Ala. Code § 26-21-4 — Alabama Code / Title 26 / Chapter 21 / Section 26-21-4
Section 26-21-4 Procedure for Waiver of Consent Requirement - Notice to Parents or Guardian Prohibited; Participation in Proceedings; Right to Counsel; Assistance in Preparing Petition; Confidentiality; Contents of Petition; Precedence of Proceeding; Rules of Procedure; Waiver of Consent; Guardian Ad Litem for Interests of Unborn Child; Findings and Conclusions; Appeal; No Fees or Costs; Related Criminal Charges
Status: in_force

(a) A minor who elects not to seek or does not or cannot for any reason, obtain consent from either of her parents or legal guardian, may petition, on her own behalf, the juvenile court, or the court of equal standing, in the county in which the minor resides or in the county in which the abortion is to be performed for a waiver of the consent requirement of this chapter. Notice by the court to the minor’s parents, parent, or legal guardian shall not be required or permitted. The requirements and procedures under this chapter shall apply and are available only to minors who are residents of this state.

(b) The minor may participate in proceedings in the court on her own behalf. The court shall advise her that she has a right to be represented by an attorney and that if she is unable to pay for the services of an attorney one will be appointed for her. If the court appoints an attorney to represent her, such attorney shall be compensated as provided in Section 15-12-21. If the minor petitioner chooses to represent herself, such pleadings, documents, or evidence that she may file with the court shall be liberally construed by the court so as to do substantial justice.

(c) The court shall insure that the minor is given assistance in preparing and filing the petition. Such assistance may be provided by court personnel including intake personnel of juvenile probation services. The minor’s identity shall be kept confidential, but her identity may be made known to the judge, any guardian ad litem, the district attorney or any representative of the district attorney’s office of the county where the minor is a resident or the county where the abortion is to be performed, any appropriate court personnel, any witness who has a need to know the minor’s identity, or any other person determined by the court who needs to know. Any person who is given the identity of the minor shall keep her name confidential and shall not give it to any other person, unless otherwise ordered by the court.

(d) The petition required in Section 26-21-3(d) shall be made under oath and shall include all of the following:

(1) A statement that the petitioner is pregnant;

(2) A statement that the petitioner is unmarried, under 18 years of age, and unemancipated;

(3) A statement that the petitioner wishes to have an abortion without the consent of either parent or legal guardian.

(4) An allegation of either or both of the following:

a. That the petitioner is sufficiently mature and well enough informed to intelligently decide whether to have an abortion without the consent of either of her parents or legal guardian.

b. That one or both of her parents or her guardian has engaged in a pattern of physical, sexual, or emotional abuse against her, or that the consent of her parents, parent or legal guardian otherwise is not in her best interest.

(5) A statement as to whether the petitioner has retained an attorney and the name, address, and telephone number of her attorney.

(e) Court proceedings shall be given such precedence over other pending matters as is necessary to insure that the court may reach a decision promptly, but in no case, except as provided herein, shall the court fail to rule within 48 hours of the time the petition is filed, Saturdays, Sundays, and legal holidays excluded. Provided, however, this time requirement may be extended on the request of the minor or any other participant in the proceeding, or by order of the court for the purpose of obtaining further testimony or evidence necessary for it to make an informed decision and to do substantial justice. If a juvenile court judge is not available for the hearing provided herein, the clerk of the court in which the petition was filed shall forthwith notify the presiding circuit court judge and the presiding circuit court judge of the circuit shall immediately appoint a district or circuit court judge to hear the petition.

(f) Except as otherwise required by the section, this court shall adhere to the Rules of Juvenile Procedure, the Rules of Civil Procedure and Rules of Evidence required of Alabama courts. The court shall assure that it is presented sufficient probative evidence upon which to make its findings, either granting or denying the minor’s petition. If the court determines at the initial hearing on the petition that additional evidence or testimony is necessary, the court may adjourn the hearing and issue instanter subpoenas or otherwise permit any party or participant in the hearing to bring before the court admissible evidence or testimony either in support of or against the petition.

(g) The required consent shall be waived if the court finds either:

(1) That the minor is mature and well-informed enough to make the abortion decision on her own; or

(2) That performance of the abortion would be in the best interest of the minor.

(h) In determining if either of the requirements in subsection (g) are met, the court shall require that the minor provide probative and admissible evidence, which may include hearsay evidence, that she has been informed and understands the medical procedure of abortion and its consequences and that she has been informed and counseled by a qualified person as to the alternatives to abortion. She shall explain each of the foregoing to the court and the court shall be satisfied that she is making an informed judgment and shall document its finding in its order. The minor shall present such additional probative evidence to the court of her maturity that demonstrates to the court that she has sufficient experience with and understanding of life which enables her to make mature and informed decisions. Further, the minor may provide to the court a substantive explanation of why she cannot consult with her parent, parents, or legal guardian to assist her in making the decision. It shall not be sufficient that the court find the minor mature because she has requested relief from the court, but rather the totality of the evidence must be probative and of such weight to prove that the minor is mature and well-informed enough to make the abortion decision on her own, or that the performance of the abortion will be in her best interest. Uncorroborated legal conclusions by the minor shall not be sufficient to support a determination by the court to grant her petition. In the event of a denial of the petition by the court, the minor may re-file the petition once for a de novo hearing with the court.

(i) The court shall immediately notify the district attorney’s office of the county in which the minor is a resident, or the county where the petition was filed of the filing of the petition on the day of such filing and the district attorney or his or her representative shall participate as an advocate for the state to examine the petitioner and any witnesses, and to present evidence for the purpose of providing the court with a sufficient record upon which to make an informed decision and to do substantial justice.

(j) In the court’s discretion, it may appoint a guardian ad litem for the interests of the unborn child of the petitioner who shall also have the same rights and obligations of participation in the proceeding as given to the district attorney’s office. The guardian ad litem shall further have the responsibility of assisting and advising the court so the court may make an informed decision and do substantial justice. The guardian ad litem shall be compensated as provided in Section 15-12-21.

(k) Either the district attorney or his or her representative, or any other party in the proceeding may request the court for additional time either before the hearing has begun or during the hearing, if justice requires, to obtain evidence, subpoena witnesses, or to obtain and present any evidence or information which will be necessary and appropriate for the court to make an informed decision. In any event, any such delay shall not be more than one business day for which the applicable court is open to the public, unless justice requires an extension thereof. The length of time for any such delay and the information, evidence, or subpoena sought shall be within the sound discretion of the trial court subject to the time constraints of the petitioner related to her medical condition.

(l) Although the court shall not be required or permitted to contact the minor’s parent, parents, or legal guardian, in the event that the minor’s parent, parents, or legal guardian are otherwise aware of the by-pass proceeding, they, he, or she shall be given notice of and be permitted to participate in the proceeding and be represented by counsel with all of the rights and obligations of any party to the proceeding.

(m) A court that conducts proceedings under this section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a confidential record of the evidence be maintained for at least four years. A transcript of the proceedings shall be recorded and if there is an appeal as provided in subsection (n), a transcript of the proceedings shall be prepared forthwith.

(n) An expedited confidential and anonymous appeal shall be available to any minor to whom the court denies a waiver of consent, the district attorney’s office, and any guardian ad litem, or the parent, parents, or legal guardian of the minor. If notice of appeal is given, the record of appeal shall be completed and the appeal shall be perfected within five days from the filing of the notice of appeal. Briefs shall not be required but may be permitted. Because time may be of the essence regarding the performance of the abortion, the Alabama Supreme Court shall issue promptly such additional rules as it deems are necessary to insure that appeals under this section are handled in an expeditious, confidential and anonymous manner.

(o) All proceedings under this chapter shall be confidential and anonymous. In all pleadings or court documents, the minor shall be identified by initials only.

(p) No fees or costs shall be required of any minor who avails herself of the procedures provided by this section.

(q) In proceedings under this section and with the consent of the minor for whom such proceedings are conducted, the court may refer for prosecution any criminal charge that may be known to the court, including, but not limited to, statutory rape.
Ala. Code § 26-16-91 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-91
Section 26-16-91 Definitions
Status: in_force

The following words and phrases have the following meanings unless the context clearly indicates otherwise:

(1) AUTOPSY. An external and internal examination, medical history, and record review.

(2) CHILD. A person who has not yet reached his or her eighteenth birthday.

(3) CHILD DEATHS TO BE REVIEWED. Those deaths which are unexpected or unexplained.

(4) COMMUNITY. The people and area within the local team jurisdiction.

(5) COUNTY. The county in which a deceased child resided prior to his or her death.

(6) INVESTIGATION. In the context of child death, includes all of the following:

a. A postmortem examination which may be limited to an external examination or may include an autopsy.

b. An inquiry by law enforcement agencies having jurisdiction into the circumstances of the death, including a scene investigation and interview with the child’s parents, guardians, or caretakers and the person who reported the child’s death.

c. A review of information regarding the child from relevant agencies, professionals, and providers of medical care.

(7) LOCAL TEAM. A multidisciplinary, multiagency child death review team established for a county or judicial circuit pursuant to Section 26-16-96.

(8) MEETING. In-person meetings and conferences as well as those through telephone and other live electronic means. Individual participation in meetings through electronic conferencing may be authorized through the state team chairperson or designee. Local teams may not meet by electronic means.

(9) PERSON ACTING IN A PROFESSIONAL CAPACITY. A health practitioner, law enforcement officer, employee of a local department of social services, undertaker, funeral home director or employee of a funeral home, or firefighter, who is acting in the course of his or her professional duties.

(10) PROVIDER OF MEDICAL CARE. Any health practitioner who personally provides, or a facility through which is provided, any medical evaluation or treatment, including dental and mental health evaluation or treatment.

(11) STATE TEAM. The State Child Death Review Team.

(12) UNEXPECTED/UNEXPLAINED. In referring to a child’s death, includes all deaths which, prior to investigation, appear possibly to have been caused by trauma, suspicious or obscure circumstances, child abuse or neglect, or other agents or Sudden Infant Death Syndrome.
Ala. Code § 26-1A-402 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-402
Section 26-1A-402 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Ala. Code § 26-2A-158 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-158
Section 26-2A-158 Termination of Proceedings
Status: in_force

(a) The protected person, conservator, or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. If the conservator has accounted to the formerly protected person, no accounting is necessary. The court, upon determining after notice and hearing that the minority or disability of the protected person has ceased, shall terminate the conservatorship. Upon termination, title to assets of the estate passes to the formerly protected person or to successors. The order of termination must provide for expenses of administration and direct the conservator to execute appropriate instruments to evidence the transfer.

(b) A conservator appointed by any court of this state, on termination or removal of the protected person’s minority or disability, may present a verified petition to the court in which the conservatorship is pending, praying for a final consent settlement by and between the conservator and the protected person. If the consent settlement is agreed to by the protected person in a written instrument signed by the protected person and acknowledged as conveyances of real estate are acknowledged, the court may approve the settlement without notice. The agreement of the protected person may be expressed by joining in the petition with the conservator or by a separate written instrument. Any final settlement so approved by the court shall have the same force and effect as settlements made in compliance with subsection (a).
Ala. Code § 26-16-94 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-94
Section 26-16-94 State Child Death Review Team - Purpose; Duties
Status: in_force

The purpose of the state team is to decrease the risk and incidence of unexpected/unexplained child injury and death by undertaking all of the following duties:

(1) Identifying factors which make a child at risk for injury or death.

(2) Collecting and sharing information among state team members and agencies which provide services to children and families or investigate child deaths.

(3) Making suggestions and recommendations to appropriate participating agencies regarding improving coordination of services and investigations.

(4) Identifying trends relevant to unexpected/unexplained child injury and death.

(5) Reviewing reports from local child death teams and, upon request of a local team, individual cases of child deaths.

(6) Providing training and written materials to the local teams to assist them in carrying out their duties. Such written materials shall include model protocols for the operation of the local teams.

(7) Developing a protocol for child death investigations, and revising the protocol as needed. The protocol for child death investigations shall not include any activity that causes public scrutiny of the family circumstances surrounding the subject death.

(8) Undertaking a study of the operations of local teams considering training needs and service gaps. If the state team determines that changes to any statute, regulation, or policy is needed to decrease the risk and incidence of child injury and death, it shall propose and recommend changes to such statute, regulation, or policy in its annual report.

(9) Educating the public in Alabama regarding the incidence and causes of child injury and death and the public role in aiding in reducing the risk of such injuries and deaths. The state team shall enlist the support of civil, philanthropic, and public service organizations in its performance of its education duties.

(10) Developing and implementing such procedures and policies as are necessary for its own operation.

(11) Providing the Governor and the Legislature with an annual written report which shall include, but not be limited to, the state team’s findings and recommendations for each of its duties; and providing copies of such report to the public.

(12) Determining, by consent of state team members, what protocols should be followed by team members for providing data and/or information to the state team as a whole.

(13) Examining confidentiality and access to information laws, regulations, and policies for agencies with responsibilities for children, including health, public welfare, education, social services, mental health, and law enforcement agencies, and determining whether those laws, regulations, or policies impede the exchange of information necessary to reduce the risk of injury and death. If the state team determines that such laws, regulations, or policies do impede the necessary exchange of information, it shall take prompt steps to propose and recommend changes to the appropriate state agencies.
Ala. Code § 26-24-26 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-26
Section 26-24-26 Effect on Employees
Status: in_force

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.
Ala. Code § 26-9-2 — Alabama Code / Title 26 / Chapter 9 / Section 26-9-2
Section 26-9-2 Definitions
Status: in_force

When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) PERSON. A partnership, corporation, or an association.

(2) ADMINISTRATION. The United States Veterans’ Administration or its successor.

(3) ESTATE and INCOME. Such terms include only moneys received by the guardian from the Veterans’ Administration and all earnings, interest, and profits derived therefrom.

(4) BENEFITS. All moneys payable by the United States through the Veterans’ Administration.

(5) ADMINISTRATOR. The Administrator of Veterans’ Affairs of the United States Veterans’ Administration.

(6) WARD. A beneficiary of the administration.

(7) GUARDIAN. Any person acting as a fiduciary for a ward and includes a conservator appointed under Alabama Uniform Guardianship and Protective Proceedings Act.
Ala. Code § 26-26-5 — Alabama Code / Title 26 / Chapter 26 / Section 26-26-5
Section 26-26-5 Public or Private School Requirements
Status: in_force

No nurse, counselor, teacher, principal, or other administrative official at a public or private school attended by a minor shall do either of the following:

(1) Encourage or coerce a minor to withhold from the minor’s parent or legal guardian the fact that the minor’s perception of his or her gender or sex is inconsistent with the minor’s sex.

(2) Withhold from a minor’s parent or legal guardian information related to a minor’s perception that his or her gender or sex is inconsistent with his or her sex.
Ala. Code § 26-16-98 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-98
Section 26-16-98 Confidentiality of Information and Records
Status: in_force

(a) All information and records acquired by the state team or by a local team, in the exercise of its purpose and duties pursuant to this article, are confidential, exempt from disclosure under Section 41-13-1, and may only be disclosed as necessary to carry out the team’s duties and purposes.

(b) Reports of the state team and of a local team which do not contain any information that would permit the identification of any person to be ascertained shall be public information.

(c) Except as necessary to carry out a team’s purpose and duties, members of a team and persons attending a team meeting may not disclose what transpired at a meeting which is not public under Section 26-16-97, nor shall they disclose any information the disclosure of which is prohibited by this section.

(d) Members of a team, persons attending a team meeting, and persons who present information to a team may release information to such government agencies as is necessary for the purpose of carrying out assigned team duties.

(e) Information, documents, and records of the state team or of a local team are not subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or introduction into evidence through those sources solely because they were presented during proceedings of the team or are maintained by a team.

(f) Moreover, notwithstanding subsections (a) and (b), those criminal records, court records, and other records that have been open to public inspection before September 11, 1997, shall remain open.
Ala. Code § 26-17-704 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-704
Section 26-17-704 Consent to Assisted Reproduction
Status: in_force

(a) Consent by a married woman to assisted reproduction for herself must be in a record signed by the woman and her husband and maintained by the assisting licensed physician. Consent by the husband of a married woman is not required for the donation of eggs by a married woman for assisted reproduction by another woman.

(b) Failure of the husband to sign a consent required by subsection (a), before or after birth of the child, does not preclude a finding that the husband is the father of the child born to his wife if the wife and husband openly held out the child as their own.

