Title 26

(a) The petitioner or petitioners, or the adoptee, must be a resident of the State of Alabama. (b) All petitions must be filed in the probate court of either of the following counties: (1) The county in which the adoptee resides, or is in military service. (2) The county in which…

(a) Any adult individual may petition the court to adopt an adult as provided in this chapter. (b) Any married couple, both of whom are adults, may jointly petition the court to adopt an adult as provided in this chapter. An adult who is married may not petition to adopt another …

An adult may be adopted under any of the following conditions: (1) He or she is an individual with a total and permanent disability. (2) He or she has been determined to be an incapacitated person as defined in Section 26-2A-20. (3) He or she consents in writing to be adopted and…

(a) A consent shall be in a sworn writing and signed by the person consenting. (1) Only the sworn, written consent of a legally competent adoptee shall be required. (2) If the adoptee has been adjudicated incompetent or declared to be an incapacitated person as defined in Section…

(a) A petition for adoption shall be filed with the clerk of the court. The petition shall be signed and verified by each petitioner and shall allege all of the following: (1) The full name, date and place of birth, and place of residence of each petitioner and, if married, the p…

(a) Unless service has been previously waived, notice of pendency of the adoption proceeding shall be served by the petitioner on each of the following: (1) Any individual whose consent is required by Section 26-10F-7. (2) Any legally appointed custodian or guardian of the adopte…

The marriage of the mother and reputed father of a bastard child renders it legitimate if the child is recognized by the father as his child. (Code 1852, §2008; Code 1867, §2404; Code 1876, §2742; Code 1886, §2364; Code 1896, §364; Code 1907, §5199; Code 1923, §9299; Code 1940, T…

(a) A father of a bastard child may seek to legitimate it and render it 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 proposed to be legitimated, its sex, supposed age, …

(a) The father may petition at the time of filing the declaration of legitimation or at any time subsequent to the determination of legitimation to change the name of such child, stating in his declaration the name it is then known by and the name he wishes it afterwards to have.…

The several juvenile courts of the state are authorized to relieve minors over 18 years of age from the disabilities of nonage in the following cases and none other: (1) Whenever the father or the mother of such minor shall file a petition with the court, in writing, requesting t…

The petition must be filed in the county in which the parent or guardian of such minor resides or in the county in which the guardianship of such minor is pending when the petition is filed by the parent or guardian and in the county where the minor resides when the petition is f…

Whenever the petition is filed by the minor and the guardian it shall be the duty of the clerk to give notice of the filing of such petition in some newspaper published in the county or, if no newspaper is published in such county, then in such manner as may be prescribed by the …

Upon the hearing of such petition, any person may contest the granting of same upon giving security for costs of such contest. All evidence touching such petition shall be taken in such manner as may be directed by the court. (Code 1876, §2738; Code 1886, §2360; Code 1896, §832; …

If on the hearing of the evidence adduced and upon such other evidence as may be required by the court, the court shall be satisfied that it will be to the interest of such minor to be relieved from the disabilities of nonage, the court shall thereupon enter judgment accordingly,…

The court, in its judgment, may, if it deems it advisable, restrict and qualify the rights of a minor relieved from the disabilities of nonage, as to acquittances to, and contracts with guardians, executors, administrators, trustees, and other persons indebted to such minor, to s…

Every minor relieved of the disabilities of nonage under the provisions of this chapter must file a certified copy of the judgment relieving him from such disabilities in the office of the judge of probate in each of the counties in which such minor shall thereafter reside and in…

A copy of a judgment entered by a court of competent jurisdiction of another state of the United States, duly certified according to the acts of Congress of the United States, relieving a minor nonresident of this state of the disabilities of nonage may be recorded in the probate…

For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) ABUSE. Harm or threatened harm to a child’s health or welfare. Harm or threatened harm to a child’s health or welfare can occur through nonaccidental p…

The doctrine of privileged communication, with the exception of the attorney-client privilege, shall not be a ground for excluding any evidence regarding a child’s injuries or the cause thereof in any judicial proceeding resulting from a report pursuant to this chapter. (Acts 196…

In every case involving an abused or neglected child which results in a judicial proceeding, an attorney shall be appointed to represent the child in such proceedings. Such attorney will represent the rights, interests, welfare, and well-being of the child, and serve as guardian …

The State Department of Human Resources may establish such regulations as may be necessary to implement this chapter and to encourage cooperation with other states in exchanging reports to effect a national registration system. (Acts 1975, No. 1124, p. 2213, §1.)

