Title 26 — Title 26

(a) A cause of action for injunctive relief against an individual who has performed or attempted to perform a dismemberment abortion in violation of Section 26-23G-3 may be maintained by any of the following: (1) A woman upon whom a dismemberment abortion was performed or attempt…

(a) A cause of action for civil damages against an individual who has performed a dismemberment abortion in violation of Section 26-23G-3 may be maintained by any of the following: (1) Any woman upon whom a dismemberment abortion has been performed in violation of Section 26-23G-…

(a) If judgment is rendered in favor of the plaintiff in an action described in Section 26-23G-4 or Section 26-23G-5, the court shall also render judgment for reasonable attorney fees in favor of the plaintiff against the defendant. (b) If judgment is rendered in favor of the def…

Whoever is found to have violated Section 26-23G-3 shall be fined ten thousand dollars ($10,000) or imprisoned for not more than two years, or both. History: (Act 2016-397, §7.)

In every civil, criminal, or administrative proceeding or action brought under this chapter, the court shall rule whether the identity of any woman upon whom an abortion has been performed or attempted to be performed shall be preserved from public disclosure if she does not give…

Nothing in this chapter shall be construed as creating or recognizing a right to abortion, nor a right to a particular method of abortion. History: (Act 2016-397, §9.)

This chapter shall be known as The Alabama Human Life Protection Act. History: (Act 2019-189, §1.)

(a) This state’s statute criminalizing abortion, Section 13A-13-7, has never been repealed. It has remained unenforceable as a result of the U.S. Supreme Court decision in Roe v. Wade, 410 U.S. 113 (1973) and its progeny, which struck down as unconstitutional a Texas statute crim…

As used in this chapter, the following terms shall have the following meanings: (1) ABORTION. The use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant with knowledge that…

(a) It shall be unlawful for any person to intentionally perform or attempt to perform an abortion except as provided for by subsection (b). (b) An abortion shall be permitted if an attending physician licensed in Alabama determines that an abortion is necessary in order to preve…

No woman upon whom an abortion is performed or attempted to be performed shall be criminally or civilly liable. Furthermore, no physician confirming the serious health risk to the child’s mother shall be criminally or civilly liable for those actions. History: (Act 2019-189, §5.)…

(a) An abortion performed in violation of this chapter is a Class A felony. (b) An attempted abortion performed in violation of this chapter is a Class C felony. History: (Act 2019-189, §6.)

This chapter shall not apply to a physician licensed in Alabama performing a termination of a pregnancy or assisting in performing a termination of a pregnancy due to a medical emergency as defined by this chapter. History: (Act 2019-189, §7.)

The construction of existing statutes and regulations that regulate or recognize abortion in Alabama that are in conflict with or antagonistic to this chapter shall be repealed as null and void and shall recognize the prohibition of abortion as provided in this chapter. If this c…

This chapter shall be known and may be cited as Gianna’s Law. History: (Act 2021-502, §1.)

Attempted Abortion. (a) A living human child born alive after an abortion or attempted abortion in an abortion or reproductive health center is entitled to the same rights, powers, and privileges as are granted by the laws of this state to any other child born alive at any locati…

Nothing in this chapter shall make legal an abortion that is not otherwise legal. History: (Act 2021-502, §3.)

(a) Commencing on August 1, 2015, the Department of Children’s Affairs shall be known as the Department of Early Childhood Education. The department is a part of the Executive Department of state government, principally established to enable the Governor to effectively and effici…

(a) The department shall be headed by and shall be under the direction, supervision, and control of an officer who shall be known and designated as the Secretary of Early Childhood Education. The secretary shall be responsible to the Governor for the administration of the departm…

The Office of School Readiness is created within the Department of Early Childhood Education. The office shall have the duties, responsibilities, functions, powers, and authority set forth in this article and as otherwise provided by law. History: (Act 2000-613, p. 1230, §2; Act …

As used in this article, the following terms shall have the following meanings: (1) DIRECTOR. The Director of the Office of School Readiness. (2) OFFICE. The Office of School Readiness. History: (Act 2000-613, p. 1230, §3.)

(a) The chief administrative and executive officer of the office shall be the director, who shall be appointed by and serve at the pleasure of the Secretary of the Department of Early Childhood Education. The director shall be responsible for the performance and exercise of the d…

The Office of School Readiness shall do all of the following: (1) Establish criteria and administer such programs and services as may be necessary for the operation and management of a voluntary prekindergarten program. (2) Administer such programs and services as may be necessar…

The following entities may voluntarily, but shall not be required to, participate in the programs and services administered by the Office of School Readiness: (1) Public schools. (2) Private schools. (3) Churches. (4) Existing public prekindergarten programs. (5) Existing private…

As additional funds become available, all programs within each county participating in school readiness shall collaborate on early education and child care programs that are funded with state and/or federal funding including, but not limited to, adult and community education prog…

This article shall not result in the net loss of employees and no affected employee shall be required to relocate or be forced to transfer. History: (Act 2000-613, p. 1230, §8.)