(c) The consent of a spouse to assisted reproduction may be withdrawn by that individual at anytime before placement of the donated eggs, sperm, or embryos. The withdrawal must be in a signed record maintained by the licensed assisting physician.
Ala. Code § 26-19-4 — Alabama Code / Title 26 / Chapter 19 / Section 26-19-4
Section 26-19-4 Specific Functions of Bureau
Status: in_force

ACMEC shall be responsible for the following specific functions:

(1) To receive and promptly enter into the Alabama State Law Enforcement Agency’s computer system all reports of law enforcement agencies, and other persons and agencies, of missing children and adults, exploited children, and of unidentified deceased persons, and all pertinent information submitted by the person or agency reporting which is contained in any investigation or investigations conducted pursuant to the report. ACMEC shall promptly enter the information in the NCIC computer network. If a missing person is subsequently found or if an unidentified deceased person is subsequently identified, and the information is reported to the ACMEC, ACMEC shall maintain, as necessary, the data for law enforcement purposes only.

(2) To coordinate with and provide assistance to state and local public and private nonprofit agencies, including those of other states and the federal government, in investigating cases of missing persons, exploited children, and unidentified bodies and to conduct appropriate investigations.

(3) To provide training to law enforcement officers, other professionals, and medical examiners, when available, on issues relating to missing persons, exploited children, and unidentified bodies.

(4) To compile annual statistics on the number of missing persons, exploited children, and unidentified deceased persons in this state.

(5) To develop recommendations for uniform reporting and investigation protocol for law enforcement agencies within this state and the use of computer systems.

(6) To establish and operate a toll free telephone number to assist agencies and individuals in the reporting of missing persons, exploited children, and unidentified deceased persons.

(7) To provide periodic lists, including photographs if available, to the State Board of Education, of all missing school children in this state, grades K-12.

(8) To assist local law enforcement agencies and other agencies to set up direct computer access to the state computer system.

(9) To solicit and collect from the state and local public and private nonprofit agencies in other states and of the national government dealing with missing persons all available lists of missing children grades K-12 for dissemination to the State Board of Education.

(10) To provide all state and local public and private nonprofit agencies in other states or of the national government dealing with missing persons a list of all missing Alabama children, with photographs, if available, for dissemination to the school systems of other states to locate the children.

(11) To act as liaison between private citizens and law enforcement agencies regarding the appropriate procedures for handling and responding to missing person cases and cases involving exploited children.

(12) To assist local law enforcement agencies and community organizations who sponsor programs to fingerprint children by enabling parents to retain a permanent fingerprint record of their children for identification purposes.

(13) To assist in the preparation and dissemination of fliers of missing persons, exploited children, and their abductors.

(14) To operate a resource center of information regarding prevention of abduction and sexual exploitation of children.
Ala. Code § 26-2A-117 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-117
Section 26-2A-117 Jurisdiction of Court
Status: in_force

The court has continuing jurisdiction to revoke or modify an order made pursuant to this division upon a petition filed, noticed, and heard in the same manner as the original petition was filed.
Ala. Code § 26-2A-73 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-73
Section 26-2A-73 Court Appointment of Guardian of Minor; Conditions for Appointment
Status: in_force

(a) The court may appoint a guardian for an unmarried minor if all parental rights have been terminated or suspended by circumstances or prior order of a court having jurisdiction; unless a custodian has been appointed under Section 26-18-8, or otherwise by the juvenile court when parental rights have been terminated or suspended. A guardian appointed pursuant to Section 26-2A-71 whose appointment has not been prevented or nullified under Section 26-2A-72 has priority over any guardian who may be appointed by the court, but the court may proceed with another appointment upon a finding that the parental nominee has failed to accept the appointment within 30 days after notice of the guardianship proceeding.

(b) If necessary, and on appropriate petition or application, the court may appoint a temporary guardian who shall have the full authority of a general guardian of a minor, but the authority of a temporary guardian may not last longer than six months. The appointment of a temporary guardian for a minor may occur even though the conditions described in subsection (a) have not been established.
Ala. Code § 26-1A-209 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-209
Section 26-1A-209 Operation of Entity or Business
Status: in_force

Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorizes the agent to:

(1) operate, buy, sell, enlarge, reduce, or terminate an ownership interest;

(2) perform a duty or discharge a liability and exercise in person or by proxy a right, power, privilege, or option that the principal has, may have, or claims to have;

(3) enforce the terms of an ownership agreement;

(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party because of an ownership interest;

(5) exercise in person or by proxy, or enforce by litigation or otherwise, a right, power, privilege, or option the principal has or claims to have as the holder of stocks and bonds;

(6) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party concerning stocks and bonds;

(7) with respect to an entity or business owned solely by the principal:

(A) continue, modify, renegotiate, extend, and terminate a contract made by or on behalf of the principal with respect to the entity or business before execution of the power of attorney;

(B) determine:

(i) the location of its operation;

(ii) the nature and extent of its business;

(iii) the methods of manufacturing, selling, merchandising, financing, accounting, and advertising employed in its operation;

(iv) the amount and types of insurance carried; and

(v) the mode of engaging, compensating, and dealing with its employees and accountants, attorneys, or other advisors;

(C) change the name or form of organization under which the entity or business is operated and enter into an ownership agreement with other persons to take over all or part of the operation of the entity or business; and

(D) demand and receive money due or claimed by the principal or on the principal’s behalf in the operation of the entity or business and control and disburse the money in the operation of the entity or business;

(8) put additional capital into an entity or business in which the principal has an interest;

(9) join in a plan of reorganization, consolidation, conversion, domestication, or merger of the entity or business;

(10) sell or liquidate all or part of an entity or business;

(11) establish the value of an entity or business under a buy-out agreement to which the principal is a party;

(12) prepare, sign, file, and deliver reports, compilations of information, returns, or other papers with respect to an entity or business and make related payments; and

(13) pay, compromise, or contest taxes, assessments, fines, or penalties and perform any other act to protect the principal from illegal or unnecessary taxation, assessments, fines, or penalties, with respect to an entity or business, including attempts to recover, in any manner permitted by law, money paid before or after the execution of the power of attorney.
Ala. Code § 26-2A-34 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-34
Section 26-2A-34 Records and Certified Copies
Status: in_force

The clerk of court shall keep a record for each ward or protected person involved in any document that may be filed with the court under this chapter, including petitions, requests, and any orders or responses by the court relating thereto, and establish and maintain a system for indexing, filing, or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the required fees, the clerk shall issue certified copies of any letters issued to any guardian or conservator or of any other document filed or recorded. Certificates relating to letters must show the date of appointment.
Ala. Code § 26-1B-6 — Alabama Code / Title 26 / Chapter 1B / Section 26-1B-6
Section 26-1B-6 Agreement Requirements
Status: in_force

(a) A supported decision-making agreement shall meet all of the following requirements:

(1) Name at least one supporter.

(2) Describe the decision-making assistance that each supporter may provide to the adult and how supporters may work together.

(3) If the adult is subject to a limited guardianship or conservatorship as provided by Section 26-1B- 7 , be executed by the adult’s guardian or conservator.

(4) Be in writing, dated, and signed by the adult in the presence of a notary public.

(5) Contain a separate consent signed by each supporter named in the agreement indicating each of the following:

a. The supporter’s relationship to the adult.

b. The supporter’s willingness to act as a supporter.

c. The supporter’s acknowledgment of his or her duties as a supporter.

(b) A supported decision-making agreement may do any of the following:

(1) Appoint more than one supporter.

(2) Appoint an alternate supporter to act in the place of a supporter under circumstances specified in the agreement.

(3) Authorize a supporter to share information with any other supporter or others named in the agreement.
Ala. Code § 26-2A-157 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-157
Section 26-2A-157 Personal Liability of Conservator
Status: in_force

(a) Unless otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity and identify the estate in the contract.

(b) The conservator is personally liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if personally at fault.

(c) Claims based on (i) contracts entered into by a conservator in fiduciary capacity, (ii) obligations arising from ownership or control of the estate, or (iii) torts committed in the course of administration of the estate, may be asserted against the estate by proceeding against the conservator in fiduciary capacity, whether or not the conservator is personally liable therefor.

(d) Any question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action.
Ala. Code § 26-2A-135 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-135
Section 26-2A-135 Procedure Concerning Hearing and Order on Original Petition
Status: in_force

(a) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for hearing. If the court determines at any time in the proceeding that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the choice of the minor if 14 or more years of age. An attorney appointed by the court to represent a minor may be granted the powers and duties of a guardian ad litem.

(b) Upon receipt of a petition for appointment of a conservator or other protective order for reasons other than minority, the court shall set a date for hearing. Unless the person to be protected has chosen counsel, the court shall appoint an attorney to represent the person who may be granted the powers and duties of a guardian ad litem. If the alleged disability is mental illness, mental deficiency, physical illness or disability, physical or mental infirmities accompanying advanced age, chronic use of drugs, or chronic intoxication, the court must direct that the person to be protected be examined by a physician or other qualified person designated by the court, preferably one who is not connected with any institution in which the person is a patient or is detained. The court may send a court representative to interview the person to be protected. The court representative may be a guardian ad litem or an officer or employee of the court.

(c) The court may utilize, as an additional court representative, the service of any public or charitable agency to evaluate the condition of the person to be protected and make appropriate recommendations to the court.

(d) The person to be protected is entitled to be present at the hearing in person. When the person to be protected is not present in person at the hearing, the court, before proceeding at the hearing in the person’s absence, must determine that the person’s absence is in the best interest of the person to be protected. At the request of the person to be protected, the person is entitled to be represented by counsel, at the person’s expense, to present evidence, to cross-examine witnesses, including any court-appointed physician or other qualified person and any court representative, and upon demand to trial by jury as provided in Section 26-2A-35. The issue may be determined at a closed hearing if the person to be protected or counsel for the person so requests.

(e) Any person may apply for permission to participate in the proceeding and the court may grant the request, with or without hearing, upon determining that the best interest of the person to be protected will be served thereby. The court may attach appropriate conditions to the permission.

(f) After hearing, upon finding that a basis for the appointment of a conservator or other protective order has been established, the court shall make an appointment or other appropriate protective order.
Ala. Code § 26-23G-4 — Alabama Code / Title 26 / Chapter 23G / Section 26-23G-4
Section 26-23G-4 Injunctive Relief
Status: in_force

(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 attempted to be performed.

(2) An individual who is the spouse, parent, or guardian of, or a current or former licensed health care provider of, a woman upon whom such a dismemberment abortion was performed or attempted to be performed.

(3) A prosecuting attorney with appropriate jurisdiction.

(b) The injunction shall prevent the defendant from performing or attempting to perform further dismemberment abortions in violation of Section 26-23G-3.
Ala. Code § 26-1-1 — Alabama Code / Title 26 / Chapter 1 / Section 26-1-1
Section 26-1-1 Age of Majority Designated as 19 Years
Status: in_force

(a) Any person in this state, at the arrival at the age of 19 years, shall be relieved of his or her disabilities of minority and thereafter shall have the same legal rights and abilities as persons over 21 years of age. No law of this state shall discriminate for or against any person between and including the ages of 19 and 21 years solely on the basis of age.

(b) This section shall also apply to any person who arrived at the age of 19 and 20 years before July 22, 1975, but shall not abrogate any defense or abridge any remedy available to him or her prior to such date.

(c) All laws or parts of laws which read “under the age of 21 years” hereafter shall read “under the age of 19 years.” Wherever the words “under the age of 21 years” appear in any law limiting the legal rights and abilities of persons under such age, such words shall be construed to mean under the age of 19 years.

(d) Notwithstanding subsection (c), nothing in this section shall be deemed to repeal any provision of Chapter 19 of Title 15.

(e) Notwithstanding subsection (a), or any other provision of law to the contrary, a person who is 18 years of age or older may consent to participate in research conducted by a college or university that is accredited by a federally recognized accrediting agency if the research has been approved by the Institutional Review Board of the institution.

(f) Notwithstanding subsection (a), an unemancipated minor who is 18 years old and of sound mind, notwithstanding his or her minority, may enter into a binding contract as may be exercised by an individual of full legal age. The minor, by reason of his or her minority, may not rescind, avoid, or repudiate the contract or rescind, avoid, or repudiate any exercise of a right or privilege under the contract.
Ala. Code § 26-10E-8 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-8
Section 26-10E-8 Consent to Adoption or Relinquishment for Adoption - by a Minor Parent
Status: in_force

(a) Prior to a minor parent’s giving express consent to an adoption or executing a relinquishment for adoption, a guardian ad litem shall be appointed to represent the interest of the minor parent whose consent is required. Any minor parent, 14 years of age or older, may nominate a guardian ad litem either prior to the birth of the adoptee or thereafter.

(b) A minor parent may give his or her implied consent to an adoption in the same manner as an adult parent under Section 26-10E-9. If a court finds by clear and convincing evidence that a minor parent has given implied consent to the adoption, the appointment of a guardian ad litem shall not be necessary. The implied consent of a minor parent may not be withdrawn.

(c) The express or implied consent of, or relinquishment by, a minor parent shall not be subject to revocation by reason of such minority.
Ala. Code § 26-21-5 — Alabama Code / Title 26 / Chapter 21 / Section 26-21-5
Section 26-21-5 Medical Emergencies
Status: in_force

This chapter shall not apply when, in the best clinical judgment of the attending physician on the facts of the case before him, a medical emergency exists that so compromises the health, safety, or well-being of the mother as to require an immediate abortion. A physician who does not comply with Sections 26-21-3 and 26-21-4 by reason of this exception shall state in the medical record of the abortion, the medical indications on which his or her judgment was based.
Ala. Code § 26-23H-6 — Alabama Code / Title 26 / Chapter 23H / Section 26-23H-6
Section 26-23H-6 Violations
Status: in_force

(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.
Ala. Code § 26-5-36 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-36
Section 26-5-36 Statement of Account by Court Upon Failure of Conservator or Personal Representative to File Accounts and Vouchers After Notice
Status: in_force

If a conservator, after notice, fails to file his or her accounts and vouchers for a final or partial settlement or if the personal representative of a conservator, after notice, fails to file the accounts and vouchers of his or her testator or intestate for final settlement, the court of probate has authority to state an account against the conservator or against his or her personal representative from the materials on file or of record in the court and from such evidence as may be adduced, charging such conservator with all wherewith he or she is by law chargeable and crediting him or her with all wherewith by law he or she ought to be credited.
Ala. Code § 26-16-96 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-96
Section 26-16-96 Local Child Death Review Teams
Status: in_force

(a) There are hereby created local child death review teams.

(b) Each county of the state shall be included in a local multidisciplinary, multiagency child death review team’s jurisdiction. The district attorney shall initiate the establishment of local teams by convening a meeting of potential team members within 60 days of September 11, 1997. In the absence of the initiation of a child death review team by the district attorney within 60 days of September 11, 1997, the local public health representative will initiate the first team meeting. During this meeting, participants shall recommend whether to establish a team for that county alone or to establish a team with and for the counties within that judicial circuit.

(c) The local team shall include, but not be limited to, all of the following members, the first five of whom are ex officio. The ex officio members may designate representatives from their particular departments or offices to represent them on the local team who may vote and exercise all other prerogatives of the appointment. The members of the local team include the following:

(1) The county health officer.

(2) The director of the county department of human resources.

(3) The county district attorney.

(4) The medical examiner.

(5) The local coroner.

(6) An investigator with a local sheriff’s department who is familiar with homicide investigation.

(7) An investigator with a local police department who is familiar with homicide investigation.

(8) A pediatrician, or if no pediatrician is available a primary care physician, appointed by the county medical society.

(9) A representative from a local child advocacy center, if one exists.

(d) The local team shall select a chair from among its members. The chair shall serve a term of three years and may serve more than one consecutive term.

(e) Members who are not ex officio shall serve for a three-year term and may succeed themselves but shall not serve more than two consecutive terms. Terms for these members shall be staggered.

(f) The initial meeting of the local team shall be held within 60 days of September 11, 1997.

(g) A quorum for conducting all activities shall be determined by the local team. A simple majority of members present constituting a quorum shall be required for any affirmative vote.

(h) The purpose of the local team is to decrease the incidence of unexpected/unexplained child injury and death by the following means:

(1) Identifying factors which make a child at risk of injury or death.

(2) Sharing information among the agencies which provide services to children and families or which investigate child deaths or provide services.

(3) Improving local investigations of unexpected/unexplained child deaths by participating agencies.

(4) Improving existing services and systems and assisting in the establishment of additional services and systems to fill in gaps in the community.

(5) Identifying trends relevant to unexpected/unexplained child injury and death.

(6) Educating the local public regarding the incidence and causes of child injury and death and the public role in aiding and reducing the risk of such injuries and deaths.

(i) To achieve its purpose, the local team shall perform all the following duties and functions:

(1) Establish and implement a protocol for the local team within two months of receipt of the model protocols from the state team as required by Section 26-16-93.

(2) Respond by recording all child deaths and reviewing individual unexpected/unexplained child deaths in accordance with protocols from the state team.

