Ala. Code § 26-16-6 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-6
Section 26-16-6 Child Abuse and Neglect Prevention Board - Duties and Functions of Board and Department
Status: in_force

(a) The state board shall do all of the following:

(1) Meet not less than twice annually at the times prescribed in Section 26-16-5(a).

(2) Transmit to the Governor a list of individuals recommended to fill the position of director.

(b) The department, with the approval of the state board, shall do all of the following:

(1) Annually develop a state plan for the distribution of funds from the trust fund. The plan shall assure that an equal opportunity exists for establishment of prevention programs and receipt of trust fund money among all geographic areas in this state. The plan shall be transmitted to the Speaker of the House, the President Pro Tempore of the Senate, to the Governor, and to the Government Finance and Appropriations Committee of the House of Representatives, or its successor, and the Committee on Finance and Taxation General Fund of the Senate, or its successor.

(2) Provide for the coordination and exchange of information on the establishment and maintenance of local councils and prevention programs.

(3) Develop and publicize criteria for the receipt of trust fund money by eligible local councils, eligible prevention programs, and eligible family resource and support programs and centers.

(4) Review, approve, and monitor the expenditure of trust fund money by local councils and prevention programs.

(5) Provide statewide educational and public informational seminars for the purpose of developing appropriate public awareness regarding the problems of child abuse and neglect; encourage professional persons and groups to recognize and deal with problems of child abuse and neglect; 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 encourage the development of community prevention programs and family resource and support programs and centers.

(6) Establish a procedure for the annual, internal evaluation of the functions, responsibilities, and performance of the department, and include the evaluation in the state plan.

(c) The department, with the approval of the state board, shall enter into contracts with public or private agencies to fulfill the requirements of subdivision (5) of subsection (b) and may contract to fulfill the other requirements of subsection (b).
Ala. Code § 26-23B-1 — Alabama Code / Title 26 / Chapter 23B / Section 26-23B-1
Section 26-23B-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Alabama Pain-Capable Unborn Child Protection Act.
Ala. Code § 26-10F-12 — Alabama Code / Title 26 / Chapter 10F / Section 26-10F-12
Section 26-10F-12 Contested Hearing
Status: in_force

(a) Upon the filing of a pleading or a motion by a party contesting the adoption, the probate court may not transfer the case or any part of the case to another court of this state, and shall forthwith set the matter for a contested hearing to determine each of the following:

(1) Whether the best interest of the adoptee will be served by the adoption.

(2) Whether the adoptee is available for adoption by each petitioner and whether each petitioner qualifies to adopt the adoptee within the requirements of this chapter.

(3) Whether all necessary consent has been given and, if so, the validity of each consent.

(4) Whether an express consent has been or may be withdrawn.

(b) The court shall give at least 14 days notice of the contested hearing by United States mail to all parties who have appeared before the court unless notice has been waived in writing. The party contesting the adoption and each petitioner shall be present at the contested hearing. A guardian ad litem shall appear and represent the interest of the adoptee. Any contestant who is an incapacitated person shall also be represented by a guardian ad litem in addition to any counsel retained by the contestant.

(c) The court may continue the hearing from time to time to permit notice to all parties or to permit further discovery, observation, investigation, or consideration of any fact or circumstance affecting the granting or denial of the adoption petition. The court may order the investigator appointed under Section 26-10F-11, or a court representative to investigate allegations underlying the contest or the whereabouts of any person entitled to notice of the proceeding.

(d) At the conclusion of the contested hearing, the court shall decide the contest as soon as practicable. If it is determined by the court that the adoption petition should be denied, the court shall enter a final judgment denying the contest. The entry of a final judgment denying a contest terminates the status of the contestant as a party to the adoption proceedings and terminates the contestant’s right to notice of further adoption proceedings.

(e) At the contested hearing, the court shall consider any motion of the petitioner or petitioners to obtain reimbursement for all reasonable medical and living expenses incidental to the care and well-being of the adoptee for the time the adoptee resided with the petitioner or petitioners where the adoptee is an incapacitated adult. If the adoption is denied, the probate court, unless just cause is shown otherwise by the contestant, shall order such reimbursement.

(f) Upon denial of a contest, the court, unless just cause is shown otherwise by the contestant, shall issue an order for reimbursement to the petitioner or petitioners of the legal costs incurred by each petitioner incidental to the contest.
Ala. Code § 26-16-114 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-114
Section 26-16-114 Investigations; Training; Protocol and Reporting Forms
Status: in_force

(a) An investigation shall be performed utilizing protocol and forms approved by the Alabama Sudden Unexplained Infant Death Investigation (SUIDI) Team in all incidents of infant deaths.

(b) All law enforcement agencies within this state are responsible to ensure that all personnel who investigate infant deaths obtain training developed by the SUIDI Team on investigation protocol and completing reporting forms.

(c) All elected and appointed coroners and deputy coroners are responsible for obtaining training on investigation protocol and completing reporting forms in cases of infant deaths.

(d) The training, which shall be developed by the SUIDI Team, shall include a focus on the importance of being sensitive to the grief of family members and shall be consistent with the death scene investigation protocol approved by the SUIDI Team.

(e) The Alabama Department of Public Health shall be responsible for developing a team of trainers to provide infant death investigation training to law enforcement personnel, as well as coroners and deputy coroners.

(f) The Alabama Department of Public Health shall be responsible for disseminating infant death investigation protocol and reporting forms to the various law enforcement associations and the Alabama Coroner’s Association within the state which shall in turn disseminate the protocol and reporting forms to the respective law enforcement agencies and coroners in this state.

(g) When changes occur in protocol pertaining to SUID investigations, the Alabama Department of Public Health shall promptly notify various law enforcement associations and the Alabama Coroner’s Association within the state. The changes shall then be communicated in a timely manner to the respective law enforcement agencies and coroners for dissemination to their enforcement personnel.
Ala. Code § 26-2A-153 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-153
Section 26-2A-153 Distributive Duties and Powers of Conservator
Status: in_force

(a) A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the health, support, education, or maintenance of the protected person and dependents in accordance with the following principles:

(1) The conservator shall consider recommendations relating to the appropriate standard of support, education, and benefit for the protected person or dependents made by a parent or guardian, if any. The conservator may not be surcharged for sums paid to persons or organizations furnishing support, education, or maintenance to the protected person or a dependent pursuant to the recommendations of a parent or guardian of the protected person unless the conservator knows that the parent or guardian derives personal financial benefit therefrom, including relief from any personal duty of support, or the recommendations are clearly not in the best interest of the protected person.

(2) The conservator shall expend or distribute sums reasonably necessary for the health, support, education, or maintenance of the protected person and dependents with due regard to (i) the size of the estate, the probable duration of the conservatorship, and the likelihood that the protected person, at some future time, may be fully able to be wholly self-sufficient and able to manage business affairs and the estate; (ii) the accustomed standard of living of the protected person and dependents; and (iii) other funds or sources used for the support of the protected person.

(3) The conservator may expend funds of the estate for the support of persons legally dependent on the protected person and others who are members of the protected person’s household who are unable to support themselves, and who are in need of support. In expending funds under this division, the conservator shall consider and apply the criteria considered in subdivision (a)(2).

(4) Funds expended under this subsection may be paid by the conservator to any person, including the protected person, to reimburse for expenditures that the conservator might have made, or in advance for services to be rendered to the protected person if it is reasonable to expect the services will be performed and advance payments are customary or reasonably necessary under the circumstances.

(5) A conservator, in discharging the responsibilities conferred by court order and this division, shall implement the principles described in Section 26-2A-136(a) to the extent possible.

(b) If the estate is ample to provide for the purposes implicit in the distributions authorized by the preceding subsections, a conservator for a protected person other than a minor has power to make gifts to charity and other objects as the protected person might have been expected to make, in amounts that do not exceed in total for any year 20 percent of the income from the estate.

(c) When a minor who has not been adjudged disabled under Section 26-2A-130(c) attains majority, the conservator, after meeting all claims and expenses of administration, shall pay over and distribute all funds and properties to the formerly protected person as soon as possible.

(d) If satisfied that a protected person’s disability, other than minority, has ceased, the conservator, after meeting all claims and expenses of administration, shall pay over and distribute all funds and properties to the formerly protected person as soon as possible and petition the court for a termination of the conservatorship in accordance with Section 26-2A-158.

