by the court per § 26-10A-19(b), (c)
(Back to Top)
Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents
To better understand this issue and to view it across States, see the Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents: Summary of State Laws (PDF - 371 KB) publication.
Agency or Person Gathering Information or Preparing Report
Citation: Ala. Code § 26-10A-19
A preplacement investigation or a postplacement investigation may be performed by one of the following:
* The Department of Human Resources
* A licensed child-placing agency
* An individual or agency licensed by the department to perform investigations
* An individual appointed by the court who is a licensed social worker
Contents of Report About Person to be Adopted
Citation: Ala. Code § 26-10A-19
The investigation shall include information concerning:
* Any property owned by the adopted person
* The medical histories, both physical and mental, of the adopted person
The medical history shall be provided to the petitioner in writing before the decree is entered.
Contents of Report About Birth Parents
Citation: Ala. Code § 26-10A-19
The investigation shall include information concerning:
* Why the birth parents, if living, desire to be relieved of the care, support, and guardianship of the child
* Whether the birth parents have abandoned the child or are otherwise unsuited to parent the child
* The medical histories, both physical and mental, of the birth parents
Contents of Report About Adoptive Parents
Citation: Ala. Code § 26-10A-19
An investigation shall be made to determine the suitability of each petitioner and the home in which the adopted person will be placed. The investigation shall include:
* A criminal background investigation
* Any other circumstances that might be relevant to the placement of a child with the petitioners
(Back to Top)
Consent to Adoption
To better understand this issue and to view it across States, see the Consent to Adoption: Summary of State Laws (PDF - 474 KB) publication.
Who Must Consent to an Adoption
Citation: Ala. Code §§ 26-10A-7; 26-10A-8
Consent shall be required of the following:
* The mother
* The presumed father, regardless of paternity, if:
o He and the child's mother are or have been married to each other and the child was born during the marriage or within 300 days after the marriage was terminated.
o Before the child's birth, he and the child's mother attempted to marry each other.
o After the child's birth, he and the child's mother married or attempted to marry each other, and with his knowledge or consent, he was named as the child's father on the child's birth certificate, he is obligated to support the child, or he received the child into his home and openly held out the child as his own child.
* The agency to which the child has been relinquished or holds permanent custody and has placed the adoptee for adoption
* The putative father, if made known by the mother or is otherwise made known to the court, provided he complies with § 26-10C-1 and responds to notice within 30 days
Prior to a minor parent giving consent, a guardian ad litem must be appointed to represent the interests of a minor parent whose consent is required.
Age When Consent of Adoptee is Considered or Required
Citation: Ala. Code § 26-10A-7
A child age 14 or older must consent to the adoption, except where the court finds that the child does not have the mental capacity to consent.
When Parental Consent is not Needed
Citation: Ala. Code §§ 26-10A-9; 26-10A-10
A required consent or relinquishment may be implied by any of the following acts of a parent:
* Abandonment of the child, including, but is not limited to, the failure of the father, with reasonable knowledge of the pregnancy, to offer financial and/or emotional support for a period of 6 months prior to the birth
* Leaving the child without provision for his or her identification for a period of 30 days
* Knowingly leaving the adoptee with others without provision for support and without communication, or not otherwise maintaining a significant parental relationship with the child for a period of 6 months
* Receiving notice of the adoption proceedings and failing to answer or otherwise respond to the petition within 30 days
* Failing to comply with § 26-10C-1
The consent or relinquishment of the following persons shall not be required for an adoption:
* A parent whose rights with reference to the child have been terminated
* A parent who has been adjudged incompetent or 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 child to delay adoption until restoration of the parent's competency or capacity
* A parent who has relinquished his or her minor child to the department of human resources or a licensed child-placing agency for an adoption
* A deceased parent or one who is presumed to be deceased
* An alleged father who has signed a written statement denying paternity
* The natural father where the natural mother indicates the natural father is unknown, unless the natural father is otherwise made known to the court
When Consent Can Be Executed
Citation: Ala. Code § 26-10A-13
A consent or relinquishment may be taken at any time, except that once signed or confirmed, may be withdrawn within 5 days after birth or within 5 days after signing of the consent or relinquishment, whichever comes last.