The duties of the secretary shall include, but not be limited to, all of the following: (1) Advising the Governor and the Legislature in matters relating to the coordination of services for children under the age of 19. (2) Serving as a liaison between the Governor and state agen…

(a) The Alabama Children’s Policy Council is hereby created and shall consist of the following members: Three appointees from business and industry made by the Governor; the Lieutenant Governor; the Speaker of the House of Representatives; two members of the Alabama Senate, one a…

(a) There is hereby established the Alabama Children’s Policy Council Fund into which there is automatically appropriated twenty thousand dollars ($20,000) annually at the beginning of each fiscal year. Any funds remaining in the Alabama Children’s Policy Council Fund at the end …

State Officers or Employees. The members of the Alabama Children’s Policy Council who are officers or employees of the State of Alabama shall be entitled to be reimbursed for their expenses, including travel, lodging, food, and other expenses at the same rate as other state emplo…

(a) A county children’s policy council is hereby created in each county of the state. The county children’s policy council shall consist of the following members: A juvenile court judge in each county; the county director of the Department of Human Resources; a county representat…

The duties of the county children’s policy council shall include, but not be limited to, the following: Reviewing the needs of children in the county and the responsibilities assigned each department or agency by law; determining areas of responsibility and identifying areas of d…

All references to the “Alabama Juvenile Justice Coordinating Council” and to “county juvenile justice coordinating councils” in this code, are changed to the “Alabama Children’s Policy Council” and “county children’s policy councils” respectively. All other laws, rules, regulatio…

(a) All functions and duties of the department shall be exercised by the secretary acting alone or by and through any administrative division or officer or employee that the secretary may designate. The secretary shall have all power and authority necessary or convenient to carry…

In the performance of the functions and duties of the office and in the exercise of the powers and authorities, the secretary and all other officers and employees of the department shall be subject to all legal restrictions, limitations, and conditions and penalties, civil and cr…

The Governor may provide office space for the use of the department, secretary, and staff of either. The secretary may employ and secure the necessary staff, supplies, and materials to carry out this article, subject to the approval of the Governor, and pursuant to the state Meri…

For the purposes of this article, the following terms have the following meanings: (1) ADULT-SUPERVISED USE. Media engagement in which a parent, guardian, or caregiver is actively present and guiding and discussing the media content. (2) DEPARTMENT. The Department of Early Childh…

(a) The department, in collaboration with the State Department of Human Resources and the State Department of Education, shall develop research-based guidelines on healthy screen time practices for children from birth through five years of age. The guidelines shall be based on cu…

(a) Screen-based media in early childhood education programs: (1) May not be unreasonably used as a substitute for teacher-led instruction, reading, hands-on learning, or outdoor play; (2) Must meet the department’s screen time standards as provided in Section 26- 24-63; and (3) …

The department, in collaboration with the State Department of Human Resources and the State Department of Education, shall develop screen time standards for early childhood education programs which are based on current evidence-based research and practices. The standards shall in…

(a) The department, in collaboration with the State Department of Human Resources and the State Department of Education, shall develop training on screen time standards provided in Section 26-24-63 and alternatives to screen time. The training may be tailored to each type of earl…

(a) Compliance with this article shall be monitored and enforced by the following entities: (1) For child-care facilities licensed by the State Department of Human Resources, by the State Department of Human Resources pursuant to Section 38-7-7.1. (2) For prekindergarten programs…

(a) For the purposes of this chapter, the following terms have the following meanings: (1) BABY SAFETY DEVICE. A device installed at an emergency medical services provider pursuant to Section 26-25-1.2 for the purpose of permitting a parent to anonymously surrender his or her inf…

(a) A woman admitted to a hospital for purposes of labor and delivery may surrender custody of her newborn infant. If a woman expresses a desire to voluntarily surrender custody of her newborn infant after birth, an emergency medical services provider shall take possession of the…

Monitoring of Baby Safety Devices. (a)(1) An emergency medical services provider may install, maintain, and monitor a baby safety device, provided that the baby safety device meets all of the requirements of this section. No other individual or entity, including any child placing…

Infant Has Been Reported as Missing. (a) No later than the close of the first business day after the date on which an emergency medical services provider takes possession of an infant pursuant to this chapter, the provider shall notify the Department of Human Resources that the e…

or Neglect Allegations. (a) It is an affirmative defense to prosecution under Sections 13A-13-4, 13A-13-5, and 13A-13-6, if the parent voluntarily delivers the infant to an emergency medical services provider or a baby safety device pursuant to this chapter. (b) Nothing in this s…

REPEALED BY ACT 2023-508, EFFECTIVE SEPTEMBER 1, 2023. For the purposes of this chapter, an emergency medical services provider shall mean a licensed hospital, as defined in Section 22-21-20, which operates an emergency department. An emergency medical services provider does not …

Except as provided in Section 36-1-12, an emergency medical services provider or an employee or agent of an emergency medical services provider subject to this chapter shall be immune from liability for any civil action arising out of any action or omission taken pursuant to the …

This chapter shall be known and may be cited as the Alabama Vulnerable Child Compassion and Protection Act (V-CAP). History: (Act 2022-289, §1.)