(3) Meet as deemed necessary by the local chair, but not less than annually, to review the status of unexpected/unexplained child death cases, propose recommendations for improving coordination of services and investigations between member agencies, and propose changes within the member agencies which shall reduce the risk and incidence of unexpected/unexplained child injury and death.

(4) Collect data as required for submittal to the state team.

(5) Provide reports to the state team following each team meeting which shall include data on child deaths, steps taken to improve coordination of services and investigations, steps taken to implement changes within member agencies, and advice on needed changes to law, policy, and practice which shall aid in reducing the risk and incidence of child injury and death.

(j) At a local team meeting to review unexpected/unexplained child deaths, information shall be provided as specified below, except where otherwise protected by statute, to carry out each of the following of the local team’s purpose and duties:

(1) The providers of medical care, the physician representative, or the medical examiner, shall provide pertinent health and medical information regarding a child whose death is being reviewed by the local team.

(2) State, county, or local government agencies shall provide all of the following data on forms developed by the state team for reporting to local child death review teams:

a. Birth information for children who died at less than one year of age including confidential information collected for medical and health use.

b. Death information for children who have not reached their eighteenth birthday.

c. Law enforcement investigative data, medical examiner investigative data, parole and probation information, and records.

d. Medical care, including dental, mental, and prenatal health care.

e. Pertinent information from any social services agency that provided services to the child or family.
Ala. Code § 26-10F-13 — Alabama Code / Title 26 / Chapter 10F / Section 26-10F-13
Section 26-10F-13 Dispositional Hearing; Final Judgment
Status: in_force

(a) The petition for adoption shall be set for a dispositional hearing within a reasonable period after the filing of the petition and all necessary documents, including an investigative report if ordered by the court.

(b) The court shall enter an order establishing a date, time, and place for the hearing on the petition, and each petitioner and the individual to be adopted shall appear at the hearing in person. If the court determines that such appearance is impossible or impractical, appearance may be made by electronic means, upon good cause shown to the court.

(c) At the dispositional hearing, the court shall grant a final judgment of adoption if it finds each of the following based on clear and convincing evidence:

(1) The adoptee meets one of the qualifications under Section 26-10F-6.

(2) The required consents and all other necessary documents have been properly executed and have been filed with the court. The necessary documents shall include, but are not limited to, each of the following:

a. The petition for adoption.

b. All required consents.

c. Proof of service of notice on all persons required to receive notice.

d. Marriage certificates of the petitioners and adoptee, if applicable.

e. Copies of certified birth certificates or the equivalent thereof of each petitioner and adoptee, issued within six months of the filing of the petition.

f. The Alabama Report of Adoption Form.

g. Proof of incapacity or total and permanent disability, if applicable.

h. Proof of kinship or a de facto parent and child relationship pursuant to Section 26-10F-6, if applicable.

i. Any other documentation required by the court.

(3) Any contests have been resolved in favor of the petitioner or petitioners.

(4) That each petitioner is a suitable adopting parent and desires to establish a legal parent and child relationship between himself or herself and the adoptee.

(5) That all parties, to the best of their ability, understand the significance and ramifications of the adoption and are not acting under duress, coercion, or undue influence.

(6) That the best interest of the adoptee is served by the adoption and that there is no reason in the public interest or otherwise why the petition should not be granted.

(7) That all other requirements of this chapter have been met.

(d) If all the requirements of subsection (c) are met, the court may enter its finding in a written final judgment of adoption, granting the petition for adoption.

(e) The final judgment of adoption shall terminate the parent and child relationship of one or both of the legal parents of the adoptee and shall order the substitution of the name of each legal parent whose relationship has been terminated on the amended birth certificate with the name of each petitioner. There shall be no more than two individuals named as petitioner.

(f) If the court grants the adoptee’s request for a new name, the adoptee’s new name shall be included in the final judgment of adoption and placed on the amended birth certificate.

(g) The final judgment of adoption shall further order that from the date of the judgment of adoption, the adoptee shall be the child of the petitioner or petitioners, and that the adoptee shall be accorded the status set forth in Section 26-10F-16(b).

(h) A final judgment of adoption may not be collaterally attacked after the expiration of one year from the entry of the final judgment of adoption, and after all appeals, if any, except in each of the following situations:

(1) Fraud relating to the adoption proceedings.

(2) The adoptee has been kidnapped.

(3) An adoptive parent subsequent to the final judgment of adoption has been convicted of a sexual offense, as provided in Section 15-20A-5, involving the adoptee.
Ala. Code § 26-10-26 — Alabama Code / Title 26 / Chapter 10 / Section 26-10-26
Section 26-10-26 Subsidies - Report; Modification of Subsidy; Review; Duration of Subsidy
Status: in_force

(a)(1) The department may require the adoptive parent or parents to submit a report, annually or at a time or times specified in the agreement or when the department is investigating an allegation of improperly received benefits. The parent shall state in the report that the child remains under their care and any change in the conditions or circumstances of the adopting parent or the needs of the child. The subsidy agreement shall continue according to its terms, except as provided by this article. The department may confirm the accuracy and veracity of the report from any reliable sources of information concerning the adoptive family and child, including any governmental or private agency that serves the area in which the child resides. If the report or information received by the department indicates a substantial change in the conditions that existed when the adoption subsidy agreement was signed, the department may, after notice and with the agreement of the adoptive parent or parents, modify the adoption subsidy agreement, service, subsidy payment, or any combination thereof.

(2) The parent may request a review based upon a substantial change in condition since the last adoption subsidy agreement was signed.

(b)(1) The term of any adoption subsidy agreement under this article, including any extension of the original term, and any subsidy payment ends when any of the following events occurs:

a. The child becomes 18 years of age.

b. The adoptive parent or parents are no longer legally responsible for support of the child.

c. The child is no longer receiving support from the adoptive parent or adoptive parents.

d. The child becomes emancipated.

e. The child dies.

f. The child’s adoption is terminated.

g. The adoptive parent or parents request termination of the subsidy agreement.

h. The child is no longer the legal dependant of the adoptive parent or parents.

i. The child is no longer considered to have the condition or conditions that caused the child to be certified for payment.

j. The reduction or termination of funding.

(2) The department shall continue the adoption subsidy payments in amounts determined by agreement among the department, the child, and the adoptive parents, for children adopted after age 16 during the time after the child becomes 18 years of age and up to the time the child reaches 21 years of age if any of the following occurs:

a. The child is enrolled or completing an education in a program leading to an equivalent credential in any of the following:

1. A secondary school.

2. A public or private institution of higher education.

3. A course of career or technical education.

4. The child is participating in a program or activity designed to promote or remove barriers to employment.

5. The child is employed for at least 80 hours per month.

b. The child has a physical disability or a mental disability and is in need of continued support.

c. The child is incapable of attending school, a training program, or employment due to a medical condition.
Ala. Code § 26-14-2 — Alabama Code / Title 26 / Chapter 14 / Section 26-14-2
Section 26-14-2 Purpose of Chapter
Status: in_force

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 through the cooperation of state, county, local agencies and divisions of government, protective services shall be made available in an effort to prevent further abuses and neglect, to safeguard and enforce the general welfare of such children, and to encourage cooperation among the states in dealing with the problems of child abuse.
Ala. Code § 26-17-605 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-605
Section 26-17-605 Venue
Status: in_force

Venue for a proceeding to adjudicate parentage is in the county of this state in which:

(1) the child resides;

(2) the defendant resides;

(3) a proceeding for probate or administration of the presumed or alleged father’s estate has been commenced; or

(4) the plaintiff resides, only if the circumstances in subdivisions (1), (2), or (3) do not apply.
Ala. Code § 26-2A-5 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-5
Section 26-2A-5 Construction Against Implied Repeal
Status: in_force

This chapter is a general act intended as a unified coverage of its subject matter and no subsequent legislation shall be construed to repeal by implication any part of this chapter if that construction reasonably can be avoided.
Ala. Code § 26-17-101 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-101
Section 26-17-101 Short Title
Status: in_force

This chapter may be cited as the Alabama Uniform Parentage Act (2008).
Ala. Code § 26-2A-112 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-112
Section 26-2A-112 Definitions
Status: in_force

For the purposes of this division, the following terms have the following meanings:

(1) RELATIVE. A sibling, child, parent, grandparent, or grandchild of a ward or a person who shares this same relationship through adoption or a spouse of the ward.

(2) VISITATION. Any in-person meeting or any telephonic mail or electronic communication between a ward and his or her relative.

(3) VISITATION ORDER. An order issued by the court after notice and hearing regarding the visitation with a ward by his or her relative specifying the approval or disapproval of any visitation and the specifics of that visitation including, but not limited to, the time, place, and manner of the visitation.

(4) WARD. An adult who is a ward as defined in Section 26-2A-20.
Ala. Code § 26-1-3.1 — Alabama Code / Title 26 / Chapter 1 / Section 26-1-3.1
Section 26-1-3.1 Blood Donations by Persons 17 or Older; Blood Donations by Persons 16 Years of Age; Blood or Plasma Donations by Persons 18 or Older
Status: in_force

(a) A person who is 17 years of age or older may consent to donate blood in a voluntary and noncompensatory blood donation program without the permission of a parent or guardian. The consent is not subject to later disaffirmance because of minority.

(b) A person who is 16 years of age may donate blood in a voluntary and noncompensatory blood donation program if the person obtains written permission from the person’s parent or guardian.

(c) A person 18 years of age or older may consent to donate blood or plasma without the permission of a parent or guardian. The consent is not subject to later disaffirmance because of minority.
Ala. Code § 26-2A-104 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-104
Section 26-2A-104 Who May Be Guardian; Priorities
Status: in_force

(a) Any qualified person may be appointed guardian of an incapacitated person.

(b) Unless lack of qualification or other good cause dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated person’s most recent nomination in a durable power of attorney.

(c) Except as provided in subsection (b), the following are entitled to consideration for appointment in the order listed:

(1) The spouse of the incapacitated person or a person nominated by will of a deceased spouse or by other writing signed by the spouse and attested by at least two witnesses or acknowledged;

(2) An adult child of the incapacitated person;

(3) A parent of the incapacitated person, or a person nominated by will of a deceased parent or by other writing signed by a parent and attested by at least two witnesses or acknowledged;

(4) Any relative of the incapacitated person with whom the person has resided for more than six months prior to the filing of the petition; and

(5) A person nominated by the person who is caring for or paying for the care of the incapacitated person.

(d) With respect to persons having equal priority, the court shall select the one it deems best suited to serve. The court, acting in the best interest of the incapacitated person may pass over a person having priority and appoint a person having a lower priority or no priority.
Ala. Code § 26-10B-8 — Alabama Code / Title 26 / Chapter 10B / Section 26-10B-8
Section 26-10B-8 Department to Provide Coverage and Benefits Not Provided by Residence State; Procedure for Reimbursement
Status: in_force

The State Department of Human Resources shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the State Department of Human Resources for coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child must obtain prior approval from the State Department of Human Resources and may submit evidence of payment for services or benefit amounts not payable in the residence state and shall be reimbursed therefor. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The State Department of Human Resources shall make regulations implementing this section. Among other things, such regulations shall include procedures to be followed in obtaining prior approvals for service in those instances where required for the assistance.
Ala. Code § 26-5-1 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-1
Section 26-5-1 Jurisdiction
Status: in_force

The court of probate from which the appointment of a conservator is derived has jurisdiction of the settlement, partial or final, of the accounts of the conservator.
Ala. Code § 26-17A-2 — Alabama Code / Title 26 / Chapter 17A / Section 26-17A-2
Section 26-17A-2 Claim for Damages Against Court Rendering Initial Order of Paternity
Status: in_force

In any decree setting aside an order of paternity pursuant to this chapter, there shall be no claim for damages against the court rendering the initial order of paternity nor any reimbursement or recoupment of money or damages against the mother, the state, or any employee or agent of the state.
Ala. Code § 26-10E-36 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-36
Section 26-10E-36 Application of Court Rules
Status: in_force

Except as expressly provided in this chapter, the Alabama Rules of Civil Procedure and the Alabama Rules of Evidence apply in any case brought under this chapter, including cases transferred to a juvenile court.
Ala. Code § 26-2A-70 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-70
Section 26-2A-70 Appointment and Status of Guardian of Minor
Status: in_force

A person may become a guardian of a minor by parental appointment or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of the guardian or minor ward.
Ala. Code § 26-10E-7 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-7
Section 26-10E-7 Consent to Adoption or Relinquishment for Adoption - Persons from Whom Consent Is Required
Status: in_force

(a) Consent to the petitioner’s adoption or relinquishment for adoption to the State Department of Human Resources or a licensed child-placing agency shall be required by all of the following:

(1) The adoptee, if 14 years of age or older, except when the court finds that the adoptee does not have the mental capacity to give consent.

(2) The adoptee’s legal mother or mothers.

(3) The adoptee’s legal father or fathers.

(4) If the adoptee has no legal father, the putative father if made known by the mother or is otherwise made known to the court, provided he complies with Section 26-10C-1 and responds within 30 days to the notice received under Section 26-10E-17(a).

(5) Any legal custodian or legal guardian of the adoptee if both parents are dead or presumed dead, if the rights of the parents have been terminated by judicial proceedings, or if the consent of both parents is otherwise not required pursuant to Section 26-10E-10, and if any legal custodian or legal guardian has authority by order of the court to consent to the adoption except that the court may grant the adoption without the consent of that legal custodian or legal guardian if the court determines that such consent was unreasonably withheld.

(6) The State Department of Human Resources or the county department of human resources, if the minor has been relinquished to the State Department of Human Resources or county department of human resources for the purposes of adoption or it otherwise holds temporary or permanent custody of the minor, except that the court may grant the adoption without the consent of the State Department of Human Resources or the county department of human resources if the adoption is in the best interest of the adoptee and the court finds that the State Department of Human Resources or the county department of human resources has unreasonably withheld consent.

(7) The licensed child-placing agency to which the child has been relinquished for adoption, except that the court may grant the adoption without the consent of the agency if the adoption is in the best interest of the adoptee and there is a finding by the court the agency has unreasonably withheld its consent.

(b) The Director of the State Department of Human Resources, the director of the county department of human resources, or the designee of either director, and the executive head of a licensed child-placing agency may appoint an employee of the department or agency to give or to deny consent for adoption of the adoptee.

(c) Notwithstanding any law to the contrary, a court with jurisdiction over a case under this chapter shall have the power to determine the biological or legal parentage of a minor to ascertain whose consent shall be required or to adjudicate any other claim or issue in the case.
Ala. Code § 26-23E-9 — Alabama Code / Title 26 / Chapter 23E / Section 26-23E-9
Section 26-23E-9 Abortion or Reproductive Health Center Requiremetns
Status: in_force

An abortion or reproductive health center shall be classified as ambulatory health care occupancy and shall meet all standards in the NFPA 101 Life Safety Code 2000 edition, or such standards in any later edition of the NFPA 101 Life Safety Code that the Board of Health may adopt for facilities classified as ambulatory health care occupancy. Not later than December 28, 2013, each licensed abortion or reproductive health center shall submit to the Department of Public Health architectural drawings and plans and sprinkler system plans and such other materials as may be required to show compliance or prospective compliance with the applicable life safety code. These shall be submitted and reviewed pursuant to the Board of Health Rules for Plan Review, including the payment of plan review fees. Not later than July 1, 2014, each abortion or reproductive health center shall obtain from the Department of Public Health a certificate of completion which shall certify that the facility meets all ambulatory health care occupancy standards in the applicable NFPA 101 Life Safety Code, as well as all other life safety and building standards required by law or rule. Any facility that fails to submit architectural drawings and plans, sprinkler system plans, and such other materials as may be required to the Department of Public Health within the deadline for such submission shall have its license revoked. Any facility that fails to obtain a certificate of occupancy within the deadline for obtaining such certificate shall have its license revoked.
Ala. Code § 26-24-24 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-24
Section 26-24-24 Entities That May Participate
Status: in_force

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 prekindergarten programs.

(6) Existing nonprofit prekindergarten programs.

(7) Any other entities or programs approved by the office.
Ala. Code § 26-1A-206 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-206
Section 26-1A-206 Stocks and Bonds
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to:

(1) buy, sell, and exchange stocks and bonds;

(2) establish, continue, modify, or terminate an account with respect to stocks and bonds;

(3) pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal;

(4) receive certificates and other evidences of ownership with respect to stocks and bonds; and

(5) exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.
Ala. Code § 26-23-2 — Alabama Code / Title 26 / Chapter 23 / Section 26-23-2
Section 26-23-2 Definitions
Status: in_force

As used in this chapter, the following terms shall have the following meanings:

(1) FATHER. The biological father of the human fetus.