How Consent Must Be Executed
Citation: Ala. Code §§ 26-10A-11; 26-10A-12
A consent or relinquishment shall be in writing, signed by the person consenting or relinquishing, and shall state that the person executing the document is voluntarily and unequivocally consenting to the adoption of the named child.
A consent of the natural mother taken prior to the birth of a child shall be signed or confirmed before a judge of probate. At the time of taking the consent the judge shall explain to the consenting parent the legal effect of signing the document and the time limits and procedures for withdrawal of the consent and shall provide the parent with a form for withdrawing the consent in accordance with the requirements of §§ 26-10A-13 and 26-10A-14.
All other prebirth or postbirth consents or relinquishments shall be signed or confirmed before:
* A judge or clerk of any court that has jurisdiction over adoption proceedings, or a public officer appointed by such judge for the purpose of taking consents
* A person appointed to take consents who is appointed by any agency that is authorized to conduct investigations or home studies, or, if the consent is taken out of State, by a person appointed to take consents by any agency that is authorized by that State's law to conduct investigations and home studies for adoptions
* A notary public
A form for the consent or relinquishment or the withdrawal of the consent or relinquishment is provided in statute.
Revocation of Consent
Citation: Ala. Code §§ 26-10A-9; 26-10A-13; 26-10-14
Implied consent due to abandonment may not be withdrawn by any person.
The consent or relinquishment, once signed or confirmed, may not be withdrawn except:
* If the court finds that the withdrawal is reasonable under the circumstances and consistent with the best interest of the child within 14 days after the birth of the child or within 14 days after signing of the consent or relinquishment, whichever comes last
* At any time until the final decree upon a showing that the consent or relinquishment was obtained by fraud, duress, mistake, or undue influence on the part of a petitioner or his agent or the agency to whom or for whose benefit it was given
o After 1 year from the date of final decree of adoption is entered, a consent or relinquishment may not be challenged on any ground, except in cases where the adopted person has been kidnapped.
* Upon dismissal of the adoption after a contested hearing as provided in § 26-10A-24
(Back to Top)
Court Jurisdiction and Venue for Adoption Petitions
To better understand this issue and to view it across States, see the Court Jurisdiction and Venue for Adoption Petitions: Summary of State Laws (PDF - 233 KB) publication.
Jurisdiction
Citation: Ala. Code § 26-10A-3
The probate court has original jurisdiction over adoption proceedings.
If any party fails to or is unable to consent, the proceeding shall be transferred to the juvenile division of the circuit court for the limited purpose of termination of parental rights.
Venue
Citation: Ala. Code § 26-10A-4
All petitions may be filed in the probate court in the county in which:
* The minor or adult resides or has a legal residence.
* A petitioner resides or is in the military service.
* An office of any agency having guardianship is located.
(Back to Top)
State Recognition of Intercountry Adoptions Finalized Abroad
To better understand this issue and to view it across States, see the State Recognition of Intercountry Adoptions Finalized Abroad: Summary of State Laws (PDF - 414 KB) publication.
Effect and Recognition of a Foreign Adoption Decree
This issue is not addressed in the statutes reviewed.
Readoption After an Intercountry Adoption
This issue is not addressed in the statutes reviewed.
Application for a U.S. Birth Certificate
Citation: Ala. Code § 22-9a-12(i)
The State Registrar shall, upon request, prepare and register a certificate in this State for a person born in a foreign country who is not a citizen of the United States and who was adopted through a court in this State. The certificate shall be established upon receipt of:
* A report of adoption from the court decreeing the adoption
* Proof of the date and place of birth of the child
* A request from the court, the adopting parents, or the adopted person, if he or she is age 18 or older, that a certificate be prepared
The certificate shall be labeled ''certificate of foreign birth'' and shall show the actual country of birth. A statement shall also be included on the certificate indicating that it is not evidence of U.S. citizenship for the child for whom it is issued.