(e) If a protected person dies, the conservator shall deliver to the court for safekeeping any will of the deceased protected person which may have come into the conservator’s possession, inform the executor or beneficiary named therein of the delivery, and retain the estate for delivery to a duly appointed personal representative of the decedent or other persons entitled thereto. If, 40 days after the death of the protected person, no other person has been appointed personal representative and no application or petition for appointment is before the court, the conservator may apply to exercise the powers and duties of a personal representative in order to be able to proceed to administer and distribute the decedent’s estate. Upon application for an order granting the powers of a personal representative to a conservator, after notice to any person nominated personal representative by any will of which the applicant is aware, the court may grant the application upon determining that there is no objection and endorse the letters of the conservator to note that the formerly protected person is deceased and that the conservator has acquired all of the powers and duties of a personal representative. The making and entry of an order under this section has the effect of an order of appointment of a personal representative, but the estate in the name of the conservator, after administration, may be distributed to the decedent’s successors without prior re-transfer to the conservator as personal representative.
Ala. Code § 26-23A-1 — Alabama Code / Title 26 / Chapter 23A / Section 26-23A-1
Section 26-23A-1 Short Title
Status: in_force

This chapter shall be known and cited as the Woman’s Right to Know Act.
Ala. Code § 26-17-504 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-504
Section 26-17-504 Report of Genetic Testing
Status: in_force

(a) A report of genetic testing must be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report made under the requirements of this article is self-authenticating.

(b) Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony:

(1) the names and photographs of the individuals whose specimens have been taken;

(2) the names of the individuals who collected the specimens;

(3) the places and dates the specimens were collected;

(4) the names of the individuals who received the specimens in the testing laboratory; and

(5) the dates the specimens were received.
Ala. Code § 26-10E-1 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-1
Section 26-10E-1 Short Title
Status: in_force

This chapter shall be known as and may be cited as the Alabama Minor Adoption Code.
Ala. Code § 26-23A-5 — Alabama Code / Title 26 / Chapter 23A / Section 26-23A-5
Section 26-23A-5 Publication of Required Materials
Status: in_force

(a) The Department of Public Health shall publish within 180 days after October 14, 2002, and shall update on an annual basis, the following easily comprehensible printed materials:

(1) Geographically indexed printed materials designed to inform the woman of public and private agencies and services available to provide medical and financial assistance to a woman through pregnancy, prenatal care, upon childbirth, and while her child is dependent. The materials shall include a comprehensive list of the agencies, a description of the services offered, and the telephone numbers and addresses of the agencies.

(2) The printed materials shall include a list of adoption agencies geographically indexed and that the law permits adoptive parents to pay the cost of prenatal care, childbirth, and neonatal care.

(3) Printed materials that inform the pregnant woman of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from fertilization to full term. It shall include color photographs of the developing child at each of the two-week gestational increments, a clear description of the unborn child’s development, any relevant information on the possibility of the unborn child’s survival, and dimensions of the unborn child. The materials shall be realistic, clear, objective, non-judgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages.

(4) The materials shall contain objective information describing the methods of abortion procedures commonly employed and the medical risks of each, and the medical risks associated with carrying a child to term.

(5) The printed materials shall list the support obligations of the father of a child who is born alive.

(6) The printed materials shall state that it is unlawful for any individual to coerce a woman to undergo an abortion, that any physician who performs an abortion upon a woman without her informed consent may be liable to her for damages in a civil action at law.

(7) The material shall include the following statement: “There are many public and private agencies willing and able to help you to carry your child to term, and to assist you and your child after your child is born, whether you choose to keep your child or place him or her for adoption. The State of Alabama strongly urges you to contact those agencies before making a final decision about abortion. The law requires that your physician or his or her agent give you the opportunity to call agencies like these before you undergo an abortion.”

(b) The materials in subsection (a) shall be in a bound booklet, shall contain large clear photographs, and shall be printed in a typeface large enough to be clearly legible.

(c) The materials required under this section and the videotape described in Section 26-23A-6 shall be available to the general public, from the Department of Public Health upon request, and appropriate number to any person, facility, or hospital. The department may charge a reasonable fee based on the cost of producing the materials and videotape.
Ala. Code § 26-2-51 — Alabama Code / Title 26 / Chapter 2 / Section 26-2-51
Section 26-2-51 Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Contents of Application, Etc
Status: in_force

At any time after the inquisition, the person ascertained to be incapacitated, by himself or herself or by next friend, may apply in writing to the court of probate for a revocation of the proceedings against him or her and of the letters of guardianship or conservatorship, the application to be accompanied by the certificate in writing of two physicians or of two other competent persons stating that, after examination of such person, they believe the person’s incapacity has terminated.
Ala. Code § 26-8-40 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-40
Section 26-8-40 Removal of Property of Minor or Ward Whose Parent, Etc., Resides Without State or Removes Minor or Ward from State - Authorization Generally
Status: in_force

When the parent, guardian, or other person having legal custody of a minor child or incapacitated person resides without the state or removed with such child from the state, becoming a resident of another state, the court of probate or the circuit court, having jurisdiction of the estate of the minor or ward has authority to order the removal of the property of the minor or ward to a conservator in the state of the residence of the parent, guardian, or other person having legal custody of the minor or ward.
Ala. Code § 26-17-507 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-507
Section 26-17-507 Additional Genetic Testing
Status: in_force

The court or the Alabama Department of Human Resources pursuant to Section 30-3-197 shall order additional genetic testing upon the request of a party who contests the result of the original testing. If the previous genetic testing identified a man as the father of the child under Section 26-17-505, the court or the Alabama Department of Human Resources pursuant to Section 30-3-197 may not order additional testing unless the party provides advance payment for the testing.
Ala. Code § 26-9-7 — Alabama Code / Title 26 / Chapter 9 / Section 26-9-7
Section 26-9-7 Procedure for Appointment of Guardian - Certification as to Incompetence, Etc., of Mentally Incompetent Ward
Status: in_force

Where a petition is filed for the appointment of a guardian of a mentally incompetent ward, a certificate of the administrator or his or her representative setting forth the fact that such person has been rated incompetent by the administration on examination in accordance with the laws and regulations governing such administration and that the appointment of a guardian is a condition precedent to the payment of any moneys due such persons by the administration shall be prima facie evidence of the necessity for such appointment.
Ala. Code § 26-10D-7 — Alabama Code / Title 26 / Chapter 10D / Section 26-10D-7
Section 26-10D-7 Remedies
Status: in_force

A child placing agency injured by a violation of subsection (a) of Section 26-10D-5 may obtain all appropriate relief provided by the Alabama Administrative Procedure Act. In addition to the remedies provided therein, an aggrieved agency shall be entitled to all rights, remedies, and defenses available to it under the First Amendment Free Exercise of Religion Clause of the United States Constitution and The Alabama Religious Freedom Amendment, Amendment 622 to the Constitution of Alabama of 1901, now appearing as Section 3.01 of the Constitution of Alabama of 2022.
Ala. Code § 26-1A-202 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-202
Section 26-1A-202 Incorporation of Authority
Status: in_force

(a) An agent has authority described in this article if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in Sections 26-1A-204 through 26-1A-217 or cites the section in which the authority is described.

(b) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in Sections 26-1A-204 through 26-1A-217 or a citation to a section of Sections 26-1A-204 through 26-1A-217 incorporates the entire section as if it were set out in full in the power of attorney.

(c) A principal may modify authority incorporated by reference.
Ala. Code § 26-2A-100 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-100
Section 26-2A-100 Appointment of Guardian for Incapacitated Person by Will or Other Writing
Status: in_force

(a) The parent of an unmarried incapacitated person may appoint by will, or other writing signed by the parent and attested by at least two witnesses or acknowledged, a guardian of the incapacitated person. If both parents are dead or the surviving parent is adjudged incapacitated, a parental appointment becomes effective when, after having given seven days’ prior written notice of intention to do so to the incapacitated person and to the person having the care of the person or to the nearest adult relative residing in this state, the guardian files acceptance of appointment in the court in which the will is probated, or in the case of a nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present. If both parents are dead, an effective appointment by the parent who died later has priority.

(b) The spouse of a married incapacitated person may appoint by will, or other writing signed by the spouse and attested by at least two witnesses or acknowledged, a guardian of the incapacitated person. The appointment becomes effective when, after having given seven days’ prior written notice of intention to do so to the incapacitated person and to the person having care of the incapacitated person or to the nearest adult relative residing in this state, the guardian files acceptance of appointment in the court in which the will is probated or, in the case of nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present. An effective appointment by a spouse has priority over an appointment by a parent.

(c) An appointment effected by filing the guardian’s acceptance under a will probated in the state of the decedent’s domicile is effective in this state.

(d) Upon the filing in the court in which the will was probated or, in the case of a nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present, of written objection to the appointment by the incapacitated person for whom a parental or spousal appointment or guardian has been made, the appointment is terminated. An objection does not prevent appointment by the court in a proper proceeding of the parental or spousal nominee or any other suitable person upon an adjudication of incapacity in proceedings under the succeeding sections of this division.
Ala. Code § 26-2A-114 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-114
Section 26-2A-114 Investigation and Report
Status: in_force

Before ruling on the petition, the court may order the Department of Human Resources or the court representative to do any or all of the following:

(1) Conduct interviews with the following:

a. The ward

b. All petitioners.

c. The relatives of the ward.

d. To the extent practical, neighbors and, if known, close friends of the ward.

(2) Inform the ward of the contents of the petition.

(3) Determine whether the ward has the capacity to consent to the requested visitation.

(4) Determine whether the ward desires the proposed visitation.

(5) Report to the court in writing, at least seven days before the hearing, concerning subdivisions (1) to (4), inclusive.