(2) MOTHER. The female who is pregnant with a live human fetus which may be subject to a partial-birth abortion under this chapter.

(3) PARTIAL-BIRTH ABORTION. An abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.

(4) PHYSICIAN. A doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the state or any other individual legally authorized by the state to perform abortions. This definition shall also include any individual who is not a physician or is not otherwise legally authorized by the state to perform abortions, but who nevertheless performs a partial-birth abortion.
Ala. Code § 26-23-5 — Alabama Code / Title 26 / Chapter 23 / Section 26-23-5
Section 26-23-5 Civil Action
Status: in_force

The father, if married to the mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus, may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct or the plaintiff consented to the abortion. The relief shall be limited to monetary compensation for all injuries, psychological and physical, occasioned by a violation under this chapter and monetary punitive compensation as allowed by law.
Ala. Code § 26-23E-6 — Alabama Code / Title 26 / Chapter 23E / Section 26-23E-6
Section 26-23E-6 Patient Care
Status: in_force

All patient care in an abortion or reproductive health center must be rendered in accordance with all applicable federal, state, and local laws, State Board of Health rules, State Board of Medical Examiners rules, and current standards of care, including all professional standards of practice.
Ala. Code § 26-17-308 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-308
Section 26-17-308 Challenge After Expiration of Period for Rescission
Status: in_force

(a) After the period for rescission under Section 26-17-307 has expired, a signatory of an acknowledgment of paternity may commence a proceeding to challenge the acknowledgment only:

(1) on the basis of fraud, duress, or material mistake of fact; or

(2) in the same manner as provided in Section 26-17A-1.

(b) A party challenging an acknowledgment of paternity has the burden of proof.
Ala. Code § 26-16-115 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-115
Section 26-16-115 Duties of County Coroner or Medical Examiner
Status: in_force

(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 examination.

(c) The county coroner or medical examiner shall contact the appropriate law enforcement personnel to conduct a death investigation according to the protocol developed by the SUIDI Team. The investigation shall be initiated within 24 hours of the time the appropriate law enforcement personnel is contacted.

(d) The county coroner or medical examiner shall send a copy of the SUIDI Team approved investigative form to the forensic pathologist conducting the autopsy.
Ala. Code § 26-10F-8 — Alabama Code / Title 26 / Chapter 10F / Section 26-10F-8
Section 26-10F-8 Petition for Adoption
Status: in_force

(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 place and date of their marriage.

(2) The date and place of birth of the adoptee.

(3) The birth name of the adoptee, any other names by which the adoptee has been known, and the adoptee’s proposed new name.

(4) Where the adoptee is residing at the time of the filing of the petition.

(5) That each petitioner desires to establish a legal parent and child relationship between himself or herself and the adoptee and that he or she is a fit and proper individual able to care for and provide for the adoptee’s welfare.

(6) The existence and nature of any prior court orders known to the petitioner which could affect the adoption of the adoptee.

(7) The relationship, if any, of each petitioner to the adoptee.

(8) The name and address of any agency, if any, providing care for the adoptee.

(9) The names and addresses of all individuals known to the petitioner at the time of filing from whom consents or notice to the adoption are required.

(10) The name and address of the spouse of the adoptee, if any.

(b) The caption of a petition for adult adoption shall be styled “In the Matter of the Adoption Petition of _____.” Each petitioner shall be designated in the caption. There shall be no more than two petitioners.

(c) The petition shall be accompanied by each of the following:

(1) A certified copy of the adoptee’s birth certificate.

(2) Certified documentation that establishes proof of a marriage of the adoptee, if applicable.

(3) Certified documentation that establishes proof of a marriage of the petitioners, if applicable.

(4) Should common law marriage be alleged, any documentation upon which the petitioners rely to prove the existence of the common law marriage.
Ala. Code § 26-5-38 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-38
Section 26-5-38 Proceedings Upon Appearance; Filing of Accounts and Vouchers, Etc., by Conservator or Personal Representative on Appointed Day
Status: in_force

If, on or before the day so appointed, the conservator, or the personal representative of the conservator, if the account is stated against such representative, appears and files his or her accounts and vouchers for settlement and pays such costs as have accrued under the proceedings, the court must set aside such proceedings and proceed to settlement in the manner prescribed by law on the accounts and vouchers so filed.
Ala. Code § 26-1A-118 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-118
Section 26-1A-118 Agent’s Resignation; Notice
Status: in_force

Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:

(1) to the conservator, or guardian if there is no conservator, if either has been appointed for the principal and a co-agent or successor agent; or

(2) if there is no person described in paragraph (1):

(A) the principal’s caregiver;

(B) another person reasonably believed by the agent to have sufficient interest in the principal’s welfare; or

(C) a governmental agency having authority to protect the welfare of the principal.
Ala. Code § 26-23B-3 — Alabama Code / Title 26 / Chapter 23B / Section 26-23B-3
Section 26-23B-3 Definitions
Status: in_force

For purposes of 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 to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child, and which causes the premature termination of the pregnancy.

(2) ATTEMPT TO PERFORM OR INDUCE AN ABORTION. An act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of this chapter.

(3) FERTILIZATION. The fusion of a human spermatozoon with a human ovum.

(4) MEDICAL EMERGENCY. A condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy without first determining postfertilization age to avert her death or for which the delay necessary to determine postfertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition shall be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.

(5) POSTFERTILIZATION AGE. The age of the unborn child as calculated from the fertilization of the human ovum.

(6) REASONABLE MEDICAL JUDGMENT. A medical judgment that would be made by a reasonable prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

(7) PHYSICIAN. Any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state.

(8) PROBABLE POSTFERTILIZATION AGE OF THE UNBORN CHILD. What, in reasonable medical judgment, will with reasonable probability be the postfertilization age of the unborn child at the time the abortion is planned to be performed or induced.

(9) UNBORN CHILD or FETUS. An individual organism of the species homo sapiens from fertilization until live birth.

(10) WOMAN. A female human being whether or not she has reached the age of majority.
Ala. Code § 26-10E-18 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-18
Section 26-10E-18 Custody Ending Final Decree
Status: in_force

(a) Once a petitioner or petitioners has received an adoptee into his or her home for the purposes of adoption and a petition for adoption has been filed, an interlocutory order may be entered delegating to the petitioner or petitioners both of the following:

(1) Physical custody, except legal custody shall be retained by the county department of human resources or the licensed child-placing agency that held legal custody at the time of the placement until the entry of final judgment of adoption.

(2) The responsibility for the care, maintenance, and support of the adoptee, including any necessary medical or surgical treatment, pending further order of the court.

(b) This interlocutory order shall not stop the running of the time periods prescribed in Section 26-10E-9.
Ala. Code § 26-10F-15 — Alabama Code / Title 26 / Chapter 10F / Section 26-10F-15
Section 26-10F-15 Closed Hearings; Confidentiality of Records
Status: in_force

(a) If determined to be in the best interest of the adoptee or parties, the court may determine a hearing shall be closed.

(b) Upon motion by the adoptee or parties and for good cause shown, the court shall have jurisdiction to issue any orders deemed necessary to protect the confidentiality of the adoption or adoption proceedings, including, but not limited to, any protective order or injunction to prevent or limit the dissemination of any information contained in confidential or sealed records or any other information identifying the adoptee, the parties, or the witnesses in an adoption proceeding. Part or all of the record may also be sealed pursuant to procedure established by applicable statute, rule, and existing case law.

(c) When the court enters a final judgment of adoption, the court shall send a copy of the certified final judgment of adoption to the State Department of Human Resources in the manner prescribed by Section 26-10F-17(a).
Ala. Code § 26-1-3 — Alabama Code / Title 26 / Chapter 1 / Section 26-1-3
Section 26-1-3 Blood Donations by Persons 17 or Older
Status: reserved

REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-51 EFFECTIVE JULY 1, 2015.
Ala. Code § 26-3-1 — Alabama Code / Title 26 / Chapter 3 / Section 26-3-1
Section 26-3-1 Generally
Status: in_force

Before the issue of letters of conservatorship, other than letters to the general conservator or to the sheriff, the judge of probate must require the conservator appointed to enter into bond with sufficient sureties, payable to the judge of probate, in a penalty prescribed by him.
Ala. Code § 26-1A-104 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-104
Section 26-1A-104 Power of Attorney Is Durable
Status: in_force

A power of attorney to which this chapter applies is durable, unless it expressly provides that it is terminated by the incapacity of the principal.
Ala. Code § 26-10B-1 — Alabama Code / Title 26 / Chapter 10B / Section 26-10B-1
Section 26-10B-1 Legislative Findings
Status: in_force

The Legislature finds that:

(1) Finding adoptive families for children, for whom adoption assistance is desirable, and assuring the protection of the interests of the children affected during the entire assistance period requires special measures when the adoptive parents move to other states or are residents of another state; and

(2) The provision of medical and other necessary services for children, with state assistance, encounters special difficulties when the provision of services takes place in other states.
Ala. Code § 26-16-30 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-30
Section 26-16-30 Creation of Fund; Purpose; Investment; Disposition
Status: in_force

(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 Neglect Prevention Board pursuant to Sections 26-16-8, 26-16-31, and 26-16-30(e).

(b) The State Treasurer shall credit to the trust fund all amounts appropriated for this purpose under this article and any amounts received under Section 26-16-8.

(c) The State Treasurer shall invest trust fund money in the same manner as funds are invested pursuant to Section 16-33C-6. Earnings shall be credited to the trust fund.

(d) A separate revenue trust account in the State Treasury is created to be known as the Child Abuse and Neglect Prevention Board Operations Fund which shall serve as the administrative fund for the Children’s Trust Fund and the Child Abuse and Neglect Prevention Board. All State General Fund or Education Trust Fund appropriations designated for the trust fund or board shall be deposited directly into this fund. The fund shall be disbursed only by warrant of the state Comptroller, upon itemized vouchers, approved by the executive director or the chairman of the board. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, and only in the amounts as appropriated by the Legislature.

(e) One half of the funds received each year through the income tax refund designation program established in Section 26-16-31, and other amounts specified by motions passed by the board, are not available for transfer into the operations fund and shall become a permanent part of the trust fund. All other funds received by the trust fund after September 30, 1988, including earnings credited after September 30, 1987, and one half of the funds received each year through the income tax refund designation program shall be transferred to the operations fund. The executive director or chairman of the board is authorized to transfer all eligible funds from the trust fund into the operations fund for the purpose of disbursing the funds in accordance with this chapter.

(f) The primary purpose of the trust fund and the operations fund is to encourage professional persons and groups to recognize and deal with problems of child abuse and neglect; to make information about the problems of child abuse and neglect available to the public and organizations and agencies which deal with problems of child abuse and neglect; and to encourage the development of community prevention programs. To these ends the fund shall be expended only as provided in this chapter, Sections 26-16-1 to 26-16-13, inclusive, or other laws specifically regulating those expenditures.
Ala. Code § 26-18-8 — Alabama Code / Title 26 / Chapter 18 / Section 26-18-8
Section 26-18-8 Transfer of Custody
Status: in_force

Amended and renumbered as Section 12-15-320 by Act 2008-277, §19, effective January 1, 2009.
Ala. Code § 26-22-5 — Alabama Code / Title 26 / Chapter 22 / Section 26-22-5
Section 26-22-5 Interpretation
Status: in_force

Nothing in this chapter shall be construed to recognize a right to abortion or to make legal an abortion that is otherwise unlawful.
Ala. Code § 26-2B-203 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-203
Section 26-2B-203 Jurisdiction
Status: in_force

(a) A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:

(1) this state is the respondent’s home state;

(2) on the date the petition is filed, this state is a significant-connection state and:

(A) the respondent does not have a home state or a court of the respondent’s home state has declined to exercise jurisdiction because this state is a more appropriate forum; or

(B) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state and before the court makes the appointment or issues the order:

(i) a petition for an appointment or order is not filed in the respondent’s home state;

(ii) an objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding; and

(iii) the court in this state concludes that it is an appropriate forum under the factors set forth in Section 26-2B-206;

(3) this state does not have jurisdiction under either paragraph (1) or (2), the respondent’s home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the Constitutions of this state and the United States; or

(4) the requirements for special jurisdiction under Section 26-2B-204 are met.

(b) When the jurisdiction of a court of this state is contested under this article, such guardianship or protective proceeding may be removed to circuit court by the court’s own motion or in accordance with Section 26-2-2.

(c) Nothing in this section is intended to limit the jurisdiction of those Alabama probate courts which have been granted equity jurisdiction.

(d) Nothing in this section shall be construed as extending the provisions of this chapter to proceedings brought pursuant to Sections 30-5-1, et seq., the Protection from Abuse Act or Sections 38-9-1, et seq., the Adult Protective Services Act.
Ala. Code § 26-10-22 — Alabama Code / Title 26 / Chapter 10 / Section 26-10-22
Section 26-10-22 Definitions
Status: in_force

As used in this article, the following words shall have the following meanings unless the context indicates otherwise:

(1) ADOPTION SUBSIDY. A money payment, services, deferred payment, or any combination thereof that is provided to a child with special needs or circumstances after submission of an application to the department.

(2) AGENCY. The department or a child welfare agency which is authorized in its license issued by the department to place children for adoption.

(3) APPLICATION. The submission to the department of a complete application as defined by the department with documentation of the child’s special needs.

(4) CHILD. An individual under 19 years of age, or an individual 19 or 20 years of age and eligible for Title IV-E Federal Funding, who is:

a. in the care or custody, or both, of the department, or a public or voluntary licensed child-placing agency,

b. legally free for adoption and

c. in special need or circumstances because he or she is not likely to be adopted by reason of one or more, or a combination of, the following conditions, such as:

1. Physical or mental disability.

2. Emotional disturbance.

3. Recognized high risk of physical or mental disease.

4. Age as determined by the department.

5. Sibling relationship.

6. Racial or ethnic factors.

(5) DEPARTMENT. The Department of Human Resources.

(6) DEVELOPMENTAL DISABILITY. A developmental disability as diagnosed by a licensed medical doctor or qualified mental health professional.

(7) EMOTIONAL DISTURBANCE. An emotional condition which impedes the child’s ordinary developmental progress as diagnosed by a licensed medical doctor or qualified mental health professional.

(8) EMOTIONAL TIES. Includes all of the following:

a. Identification of the child as a member of the foster family.

b. Identification by the foster family of the child as belonging to that family.

c. The likelihood that the child will not establish significant emotional placement ties to another family if he or she is denied permanent placement with the foster family.

(9) HIGH RISK OF PHYSICAL OR MENTAL DISEASE. A potentially debilitating condition as diagnosed by a licensed medical doctor or qualified mental health professional.

(10) MENTAL DISABILITY. A condition which is characterized by impaired intellectual development and impedes the ability to function independently as diagnosed by a licensed medical doctor or qualified mental health professional.

(11) PHYSICAL DISABILITY. One of the following conditions:

a. A chronically debilitating, progressive, or fatal disease which requires assistance for the child in activities of daily living.

b. The requirement of assistance of another person or mechanical device for movement from place to place.

(12) RACIAL OR ETHNIC FACTORS. Black, Hispanic, Native American, Asian, or other heritage which may prevent a child from being adopted.
Ala. Code § 26-13-1 — Alabama Code / Title 26 / Chapter 13 / Section 26-13-1
Section 26-13-1 When Authorized; Procedure Generally
Status: in_force

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 that such minor be relieved from the disabilities of nonage, and the court shall be satisfied that it is to the best interest of such minor. The parent filing such petition shall aver whether he or she is the guardian of such minor.

(2) Whenever any such minor, having no father, mother, or guardian, or if a parent is living but is insane or has abandoned such minor for one year, shall file a petition with the court to be relieved of the disabilities of nonage, and the court shall be satisfied that it is to the interest of such minor.

(3) Whenever any such minor, having no father or mother, or if a parent is living but is insane or has abandoned such minor for one year, but having a guardian, shall file a petition with the juvenile court to be relieved from the disabilities and the guardian shall join in such petition and the court shall be satisfied that it is to the interest of such minor.
Ala. Code § 26-17-21 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-21
Section 26-17-21 Artificial Insemination
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-2A-140 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-140
Section 26-2A-140 Terms and Requirements of Bonds
Status: in_force

(a) The following requirements and provisions apply to any bond required under Section 26-2A-139.

(1) Sureties are jointly and severally liable with the conservator and with each other.

(2) By executing an approved bond of a conservator, the surety consents to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety as a party respondent. Notice of any proceeding must be delivered to the surety or mailed by registered or certified mail to the address listed with the court at the place where the bond is filed and to the address as then known to the petitioner.

(3) On petition of a successor conservator or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the conservator.

(4) The bond of the conservator is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.