Any person who shall knowingly fail to make the report required by this chapter shall be guilty of a misdemeanor and shall be punished by a sentence of not more than six months’ imprisonment or a fine of not more than $500.00. (Acts 1965, No. 563, p. 1049, §5; Acts 1975, No. 1124…

In order to protect children whose health and welfare may be adversely affected through abuse and neglect, the Legislature hereby provides for the reporting of such cases to the appropriate authorities. It is the intent of the Legislature that, as a result of such efforts, and th…

(a)(1) An individual or entity identified in subdivision (2) shall submit an oral report to a law enforcement official or the Department of Human Resources immediately upon knowing or suspecting that a child is a victim of child abuse or neglect, receiving a report from a third p…

In addition to those persons, firms, corporations, and officials required by Section 26-14-3 to report child abuse and neglect, any person may make such a report if such person has reasonable cause to suspect that a child is being abused or neglected. (Acts 1975, No. 1124, p. 221…

The reports provided for in this chapter shall state, if known, the name of the child, his or her whereabouts, the names and addresses of the parents, guardian, or caretaker, and the character and extent of his or her injuries. The written report shall also contain, if known, any…

A police officer, a law enforcement official, or a designated employee of the State or County Department of Human Resources may take a child into protective custody, or any person in charge of a hospital or similar institution or any physician treating a child may keep that child…

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 inv…

(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 po…

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 …

(a) When an investigation of child abuse or neglect by the Department of Human Resources determines that a parent or legal guardian legitimately practicing his or her religious beliefs has not provided specific medical treatment for a child, the parent or legal guardian shall not…

(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 …

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 the making of a good faith report …

This chapter shall be known and may be cited as the Alabama Child Abuse Act. (Acts 1977, No. 502, p. 658, §1.)

As used in this chapter, the following terms have the following meanings: (1) CHEMICAL SUBSTANCE. A substance intended to be used as a precursor in the manufacture of a controlled substance, or any other chemical intended to be used in the manufacture of a controlled substance. I…

A responsible person who shall torture, willfully abuse, willfully mistreat, cruelly beat, or otherwise willfully maltreat any child under the age of 18 years, on conviction, shall be guilty of a Class C felony. (Acts 1977, No. 502, p. 658, §3; Act 2006-531, p. 1224, §1; Act 2023…

(a)(1) A responsible person, as defined in Section 26-15-2, commits the crime of aggravated child abuse if he or she does any of the following: a. He or she violates the provisions of Section 26-15-3 by acts taking place on more than one occasion. b. He or she violates Section 26…

(a) A responsible person commits the crime of chemical endangerment of exposing a child to an environment in which he or she does any of the following: (1) Knowingly, recklessly, or intentionally causes or permits a child to be exposed to, to ingest or inhale, or to have contact …

(a) No one shall violate Section 26-15-3.2, and no one shall be required to report under Chapter 14 of this title, the exposing of an unborn child to any of the following: (1) A prescription medication if the responsible person was the mother of the unborn child, and she was, or …

All proceedings pending and all rights and liabilities existing, acquired, or incurred on May 11, 1977, are hereby saved and may be consummated according to the law in force when they were commenced. This chapter shall not be construed to affect any prosecution pending or begun b…

This article shall be known and may be cited as the Child Abuse and Neglect Prevention Act. (Acts 1983, No. 83-736, p. 1198, §1.)

In making grants to a local council, the state board shall consider the degree to which the local council meets the following criteria: (1) Has as its primary purpose the development and facilitation of a collaborative community prevention program in a specific geographical area.…

Not later than two years after August 8, 1983, the state board shall promulgate rules pursuant to the Alabama Administrative Procedure Act, Act No. 81-855 of 1981, now codified as Chapter 22 of Title 41. (Acts 1983, No. 83-736, p. 1198, §11.)

A thorough, independent review of the functions, responsibilities, and performance of the state board shall be completed each five years after August 8, 1983, and transmitted to the individuals listed in Section 26-16-6(a)(3). (Acts 1983, No. 83-736, p. 1198, §12.)

Law enforcement agencies of this state, social service agencies of this state, and state and local departments of human resources shall share information concerning investigations of suspected or actual child abuse or neglect when the sharing of such information is necessary to p…

As used in this article, the following words and phrases shall have the meanings herein ascribed to them: (1) CHILD. A person under 18 years of age. (2) CHILD ABUSE. Harm or threatened harm to a child’s health or welfare by a person responsible for the child’s health or welfare, …