(6) Mail, at least seven days before the hearing, a copy of the report referred to in subdivision (5) to all of the following:

a. The petitioner or his or her attorney, if any.

b. The guardian ad litem appointed to represent the ward for purposes of the petition for visitation.

c. The guardian.

d. Any other person as the court orders.

(7) The report required by this section is confidential and shall be made available only to the parties, persons described in subdivision (6), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court.

(8) If the court investigator has performed an investigation within the preceding 12 months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed.
Ala. Code § 26-17-13 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-13
Section 26-17-13 Evidence Relating to Paternity; Refusal to Testify; Immunity; Evidence of Intercourse with Other Men; Medical and Health Care Bills
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-1A-101 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-101
Section 26-1A-101 Short Title
Status: in_force

This chapter may be cited as the Alabama Uniform Power of Attorney Act.
Ala. Code § 26-24-23 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-23
Section 26-24-23 Duties of Office
Status: in_force

The Office of School Readiness shall do all of the following:

(1) Establish criteria and administer such programs and services as may be necessary for the operation and management of a voluntary prekindergarten program.

(2) Administer such programs and services as may be necessary for the operation and management of preschool and certain child development programs coordinating with the Department of Education for the inclusion of preschool special education.

(3) Ensure that the prekindergarten program provides a developmentally appropriate preschool program emphasizing growth in language and literacy, math concepts, science, arts, physical development, and personal and social competence.

(4) Receive and disperse any funds appropriated to the office from the Legislature for the establishment, operation, and administration of the prekindergarten program. The budget of the office shall be part of the Department of Early Childhood Education.

(5) Assist local units of administration in this state so as to assure the proliferation of services under this article.

(6) Coordinate with the regulatory division for the licensing of child care centers and with the administration of the United States child and adult care food programs at the child care centers participating in the prekindergarten program.

(7) Issue annual reports to the Governor, secretary, and Legislature concerning the administration and operation of the prekindergarten program.

(8) Provide leadership for enhancement of school readiness in this state by aggressively establishing a unified approach to the state’s efforts toward enhancement of school readiness. In support of this effort, the office may develop and implement specific strategies that address the state’s school readiness programs.

(9) Safeguard the effective use of federal, state, local, and private resources to achieve the highest possible level of school readiness for the state’s children.

(10) Provide technical assistance to local programs.

(11) Assess gaps in services.

(12) By January 2001, adopt a system for measuring school readiness that provides objective data regarding the expectations for school readiness, and establish a method for collecting the data and guidelines for using the data. The measurement, the data collection, and the use of the data must serve the statewide school readiness goals. The criteria for determining which data to collect should be the usefulness of the data to state policymakers and local programs’ administrators in administering programs and allocating state funds, and must include the tracking of school readiness system information back to individual school readiness programs to assist in determining program effectiveness.
Ala. Code § 26-2A-81 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-81
Section 26-2A-81 Resignation, Removal, and Other Post-Appointment Proceedings
Status: in_force

(a) Any person interested in the welfare of a ward or the ward, if 14 or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward or for any other order that is in the best interest of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian.

(b) Notice of hearing on a petition for an order subsequent to appointment of a guardian must be given, as prescribed in Section 26-2A-50, to the ward, the guardian, and any other person as ordered by the court.

(c) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.

(d) If the court determines at any time in the proceeding that the interest of the ward is 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 § 26-1A-215 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-215
Section 26-1A-215 Retirement Plans
Status: in_force

(a) In this section, “retirement plan” means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:

(1) an individual retirement account under Internal Revenue Code Section 408, 26 U.S.C. Section 408, as amended;

(2) a Roth individual retirement account under Internal Revenue Code Section 408A, 26 U.S.C. Section 408A, as amended;

(3) a deemed individual retirement account under Internal Revenue Code Section 408(q), 26 U.S.C. Section 408(q), as amended;

(4) an annuity or mutual fund custodial account under Internal Revenue Code Section 403(b), 26 U.S.C. Section 403(b), as amended;

(5) a pension, profit-sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code Section 401(a), 26 U.S.C. Section 401(a), as amended;

(6) a plan under Internal Revenue Code Section 457(b), 26 U.S.C. Section 457(b), as amended; and

(7) a non-qualified deferred compensation plan under Internal Revenue Code Section 409A, 26 U.S.C. Section 409A, as amended.

(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:

(1) select the form and timing of payments under a retirement plan and withdraw benefits from a plan;

(2) make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;

(3) establish a retirement plan in the principal’s name;

(4) make contributions to a retirement plan;

(5) exercise investment powers available under a retirement plan; and

(6) borrow from, sell assets to, or purchase assets from a retirement plan.
Ala. Code § 26-8-43 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-43
Section 26-8-43 Removal of Property of Minor or Ward Whose Parent, Etc., Resides Without State or Removes Minor or Ward from State - Settlement of Conservatorship of Conservator Within State
Status: in_force

If such minor or ward has a conservator in this state appointed by the court or subject to the jurisdiction of the court, an order must be made and entered requiring such conservator to make a final settlement of this conservatorship.
Ala. Code § 26-5-30 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-30
Section 26-5-30 Partial Settlement Generally - Authorization and Procedure Generally
Status: in_force

The court of probate may, at any time it is deemed necessary for the safety of the ward, require a conservator to make partial settlement of his or her conservatorship. The conservator must have notice of such requirement 10 days before the day appointed for his or her appearance by service of process and may appear and show, if he or she can, that such settlement is not necessary.
Ala. Code § 26-23B-8 — Alabama Code / Title 26 / Chapter 23B / Section 26-23B-8
Section 26-23B-8 Preservation of Anonymity
Status: in_force

In every civil or criminal proceeding or action brought under this chapter, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or induced or attempted to be performed or induced 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 from public disclosure, 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 26-23B-7 shall do so under a pseudonym. This section shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.
Ala. Code § 26-23A-4 — Alabama Code / Title 26 / Chapter 23A / Section 26-23A-4
Section 26-23A-4 Voluntary and Informed Consent Required for Abortion
Status: in_force

Except in the case of a medical emergency, no abortion shall be performed or induced without the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:

(a) At least 48 hours before the abortion, the physician who is to perform the abortion, the referring physician, or a qualified person has informed and provided the woman in person, or by return receipt certified mail restricted delivery, and if by mail, again in person prior to the abortion, a copy of the printed materials in Section 26-23A-5 which list agencies that offer assistance, adoption agencies, development of the unborn child, methods and risks of abortion and childbirth, father’s obligations, and alternatives to abortion. Mailing of the materials in Section 26-23A-5 may be arranged by telephone.

(b) Prior to an abortion, the physician who is to perform the abortion, the referring physician, or a qualified person has informed the woman in person:

(1) The name of the physician who will perform the abortion in writing or a business card.

(2) The nature of the proposed abortion method and associated risks and alternatives that a reasonable patient would consider material to the decision of whether or not to undergo the abortion.

(3) The probable gestational age of the unborn child at the time the abortion is to be performed, and the probable anatomical and physiological characteristics of the unborn child at the time the abortion is to be performed. If the unborn child is viable or has reached a gestational age of more than 19 weeks, that:

a. The unborn child may be able to survive outside the womb.

b. The woman has the right to request the physician to use the method of abortion that is most likely to preserve the life of the unborn child, provided such abortion is not otherwise prohibited by law.

c. If the unborn child is born alive, the attending physician has the legal obligation to take all reasonable steps necessary to maintain the life and health of the child.

(4) The physician who is to perform the abortion or the referring physician is required to perform an ultrasound on the unborn child before the abortion. The woman has a right to view the ultrasound before an abortion. The woman shall complete a required form to acknowledge that she either saw the ultrasound image of her unborn child or that she was offered the opportunity and rejected it.

(5) She has the right to view the videotape and ultrasound of her unborn child as described in Section 26-23A-6.

(6) Any need for anti-Rh immune globulin therapy, and if she is Rh negative, the likely consequences of refusing such therapy and the cost of the therapy.

(7) She cannot be forced or required by anyone to have an abortion. She is free to withhold or withdraw her consent for an abortion without affecting her right to future care or treatment and without the loss of any state or federally funded benefits to which she might otherwise be entitled.

(c) The woman shall complete and sign a form that she has received the information of subsections (a) and (b), and does provide her informed consent for an abortion on her unborn child.