(b) No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
Ala. Code § 26-5-15 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-15
Section 26-5-15 Notice of Filing of Annual, Partial, or Final Settlement; Finality of Orders or Decrees of Court as to Such Settlement, Etc., Generally; Reopening of Accounts
Status: in_force

Whenever any conservator shall file any annual, partial, or final settlement in any court having jurisdiction thereof, the court shall, at the request of such conservator, require that notice thereof be given in the same manner as required by law in cases of final settlements. Any order or decree of the court on such settlement after such notice shall be final and conclusive as to all items of receipts and disbursements and other transactions and matters shown therein and as to all fees and compensation fixed or allowed to such conservator and attorney, and appeals therefrom shall and must be taken in the manner provided for from any other final decrees of such court. Thereafter, at any time prior to final settlement, the account may be reopened by the court on motion or petition of the conservator or ward or other party having an interest in the estate for amendment or revision if it later appears that the account is incorrect either because of fraud or mistake.
Ala. Code § 26-17-904 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-904
Section 26-17-904 Transitional Provision
Status: in_force

A proceeding to adjudicate parentage which was commenced before January 1, 2009, is governed by the law in effect at the time the proceeding was commenced.
Ala. Code § 26-17-622 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-622
Section 26-17-622 Consequences of Declining Genetic Testing
Status: in_force

(a) A court order for genetic testing is enforceable by contempt.

(b) If a party declines to submit to genetic testing ordered by the court, the court for that reason may adjudicate parentage contrary to the position of that party.

(c) Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every man whose paternity is being adjudicated.
Ala. Code § 26-17-631 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-631
Section 26-17-631 Rules for Adjudication of Paternity
Status: in_force

The court shall apply the following rules to adjudicate the paternity of a child:

(1) The paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child.

(2) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified as the father of a child under Section 26-17-505 must be adjudicated the father of the child.

(3) If the court finds that genetic testing under Section 26-17-505 neither identifies nor excludes a man as the father of a child, the results of genetic testing, and other evidence, are admissible to adjudicate the issue of paternity.

(4) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded as the father of a child by genetic testing must be adjudicated not to be the father of the child.
Ala. Code § 26-17-701 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-701
Section 26-17-701 Scope of Article
Status: in_force

This article does not apply to the birth of a child conceived by means of sexual intercourse.
Ala. Code § 26-10E-34 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-34
Section 26-10E-34 Bringing Minor into State for Adoption Purposes
Status: in_force

Minors may be brought into Alabama for the purpose of adoption as provided in Sections 38-7-15 and 44-2-20, except that investigations shall be made as provided in Sections 26-10E-19, 26-10E-19.1, 26-10E-26, 26-10E-27, and 44-2-20.
Ala. Code § 26-23F-3 — Alabama Code / Title 26 / Chapter 23F / Section 26-23F-3
Section 26-23F-3 Definitions
Status: in_force

For the purpose of this chapter, the following words and phrases 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 the termination by those means will with reasonable likelihood cause the death of the unborn child. Such use or prescription is not an abortion if done with the intent to save the life or preserve the health of an unborn child, remove a dead unborn child, or to deliver the unborn child prematurely in order to preserve the health of both the mother (pregnant woman) and her unborn child. The term “abortion” as used in this chapter, does not include a procedure or act to terminate the pregnancy of a woman with an ectopic pregnancy, nor does it include the procedure or act to terminate the pregnancy of a woman when the unborn child has a lethal anomaly.

(2) BODILY REMAINS. The physical remains, corpse, or body parts of a dead unborn infant who has been expelled or extracted from his or her mother.

(3) ECTOPIC PREGNANCY. Any pregnancy resulting from a fertilized egg that has implanted or attached outside the uterus. The term also includes a pregnancy resulting from a fertilized egg implanting inside the cornu of the uterus.

(4) EXPERIMENT or EXPERIMENTATION. The use of an unborn infant, living or deceased, or such bodily remains in any trial, test, procedure, or observation carried out with the goal of verifying, refuting, or establishing the validity of a hypothesis, but does not include treatment, medication, diagnostic or remedial tests, surgical procedures, or observations which have the purpose of determining or improving the life or health of the unborn infant or preserving the life or health of the unborn infant or the unborn infant’s mother or pathological study. The terms do not include the use of the bodily remains of an unborn infant pursuant to the Revised Uniform Anatomical Gift Act.

(5) FINAL DISPOSITION. The burial, interment, cremation, or other legal disposition of the bodily remains of a deceased unborn infant.

(6) LETHAL ANOMALY. A child would die at birth or be still born.

(7) PATHOLOGICAL STUDY. The examination of body tissue for diagnostic or forensic purposes, and any related activities necessary to perform such study. The term includes any study or test, genetic or otherwise, to determine the cause of death.

(8) PREGNANT or PREGNANCY. A fetal reproductive condition of having an unborn infant or infants in the woman’s uterus.

(9) RESEARCH. A systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalized knowledge but does not include treatment, medication, diagnostic or remedial tests, surgical procedures, or observations which have the purpose of determining or improving the life or health of the unborn infant or preserving the life or health of the unborn infant or the unborn infant’s mother or pathological study. The term does not include the use of the bodily remains of an unborn infant pursuant to the Revised Uniform Anatomical Gift Act.

(10) THERAPY or THERAPEUTIC. Intended to treat or cure a disease or disorder by remedial agents or methods. The term does not include either of the following:

a. Diagnostic or remedial tests, procedures, or observations which have the purpose of determining or improving the life or health of the unborn infant or preserving the life or health of the unborn infant or the unborn infant’s mother or pathological study.

b. The use of the bodily remains of an unborn infant pursuant to the Revised Uniform Anatomical Gift Act.

(11) TRANSPLANT or TRANSPLANTATION. Organs, tissues, or cells taken from the body for grafting into another individual or transference of an organ, tissues, or cells, alive or dead, between individuals. The term does not include either of the following:

a. Diagnostic or remedial tests, procedures, or observations which have the purpose of determining or improving the life or health of the unborn infant or preserving the life or health of the unborn infant or the unborn infant’s mother or pathological study.

b. The use of the bodily remains of an unborn infant pursuant to the Revised Uniform Anatomical Gift Act.

(12) UNBORN INFANT. A human being in utero at any stage of development regardless of viability.
Ala. Code § 26-2-48 — Alabama Code / Title 26 / Chapter 2 / Section 26-2-48
Section 26-2-48 Appointment of Guardian for Nonresident Incapacitated Person Having Property Within State - Procedure
Status: in_force

The application for the appointment of a conservator for such person must be in writing, must be verified by affidavit and must state the name, sex, age, and residence of such person, the court by which he or she was declared incapacitated and the property requiring the care of a conservator.

On the filing of such application, the court must appoint a day for the hearing thereof, notice of which must be given for three successive weeks by publication in some newspaper published in the county or, if there is no such paper published in the county, by publication in a paper published in an adjoining county, and a copy of such paper must be mailed by the probate judge to such person at the post office nearest his or her residence. The court must appoint a guardian ad litem to represent and defend for such person and it shall be the duty of such guardian ad litem to put in issue the facts stated in the application. If, on the hearing the application is not granted, the court must render a decree against the applicant for all the costs of the proceedings, including the reasonable compensation of the guardian ad litem.
Ala. Code § 26-2B-106 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-106
Section 26-2B-106 Taking Testimony in Another State
Status: in_force

(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.

(b) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.

(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence solely on an objection based on the means of transmission.
Ala. Code § 26-16-95 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-95
Section 26-16-95 Liability of Team Members
Status: in_force

State and local team members shall be immune from any and all civil and criminal liability in connection with their good faith participation on the state or local team and all activities associated therewith, provided however, this immunity shall not be available in the event any state or local team member violates the provisions of confidentiality enumerated in this article.
Ala. Code § 26-17-20 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-20
Section 26-17-20 Appeals
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-23I-1 — Alabama Code / Title 26 / Chapter 23I / Section 26-23I-1
Section 26-23I-1 Short Title
Status: in_force

This chapter shall be known and may be cited as Gianna’s Law.
Ala. Code § 26-17-19 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-19
Section 26-17-19 Issuance and Contents of New Birth Certificate; Confidentiality of Evidence and Original Birth Certificate
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-18-6 — Alabama Code / Title 26 / Chapter 18 / Section 26-18-6
Section 26-18-6 Service of Process
Status: in_force

Amended and renumbered as Section 12-15-318 by Act 2008-277, §19, effective January 1, 2009.
Ala. Code § 26-23G-8 — Alabama Code / Title 26 / Chapter 23G / Section 26-23G-8
Section 26-23G-8 Anonymity of Certain Individuals in Court Proceedings
Status: in_force

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 her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted to be performed, anyone other than a public official who brings an action under Section 26-23G-4 or Section 26-23G-5 shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.
Ala. Code § 26-2A-51 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-51
Section 26-2A-51 Notice; Waiver
Status: in_force

A person, including a guardian, guardian ad litem, conservator, or other fiduciary, may waive notice by a signed writing. A person for whom a guardianship or other protective order is sought, a ward, or a protected person may not waive notice.
Ala. Code § 26-1-2.1 — Alabama Code / Title 26 / Chapter 1 / Section 26-1-2.1
Section 26-1-2.1 Gifts by Power of Attorney
Status: in_force

(a) If any power of attorney or other writing either authorizes an attorney in fact or other agent to do, execute, or perform any act that the principal might or could do, or evidences the principal’s intent to give the attorney in fact or agent full power to handle the principal’s affairs or deal with the principal’s property, the attorney in fact or agent shall have the power and authority to make gifts of any of the principal’s property to any individuals, including the attorney in fact or agent, within the limits of the annual exclusion as provided by Section 2503(b) of Title 26 of the United States Code, and taking into account the availability of Section 2513 of Title 26 of the United States Code, as the same may from time to time be amended, or to organizations described in Sections 170(c) and 2522(a) of Title 26 of the United States Code, or corresponding future provisions of federal tax law, or both, as the attorney in fact or agent shall determine: (1) to be in the principal’s best interest; (2) to be in the best interest of the principal’s estate; or (3) that will reduce the estate tax payable on the principal’s death; and is in accordance with the principal’s personal history of making or joining in the making of lifetime gifts.

(b) Subsection (a) shall not in any way impair the right or power of any principal, by express words in the power of attorney or other writing, to further authorize, expand, or limit the authority of any attorney in fact or other agent to make gifts of the principal’s property.

(c) This section is declaratory of Section 26-1-2 and shall not be construed to nullify any actions taken by any attorney in fact prior to May 6, 1994.
Ala. Code § 26-2A-150 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-150
Section 26-2A-150 Sale, Encumbrance, or Transaction Involving Conflict of Interest; Voidable; Exceptions
Status: in_force

Any sale or encumbrance to or purchase from a conservator, the spouse, agent, attorney of a conservator, any person related to the conservator by blood or marriage within the fourth degree, or any corporation, trust, or other organization in which the conservator has a substantial beneficial interest, or any other transaction involving the estate being administered by the conservator which is affected by a substantial conflict between fiduciary and personal interests is voidable unless the transaction is approved by the court after notice as directed by the court.
Ala. Code § 26-17-16 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-16
Section 26-17-16 Promise to Render Support; Stipulations Barring Paternity Action
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-1A-117 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-117
Section 26-1A-117 Agent’s Liability to the Principal
Status: in_force

An agent that violates this chapter is liable to the principal or the principal’s successors in interest for the amount required to:

(1) restore the value of the principal’s property to what it would have been had the violation not occurred; and

(2) reimburse the principal or the principal’s successors in interest for the attorney’s fees and costs paid on the agent’s behalf.
Ala. Code § 26-1B-7 — Alabama Code / Title 26 / Chapter 1B / Section 26-1B-7
Section 26-1B-7 Revocation of a Supported Decision-Making Agreement
Status: in_force

(a) An adult may revoke a supported decision-making agreement at any time. A revocation under this section shall be in writing, and a copy of the revocation shall be provided to each supporter.

(b) Except as provided in the supported decision-making agreement, a supported decision-making agreement terminates in each the following situations:

(1) The adult who is the subject of the supported decision-making agreement dies.

(2) The adult who is the subject of the supported decision-making agreement revokes the agreement under subsection (a).

(3) All of the named supporters withdraw their participation without arranging for successor supporters approved by the adult.

(4) A court of competent jurisdiction determines that the adult does not have the capacity to execute or consent to a supported decision-making agreement.

(5) A court of competent jurisdiction determines that a supporter has used the supported decision-making agreement to financially exploit, abuse, or neglect the adult.

(6) A court of competent jurisdiction appoints a temporary or permanent guardian or conservator for the person or property of the adult, unless the court’s order of appointment does each of the following:

a. Expressly modifies, but continues, the supported decision-making agreement alongside a partial guardianship or conservatorship.

b. Limits the powers and duties of the guardian or conservator.

(7) The adult signs a valid durable power of attorney, except to the extent that the power of attorney expressly continues, in whole or in part, the supported decision-making agreement.

(c) The court may enter an order pursuant to subdivision (b)(4), (b)(5), or (b)(6) only after providing notice and a hearing to the adult and all supporters named in the agreement.
Ala. Code § 26-2A-148 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-148
Section 26-2A-148 Conservators; Title by Appointment
Status: in_force

(a) The appointment of a conservator vests in the conservator title as trustee to all property, or to the part thereof specified in the order, of the protected person, presently held or thereafter acquired, including title to any property theretofore held for the protected person. Appointment of a conservator does not terminate a custodianship created under a Uniform Gifts to Minors Act or a Uniform Transfers to Minors Act, or a valid durable power of attorney, except on order of the court. An order specifying that only a part of the property of the protected person vests in the conservator creates a limited conservatorship.

(b) Except as otherwise permitted herein, the interest of the protected person in property vested in a conservator by this section is not transferable or assignable by the protected person. An attempted transfer or assignment by the protected person, though ineffective to affect property rights, may generate a claim for restitution or damages which, subject to presentation and allowance, may be satisfied as provided in Section 26-2A-156.
Ala. Code § 26-16-93 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-93
Section 26-16-93 State Child Death Review Team - Created
Status: in_force

(a) There is hereby created the State Child Death Review Team, referred to in this article as the state team.

(b) The state team shall be situated within the Alabama Department of Public Health for administrative and budgetary purposes.

(c) The state team shall be a multidisciplinary, multiagency review team, composed of 28 members, the first 7 of whom are ex officio. The ex officio members may designate representatives from their particular departments or offices to represent them on the state team who may vote and exercise all other prerogatives of the appointment. The members of the state team shall include all of the following:

(1) The Jefferson County Coroner, Medical Examiner.

(2) The State Health Officer who shall serve as chair.

(3) One member appointed by the Alabama Sheriff’s Association.

(4) The Director of the Alabama Department of Forensic Sciences.

(5) The Commissioner of the Alabama Department of Human Resources.

(6) The Commissioner of the Alabama Department of Mental Health.

(7) The Secretary of the Alabama State Law Enforcement Agency.

(8) A pediatrician with expertise in SIDS appointed by the Alabama Chapter, American Academy of Pediatrics.

(9) A health professional with expertise in child abuse and neglect appointed by the Alabama Department of Public Health.

(10) A family practice physician appointed by the Alabama Academy of Family Physicians.

(11) A pediatric pathologist appointed by the Alabama Department of Forensic Sciences.

(12) Eight private citizens appointed by the Governor.

(13) A member of the clergy appointed by the Governor.

(14) A representative of the Alabama Coroner’s Association.

(15) A representative of the Alabama Network of Children’s Advocacy Centers.

(16) A representative of the Alabama Sheriff’s Association.

(17) A representative of the Alabama District Attorney’s Association.

(18) A specialist in pediatric emergency medicine appointed by the Alabama Medical Association.

(19) A representative of the Alabama Association of Chiefs of Police.

(20) Chair of the Senate Health Committee or his or her designee and the Chair of the House Health Committee or his or her designee.

(d) Members who are not ex officio shall serve for a three-year term and shall not serve more than two consecutive terms. Terms for these members shall be staggered.

(e) Staffing for the state team shall be provided through the Alabama Department of Public Health using funds appropriated for this article.

(f) The initial meeting of the state team shall be held within 60 days of September 11, 1997. Meetings shall be held at least quarterly thereafter.

(g) Fifteen members shall constitute a quorum for conducting all activities of the state team which may require a vote among the members. A simple majority of members present constituting a quorum shall be required for any affirmative vote.
Ala. Code § 26-2A-105 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-105
Section 26-2A-105 Findings; Order of Appointment
Status: in_force

(a) The court shall exercise the authority conferred in this division so as to encourage the development of maximum self-reliance and independence of the incapacitated person and make appointive and other orders only to the extent necessitated by the incapacitated person’s mental and adaptive limitations or other conditions warranting the procedure.

