0 chapters · 758 sections in this title.
Ala. Code § 26-13-1 When Authorized; Procedure Generally
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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…
Ala. Code § 26-13-2 Filing of Petition
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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…
Ala. Code § 26-13-3 Notice of Filing of Petition
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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 …
Ala. Code § 26-13-4 Contests of Petition; Receipt of Evidence as to Petition
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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. History: (Code 1876, §2738; Code 1886, §2360; Code 189…
Ala. Code § 26-13-5 Entry of Judgment Relieving Minor from Disabilities of Nonage and
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Effect Thereof Generally. 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 e…
Ala. Code § 26-13-6 Restriction of Rights of Minor by Judgment of Court
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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…
Ala. Code § 26-13-7 Filing of Copy of Judgment with Probate Court; Recordation, Etc., of
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Judgment by Probate Judge. 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 sha…
Ala. Code § 26-13-8 Recordation of Foreign Judgments Relieving Minors of Disabilities of
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Nonage and Effect Thereof. 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…
Ala. Code § 26-14-1 Definitions
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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…
Ala. Code § 26-14-10 Doctrine of Privileged Communications Not Grounds for Exclusion of
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Evidence as to Child’s Injuries. 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 pu…
Ala. Code § 26-14-11 Appointment of Attorney to Represent Child
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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…
Ala. Code § 26-14-12 Establishment of Regulations by Department of Human Resources
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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. History: (Acts 1975, No. 1124, p. 2213, §1.)
Ala. Code § 26-14-13 Penalty for Failure to Make Required Report
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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. History: (Acts 1965, No. 563, p. 1049, §5; Acts 1975,…
Ala. Code § 26-14-2 Purpose of Chapter
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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…
Ala. Code § 26-14-3 Mandatory Reporting. (Amended by Act 2026-375) [Effective until
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October 1, 2026.] AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) All hospitals, clinics, sanitariums, doctors, physicians, surgeons, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors, podiatrists, physical therap…
Ala. Code § 26-14-4 Permissive Reporting
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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. History: (Acts 1975, No. 112…
Ala. Code § 26-14-5 Contents of Reports
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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…
Ala. Code § 26-14-6 Temporary Protective Custody
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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…
Ala. Code § 26-14-6.1 Duties and Responsibilities for Investigation of Reports
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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…
Ala. Code § 26-14-7 Duties of Department of Human Resources
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(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…
Ala. Code § 26-14-7.1 Due Process Rights for Persons Under Investigation by Department
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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 …
Ala. Code § 26-14-7.2 Child Denied Medical Treatment Due to Parents’ Religious Beliefs
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(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…
Ala. Code § 26-14-8 Statewide Central Registry
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(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 …
Ala. Code § 26-14-9 Immunity from Liability for Actions Under Chapter
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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 …
Ala. Code § 26-15-1 Short Title
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This chapter shall be known and may be cited as the Alabama Child Abuse Act. History: (Acts 1977, No. 502, p. 658, §1.)
Ala. Code § 26-15-2 Definitions
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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…
Ala. Code § 26-15-3 Torture, Willful Abuse, Etc., of Child Under 18 Years of Age by
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Responsible Person. 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. History: (Acts 1977, No. 502, p. 658, §3; Act 20…
Ala. Code § 26-15-3.1 Aggravated Child Abuse
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(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…
Ala. Code § 26-15-3.2 Chemical Endangerment of Exposing a Child to an Environment in
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Which Controlled Substances Are Produced or Distributed. (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 t…
Ala. Code § 26-15-3.3 Mother of Unborn Child Taking, with Good Faith Belief, Controlled
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Substance Pursuant to a Lawful Prescription. (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…
Ala. Code § 26-15-4 Effect of Chapter Upon Existing Rights or Liabilities, Pending
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Prosecutions, Etc. 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…
Ala. Code § 26-16-1 Short Title
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This article shall be known and may be cited as the Child Abuse and Neglect Prevention Act. History: (Acts 1983, No. 83-736, p. 1198, §1.)
Ala. Code § 26-16-10 Child Abuse and Neglect Prevention Board - Criteria for Making Grants
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to Local Councils. 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…
Ala. Code § 26-16-11 Child Abuse and Neglect Prevention Board - Promulgation of Rules
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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. History: (Acts 1983, No. 83-736, p. 1198, §11.)