(Back to Top)
Intestate Inheritance Rights for Adopted Children
To better understand this issue and to view it across States, see the Intestate Inheritance Rights for Adopted Children: Summary of State Laws (PDF - 333 KB) publication.
Birth Parents in Relation to Adopted Person
Citation: Ala. Code § 43-8-48
For purposes of intestate succession, an adopted person is the child of an adopting parent and not of the birth parents, except that adoption of a child by the spouse of a birth parent has no effect on the right of the child to inherit from or through either birth parent.
Adoptive Parents in Relation to Adopted Person
Citation: Ala. Code §§ 43-8-48; 26-10A-29
For purposes of intestate succession, an adopted person is the child of an adopting parent and not of the birth parents, except that adoption of a child by the spouse of a birth parent has no effect on the right of the child to inherit from or through either birth parent.
After adoption, the adopted person shall be treated as if he or she was born to the adopting parents and shall have all rights and be subject to all of the duties arising from that relation, including the right of inheritance.
(Back to Top)
Postadoption Contact Agreements Between Birth and Adoptive Families
To better understand this issue and to view it across States, see the Postadoption Contact Agreements Between Birth and Adoptive Families: Summary of State Laws (PDF - 443 KB) publication.
These issues are not addressed in statutes reviewed.
(Back to Top)
Regulation of Private Domestic Adoption Expenses
To better understand this issue and to view it across States, see the Regulation of Private Domestic Adoption Expenses: Summary of State Laws (PDF - 592 KB) publication.
Birth Parent Expenses Allowed
Citation: Ala. Code § 26-10A-34(a)
Preceding and during pregnancy-related incapacity, as an act of charity, the adoptive parent is permitted to pay maternity-connected medical or hospital and necessary living expenses of the mother. Legitimate charges for medical, legal, prenatal, or other professional services are permitted.
Birth Parent Expenses Not Allowed
Citation:
This issue is not addressed in the statues reviewed.
Allowable Payments for Arranging Adoption
Citation: Ala. Code §§ 26-10A-23(a); 26-10A-34(b)
No person or other entity may accept a fee for bringing the adopting parent together with the adoptee or natural parents, or for placing, assisting, or arranging a minor placement.
Allowable Payments for Relinquishing Child
Citation: Ala. Code §§ 26-10A-23(d); 26-10A-34
The adoptive parents and the parents surrendering the child must attest that no money or other things of value have been paid or received for giving up the child for adoption.
Allowable Fees Charged by Department/Agency
Citation: Ala. Code § 26-10-4.1; Admin. Code r. 660-5-22.04
The department is required to collect a fee of $300 for investigation services in certain adoptions. Unless waived by the department, the fee will be charged to the petitioners in all adoptions except those in which an investigation is specifically not required by statute, (e.g., stepparent adoptions and closely related adoptions).
The fee is not to be collected for investigations where parental rights have been terminated, or in those adoptions involving children placed for adoption by the department or a licensed child-placing agency, or in cases in which the investigative services were performed by a licensed child-placing agency.
In regulation: The department shall waive the fee in cases of indigency of the petitioners when the family's gross income does not exceed 100 percent of the Annual Federal Poverty Income Guidelines.
The department may waive the fee for other good cause when the adoption is in the child's best interest, imposition of the fee would prevent the adoption, and any of the following circumstances apply:
* The petitioners are related to the child beyond the degree of relationship required by law to exempt them from an investigation.
* The child has lived in the home of the petitioners for several years.
* The child's relationship with siblings would be injured or severed if the adoption does not proceed.
* The child has diagnosed special needs for medical care or appliances, counseling, therapy, educational tutoring, or other treatment.
* The child is one of a sibling group of three or more children being adopted by the same petitioners.
* The child's approved foster parents are adopting the child independently with the parents' consent and with the approval of the department.
Accounting of Expenses Required by Court
Citation: Ala. Code § 26-10A-23
Prior to payment, the petitioners must file with the court a full accounting of all charges for expenses, fees, or services they will be paying relating to the adoption. Payment may be made only with court approval except that fees may be placed in an escrow account prior to court approval. The court may not refuse to approve a fee for documented services on the sole basis that a child has not been placed. The court shall approve all reasonable fees and expenses, unless it determines that the expense is unreasonable based upon specific written findings of fact.