(d) Prior to the performance of an abortion, the physician who is to perform the abortion or his or her agent shall receive the signed receipt of the certified mail dated 48 hours before the abortion, if mailed, and the signed forms that she has received the information of subsections (a) and (b) before the abortion, had the opportunity to view the video and the ultrasound of her unborn child, and provided her informed consent for an abortion. The abortion facility shall retain the signed receipt, signed forms, and the ultrasound in the woman’s medical file for the time required by law, but not less than four years.
Ala. Code § 26-23F-10 — Alabama Code / Title 26 / Chapter 23F / Section 26-23F-10
Section 26-23F-10 Exceptions Under Revised Uniform Anatomical Gift Act
Status: in_force

Sections 26-23F-5, 26-23F-6, and 26-23F-7 shall not apply to a physician, doctor, or other person working with and under the direction of a physician or doctor, who in good faith believes that a deceased unborn infant, bodily remains, fetal remains, or fetal tissue were donated in accordance with the Revised Uniform Anatomical Gift Act.
Ala. Code § 26-10E-19 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-19
Section 26-10E-19 (Effective until January 1, 2026) Pre-placement and Post-Placement Investigations
Status: in_force

(a)(1) Except as provided in Sections 26-10E-19.1, 26-10E-26, and 26-10E-27, all minor adoptions shall include an investigation as provided under this section. A pre-placement investigation shall be completed to determine the suitability of each petitioner and the home in which the adoptee will be placed. The pre-placement investigation shall include a criminal background investigation and any other circumstances which might be relevant to the placement of an adoptee with the petitioner or petitioners. The investigation shall include, but is not limited to, all 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. The costs and expenses related to the adoption known or anticipated at the time of the pre-placement investigation.

e. Agency and social worker licenses.

f. 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 or petitioners by blood or marriage. If there are two petitioners, a member from each petitioner’s family shall submit a reference.

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

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

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

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

k. Copies of any death certificates, if applicable.

l. The identity of who will perform the post-placement investigation.

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

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

o. 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.

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

q. 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)(1) The pre-placement investigative report shall be filed with the court at the time of the filing of the petition for adoption. The information to be included in the pre-placement investigation shall be obtained within 12 months preceding the filing of the petition for adoption.

(2) Upon completion of the pre-placement investigation, the person or entity performing the investigation shall send a copy of the pre-placement investigative report to the petitioner or petitioners, except that the individual or entity performing the investigation may omit the reference letters from the copy of the pre-placement investigative report that is sent to the petitioner or petitioners.

(c) In cases when an adoptee has resided in the petitioner’s home prior to the filing of a petition for adoption, the information required in the pre-placement investigative report shall be included in the post-placement investigative report and cannot be waived.

(d)(1) In every adoption proceeding, after a child has been placed in the home of the petitioner or petitioners, the post-placement investigator shall observe the adoptee and interview each petitioner in his or her home as soon as possible after notice of the placement but within 45 days after the placement. The individual or entity performing the investigation shall complete and file the post-placement investigative report with the court within 60 days from receipt of notice of the proceeding and shall deliver a copy of the post-placement investigative report to each petitioner’s attorney or to each petitioner appearing pro se. The post-placement investigative report shall include, but is not limited to, all of the following:

a. Full and updated physical medical evaluations of the adoptee.

b. Full and updated psychological and mental health evaluations of the adoptee, if applicable.

c. The circumstances resulting in the placement of the adoptee with the petitioners.

d. The status of adjustment of the adoptee in the home, including, but not limited to, the following:

1. The bonding of the adoptee to the household members.

2. The adoptee’s academic, social, and medical status.

e. Any counseling or therapeutic services involving the adoptee or petitioners, or both.

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

g. Any current orders issued by another court:

1. Pertaining to the adoptee;

2. Pertaining to the petitioner or petitioners; or

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

h. Updated 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 or the petitioner’s place of residence if other than this state.

i. 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.

j. 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 from any state in which any petitioners have resided.

k. 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.

(e)(1) An individual or entity authorized to perform an investigation under subsection (h) who has not already performed an investigation for the pending adoption shall perform an investigation on any legal or putative parent of the adoptee in an adoption that is not a stepparent or relative adoption under Sections 26-10E-26 and 26-10E-27. This investigation shall include, but is not limited to, the medical and social history of the legal or putative parents as required by the form developed by the Alabama Probate Judges Association and the Alabama Law Institute.

(2) The individual or entity performing an investigation required by subdivision (1) shall submit the investigative report to the court within 60 days of the filing of the petition, and the individual or entity performing the investigation shall also deliver a nonidentifying copy of the report to the petitioner or petitioners.

(3) Notwithstanding subdivisions (1) and (2), the court may require additional information or accept the required information provided in a different format.

(f) Any prospective petitioner or petitioners may directly request an individual or entity listed under subsection (h) to initiate a pre-placement investigation.

(g) Upon a showing of good cause and after notice to the petitioners, the court may grant extensions of time to the individual or entity performing any investigation under this section to file an investigative report. The final judgment of adoption shall not be rendered until such time as all required investigative reports are completed, filed, and determined by the court to be sufficient.

(h) Any investigation required under this section shall be performed by one of the following:

(1) The State Department of Human Resources.

(2) A licensed child-placing agency.

(3) A social worker licensed by the Alabama Board of Social Work Examiners who is also certified by the Alabama Board of Social Work Examiners for private independent practice in the social casework specialty, as provided in Section 34-30-3.

(4) An individual or agency in the petitioner’s residential state that is authorized by that state to perform such investigations.

(i) Notwithstanding subsection (h), the court on its own motion may order any investigation under this section be performed by an agency or individual other than the agency placing the adoptee when the court has cause to believe the investigation is insufficient.

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

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

(l) 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 § 26-22-4 — Alabama Code / Title 26 / Chapter 22 / Section 26-22-4
Section 26-22-4 Viability Testing
Status: in_force

Except in the case of a medical emergency, prior to performing an abortion upon a woman subsequent to her first 19 weeks of pregnancy, the physician shall determine whether, in his or her good faith medical judgment, the child is viable. When the physician has determined that a child is viable, he or she shall report the basis for his or her determination that the abortion is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman. When the physician has determined that a child is not viable after the first 19 weeks of pregnancy, he or she shall report the basis for such determination.
Ala. Code § 26-1A-113 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-113
Section 26-1A-113 Agent’s Acceptance
Status: in_force

Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
Ala. Code § 26-23A-9 — Alabama Code / Title 26 / Chapter 23A / Section 26-23A-9
Section 26-23A-9 Violations
Status: in_force

(a) Any person who intentionally, knowingly, or recklessly violates this chapter is guilty on a first offense of a Class B misdemeanor, on a second offense of a Class A misdemeanor, and on a third or subsequent offense of a Class C felony.

(b) After two convictions within a 12-month period of any person or persons at a specific abortion or reproductive health center, the license of such center shall be suspended for a period of 24 months and may be reinstated after that time only on conditions as the Department of Public Health requires to assure compliance with this chapter.
Ala. Code § 26-14-11 — Alabama Code / Title 26 / Chapter 14 / Section 26-14-11
Section 26-14-11 Appointment of Attorney to Represent Child
Status: in_force

In every case involving an abused or neglected child which results in a judicial proceeding, an attorney shall be appointed to represent the child in such proceedings. Such attorney will represent the rights, interests, welfare, and well-being of the child, and serve as guardian ad litem for the child.
Ala. Code § 26-17-503 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-503
Section 26-17-503 Requirements for Genetic Testing
Status: in_force

(a) Genetic testing must be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by:

(1) the American Association of Blood Banks, or a successor to its functions;

(2) the American Society for Histocompatibility and Immunogenetics, or a successor to its functions; or

(3) an accrediting body designated by the federal Secretary of Health and Human Services.

(b) A specimen used in genetic testing may consist of one or more samples, or a combination of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing.

(c) Based on the ethnic or racial group of an individual, the testing laboratory shall determine the databases from which to select frequencies for use in calculation of the probability of paternity. If there is disagreement as to the testing laboratory’s choice, the following rules apply:

(1) The court, upon motion, may require the testing laboratory, prior to final adjudication of paternity, to recalculate the probability of paternity using an ethnic or racial group different from that used by the laboratory.

(2) The individual objecting to the testing laboratory’s initial choice shall:

(A) if the frequencies are not available to the testing laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or

(B) engage another testing laboratory to perform the calculations.

(3) The testing laboratory may use its own statistical estimate if there is a question regarding which ethnic or racial group is appropriate. If available, the testing laboratory shall calculate the frequencies using statistics for any other ethnic or racial group requested.

(d) If, after recalculation using a different ethnic or racial group, genetic testing does not rebuttably identify a man as the father of a child under Section 26-17-505, an individual who has been tested may be required to submit to additional genetic testing.
Ala. Code § 26-17-705 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-705
Section 26-17-705 Limitation on Husband’s Dispute of Paternity
Status: in_force

The husband of a wife who gives birth to a child by means of assisted reproduction may challenge his paternity of the child in the same manner as a presumed father under Section 26-17-607.
Ala. Code § 26-2B-503 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-503
Section 26-2B-503 Rule of Construction
Status: in_force

Nothing in this chapter shall be construed as repealing any portion of Chapter 2A of this title, the Alabama Uniform Guardianship and Protective Proceedings Act, unless specifically addressed.
Ala. Code § 26-1A-121 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-121
Section 26-1A-121 Principles of Law and Equity
Status: in_force

Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
Ala. Code § 26-10E-2 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-2
Section 26-10E-2 Definitions
Status: in_force

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

(1) ABANDONMENT. Any of the following:

a. The voluntary and intentional failure or refusal, without good cause or excuse, to claim the rights of a parent.

b. The voluntary and intentional failure or refusal, without good cause or excuse, to perform the duties of a parent.

c. The voluntary and intentional relinquishment, without good cause or excuse, of the custody of a minor by a parent.

d. The voluntary and intentional withholding from the minor by the parent, without good cause or excuse, of his or her presence, care, love, protection, support, maintenance, or display of filial affection.