(b) The court may appoint a guardian as requested if it is satisfied that the person for whom a guardian is sought is incapacitated and that the appointment is necessary or desirable as a means of providing continuing care and supervision of the person of the incapacitated person. The court, on appropriate findings, may (i) treat the petition as one for a protective order under Section 26-2A-130 and proceed accordingly, (ii) enter any other appropriate order, or (iii) dismiss the proceedings.

(c) The court, at the time of appointment or later, on its own motion or on appropriate petition or motion of the incapacitated person or other interested person, may limit the powers of a guardian otherwise conferred by this chapter and thereby create a limited guardianship. Any limitation on the statutory power of a guardian of an incapacitated person must be endorsed on the guardian’s letters or, in the case of a guardian by parental or spousal appointment, must be reflected in letters issued at the time any limitation is imposed. Following the same procedure, a limitation may be removed or modified and appropriate letters issued.
Ala. Code § 26-17-401 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-401
Section 26-17-401 Establishment of Registry
Status: in_force

The law relating to a Putative Father’s Registry is governed by Section 26-10C-1.
Ala. Code § 26-2-46 — Alabama Code / Title 26 / Chapter 2 / Section 26-2-46
Section 26-2-46 Procedure Where Person Alleged to Be of Unsound Mind Confined in Hospital or Asylum
Status: in_force

If the person alleged to be of unsound mind is a resident of the county and is at the time of the application confined in a hospital or asylum within or without the state, inquisition may be had and taken without notice to him or her , but, on the filing of the application, the court must appoint a guardian ad litem to represent and defend for him or her. It shall be the duty of such guardian by answer to put in issue the facts stated in the application and to employ counsel at the expense of such person of unsound mind to appear and defend him or her.
Ala. Code § 26-2-54 — Alabama Code / Title 26 / Chapter 2 / Section 26-2-54
Section 26-2-54 Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Entry of Decree or Judgment as to Contested Application Upon Rendition of Verdict of Jury
Status: in_force

If, on the trial of the contest, the jury finds the facts stated in the application to be true, the court must enter a decree revoking the proceedings on the inquisition and the guardianship or conservatorship, and declaring that the ward must be restored to the custody and management of his or her estate and must adjudge the costs as is just and equitable, but if the verdict of the jury negatives the facts stated in the application, a judgment of dismissal at the cost of the applicant or of the next friend must be entered.
Ala. Code § 26-17-702 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-702
Section 26-17-702 Parental Status of Donor
Status: in_force

A donor who donates to a licensed physician for use by a married woman is not a parent of a child conceived by means of assisted reproduction. A married couple who, under the supervision of a licensed physician, engage in assisted reproduction through use of donated eggs, sperm, or both, will be treated at law as if they are the sole natural and legal parents of a child conceived thereby.
Ala. Code § 26-17-307 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-307
Section 26-17-307 Proceeding for Rescission
Status: in_force

A signatory may rescind an acknowledgment of paternity only in a judicial proceeding before the earlier of:

(1) sixty days after the effective date of the acknowledgment, as provided in Section 26-17-304; or

(2) the date of the first hearing, in a proceeding to which the signatory is a party, before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.
Ala. Code § 26-2A-143 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-143
Section 26-2A-143 Death, Resignation, or Removal of Conservator
Status: in_force

The court, on petition or on its own motion, may remove a conservator for good cause, upon notice and hearing, or accept the resignation of a conservator. Upon the conservator’s death, resignation, or removal, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers of the predecessor.
Ala. Code § 26-24-25 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-25
Section 26-24-25 Collaboration on Programs
Status: in_force

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 programs, Even-Start literacy programs, prekindergarten early intervention programs, Head Start programs, programs offered by public and private providers of child care, migrant prekindergarten programs, Title 1 programs, subsidized child care programs, and teen parenting programs, together with any additional funds appropriated or obtained for this section. These programs shall be components of the integrated school readiness program.
Ala. Code § 26-17-8 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-8
Section 26-17-8 Limitation on Liability for Education and Support; When Action for Purposes of Support May Be Brought; Rights of Inheritance and Succession
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-16-113 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-113
Section 26-16-113 Alabama Sudden Unexplained Infant Death Investigation Team
Status: in_force

(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 development, maintenance, and provision of SUIDI training curricula for the State of Alabama. The development and approval of infant death investigation protocol and reporting forms are not subject to the rule-making requirements of the Administrative Procedure Act.

(b) In order to implement this article, the SUIDI Team shall do all of the following:

(1) Establish infant death scene investigation protocol.

(2) Develop and maintain the training standards, policies, and procedures related to investigating and reporting SUID in Alabama.

(3) Approve a standardized reporting form to be used in conjunction with the above procedures.
Ala. Code § 26-19-6 — Alabama Code / Title 26 / Chapter 19 / Section 26-19-6
Section 26-19-6 Forwarding Report to Other Law Enforcement Agencies
Status: in_force

Upon completion of the report, a copy of the teletype message with pertinent information shall be forwarded to:

(1) All law enforcement agencies having jurisdiction of the location in which the missing person lives or was last seen.

(2) All law enforcement agencies considered to be potentially involved by the law enforcement agency filing the report.

(3) All law enforcement agencies which the complainant requests the report to be sent to, if the request is reasonable in light of the information contained in the report.

(4) Any law enforcement agency requesting a copy of the missing person report.
Ala. Code § 26-1A-210 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-210
Section 26-1A-210 Insurance and Annuities
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:

(1) continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;

(2) procure new, different, and additional contracts of insurance and annuities for the principal and the principal’s spouse, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment;

(3) pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent;

(4) apply for and receive a loan secured by a contract of insurance or annuity;

(5) surrender and receive the cash surrender value on a contract of insurance or annuity;

(6) exercise an election;

(7) exercise investment powers available under a contract of insurance or annuity;

(8) change the manner of paying premiums on a contract of insurance or annuity;

(9) change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;

(10) apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;

(11) collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity;

(12) select the form and timing of the payment of proceeds from a contract of insurance or annuity; and

(13) pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
Ala. Code § 26-2A-74 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-74
Section 26-2A-74 Venue
Status: in_force

The venue for guardianship proceedings for a minor pursuant to Section 26-2A-73 is in the court at the place where the minor resides or is present at the time the proceedings are commenced.
Ala. Code § 26-19-2 — Alabama Code / Title 26 / Chapter 19 / Section 26-19-2
Section 26-19-2 Alabama Center for Missing and Exploited Children Created; General Purpose
Status: in_force

There is created within the Alabama State Law Enforcement Agency a statewide information and investigation center for the reporting by law enforcement agencies and other agencies and persons of missing persons, exploited children, and unidentified deceased persons. The center shall be known as the Alabama Center for Missing and Exploited Children, which may be referred to simply as “ACMEC.”
Ala. Code § 26-5-7 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-7
Section 26-5-7 Final Settlement Generally - When Required
Status: in_force

On the death, resignation, or removal of the conservator or on the expiration of his or her authority otherwise or on the arrival of the ward at full age or on termination of the ward’s incapacity or on his or her death or on the marriage of the ward, if 18 years of age or older or upon the ward becoming 18 years of age after marriage or after becoming a widow or widower, a final settlement of the conservatorship must be made, such settlement in the event of the death of the conservator to be made by his or her personal representative.
Ala. Code § 26-17-632 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-632
Section 26-17-632 Jury Prohibited
Status: in_force

The court, without a jury, shall adjudicate paternity of a child.
Ala. Code § 26-2B-207 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-207
Section 26-2B-207 Jurisdiction Declined by Reason of Conduct
Status: in_force

(a)If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:

(1) decline to exercise jurisdiction;

(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent’s property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or

(3) continue to exercise jurisdiction after considering:

(A) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court’s jurisdiction;

(B) whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection (c) of Section 26-2B-206; and

(C) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of Section 26-2B-203.

(b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney’s fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.
Ala. Code § 26-19A-6 — Alabama Code / Title 26 / Chapter 19A / Section 26-19A-6
Section 26-19A-6 Rules and Regulations
Status: in_force

The department may adopt any rules necessary to implement this chapter.
Ala. Code § 26-1A-111 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-111
Section 26-1A-111 Co-Agents and Successor Agents
Status: in_force

(a) A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority independently.

(b) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:

(1) has the same authority as that granted to the original agent; and

(2) may not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.

(c) Except as otherwise provided in the power of attorney and subsection (d), an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.

(d) An agent that has accepted appointment and has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal’s best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.
Ala. Code § 26-2A-75 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-75
Section 26-2A-75 Procedure for Court-Appointment of Guardian of Minor
Status: in_force

(a) A minor or any person interested in the welfare of the minor may petition for appointment of a guardian.

(b) After the filing of a petition, the court shall set a date for hearing, and the petitioner shall give notice of the time and place of hearing the petition in the manner prescribed by Section 26-2A-50 to:

(1) The minor, if 14 or more years of age and not the petitioner;

(2) Any person alleged to have had the principal care and custody of the minor during the 60 days preceding the filing of the petition; and

(3) Any living parent of the minor.

(c) Upon hearing, if the court finds that a suitable person seeks appointment, venue is proper, the required notices have been given, the conditions of Section 26-2A-73(a) have been met, and the welfare and best interest of the minor will be served by the requested appointment, it shall make the appointment and issue letters. In other cases, the court may dismiss the proceedings or make any other disposition of the matter that will serve the best interest of the minor.

(d) If the court determines at any time in the proceeding that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is 14 or more years of age.
Ala. Code § 26-2-47 — Alabama Code / Title 26 / Chapter 2 / Section 26-2-47
Section 26-2-47 Appointment of Guardian for Nonresident Incapacitated Person Having Property Within State - Authorization
Status: in_force

The court of probate of a county in which an incapacitated person residing without the state may have property, real or personal, requiring the care of a conservator, may appoint a conservator for the property of such person which may be within this state if such person has been declared an incapacitated person by a court having jurisdiction in the state of his or her residence.
Ala. Code § 26-23E-5 — Alabama Code / Title 26 / Chapter 23E / Section 26-23E-5
Section 26-23E-5 Nursing Care
Status: in_force

At all times during procedures in an abortion or reproductive health center, nursing care shall be under the supervision of a registered professional nurse currently licensed in Alabama. At least one registered professional nurse shall be on duty to provide or supervise all nursing care of patients in preparation for and during the abortion procedure, during the recovery period, and through the initial discharge by the attending physician. Other nursing service personnel shall remain on duty as required to meet the needs of each patient.
Ala. Code § 26-16-97 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-97
Section 26-16-97 Meetings; Disclosure of Information; Violation; Penalties
Status: in_force

(a) Meetings of the state team and of local teams shall be closed to the public and not subject to the State Sunshine Law when the state team or local team is discussing a specific child death.

(b) Information identifying a deceased child, a family member, guardian or caretaker of a deceased child, or an alleged or suspected perpetrator of abuse or neglect upon a child, may not be disclosed during a meeting which is open to the public.

(c) Information regarding the involvement of any agency with the deceased child or family may not be disclosed during a public meeting.

(d) Nothing in this section shall be construed as preventing the state team or a local team from requesting the attendance at a team meeting of a person who has information relevant to the team’s exercise of its purpose and duties.

(e) Any person who intentionally violates any portion of this section commits a Class C misdemeanor and shall be punished as prescribed by law.

Any person who violates the provisions of confidentiality in any proceedings conducted by either a local team or the state team shall be removed from the team in addition to any other penalty.
Ala. Code § 26-16-1 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-1
Section 26-16-1 Short Title
Status: in_force

This article shall be known and may be cited as the Child Abuse and Neglect Prevention Act.
Ala. Code § 26-19B-1 — Alabama Code / Title 26 / Chapter 19B / Section 26-19B-1
Section 26-19B-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Hiawayi Robinson Emergency Missing Child Alert System Act.
Ala. Code § 26-23F-8 — Alabama Code / Title 26 / Chapter 23F / Section 26-23F-8
Section 26-23F-8 Construction of Chapter
Status: in_force

(a) Nothing in this chapter shall be construed to affect existing federal or state law regarding abortion.

(b) Nothing in this chapter shall be construed as creating or recognizing a right to abortion.

(c) Nothing in this chapter shall be construed to alter generally accepted medical standards.
Ala. Code § 26-17-601 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-601
Section 26-17-601 Proceeding Authorized
Status: in_force

(a) A civil proceeding may be maintained to adjudicate the parentage of a child. The proceeding is governed by the Alabama Rules of Civil Procedure or the Alabama Rules of Juvenile Procedure as such applies to the court in which the proceeding is filed.

(b) Stipulations in any agreement that seek to bar a paternity action are not enforceable.
Ala. Code § 26-23F-4 — Alabama Code / Title 26 / Chapter 23F / Section 26-23F-4
Section 26-23F-4 Release and Dignified Final Disposition of Bodily Remains of Unborn Infants
Status: in_force

The mother, father, or authorized representative may request the release of the bodily remains to the mother, father, or authorized representative for dignified final disposition by burial, interment, or cremation. The request may be made by the mother, father, or authorized representative prior to or shortly after the expulsion or extraction of the bodily remains. Any expenses associated with preparation of and disposal of the bodily remains as requested by the mother, father, or authorized representative shall be at his or her own expense. Nothing in this chapter shall prevent donation of bodily remains pursuant to the Revised Uniform Anatomical Gift Act or prevent pathological study when it is required.
Ala. Code § 26-23F-9 — Alabama Code / Title 26 / Chapter 23F / Section 26-23F-9
Section 26-23F-9 Relation to Other Laws
Status: in_force

Nothing in this chapter shall modify, amend, repeal, or supersede any provision of Section 6-5-333, or the “Alabama Medical Liability Act of 1987” commencing with Section 6-5-540, or the Alabama Medical Liability Act of 1996, commencing with Section 6-5-548, or any amendment to any of the foregoing, or any judicial interpretation of any of the foregoing.

Further, nothing in this chapter shall be construed to restrict or supersede criminal investigations of violations of the laws of this state.
Ala. Code § 26-17-103 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-103
Section 26-17-103 Scope of Chapter; Choice of Law
Status: in_force

(a) This chapter applies to determination of parentage in this state except for matters relating to legitimation and adoption. Nothing in this chapter supersedes or modifies Alabama law regarding the requirements contained in Section 26-10C-1.

(b) The court shall apply the law of this state to adjudicate the parent-child relationship. The applicable law does not depend on:

(1) the place of birth of the child; or

(2) the past or present residence of the child.

(c) This chapter does not create, enlarge, or diminish parental rights or duties under other law of this state.

(d) This chapter does not authorize or prohibit an agreement between a woman and intended parents in which the woman relinquishes all rights as a parent of a child conceived by means of assisted reproduction, and which provides that the intended parents become the parents of the child. If a birth results under such an agreement and the agreement is unenforceable under Alabama law, the parent-child relationship is determined as provided in Article 2.
Ala. Code § 26-16-11 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-11
Section 26-16-11 Child Abuse and Neglect Prevention Board - Promulgation of Rules
Status: in_force

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.
Ala. Code § 26-24-2 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-2
Section 26-24-2 Secretary of Early Childhood Education
Status: in_force

(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 department.

(b) The secretary shall be appointed by and shall hold office at the pleasure of the Governor.

(1) To be eligible for appointment to the office of secretary, a person shall provide proof of all of the following qualifications:

a. A master’s degree, or completion of at least 36 hours of post baccalaureate course work, in early childhood education or childhood development.

b. Extensive experience in educational supervision and management in the areas of early childhood education encompassing birth to eight years of age, inclusive, school readiness, early care education, school improvement, and school administration or education administration.

(2) In addition to the qualifications for the office of secretary listed in subdivision (1), certification in education administration and supervision is preferred, but not required.

(c) Vacancies in the office of secretary for any reason shall be filled by the Governor.

(d) The salary of the secretary shall be fixed by the Governor at a sum comparable to salaries paid similar officers in state government.

(e) Before entering upon the discharge of duties, the secretary shall take the constitutional oath of office and shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Governor, but not less than ten thousand dollars ($10,000), conditioned upon the faithful performance of his or her duties. The premiums on the bond shall be paid out of the State Treasury.