The petitioner must file a sworn statement that is a full accounting of all disbursements paid in the adoption.
Under penalty of perjury, the adoptive parents and the parent or parents surrendering the child for adoption shall, prior to the entry of the final adoption order, sign affidavits stating that no moneys or other things of value have been paid or received for giving the minor up for adoption.
(Back to Top)
Rights of Presumed (Putative) Fathers, The
To better understand this issue and to view it across States, see the Rights of Presumed (Putative) Fathers, The: Summary of State Laws (PDF - 925 KB) publication.
Legal definition of "father"
Ala. Code § 26-17-5
A man is presumed to be the natural father of a child if any of the following apply:
* He and the child's natural mother are or have been married to each other and the child is born during the marriage or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court.
* Before the child's birth he and the child's natural 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:
o If the attempted marriage may be declared invalid only by a court, the child is born during the attempted marriage or within 300 days after the termination of the attempted marriage.
o If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation.
* After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with the law, although the attempted marriage is or could be declared invalid, and:
o He has acknowledged his paternity of the child in writing, the writing being filed with the appropriate court or the Office of Vital Statistics.
o With his consent, he is named as the child's father on the child's birth certificate.
o He is otherwise obligated to support the child either under a written voluntary promise or by court order.
* While the child is under the age of majority, he receives the child into his home or otherwise openly holds out the child as his natural child.
* He acknowledges his paternity of the child in a writing filed in accordance with provisions of the legitimation statute.
* He and the child's mother have executed an affidavit of paternity in accordance with the provisions of this chapter.
Putative father registry
Ala. Code § 26-10C-1
The Department of Human Resources shall establish a putative father registry that shall record the name, Social Security number, date of birth, and address of the following:
* Any person adjudicated by a court of this State to be the father of a child born out of wedlock
* Any person who has filed with the registry, before or after the birth of a child born out of wedlock, a notice of intent to claim paternity of the child that includes the information required in subsection (c) below
* Any person adjudicated by a court of another State or territory of the United States to be the father of a child born out of wedlock, where a certified copy of the court order has been filed with the registry by the person or any other person
* Any person who has filed with the registry an instrument acknowledging paternity pursuant to §§ 26-11-1 to 26-11-3, inclusive
This subsection shall be the exclusive procedure available for any person who claims to be the natural father of a child born out of wedlock on or after January 1, 1997, to entitle that person to notice of and the opportunity to contest any adoption proceeding filed and pending on or after January 1, 1997.
Alternate means to establish paternity
Ala. Code §§ 26-11-2; 26-17-6; 26-17-22
A father of a nonmarital child may seek to legitimate the child and render him or her capable of inheriting his estate by filing a notice of declaration of legitimation in writing attested by two witnesses, setting forth the name of the child, supposed age, and the name of mother, and stating that he thereby recognizes him or her as his child and capable of inheriting his estate, real and personal, as if born in wedlock.
A child, a child's natural mother, or a man presumed to be the child's father under § 26-17-5(a) may bring an action at any time for the purpose of declaring the existence of the father and child relationship. For purposes of support, the action shall be brought before the child reaches age 19.
* If an action is brought before the birth of the child, all proceedings shall be stayed until after the birth, except service of process and the taking of depositions to perpetuate testimony.
* If the child has been adopted, an action may not be brought.
The natural mother and father of a child born to a woman who was unmarried at the time of birth and had not been married or attempted to be married within 300 days prior to the birth may, at any time prior to the child's 19th birthday, state and acknowledge that they are the natural parents of the child in an affidavit of paternity signed by both parties before a notary public. The affidavit of paternity shall be a legally sufficient basis for establishing an obligation for child support and for the expenses of the mother's pregnancy and confinement. The affidavit may be admitted as evidence of paternity in any action to establish a support order or an adjudication of paternity.