(2) ADOPTEE. The individual being adopted.

(3) ADOPTION. The judicial act of creating the legal relationship of parent and minor which previously did not legally exist.

(4) ADULT. An individual who is 19 years of age or older, who has reached the majority age in the state in which he or she resides, or who is otherwise deemed an adult by statute or by court order.

(5) CONSENT. Voluntarily agreeing to adoption.

(6) COURT REPRESENTATIVE. An individual appointed in an adoption proceeding trained in law, health care, counseling, social work, or other specialty, who is an officer, employee, or special appointee of the court and has no personal interest in the proceeding.

(7) GRANDPARENT. The parent of a parent, whether the relationship is created biologically or by adoption.

(8) LEGAL FATHER. A male individual whose legal status as the father of the adoptee has been established through adoption, legitimation, adjudication, acknowledgment, presumption, or operation of law under the laws of this or any other state, and whose parental rights have not been terminated.

(9) LEGAL MOTHER. A female individual whose legal status as the mother of the adoptee has been established through adoption, legitimation, adjudication, acknowledgment, presumption, or operation of law under the laws of this or any other state, and whose parental rights have not been terminated.

(10) LICENSED CHILD-PLACING AGENCY. Any adoption agency that is licensed under the provisions of the Child Care Act of 1971, Chapter 7 of Title 38, or any adoption agency approved by the State Department of Human Resources.

(11) MARRIED COUPLE. Two individuals who are currently lawfully married in accordance with the laws of this state or any other jurisdiction.

(12) MINOR. An individual 18 years of age or younger or an individual who is not an adult under the law in the jurisdiction where he or she resides.

(13) MINOR PARENT. An individual 18 years of age or younger or an individual who is not an adult under the law in the jurisdiction where he or she resides who is the biological or legal parent of the adoptee.

(14) PARENT. The biological or legal mother or father of the adopted minor.

(15) PARTY. Any individual who appears before the court for the purposes of petitioning for adoption, consenting to an adoption, withdrawing a consent to adoption, contesting an adoption, securing grandparent visitation rights to an adoptee, or setting aside all or part of a final judgment of adoption, or any other person deemed to be a party by the court. This term does not include the adoptee.

(16) PUTATIVE FATHER. The alleged or reputed biological father of the adoptee, unless the issue of paternity has been resolved adversely to that individual by final judgment of a court of competent jurisdiction.

(17) RELINQUISHMENT. Giving up the legal and physical custody of a minor to a licensed child-placing agency or the State Department of Human Resources for the sole purpose of placement for adoption.

(18) SPOUSE. The individual who is lawfully married to the petitioner or the legal father or the legal mother at the time of the adoption proceedings.

(19) STATE DEPARTMENT OF HUMAN RESOURCES or STATE DEPARTMENT. The State Department of Human Resources, as established in Section 38-2-1.

(20) STEPPARENT. An individual who is the spouse or surviving spouse of a legal mother or legal father of a minor, but who is not a legal parent of the minor and who is not a former spouse by reason of divorce or annulment of the marriage.
Ala. Code § 26-17-502 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-502
Section 26-17-502 Order for Testing
Status: in_force

(a) Except as otherwise provided in this article and Article 6, the court shall order the child and other designated individuals to submit to genetic testing if the request for testing is made by a party to the proceeding, the Alabama Department of Human Resources, or the representative of the child.

(b) The Alabama Department of Human Resources may order genetic testing only in accordance with Section 30-3-197(a)(1).

(c) If a request for genetic testing of a child is made before birth, the court or the Alabama Department of Human Resources may not order in-utero testing.

(d) If two or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.
Ala. Code § 26-20-1 — Alabama Code / Title 26 / Chapter 20 / Section 26-20-1
Section 26-20-1 Certain Employers to Check Sex Crime Records of Applicants Who Would Supervise Minors; Limitations
Status: reserved

Repealed by Act 2000-775, p. 1775, §12, effective November 1, 2000.
Ala. Code § 26-1A-302 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-302
Section 26-1A-302 Agent’s Certification
Status: in_force

A document substantially in the following format may be used by an agent to certify facts concerning a power of attorney.

AGENT’S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT’S AUTHORITY

State of _____________________________

[County] of___________________________

I, _________________________________________ (Name of Agent), [certify] under penalty of perjury that ________________________________

(Name of Principal)

granted me authority as an agent or successor agent in a power of attorney dated ________________________.

I further [certify] that to my knowledge:

(1) the Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;

(2) if the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;

(3) if I was named as a successor agent, the prior agent is no longer able or willing to serve; and

(4) __________________________________________

_________________________________________

__________________________________________

__________________________________________

(Insert other relevant statements)

SIGNATURE AND ACKNOWLEDGMENT

_________________________________________________

Agent’s Signature Date:

_________________________________________________

Agent’s Name Printed:

_________________________________________________

Agent’s Address:

_________________________________________________

Agent’s Telephone Number:

_________________________________________________

This document was acknowledged before me on

________________________________________________,

(Date)

by______________________________________________.

(Name of Agent)

___________________________________________ (Seal, if any)

Signature of Notary

My commission expires: ________________________

[This document prepared by:

___________________________________________]
Ala. Code § 26-17-1 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-1
Section 26-17-1 Short Title
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-2A-137 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-137
Section 26-2A-137 Protective Arrangements and Single Transactions Authorized
Status: in_force

(a) If it is established in a proper proceeding that a basis exists for the appointment of a conservator or protective order as described in Section 26-2A-130, the court, without appointing a conservator, may authorize, direct, or ratify any transaction necessary or desirable to achieve any security, service, or care arrangement meeting the foreseeable needs of the protected person. Protective arrangements include payment, delivery, deposit, or retention of funds or property; sale, mortgage, lease, or other transfer of property, including, but not limited to the leasing of oil, gas, and other mineral rights of the protected person; entry into an annuity contract, a contract for life care, a deposit contract, or a contract for training and education; or addition to or establishment of a suitable trust.

(b) If it is established in a proper proceeding that a basis exists for the appointment of a conservator or protective order as described in Section 26-2A-130, the court, without appointing a conservator, may authorize, direct, or ratify any contract, trust, or other transaction relating to the protected person’s property and business affairs, including, but not limited to the leasing of oil, gas, and other mineral rights of the protected person, if the court determines that the transaction is in the best interest of the protected person.

(c) Before approving a protective arrangement or other transaction under this section, the court shall consider the interests of creditors and dependents of the protected person and, in view of the disability, whether the protected person needs the continuing protection of a conservator. The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section who shall have the authority conferred by the order and serve until discharged by order after report to the court of all matters done pursuant to the order of appointment.
Ala. Code § 26-17-14 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-14
Section 26-17-14 Orders - Determinative for All Purposes; Provision for Support; Statement of Jurisdiction in Case of Out-of-State Service; New Birth Certificate; Other Provisions; How Support to Be Paid; Amount of Support; Proof Required for Support Order
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-17-105 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-105
Section 26-17-105 Protection of Participants
Status: in_force

Proceedings under this chapter are subject to other law of this state governing the health, safety, privacy, and liberty of a child or other individual who could be jeopardized by disclosure of identifying information, including address, telephone number, place of employment, Social Security number, and the child’s day-care facility and school.
Ala. Code § 26-24-61 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-61
Section 26-24-61
Status: in_force

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

(b) The guidelines shall emphasize all of the following:

(1) The importance of play, reading, physical activity, and caregiver-child interaction.

(2) The risks of excessive screen time on children, including developmental delays and behavioral impacts.

(3) Strategies for setting screen-time-free routines in the home.