Ala. Code § 26-16-110 Short Title
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This article shall be known and may be cited as the Sudden Unexplained Infant Death Investigation Act. History: (Act 2011-705, p. 2184, §1.)
Ala. Code § 26-16-111 Legislative Findings
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The Legislature finds and declares all the following: (1) Protection of the health and welfare of the infants of this state is a goal of its people and the unexpected or unexplained death of an infant is an important public health concern that requires legislative action. (2) Dea…
Ala. Code § 26-16-112 Definitions
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For purposes of this arciclet, the following words shall have the following meanings: (1) FORENSIC PATHOLOGIST. A pathologist trained or with experience in forensic pathology, licensed to practice medicine and surgery or osteopathic medicine and surgery in the State of Alabama an…
Ala. Code § 26-16-113 Alabama Sudden Unexplained Infant Death Investigation Team
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(a) There is established the Alabama Sudden Unexplained Infant Death Investigation (SUIDI) Team which for administrative purposes shall be organized within the Department of Public Health as a subcommittee of the State Child Death Review Team. The team is charged with the develop…
Ala. Code § 26-16-114 Investigations; Training; Protocol and Reporting Forms
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(a) An investigation shall be performed utilizing protocol and forms approved by the Alabama Sudden Unexplained Infant Death Investigation (SUIDI) Team in all incidents of infant deaths. (b) All law enforcement agencies within this state are responsible to ensure that all personn…
Ala. Code § 26-16-115 Duties of County Coroner or Medical Examiner
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(a) In every case of SUID, the county coroner or medical examiner shall be notified and cooperate and assist law enforcement with the death investigation. (b) The county coroner or medical examiner shall obtain legal authorization to send the infant to a forensic pathologist for …
Ala. Code § 26-16-12 Review of Board Conducted Every Five Years
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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). History: (Acts 1983, No. 83-736, p. 1198, §12.)
Ala. Code § 26-16-13 State Agencies to Share Information Concerning Investigations of Child
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Abuse or Neglect. 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…
Ala. Code § 26-16-2 Definitions
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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, …
Ala. Code § 26-16-3 Child Abuse and Neglect Prevention Board - Board Created;
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Department Created; Director; Staff. (a) The State Child Abuse and Neglect Prevention Board is created as an autonomous agency of the state government. (b) There is created the Department of Child Abuse and Neglect Prevention which shall operate under the State Child Abuse and Ne…
Ala. Code § 26-16-3.1 Child Abuse and Neglect Prevention Board - Transfer of Rights, Duties,
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Property, Etc., to Department of Child Abuse and Neglect Prevention. (a) Except as necessary to comply with this section and Sections 26-16-2, 26-16-3, 26-16-4, and 26-16-6, the rights, duties, property, real or personal, and all other effects existing in the name of the State Ch…
Ala. Code § 26-16-30 Creation of Fund; Purpose; Investment; Disposition
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(a) The Children’s Trust Fund is created as a separate fund in the State Treasury. The function of the Children’s Trust Fund shall be to serve as a permanent trust pursuant to Section 26-16-8, and as an investment account for the earnings and funds received by the Child Abuse and…
Ala. Code § 26-16-31 (Repealed Effective for Tax Years Beginning After December 31, 2005)
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State Income Tax Refund Designation Program - Authorization; Procedure. (a) For the tax year beginning October 1, 1983, and until the State Treasurer certifies that the assets in the Children’s Trust Fund exceed $10,000,000, a resident individual taxpayer who files an Alabama inc…
Ala. Code § 26-16-32 State Income Tax Refund Designation Program - Disposition of
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Contributions. (a) Each year that the refund designation program established in Section 26-16- 31(a), above, is in effect, the Commissioner of the Department of Revenue shall transfer to the Children’s Trust Fund an amount equal to the total amount designated by individuals to be…
Ala. Code § 26-16-33 General Repealer; Construction of Article
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All laws or parts of laws which conflict with this article are hereby repealed except that no part of this article shall be construed to authorize any board, person, or entity to assume the duties and responsibilities of any other state agencies or to repeal or preempt or take pr…
Ala. Code § 26-16-4 Child Abuse and Neglect Prevention Board - Composition; Terms;
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Officers and Committees; Compensation. (a) The state board shall be composed of the following 14 members: (1) The Commissioner of the State Department of Human Resources, the State Mental Health Officer, the State Health Officer, the State Superintendent of Education, and the Sec…