(f) The secretary shall devote full time to the official duties of the office and shall not hold another office under the government of the United States, or any other state, or of this state or of any political subdivision thereof, during his or her incumbency in the office. The secretary shall not hold any position of trust or profit, the conduct of which shall interfere or be inconsistent with his or her duties as secretary pursuant to this article.
Ala. Code § 26-10E-19.1 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-19.1
Section 26-10E-19.1 (Effective January 1, 2026) Investigations for Adoption of Children in Permanent Custody of State Department of Human Resources
Status: in_force

(a)(1) If an adoptee is in the permanent custody of the State Department of Human Resources, no judgment for adoption of the adoptee may be entered until the investigative report under this section has been completed and filed with the court. The investigation shall include, but is not limited to, all of the following:

a. Letters of suitability pursuant to Chapter 13 of Title 38 for each adult living in the home of the petitioner or petitioners based on the information available in this state and the petitioner’s place of residence if other than this state.

b. Child abuse and neglect clearances pursuant to the Adam Walsh Child Protection and Safety Act, Public Law 109-248, as amended, for all household members 14 years of age and older from any state in which any petitioner has resided in the preceding five years.

c. A printed copy of the search on the Dru Sjodin National Sex Offender Public Website for all household members 14 years of age and older.

d. Six reference letters, four of which are from individuals unrelated to the petitioner or petitioners by blood or marriage. The other two reference letters shall be from individuals related to the petitioner by blood or marriage. If there are two petitioners, a member from each petitioner’s family shall submit a reference letter.

e. Medical reports on all individuals living in the home and letters from prescribing doctors for any controlled substance prescriptions.

f. The financial worksheets for each petitioner for the previous tax year or a copy of the previous year’s tax returns.

g. Copies of each petitioner’s birth certificate and marriage licenses or marriage certificates.

h. Copies of any divorce decrees and settlement agreements pursuant to the divorce, if applicable.

i. Copies of any death certificates, if applicable.

j. A written biography of each petitioner, including medical and social history.

k. A home safety inspection indicating that the home of the petitioner or petitioners is safe for the adoptee’s residency.

l. Any custody orders:

1. Pertaining to the adoptee;

2. Pertaining to the petitioner or petitioners; or

3. Pertaining to both the adoptee and the petitioner or petitioners.

m. The updated medical and mental health histories of the adoptee. This information shall also be provided to the petitioner or petitioners prior to the final judgment of adoption being entered.

n. The medical and mental health histories of the adoptee’s biological parents, if their identities are known. A nonidentifying copy of this information shall be delivered to the petitioner or petitioners.

o. Any property or assets in which the adoptee has a financial interest or is otherwise entitled to receive in the future.

p. Any other circumstances that may be relevant to the placement of the adoptee with the petitioner or petitioners.

q. Any other requirement pursuant to Title 660 of the Alabama Administrative Code or any other rule adopted by the State Department of Human Resources.

r. Any additional information required by the court in its discretion.

(2) The court, in its discretion, may allow a deviation in the investigation requirements, for good cause shown, only as it relates to any household members 14 years of age and older. Good cause must be demonstrated on the record with, at minimum, an affidavit from the investigator as to why the deviation is warranted.

(b) The investigative report shall be submitted in a form developed by the State Department of Human Resources in conjunction with the Alabama Probate Judges Association and the Alabama Law Institute. The investigative report shall be filed with the court prior to the hearing on the final judgment of adoption. The investigative report shall contain information obtained within 12 months preceding the hearing on the final judgment of adoption.

(c) No report of fees and charges under Section 26-10E-22 shall be made unless ordered by the court.

(d) The required investigation shall be performed by the State Department of Human Resources.

(e) When an investigation has been conducted, the investigative report shall not be conclusive but may be considered along with other evidence.

(f) The court may order the appointment of a court representative to investigate and evaluate any matters relating to adoption, including the best interest of the adoptee.

(g) If applicable to the adoption, the court shall ensure compliance with the Interstate Compact on the Placement of Children, Article 2, Chapter 2 of Title 44. Proof of compliance is determined by the authorized signatures of the sending and receiving states on the Interstate Compact on the Placement of Children Request Form.
Ala. Code § 26-2A-145 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-145
Section 26-2A-145 Conservator’s Standard of Care and Performance
Status: in_force

A conservator, in relation to powers conferred by this division, or implicit in the title acquired by virtue of the proceeding, shall observe the standards in dealing with the estate of the protected person that would be observed by a prudent person dealing with the property of another, and if the conservator has special skills or is appointed conservator on the basis of representations of special skills or expertise, the conservator is under a duty to use those skills.
Ala. Code § 26-2A-133 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-133
Section 26-2A-133 Original Petition for Appointment or Protective Order
Status: in_force

(a) The person to be protected or any person who is interested in the estate, affairs, or welfare of the person, including a parent, child, guardian, custodian, or any person who would be adversely affected by lack of effective management of the person’s property and business affairs may petition for the appointment of a conservator or for other appropriate protective order.

(b) The petition must set forth to the extent known the interest of the petitioner; the name, age, residence, and address of the person to be protected; the names and addresses of all persons, known to the petitioner, who must be given notice, a general statement of the person’s property with an estimate of the value thereof, including any compensation, insurance, pension, or allowance to which the person is entitled; the reason why appointment of a conservator or other protective order is necessary, and whether bond has been relieved. If the appointment of a conservator is requested, the petition must also set forth the name and address of the person whose appointment is sought and the basis of the claim to priority for appointment.
Ala. Code § 26-16-7 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-7
Section 26-16-7 Child Abuse and Neglect Prevention Board - Recommendation to Governor, Etc., of Changes in State Programs Which Will Reduce Problem of Child Abuse, Etc
Status: in_force

The state board may recommend to the Governor and the Legislature changes in state programs, statutes, policies, budgets, and standards which will reduce the problem of child abuse and neglect, improve coordination among state agencies that provide prevention services, and improve the condition of children and parents or guardians who are in need of prevention program services.
Ala. Code § 26-10F-5 — Alabama Code / Title 26 / Chapter 10F / Section 26-10F-5
Section 26-10F-5 Who May Adopt
Status: in_force

(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 adult unless the petition for adoption is filed jointly by his or her spouse, unless that spouse is the biological or legal parent of the adult sought to be adopted.

(c) Unless the adoptee is biologically related to the petitioner or petitioners, any petitioner seeking to adopt another adult shall be at least 10 years older than the adoptee, unless waived by the court for good cause shown.

(d) An adult may only be adopted as provided in this chapter and for the establishment of a legal parent-child relationship.

(e) The State Department of Human Resources shall provide by rule the process through which an individual seeking to participate in foster care or adoption may apply for an exemption from any vaccination requirement for religious or other appropriate reason for himself, herself, or any other individual in his or her household.
Ala. Code § 26-2B-208 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-208
Section 26-2B-208 Notice of Proceeding
Status: in_force

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent’s home state, if any. The notice must be given in the same manner as notice is required to be given in this state, pursuant to Section 26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings Act.
Ala. Code § 26-19-9 — Alabama Code / Title 26 / Chapter 19 / Section 26-19-9
Section 26-19-9 Board of Education to Compile and Distribute List of Missing School Children
Status: in_force

The State Board of Education shall perform the following functions:

(1) Collect each month a list of missing Alabama school children, with a photograph, if available, as provided by ACMEC. A missing Alabama school child shall be defined for the purposes of this section as a child under 18 years whose whereabouts are unknown and who may reasonably be expected to be attending an Alabama school. The list shall be designed to include such information as the board deems necessary for the identification of the missing school child.

(2) Compile from the information collected pursuant to subdivision (1) a list of missing school children, to be distributed monthly to all public school systems admitting children to kindergarten through grade 12. The list shall include the names of all such missing children, together with such other information, with photographs, when available. The school systems shall distribute this information to the public schools in the system by whatever manner each system deems appropriate.

(3) Obtain from principals of public, private, and parochial schools in Alabama the name, birthdate, and Social Security number of each pupil who enrolls in the school for the first time and submit the information to ACMEC within thirty (30) days of the pupil’s enrollment.
Ala. Code § 26-9-12 — Alabama Code / Title 26 / Chapter 9 / Section 26-9-12
Section 26-9-12 Furnishing of Copy of Public Record Used to Determine Eligibility for Benefits to Applicant for Benefits
Status: in_force

Whenever a copy of any public record is required by the administration to be used in determining the eligibility of any person to participate in benefits made available by such administration, the official charged with the custody of such public record shall without charge provide the applicant for such benefits or any person acting on his or her behalf or the representative of such administration with a certified copy of such record.
Ala. Code § 26-1A-214 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-214
Section 26-1A-214 Benefits from Governmental Programs or Civil or Military Service
Status: in_force

(a) In this section, “benefits from governmental programs or civil or military service” means any benefit, program, or assistance provided under a statute or regulation including, but not limited to, Social Security, Medicare, and Medicaid.

(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:

(1) execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in Section 26-1A-213(a)(1), and for shipment of their household effects;

(2) take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;

(3) enroll in, apply for, select, reject, change, amend, or discontinue, on the principal’s behalf, a benefit or program;

(4) prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;

(5) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and

(6) receive the financial proceeds of a claim described in paragraph (4) and conserve, invest, disburse, or use for a lawful purpose anything so received.
Ala. Code § 26-9-15 — Alabama Code / Title 26 / Chapter 9 / Section 26-9-15
Section 26-9-15 Removal of Guardian for Failure to File Account of Moneys Received for Ward, Etc
Status: in_force

If any guardian shall fail to file any account of the moneys received by him or her from the administration on account of his or her ward within 30 days after such account is required by either the court or the administration or shall fail to furnish the administration a copy of his or her accounts as required by this chapter, such failure shall be grounds for removal.
Ala. Code § 26-9-5 — Alabama Code / Title 26 / Chapter 9 / Section 26-9-5
Section 26-9-5 Procedure for Appointment of Guardian - Filing of Petition; Contents Thereof
Status: in_force

A petition for the appointment of a guardian may be filed in any court of competent jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there is no person so entitled or if the person so entitled shall neglect or refuse to file such a petition within 30 days after mailing of notice by the administration to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed in any court of competent jurisdiction by or on behalf of any responsible person residing in this state.

The petition for appointment shall set forth the name, age, place of residence of the ward, the names and places of residence of the nearest relative, if known, and the fact that such ward is entitled to receive moneys payable by or through the administration and shall set forth the amount of moneys then due and the amount of probable future payments. The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward.

In the case of a mentally incompetent ward, the petition shall show that such ward has been rated incompetent on examination by the administration in accordance with the laws and regulations governing the administration.
Ala. Code § 26-23B-4 — Alabama Code / Title 26 / Chapter 23B / Section 26-23B-4
Section 26-23B-4 Determination of Postfertilization Age of Unborn Child
Status: in_force

(a) Except in the case of a medical emergency, no abortion shall be performed or induced or be attempted to be performed or induced unless the physician performing or inducing the abortion has first made a determination of the probable postfertilization age of the unborn child or relied upon such a determination made by another physician. In making such a determination, the physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to perform in making an accurate diagnosis with respect to postfertilization age.

(b) Failure by any physician to conform to any requirement of this section constitutes unprofessional conduct.
Ala. Code § 26-5-51 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-51
Section 26-5-51 Personal Representative of Conservator May Be Made Party to Settlement Proceedings
Status: in_force

Should a personal representative of such deceased conservator be appointed at any time before final decree, any party to the proceeding may on motion have such personal representative of such deceased conservator made a party to such settlement on 10 days’ notice.
Ala. Code § 26-24-62 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-62
Section 26-24-62
Status: in_force

(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) Must be actively supervised by staff.

(b) Background television and passive screen time is prohibited in early childhood education programs.

(c) This article shall not apply to any of the following:

(1) The screen time of any student acting pursuant to the student’s Individualized Education Program, Section 504 plan, or Individualized Health Plan.

(2) Screen time by any kindergarten student necessary to complete required diagnostic tests and assessments.

(3) Screen time by any student enrolled in classes offered as part of a virtual school or virtual program approved by a local board of education.

(d) The department, the State Department of Human Resources, and the State Board of Education may adopt rules to implement and administer this article.
Ala. Code § 26-23H-3 — Alabama Code / Title 26 / Chapter 23H / Section 26-23H-3
Section 26-23H-3 Definitions
Status: in_force

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 the termination by those means will with reasonable likelihood cause the death of the unborn child. The term does not include these activities if done with the intent to save the life or preserve the health of an unborn child, remove a dead unborn child, to deliver the unborn child prematurely to avoid a serious health risk to the unborn child’s mother, or to preserve the health of her unborn child. The term does not include a procedure or act to terminate the pregnancy of a woman with an ectopic pregnancy, nor does it include the procedure or act to terminate the pregnancy of a woman when the unborn child has a lethal anomaly.

(2) ECTOPIC PREGNANCY. Any pregnancy resulting from either a fertilized egg that has implanted or attached outside the uterus or a fertilized egg implanted inside the cornu of the uterus.

(3) LETHAL ANOMALY. A condition from which an unborn child would die after birth or shortly thereafter or be stillborn.

(4) MEDICAL EMERGENCY. A condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that her pregnancy must be terminated to avoid a serious health risk as defined in this chapter.

(5) PHYSICIAN. A person licensed to practice medicine and surgery or osteopathic medicine and surgery in Alabama.

(6) SERIOUS HEALTH RISK TO THE UNBORN CHILD’S MOTHER. In reasonable medical judgment, the child’s mother has a condition that so complicates her medical condition that it necessitates the termination of her pregnancy to avert her death or to avert serious risk of substantial physical impairment of a major bodily function. This term does not include a condition based on a claim that the woman is suffering from an emotional condition or a mental illness which will cause her to engage in conduct that intends to result in her death or the death of her unborn child. However, the condition may exist if a second physician who is licensed in Alabama as a psychiatrist, with a minimum of three years of clinical experience, examines the woman and documents that the woman has a diagnosed serious mental illness and because of it, there is reasonable medical judgment that she will engage in conduct that could result in her death or the death of her unborn child. If the mental health diagnosis and likelihood of conduct is confirmed as provided in this chapter, and it is determined that a termination of her pregnancy is medically necessary to avoid the conduct, the termination may be performed and shall be only performed by a physician licensed in Alabama in a hospital as defined in the Alabama Administrative Code and to which he or she has admitting privileges.

(7) UNBORN CHILD, CHILD, OR PERSON. A human being, specifically including an unborn child in utero at any stage of development, regardless of viability.

(8) WOMAN. A female human being, whether or not she has reached the age of majority.
Ala. Code § 26-21-6 — Alabama Code / Title 26 / Chapter 21 / Section 26-21-6
Section 26-21-6 Penalties for Violation of Chapter
Status: in_force

(a)(1) Any person who intentionally performs or causes to be performed an abortion in violation of the provisions of this chapter or intentionally fails to conform to any requirement of this chapter, shall be guilty of a Class A misdemeanor.

(2) Any conviction of any person for any failure to comply with the requirements of this chapter may result in the suspension of the person’s professional license for a period of at least one year and shall be reinstated after that time only on such conditions as the appropriate regulatory or licensing body may require to insure compliance with this chapter.

(b) In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this chapter shall provide a basis for professional disciplinary action under any applicable statutory or regulatory procedure for the suspension or revocation of any license for physicians, psychologists, licensed social workers, licensed professional counselors, registered nurses, or other licensed or regulated persons.
Ala. Code § 26-23C-2 — Alabama Code / Title 26 / Chapter 23C / Section 26-23C-2
Section 26-23C-2 Legislative Findings
Status: in_force

(a) The Legislature of the State of Alabama finds all of the following:

(1) Under the Patient Protection and Affordable Care Act, P.L. 111-148, federal tax dollars, via affordability credits, subsidies provided to individuals between 150-400 percent of the federal poverty level, are routed to exchange participating health insurance plans, including plans that provide coverage for abortions.

(2) Federal funding of insurance plans that provide abortions is an unprecedented change in federal abortion funding policy. The Hyde Amendment, as passed each year in the Labor Health and Human Services Appropriations bill, and the Federal Employee Health Benefits Program, FEHBP, prohibit federal funds from subsidizing health insurance plans that provide abortions. Under this new law, however, exchange participating health insurance plans that provide abortions can receive federal funds.

(3) The provision of federal funding for health insurance plans that provide abortion coverage is nothing short of taxpayer funded and government endorsed abortion.

(4) However, P.L. 111-148 allows a state to “opt out” of permitting health insurance plans that cover abortions to participate in the exchanges within that state and thereby prohibit taxpayer money from subsidizing plans that cover abortions within that state.

(5) The decision not to fund abortions places no governmental obstacle in the path of a woman who chooses to terminate her pregnancy.

(6) Moreover, it is permissible for a state to engage in unequal subsidization of abortions and other medical services to encourage alternative activity deemed in the public interest.

(7) Citizens of the State of Alabama, like other Americans, oppose the use of public funds, both federal and state, to pay for abortions. For example, a January 2010 Quinnipiac poll showed that 7 in 10 Americans were opposed to provisions in federal health care reform that use federal funds to pay for abortions and abortion coverage.

(8) The Guttmacher Institute, which advocates for unfettered and taxpayer-funded access to abortion, confirms that, based on Medicaid studies, more women have abortions when it is covered by private or public insurance programs.