(c) The department shall publish the guidelines on the department website at no cost to the public.
Ala. Code § 26-17-10 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-10
Section 26-17-10 Jurisdiction; Venue; Where Complaint Filed; Process; Conduct of Hearing; Jury
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-2A-36 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-36
Section 26-2A-36 Appeals
Status: in_force

Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments, and power of the appellate court, is governed by Title 12, Chapter 22, and the Alabama Rules of Appellate Procedure, as applicable, but in proceedings in which jury trial has been had as a matter of right the rules applicable to the scope of review in jury cases apply.
Ala. Code § 26-26-6 — Alabama Code / Title 26 / Chapter 26 / Section 26-26-6
Section 26-26-6 Application to Psychologists, Psychological Technicians, and Master’s Level Licensed Mental Health Professionals
Status: in_force

Except as provided for in Section 26-26-4, nothing in this chapter shall be construed as limiting or preventing psychologists, psychological technicians, and master’s level licensed mental health professionals from rendering the services for which they are qualified by training or experience involving the application of recognized principles, methods, and procedures of the science and profession of psychology and counseling.
Ala. Code § 26-23-6 — Alabama Code / Title 26 / Chapter 23 / Section 26-23-6
Section 26-23-6 Conspiracy
Status: in_force

A woman upon whom a partial-birth abortion is performed may not be prosecuted under this chapter for a conspiracy to violate this chapter or for any other offense which is unlawful under this chapter.
Ala. Code § 26-16-50 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-50
Section 26-16-50 Department of Human Resources to Provide for Teams; Composition of Teams
Status: in_force

The Department of Human Resources shall provide for the development and coordination of the multi-disciplinary child protection teams created by this article and for the services to be provided by such teams throughout the state. Such teams shall be composed of representatives from the local departments of human resources, the local law enforcement agencies, the local district attorneys’ offices, and the local educational agencies. The teams may also include representatives from the local health field, mental health services, local social service agencies, and local members of the legal profession. Representatives of other professions or disciplines may be included if the local team as established deems them useful or necessary.
Ala. Code § 26-10E-37 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-37
Section 26-10E-37 Validity and Effect of Prior Adoptions; Application of Chapter
Status: in_force

(a) Final judgments of adoptions entered into before January 1, 2024, are valid and remain in effect as they existed prior to the enactment of this chapter except that proceedings after final judgments of adoption entered into before the enactment of this chapter shall be governed under this chapter.

(b) This chapter shall apply to all proceedings related to minor adoptions that have not been commenced as of December 31, 2023.
Ala. Code § 26-5-16 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-16
Section 26-5-16 Compensation of Conservator - Commissions Generally; Allowances for Actual Expenses and for Special or Extraordinary Services Rendered; Premiums on Bond
Status: in_force

A conservator is entitled for his or her services to reasonable compensation.

On final settlement, an allowance must be made of actual expenses necessarily incurred by him or her and, for special or extraordinary services rendered, such compensation must be allowed the conservator as is just, but no allowance of actual expenses or for special or extraordinary services must be made except upon an itemized account, verified by affidavit, of such expenses or of such special or extraordinary services, and in its decree the court must state each item for such services for which compensation is allowed. The conservator shall be allowed all reasonable premiums paid on his or her bond as conservator.
Ala. Code § 26-25-3 — Alabama Code / Title 26 / Chapter 25 / Section 26-25-3
Section 26-25-3 Affirmative Defense Under Criminal Prosecution; Investigation of Abuse or Neglect Allegations
Status: in_force

(a) It is an affirmative defense to prosecution under Sections 13A-13-4, 13A-13-5, and 13A-13-6, if the parent voluntarily delivers the infant to an emergency medical services provider or a baby safety device pursuant to this chapter.

(b) Nothing in this section shall prohibit the prosecution or investigation of any allegations of abuse or neglect of a surrendered infant.
Ala. Code § 26-17-613 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-613
Section 26-17-613 Right to Counsel; Fees, Expenses, and Costs
Status: in_force

(a) In all proceedings under this chapter, any party may be represented by counsel.

(b) Nothing contained in this chapter shall be construed so as to guarantee court-appointed counsel at the state’s expense to any party who is not otherwise entitled to court-appointed counsel under statutory or case law. Appointment of counsel for a minor defendant or party who is entitled to counsel and the compensation of such appointed counsel shall be governed by other applicable law.
Ala. Code § 26-2A-9 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-9
Section 26-2A-9 Preservation of Powers and Duties of Existing Curators; Curators Become Conservators on January 1, 1997
Status: reserved

(a) A curator appointed pursuant to Chapter 7A of this title prior to August 7, 1995, and continuing in effect on August 7, 1995, is not terminated, although the statute under which the appointment was made is repealed by Act 95-751. The curator shall continue in effect as the curator existed prior to Act 95-751, with all of the powers and duties of the curator on August 7, 1995.

(b) If, on January 1, 1997, a curator is in existence pursuant to subsection (a), the curator on that date shall be considered a conservator as provided in Chapter 2A (commencing with Section 26-2A-1) of this title, with all the power and duties of a conservator as provided in that chapter. If the powers of a curator are limited by a court, the powers granted in this subsection are limited to the same extent.
Ala. Code § 26-2A-79 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-79
Section 26-2A-79 Termination of Appointment of Guardian; General
Status: in_force

A guardian’s authority and responsibility terminate upon the death, resignation, or removal of the guardian or upon the minor’s death, adoption, marriage, or attainment of majority, but termination does not affect the guardian’s liability for prior acts or the obligation to account for funds and assets of the ward. Resignation of a guardian does not terminate the guardianship until it has been approved by the court.
Ala. Code § 26-10E-22 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-22
Section 26-10E-22 Fees and Charges
Status: in_force

(a)(1) No individual, organization, group, agency, or any legal entity may accept any fee whatsoever for bringing any petitioner together with the adoptee or the parents of the adoptee.

(2) A violation of this section is a Class A misdemeanor, except that a second or subsequent conviction is a Class C felony.

(b)(1) The petitioner or petitioners may provide payment for maternity-connected expenses, medical or hospital expenses, and necessary living expenses of the mother preceding and during pregnancy-related incapacity, provided that the payment is not contingent upon the placement of the minor child for adoption, consent to the adoption, or cooperation in the completion of the adoption.

(2) Prior to any payment pursuant to this subsection, the petitioner or petitioners must file with the court a full accounting of all charges for expenses, fees, or services they or individuals acting on their behalf will be paying relating to the adoption. Payment may be made only with court approval except that fees may be placed in an escrow account prior to court approval. The court may not refuse to approve a fee for documented services on the sole basis that a prospective adoptee has not been placed. The court shall approve all reasonable fees and expenses unless determined by the court to be unreasonable based upon specific written findings of fact.

(c) Unless otherwise provided in this chapter, the petitioner or petitioners must also file a sworn statement that is a full accounting of all disbursements paid in the adoption.

(d) Under penalty of perjury, the adoptive parents and the parent or parents surrendering the adoptee for adoption, prior to the entry of the final judgment of adoption, shall sign affidavits stating that no monies or other things of value have been paid or received in exchange for the consent or relinquishment of the minor for adoption. In addition to any penalties for perjury, the payment or receipt of money in violation of this section shall be punished as set forth in Section 26-10E-33.
Ala. Code § 26-23A-13 — Alabama Code / Title 26 / Chapter 23A / Section 26-23A-13
Section 26-23A-13 Severability
Status: in_force

If any one or more provision, section, subsection, sentence, clause, phrase, or word of this chapter or the application thereof to any person or circumstance is found to be invalid or unconstitutional, the same is hereby declared to be severable and the balance of this chapter shall remain effective. The Legislature hereby declares that it would have passed this chapter, and each provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared invalid or unconstitutional.
Ala. Code § 26-3-7 — Alabama Code / Title 26 / Chapter 3 / Section 26-3-7
Section 26-3-7 Requirement of New or Additional Bond from Conservator; Effect of Failure to Give Same
Status: in_force

The judge of probate shall have authority and it shall be his or her duty, whenever he or she deems it necessary for the safety of the ward, to require the conservator to give a new or additional bond. If, on notice of such requisition, such conservator fails for 10 days to give such new or additional bond, the judge is authorized to remove him or her and revoke his or her letters.
Ala. Code § 26-9-14 — Alabama Code / Title 26 / Chapter 9 / Section 26-9-14
Section 26-9-14 Filing of Account of Receipts and Disbursements for Settlement by Guardian; Certification of Copy Thereof to Veterans’ Administration; Notice of Hearing Thereon
Status: in_force

Every guardian who shall receive on account of his or her ward any moneys from the administration shall file with the court annually on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true, and accurate account under oath of all moneys so received by him or her and of all disbursements thereof, showing the balance thereof in his or her hands at the date of such account and how invested, including a complete descriptive itemization of all investments, and must submit to the court for its examination all securities and evidences of debt belonging to the ward, and the decree of the court passing the settlement must recite that all securities and evidences of debt due the ward have been presented to and examined by the court; provided, that in the absence of objection by any party in interest, the court may in its discretion and without formal proceedings extend from time to time the time for the filing of the accounts for annual or partial settlement, but no such continuance shall be granted so as to extend the time for filing such settlements to a period beyond three calendar years from the date of the appointment or the date of the last partial settlement, whichever is the later, and upon the termination of the guardianship from any cause a like account must be filed for final settlement.

A certified copy of each of such accounts filed with the court shall be sent by the guardian to the office of the administration having jurisdiction over the area in which such court is located. The court shall fix a time and place for the hearing on such account not less than 15 days nor more than 30 days from the date of filing same, and notice thereof shall be given by the court to the aforesaid administration office not less than 15 days prior to the date fixed for the hearing. Notice of such hearing shall in like manner be given to the guardian; provided, that notice as required in this section may be given by registered or certified mail, addressed to the principal office of the administration located in the State of Alabama as such address appears on record in the probate office.
Ala. Code § 26-2A-115 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-115
Section 26-2A-115 Hearing; Orders
Status: in_force

(a) In ruling on the petition, the court shall conduct a hearing to determine whether the ward has sufficient capacity to make a knowing and intelligent visitation decision based on evidence presented.