Required Information
Ala. Code § 26-10C-1
A person filing a notice of intent to claim paternity of a child or an acknowledgment of paternity [with the putative father registry] shall include all of the following:
* The father's name, Social Security number, date of birth, and current address
* The mother's name, including all other names known to the putative father that have been used by the mother, Social Security number, date of birth, and address, if known
* The father's current income and financial information by attaching a child support obligation income statement/affidavit form to be prescribed by regulations of the department
* The child's name and place of birth, if known
* The possible date or dates of sexual intercourse
The person filing shall notify the registry of any change of address pursuant to the procedures prescribed by regulation of the department. The registration must be on a form prescribed by the department and signed by the putative father and notarized.
The putative father may file his notice of intent to claim paternity prior to the birth of the child.
Revocation of claim to paternity
Ala. Code § 26-10C-1(d)
A person who has filed a notice of intent to claim paternity may at any time revoke a notice of intent to claim paternity previously filed and, upon receipt of the notification by the registry, the revoked notice of intent to claim paternity shall be deemed a nullity nunc pro tunc.
Access to information
Ala. Code § 26-10C-1(f)
The Department of Human Resources shall, upon request, provide the names and addresses of persons listed with the registry to any court. The information shall not be divulged to any other person except upon order of a court for good cause shown. The Department of Human Resources shall further after receiving notice pursuant to § 26-10A-17 of the pendency of any adoption proceeding wherein the proposed adopted person is a child born within 300 days of the date or dates of sexual intercourse listed in the registry and to the same biological mother listed in the registry, immediately send a copy of the notice of intent to claim paternity to the court handling the adoption.
When the court handling the adoption receives said notice of the intent to claim paternity, that court shall forthwith give notice of the pendency of the adoption proceeding to the putative father, and additionally notify the biological mother that the putative father has registered in conformity with the putative father registry.
(Back to Top)
Use of Advertising and Facilitators in Adoptive Placements
To better understand this issue and to view it across States, see the Use of Advertising and Facilitators in Adoptive Placements: Summary of State Laws (PDF - 282 KB) publication.
Use of Advertisement
Citation: Ala. Code § 26-10A-36
It shall be unlawful for any person, organization, corporation, partnership, hospital, association, or agency to advertise verbally, through print, electronic media, or otherwise that they will adopt children or assist in the adoption of children.
Use of Intermediaries/Facilitators
Citation: Ala. Code §§ 26-10A-22; 26-10A-34
In making adoption arrangements, potential adopting parents and birth parents may obtain counsel to provide legal advice and assistance.
However, it shall be unlawful for any person or agency to offer to receive payment for placing, assisting, or arranging a minor placement.
Legitimate medical, legal, prenatal, necessary living expenses or other professional services for the birth mother are allowed.
(Back to Top)
Who May Adopt, Be Adopted, or Place a Child for Adoption
To better understand this issue and to view it across States, see the Who May Adopt, Be Adopted, or Place a Child for Adoption: Summary of State Laws (PDF - 327 KB) publication.
Who May Adopt
Citation: Ala. Code § 26-10A-5
Any adult person or husband and wife jointly who are adults may adopt, with the following stipulations:
* No regulation shall prevent an adoption by a single person solely because the person is single.
* No regulation shall prevent an adoption solely because of the person's age.
* No regulation shall prevent an adoption solely because the adult person is employed outside the home.
Who May Be Adopted
Citation: Ala. Code § 26-10A-6
The following persons may be adopted:
* A minor
* An adult who:
o Is totally and permanently disabled
o Is mentally retarded
o Consents in writing and is related in any degree of kinship or is a stepchild by marriage
o Consents in writing and is to be adopted by an adult man and woman who are husband and wife
Who May Place a Child for Adoption
Citation: Ala. Code § 26-10A-33
A child may be placed for adoption by any of the following:
* A parent
* A parent of a deceased parent
* A relative of a degree of relationship specified in § 26-10A-28, including:
o A grandfather, grandmother, great-grandfather, or great-grandmother
o A great-uncle or great-aunt
o A brother, half-brother, sister, or half-sister
o An aunt or uncle of the first degree
o Their respective spouses
* The Department of Human Resources
* A licensed child-placing agency
* An agency approved by the department
Fighting Child Protective Services False Accusations
.