(b) Based on the findings in subsection (a), it is the purpose of this chapter to affirmatively opt out of allowing qualified health plans that cover abortions to participate in exchanges within the State of Alabama.
Ala. Code § 26-1A-205 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-205
Section 26-1A-205 Tangible Personal Property
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to:

(1) demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property;

(2) sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or, otherwise dispose of tangible personal property or an interest in tangible personal property;

(3) grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;

(4) release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property;

(5) manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:

(A) insuring against liability or casualty or other loss;

(B) obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise;

(C) paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments;

(D) moving the property from place to place;

(E) storing the property for hire or on a gratuitous bailment; and

(F) using and making repairs, alterations, or improvements to the property; and

(6) change the form of title of an interest in tangible personal property.
Ala. Code § 26-9-18 — Alabama Code / Title 26 / Chapter 9 / Section 26-9-18
Section 26-9-18 Taxing of Costs and Fees of Guardian
Status: in_force

The costs and fees, exclusive of fees of the guardian ad litem incident to any partial or final settlement by any guardian subject to the provisions of this chapter, shall be taxed in the amounts provided by the general statutes for like services, but there shall not be taxed or charged against the estate of the ward, on any partial settlement, any amount in excess of one half of one percent of the amount of money with which the guardian is chargeable on the settlement as having received since the last preceding settlement and with which the guardian has not previously been charged; provided, that the limitations contained in this section as to costs and fees shall not affect the commissions and fees otherwise payable to the general guardian and to guardians ad litem.
Ala. Code § 26-2A-131 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-131
Section 26-2A-131 Protective Proceedings; Jurisdiction of Business Affairs of Protected Persons
Status: in_force

Subject to Section 26-2A-31, after the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has:

(1) Exclusive jurisdiction to determine the need for a conservator or other protective order until the proceedings are terminated; and

(2) Exclusive jurisdiction to determine how the estate of the protected person which is subject to the laws of this state must be managed, expended, or distributed to or for the use of the protected person, the protected person’s dependents, or other claimants.
Ala. Code § 26-17-603 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-603
Section 26-17-603 Parties to Proceeding
Status: in_force

The following individuals must be joined as parties in a proceeding to adjudicate parentage:

(1) the mother of the child; and

(2) a man whose paternity of the child is to be adjudicated.
Ala. Code § 26-10E-9 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-9
Section 26-10E-9 Consent to Adoption or Relinquishment for Adoption - Implied Consent
Status: in_force

(a) A rebuttable presumption that a parent has impliedly consented to the adoption or the relinquishment for adoption of an adoptee arises when clear and convincing evidence shows any of the following:

(1) Abandonment of the adoptee by the parent during the four months immediately preceding the date of the filing of the petition for adoption.

(2) Abandonment of the biological mother by the legal father or putative father by failing to offer to the biological mother financial or emotional support, or both, during the four months immediately preceding the birth of the adoptee despite knowing or having reason to know of the pregnancy.

(3) The parent, without good cause or excuse, left the adoptee without provision for his or her identification for a period of 30 days.

(4) The parent voluntarily and knowingly, without good cause or excuse, left the adoptee with another person without personally providing support for, initiating communication with, or otherwise maintaining a substantial relationship with the adoptee for the four consecutive months immediately preceding the date of the filing of the petition.

(b) A rebuttable presumption that any individual or agency whose consent is required has impliedly consented to the adoption, or the relinquishment for adoption, of an adoptee arises when clear and convincing evidence shows that the individual or agency has received notification of the pendency of the adoption proceedings pursuant to Section 26-10E-17 and has failed to answer or otherwise respond to the petition within 30 days.

(c) Implied consent under subsections (a) or (b) may not be withdrawn by any individual.

(d) A putative father who fails to file a notice of intent to claim paternity of an adoptee pursuant to Section 26-10C-1 prior to or within 30 days of the birth of the adoptee shall be deemed to have given irrevocable implied consent to, or relinquishment for, the adoption of the adoptee.

(e) At any time before the birth of the adoptee, a licensed child-placing agency, an attorney representing the legal mother, or an attorney representing the prospective adoptive parents may serve a putative father with notice consistent with Section 26-10E-17 that the legal mother is considering an adoptive placement of the unborn child in a form to be developed by the Administrative Office of Courts and the Alabama Law Institute. The notice shall not obligate the legal mother to place the child for adoption. A putative father intending to contest the adoption shall have 30 days from the date of service of the notice to file an action to establish his paternity of the unborn child under Section 26-17-611 and to register with the putative father registry pursuant to Section 26-10C-1. If the notified putative father fails to file this action and register with the putative father registry, his failure shall be deemed an irrevocable implied consent to the adoption of the child.
Ala. Code § 26-15-3 — Alabama Code / Title 26 / Chapter 15 / Section 26-15-3
Section 26-15-3 Torture, Willful Abuse, Etc., of Child Under 18 Years of Age by Responsible Person
Status: in_force

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.
Ala. Code § 26-17-203 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-203
Section 26-17-203 Consequences of Establishment of Parentage
Status: in_force

Unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise specifically provided by other law of this state.
Ala. Code § 26-2A-113 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-113
Section 26-2A-113 Petition to Compel Visitation
Status: in_force

(a) A relative may file a petition with the court to compel visitation with a ward from whom he or she has been isolated.

(b) The petition shall be filed in the court having jurisdiction over the guardianship of the ward.

(c) On motion of either the petitioner or the guardian or the court, the petition shall be transferred to the circuit court for the sole purpose of a determination of any relief under this division.

(d) The petition shall state all of the following information:

(1) The condition of the ward’s physical and mental health, to the extent known by the petitioner.

(2) The efforts to obtain visitation with the ward.

(3) The proposed visitation that is sought.

(4) The deficit or deficits, if any, in the ward’s mental functions that are impaired and an identification of a link between the deficit or deficits and the ward’s inability to respond knowingly and intelligently to queries about the requested visitation.

(5) The names and addresses, so far as they are known to the petitioner, of the spouse and relatives of the first degree of the ward.

(e) The court shall provide notice not less than 14 days before the hearing in the manner specified in Section 26-2A-103, unless the hearing is an emergency hearing pursuant to subsection (g), in which case, notice shall be given as soon as practicable.

(f) A determination by the court regarding capacity under this section may not be used as evidence of capacity in any other proceeding.

(g) If the petition filed under subsection (a) states that the ward’s health is in significant decline or that the ward’s death may be imminent, the court shall conduct an emergency hearing as soon as practicable, but not later than 10 days after the date the petition is filed under subsection (a).
Ala. Code § 26-5-2 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-2
Section 26-5-2 Partial Settlement - When Required; Filing of Account and Vouchers by Conservator; Appointment of Guardian Ad Litem for Ward
Status: in_force

If not otherwise directed, the conservator must, at least once in three years, file in the court of probate an account of his or her guardianship, accompanied with the vouchers showing his or her receipts and disbursements, which must be verified by affidavit. Upon the filing of such account and vouchers the court must appoint a guardian ad litem to represent the ward.
Ala. Code § 26-2-52 — Alabama Code / Title 26 / Chapter 2 / Section 26-2-52
Section 26-2-52 Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Appointment of Date for Hearing on Application; Notice to Guardian or Conservator, Etc
Status: in_force

On the filing of such application, the court must appoint a day for the hearing thereof, not more than 10 days thereafter, and the guardian or conservator and the person at whose instance the inquisition was had and taken must be cited to appear and show cause against it.
Ala. Code § 26-17-106 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-106
Section 26-17-106 Determination of Maternity
Status: in_force

Provisions of this chapter relating to determinations of paternity apply to determinations of maternity.
Ala. Code § 26-9-1 — Alabama Code / Title 26 / Chapter 9 / Section 26-9-1
Section 26-9-1 Short Title
Status: in_force

This chapter may be cited as the Uniform Veterans’ Guardianship Act.
Ala. Code § 26-1-6 — Alabama Code / Title 26 / Chapter 1 / Section 26-1-6
Section 26-1-6 Parental Rights
Status: in_force

(a) The Legislature finds and declares both of the following:

(1) The Alabama Supreme Court and United States Supreme Court have recognized that parents have a fundamental right to direct the upbringing of their children.

(2) The liberty protected by the due process clause includes the fundamental right of parents to direct the education, upbringing, care, and control of their children.

(b) The government may not burden the fundamental right of parents to direct the education, upbringing, care, and control of their child unless the government demonstrates that the application of the burden is narrowly tailored to a compelling state interest and the government uses the least restrictive means possible to further that interest.

(c) This section may not be construed as authorizing or allowing a parent to engage in child abuse or neglect.

(d) This section shall only be construed as applying to disputes between parents and the government or third parties and does not modify the law as to disputes between parents.
Ala. Code § 26-16-3.1 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-3.1
Section 26-16-3.1 Child Abuse and Neglect Prevention Board - Transfer of Rights, Duties, Property, Etc., to Department of Child Abuse and Neglect Prevention
Status: in_force

(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 Child Abuse and Neglect Prevention Board shall be transferred to the Department of Child Abuse and Neglect Prevention. Any reference to the state board in any existing law, contract, or other instrument, except as otherwise provided in this section or Sections 26-16-2, 26-16-3, 26-16-4, and 26-16-6, shall be deemed a reference to the Department of Child Abuse and Neglect Prevention.

(b) A reasonable transition period for the name change shall be allowed to permit an orderly and cost-effective transition, relating particularly to the use of equipment, and supplies of all letterhead, business cards, forms, and any other materials in use by the state board containing the name State Child Abuse and Neglect Prevention Board shall continue to be used by the Department of Child Abuse and Neglect Prevention until the supplies are exhausted. Replacement supplies shall contain the name of the Department of Child Abuse and Neglect Prevention.

(c) The Code Commissioner, pursuant to Section 29-7-8, at times determined appropriate, shall implement this statutory name change in applicable sections of this code.
Ala. Code § 26-23E-4 — Alabama Code / Title 26 / Chapter 23E / Section 26-23E-4
Section 26-23E-4 Physician Requirements
Status: in_force

(a) Only a physician may perform an abortion.

(b) During and after an abortion procedure performed at an abortion or reproductive health center, a physician must remain on the premises until all patients are discharged. The discharge order must be signed by the physician. Prior to discharge from the facility, the patient shall be provided with the name and telephone number of the physician who will provide care in the event of complications, and the name of the medications given at the abortion clinic.

(c) Every physician referenced in this section shall have staff privileges at an acute care hospital within the same standard metropolitan statistical area as the facility is located that permit him or her to perform dilation and curettage, laparotomy procedures, hysterectomy, and any other procedures reasonably necessary to treat abortion-related complications.
Ala. Code § 26-9-4 — Alabama Code / Title 26 / Chapter 9 / Section 26-9-4
Section 26-9-4 Limitations as to Appointment of Guardians
Status: in_force

Except as provided in this chapter, it shall be unlawful for any person to accept appointment as guardian of any ward if such proposed guardian shall at that time be acting as guardian for five wards. In any case, upon presentation of a petition by an attorney of the administration under this section alleging that a guardian is acting in a fiduciary capacity for more than five wards and requesting his or her discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge such guardian in the case. The limitations of this section shall not apply where the guardian is a bank or trust company acting for the wards’ estates only. An individual may be guardian of more than five wards if they are all members of the same family.
Ala. Code § 26-26-9 — Alabama Code / Title 26 / Chapter 26 / Section 26-26-9
Section 26-26-9 Application to Licensed Pharmacists
Status: in_force

This chapter does not affect a right or duty afforded to a licensed pharmacist by state law.
Ala. Code § 26-17-902 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-902
Section 26-17-902 Severability Clause
Status: in_force

If any provision of this chapter or its application to an individual or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Ala. Code § 26-10B-4 — Alabama Code / Title 26 / Chapter 10B / Section 26-10B-4
Section 26-10B-4 Department of Human Resources Authorized to Enter into Interstate Compacts
Status: in_force

The State Department of Human Resources, by and through its commissioner, is authorized to develop, negotiate, and enter into one or more interstate compacts on behalf of this state with other states to implement one or more of the purposes set forth in this chapter. When so entered into, and for so long as it shall remain in force, such a compact shall have the force and effect of law.
Ala. Code § 26-1A-107 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-107
Section 26-1A-107 Meaning and Effect of Power of Attorney
Status: in_force

The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
Ala. Code § 26-2A-8 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-8
Section 26-2A-8 Application to Existing Relationships
Status: reserved

Guardianships created prior to January 1, 1988, and continuing in effect on January 1, 1988, are not terminated, even though the statute under which the appointment was made may be repealed by this chapter. Those guardianships continue in effect as they existed prior to this chapter with all of the powers and duties of the guardianship, except that the guardian previously appointed in addition will have the powers and duties of a guardian and a conservator under this chapter to the extent that the powers and duties under this chapter may be broader or more clearly expressed.
Ala. Code § 26-3-14 — Alabama Code / Title 26 / Chapter 3 / Section 26-3-14
Section 26-3-14 Reduction of Conservator’s Bond Upon Partial Settlement of Estate
Status: in_force

Upon the filing of any partial settlement by the conservator of a minor or an incapacitated person in the court in which such estate is pending, such conservator may pray for a reduction in the amount of his or her bond as such conservator. Thereupon, the court must set a day for the hearing of such partial settlement and must cause notices to be issued to all parties in interest as is now provided by law for final settlements of such estates and, on the day set for hearing, the court may fix the amount to which the bond shall be reduced, which shall be determined as now provided by law for such bonds.
Ala. Code § 26-14-7 — Alabama Code / Title 26 / Chapter 14 / Section 26-14-7
Section 26-14-7 Duties of Department of Human Resources
Status: in_force

(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 possible, shall include:

(1) The nature, extent and cause of the child abuse or neglect;

(2) The identity of the person responsible therefor;

(3) The names and conditions of other children in the home;

(4) An evaluation of the parents or person responsible for the care of the child;

(5) The home environment and the relationship of the child or children to the parents or other persons responsible for their care; and

(6) All other data deemed pertinent.

(c) The investigation may include a visit to the child’s home, an interview with the subject child, and may include a physical, psychological, or psychiatric examination of any child or children in that home. If the admission to the home, school, or any other place that the child may be, or permission of the parent or other persons responsible for the child or children, for the physical, psychological, or psychiatric examination, cannot be obtained, then a court of competent jurisdiction, upon cause shown, shall order the parents or persons responsible and in charge of any place where the child may be to allow the interview, examinations, and investigation. If, before the examination is complete, the opinion of the investigators is that immediate removal is necessary to protect a child or children from further abuse or neglect, a court of competent jurisdiction, on petition by the investigators and with good cause being shown, shall issue an order for temporary removal and custody.

(d) 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. The county department of human resources shall make a written report or case summary, together with services offered and accepted to the state’s central registry on forms supplied by the registry for that purpose.
Ala. Code § 26-17-501 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-501
Section 26-17-501 Scope of Article
Status: in_force

This article governs genetic testing of an individual to determine parentage, whether the individual:

(1) voluntarily submits to testing; or

(2) is tested pursuant to an order of the court or the Alabama Department of Human Resources.
Ala. Code § 26-20-6 — Alabama Code / Title 26 / Chapter 20 / Section 26-20-6
Section 26-20-6 Records, Statements, Etc., Required by Chapter to Be Confidential
Status: reserved

Repealed by Act 2000-775, p. 1775, §12, effective November 1, 2000.
Ala. Code § 26-2B-302 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-302
Section 26-2B-302 Accepting Guardianship or Conservatorship Transferred from Another State
Status: in_force

(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to Section 26-2B-301, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include the following:

(1) a certified copy of the other state’s provisional order of transfer;

(2) an inventory of the protected person’s estate as of the date of the petition including certified records of all bank accounts in the protected person’s estate as of the date of the petition;

(3) proof of the conservator’s bond; and

(4) any final accounting of the protected person’s estate which has been submitted in the prior jurisdiction. If no such accounting was required by the transferring court, the petitioner must prepare and submit an accounting prior to acceptance.

(b) Notice of a petition under subsection (a) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.

(c) On the court’s own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a).

(d) The court shall issue a provisional order granting a petition filed under subsection (a) unless:

(1) an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person;

(2) the guardian or conservator is ineligible for appointment in this state; or

(3) the petitioner fails to comply with the provisions of subsection (a).

(e) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to Section 26-2B-301 transferring the proceeding to this state and upon compliance with Section 26-2A-139.

(f) Not later than 90 days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state. Such modification may include, among other things, an inventory or an accounting pursuant to Sections 26-2A-146 and 26-2A-147.

(g) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person’s incapacity and the appointment of the guardian or conservator.

(h) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under Chapter 2A of this title, if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.