(b) If the court determines that the ward has sufficient capacity to make a knowing and intelligent visitation decision and the ward expresses a desire for visitation with the petitioner, the court shall order visitation.

(c) If the court determines that the ward has sufficient capacity to make a knowing and intelligent visitation decision, but does not desire visitation with the petitioner, the court shall not order visitation.

(d) If the court determines that the ward does not have capacity to make a knowing and intelligent visitation decision, the court shall determine whether to order visitation based on the best interest of the ward as determined by the evidence presented to the court.

(e) The court shall order the petitioner to pay the court costs and reasonable fees and expenses of any attorney or court representative appointed under this division.
Ala. Code § 26-10E-4 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-4
Section 26-10E-4 Venue
Status: in_force

(a) A petition for adoption shall be filed in the probate court in any of the following counties:

(1) The county in which the adoptee is born, resides, or has a legal domicile.

(2) The county in which a petitioner resides or is in military service.

(3) The county in which an office of any agency or institution operating under the laws of this state having guardianship or custody of an adoptee is located.

(b) Notwithstanding subsection (a), a petition for adoption may be filed in the probate court in another county if all of the following apply:

(1) The petitioner shows good cause on the record as to why the probate court selected should exercise venue over the adoption case.

(2) No party objects to the probate court selected within 30 days of service of the petition.

(3) The probate court selected determines in writing that it is in the best interest of the adoptee for the probate court to exercise venue over the adoption case.
Ala. Code § 26-8-24 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-24
Section 26-8-24 Settlement of Conservatorship of Former Conservator and Certification of Transcript Thereof to Probate Court of County to Which Removal Authorized
Status: in_force

On the filing of such transcript, the court must require the conservator of its appointment to make a final settlement of his or her conservatorship; and when such settlement is made, the court must certify a transcript thereof to the court of probate of the county to which the removal was authorized.
Ala. Code § 26-16-70 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-70
Section 26-16-70 Membership; Eligibility
Status: in_force

(a) For purposes of this section, the following terms have the following meanings:

(1) FORENSIC INTERVIEW. The same meaning as in Section 12-15-301.

(2) LOCAL LAW ENFORCEMENT AGENCIES. The police department for the municipality and the sheriff’s department for the county in which a child advocacy center is located.

(3) MENTAL HEALTH PROFESSIONAL. An individual holding a master’s or higher degree in social work, mental health counseling, or other social work related or mental health counseling related field of study, and who has received special training regarding child maltreatment and child trauma.

(b) In order to become eligible for a full membership in the Alabama Network of Children’s Advocacy Centers, Incorporated, child advocacy centers in this state shall:

(1) Incorporate as a nonprofit agency under the requirements of Section 10A-3-1.01 et seq.

(2) Utilize a neutral, child-focused facility where forensic interviews, conducted jointly by the Department of Human Resources and law enforcement personnel, take place with children in appropriate cases of suspected child sexual and physical abuse. All multidisciplinary agencies shall utilize a facility to interact with the child as investigative or treatment needs require.

(3) Employ or utilize designated staff who operate under the supervision and approval of the board of directors of the child advocacy center.

(4) Maintain a multidisciplinary team that meets on a regularly scheduled basis or as the case load of the community requires to coordinate the multidisciplinary response to child abuse. At a minimum, the team shall consist of the following:

a. The local district attorney, or his or her designee or designees.

b. One or more representatives from the Department of Human Resources.

c. One or more local mental health professionals.

d. One or more representatives from a local law enforcement agency.

e. The staff of the child advocacy center.

(5) Provide case tracking of child abuse cases worked through the center and, at a minimum, collect demographic data regarding all children referred to the center for services as well as any other data required by the Alabama Network of Child Advocacy Centers.

(6) Offer on-site medical exams and mental health therapy or provide referrals for off-site medical exams and mental health therapy. The center shall provide follow-up on cases referred for mental health therapy.

(7) Provide training for multidisciplinary team members in the community that respond to cases of possible child abuse.

(8) Participate in an interagency agreement covering those aspects of agency participation in a multidisciplinary approach to child sexual and serious physical abuse cases. The agreement must be signed by the following:

a. The local district attorney, or his or her designee.

b. A designee of the Department of Human Resources.

c. A designee of a local law enforcement agency.

d. The director of the child advocacy center.

(9) Provide assurance that staff and volunteers at the center are trained and screened by appropriate resources as specified by the Alabama Network of Children’s Advocacy Centers.
Ala. Code § 26-23F-7 — Alabama Code / Title 26 / Chapter 23F / Section 26-23F-7
Section 26-23F-7 Remedies and Penalties
Status: in_force

(a) In addition to other remedies available under law or common law of this state, violation of any provision of Section 26-23F-5 shall:

(1) Provide a basis for recovery in a civil action for the parent or parents of the infant or the parent, parents, or guardian of the mother, if the mother is a minor, for experimentation upon bodily remains. Any relief awarded shall include:

a. Money damages for all psychological injuries occasioned by any violation of this chapter.

b. Statutory damages equal to three times the cost of the mother’s delivery or abortion.

(2) Provide a basis for professional disciplinary action by regulatory bodies for the suspension or revocation of any license for physicians, licensed vocational and registered nurses, or other licensed or regulated health care providers.

(b) Any conviction of any health care provider for any failure to comply with the requirements of this chapter shall result in the automatic suspension of his or her license for a period of at least one year and the license shall be reinstated after that time only under such conditions as the appropriate state regulatory body shall require to ensure compliance with this chapter.
Ala. Code § 26-24-6 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-6
Section 26-24-6 Office Space; Clerical Support, Etc
Status: in_force

The Governor may provide office space for the use of the department, secretary, and staff of either. The secretary may employ and secure the necessary staff, supplies, and materials to carry out this article, subject to the approval of the Governor, and pursuant to the state Merit System.
Ala. Code § 26-16-71 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-71
Section 26-16-71 Allocation of Funds to Eligible Centers
Status: in_force

(a) For the purposes of this section, the following terms have the following meanings:

(1) ASSOCIATE MEMBER CENTER. A child advocacy center that is working towards full membership status and has been approved by the network for associate membership status.

(2) BOARD OF DIRECTORS. The Board of Directors of the Alabama Network of Children’s Advocacy Centers, Incorporated.

(3) FULL MEMBER CENTER. A child advocacy center that is certified by the network as a full member pursuant to subsection (b).

(4) NETWORK. The Alabama Network of Children’s Advocacy Centers, Incorporated.

(5) PILOT PROJECT. A program initiated by the board of directors to serve children in underserved areas of the state.

(b) The network may certify a child advocacy center as a full member center if the child advocacy center meets the standards of Section 26-16-70 and any other standards approved by the board of directors to ensure compliance with national best practices.

(c) A full member center shall be eligible to receive funds that are appropriated from the State of Alabama to the Alabama Network of Children’s Advocacy Centers, Incorporated. Beginning with the fiscal year ending September 30, 2002, 10 percent of the total annual appropriation to the network shall be allocated for use by the network in funding associate member centers, pilot projects, and administrative and training projects of the network. Beginning with the fiscal year ending September 30, 2002, 90 percent of the total annual appropriation to the network shall be allocated as follows:

(1) Each full member center shall receive a base amount allocation as follows:

a. A base amount sum of fifty thousand dollars ($50,000) shall be allocated and distributed to each full member center during the first fiscal year following certification, provided sufficient additional funds are appropriated to the network for each new full member center added to the network.

b. A base amount sum of seventy-five thousand dollars ($75,000) shall be allocated and distributed to each full member center during the second fiscal year following certification, provided sufficient additional funds are appropriated to the network for each new full member center added to the network.

c. A base amount sum of one hundred thousand dollars ($100,000) shall be allocated and distributed to each full member center during the third and subsequent years following certification, provided sufficient additional funds are appropriated to the network for each new full member center added to the network.

(2) Each associate member center shall receive a base amount allocation of twenty-five thousand dollars ($25,000) during the first and second fiscal years following approval by the network for associate membership status. If the associate member is not certified as a full member at the conclusion of the second fiscal year, the board of directors may on an annual basis authorize continued payment as an associate member center.

(3) Any appropriated funds remaining after the allocations in subdivisions (1) and (2) have been satisfied shall be allocated proportionately by the network to each full member center based upon the number of forensic interviews and forensic evaluations conducted and the number of children receiving counseling at each full member center during the preceding fiscal year as compared to the total number of forensic interviews and forensic evaluations conducted and the number of children receiving counseling at full member centers throughout the state during the same preceding fiscal year. Forensic interview, forensic evaluation, and counseling data used for determining proportional allocation amounts shall be obtained from the annual services report summary compiled by the network.

(d) If the annual amount of state appropriated funds is less than the sum of the total allocations provided in subdivisions (c)(1) and (c)(2), a lesser base amount that is equivalent to each full member and associate member center’s pro rata share of the total appropriation shall be allocated and distributed to each center.

(e) If a full member center fails to meet the standards established in subsection (b) for a period of one year or longer, or otherwise ceases to be certified or exist, the base amount allocation designated for that center shall be calculated by the network as part of the total annual appropriation amount and allocated and distributed to the remaining centers according to this section. Any full member center that fails to meet the standards established in subsection (b) for a period of one year or longer, or otherwise ceases to be certified or exist, shall not be eligible to receive state funding until recertified by the network.
Ala. Code § 26-2A-132 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-132
Section 26-2A-132 Venue
Status: in_force

Venue for proceedings under this division is:

(1) In the court at the place in this state where the person to be protected resides whether or not a guardian has been appointed in another place; or

(2) If the person to be protected does not reside in this state, in the court at any place where property of the person is located.
Ala. Code § 26-16-9 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-9
Section 26-16-9 Child Abuse and Neglect Prevention Board - Disbursement Generally
Status: in_force

(a) The state board may authorize the disbursement of available money from the trust fund exclusively for the following purposes, which are listed in the order of preference for expenditure:

(1) To fund a private nonprofit or public organization in the development or operation of a program if at least all of the following conditions are met:

a. The appropriate local council has reviewed the program. This paragraph does not apply if a local council does not exist for the geographic area to be served by the program.

b. The organization demonstrates an ability to match, through money or in-kind services, 50 percent of the amount of any trust fund money received. Not more than 50 percent of the local match shall be in in-kind services. In-kind services are subject to the approval of the state board.

c. The organization demonstrates a willingness and ability to provide program models and consultation to organizations and communities regarding program development and maintenance.

d. The organization demonstrates the ability to provide programs for the primary prevention of child abuse and neglect, including, but not limited to, programs to promote public awareness of the need to prevent child abuse and neglect; community-based family resource and support programs on strengthening family skills, including, but not limited to, parent education, prenatal care, prenatal bonding, child development, health and nutrition, care of children with special needs, and coping with family stress; and community-based programs relating to crisis care, early identification of children at risk of child abuse and neglect, and education, training, and support groups for parents, children, and families.

e. Other conditions that the state board may deem appropriate.

(2) To fund local councils.

(3) To fund the state board created in Section 26-16-3 for the actual and necessary expenses that the board incurs in performing its duties.

(b) Authorizations for disbursement of trust fund money under subdivision (a)(3) shall be kept at a minimum in furtherance of the primary purpose of the trust fund which is to disburse money under subdivisions (a)(1) and (2) to encourage the direct provision of services to prevent child abuse and neglect.
Ala. Code § 26-1A-404 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-404
Section 26-1A-404 Health Care Powers of Attorney Executed on or After January 1, 2012
Status: in_force

(a) This section applies to a power of attorney for health care decisions executed on or after January 1, 2012.

(b) A durable power of attorney is a power of attorney by which a principal designates another his or her attorney in fact or agent in writing and the writing contains the words “This power of attorney shall not be affected by disability, incompetency, or incapacity of the principal” or “This power of attorney shall become effective upon the disability, incompetency, or incapacity of the principal” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability, incompetency, or incapacity.

(c)(1) A principal may designate under a durable power of attorney an individual who shall be empowered to make health care decisions on behalf of the principal, in the manner set forth in the Natural Death Act, if in the opinion of the principal’s attending physician the principal is no longer able to give directions to health care providers. Subject to the express limitation on the authority of the attorney in fact contained in the durable power of attorney, the attorney in fact may make any health care decision on behalf of the principal that the principal could make but for the lack of capacity of the principal to make a decision, but not including psychosurgery, sterilization, abortion when not necessary to preserve the life of the principal, or involuntary hospitalization or treatment covered by Subtitle 2 of Title 22. A durable power of attorney executed pursuant to this section may be revoked by written revocation signed and dated by the principal or person acting at the direction of the principal, or being obliterated, burnt, torn, or otherwise destroyed or defaced in a manner indicating intention to cancel or by a verbal expression of intent to revoke made in the presence of a witness 19 years of age or older who signs and dates a writing confirming an expression to revoke.

(2) Notwithstanding anything in this section to the contrary, an attorney in fact shall have the authority to make decisions regarding provision, withholding, or withdrawal of life-sustaining treatment and artificially provided nutrition and hydration but only a. if specifically authorized to do so in the durable power of attorney, b. if the substantive provisions of the durable power of attorney are in substantial compliance and if the durable power of attorney is executed and accepted in substantially the same form as set forth in the Alabama Natural Death Act, and c. in instances of terminal illness or injury or permanent unconsciousness, if the authority is implemented in the manner permitted under the Alabama Natural Death Act. All durable powers of attorney executed prior to January 1, 2012, shall be effective to the extent specifically provided therein notwithstanding the provisions of this subsection. The decisions made by the attorney in fact shall be implemented in accordance with the same procedures set forth in the Alabama Natural Death Act for health care proxies.

(3) Any authority granted to the spouse under a durable power of attorney shall be revoked if the marriage of the principal is dissolved or annulled, or if the parties are legally separated or a party to divorce proceedings.

(4) Subject to any limitation in the durable power of attorney, an attorney in fact may, for the purpose of making a health care decision, request, review, and receive any information, oral or written, regarding the principal’s physical or mental health, including medical and hospital records, execute a release or other document required to obtain the information, and consent to the disclosure of the information.

(5) Under no circumstances shall the health care provider of the principal or a nonrelative employee of the health care provider of the principal make decisions under the durable power of attorney. For purposes of this subsection, a health care provider is defined as any person or entity who is licensed, certified, registered, or otherwise authorized by the laws of this state to administer or provide health care in the ordinary course of business or in the practice of a profession.

(6) No health care provider or any employee or agent thereof who in good faith and pursuant to reasonable medical standards follows the direction of a duly authorized attorney in fact shall, as a result thereof, be subject to criminal or civil liability, or be found to have committed an act of unprofessional conduct for an action taken thereunder. Any health care cost or liability for the cost associated with any decision made pursuant to this section shall be the same as if the health care were provided as a result of the principal’s decision relating to his or her own care.

(7) Any person who, without the consent of the principal, willfully conceals, cancels, or alters a durable power of attorney or any amendment or revocation of the agency or who falsifies or forges a durable power of attorney, amendment, or revocation for purposes of making health care decisions shall be civilly liable. In addition, those persons shall be subject to the criminal penalties set forth in the Alabama Natural Death Act.

(8) Any individual acting as an attorney in fact under a duly executed durable power of attorney, which includes provisions which comply with subdivision (2) regarding health care decisions who authorizes the providing, withholding, or withdrawing of life-sustaining treatments or artificially provided nutrition or hydration in accordance with the durable power of attorney and pursuant to this subsection shall not be subject to criminal prosecution or civil liability for that action.

(9) Nothing in this subsection regarding the appointment of an attorney in fact with respect to health care decisions shall impair or supersede any legal right or legal responsibility which any person may have, under case law, common law, or statutory law to effect the provision, withholding, or withdrawal of life-sustaining treatment or artificially provided nutrition and hydration in any lawful manner. In such respect, the provisions of this subsection are cumulative.

(10) No physician or other health care provider, and no health care service plan, health maintenance organization, insurer issuing disability or life or health insurance, self-insured employee welfare benefit plan, nonprofit medical service corporation, or mutual nonprofit hospital or hospital service corporation shall require any person to execute a durable power of attorney with respect to health care decisions as a condition for being insured for, or receiving, health care services.

(11) Nothing in this subsection regarding the appointment of an attorney in fact with respect to health care decisions shall impair or supersede the jurisdiction of the circuit court in the county where a patient is undergoing treatment to determine whether life-sustaining treatment or artificially provided nutrition and hydration shall be withheld or withdrawn in circumstances not governed by this subsection.

(12) This subsection shall create no presumption concerning the intention of an individual, who has not executed a durable power of attorney regarding health care decisions, or any other advance directive for health care, or if the durable power of attorney, or advance directive for health care is executed, the durable power of attorney or advance directive for health care is ambiguous or silent as to a particular health care matter, to consent to the use or withdrawing or withholding of life-sustaining treatment or artificially provided nutrition and hydration. The terms “person” and “advance directive for health care” shall have the meaning as under Sections 22-8A-1, et seq.

(13) A durable power of attorney executed in another state in compliance with the law of that state or of this state is valid for purposes of this subsection, but this subsection does not authorize the administration, withholding, or withdrawal of health care otherwise prohibited by the laws of this state.

(14) Any durable power of attorney regarding health care decisions made prior to January 1, 2012, shall be given effect provided that the durable power of attorney was legally effective when written and artificially provided nutrition and hydration shall not be withdrawn pursuant to the durable power of attorney unless specifically authorized herein.
Ala. Code § 26-10F-18 — Alabama Code / Title 26 / Chapter 10F / Section 26-10F-18
Section 26-10F-18 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.
Ala. Code § 26-10E-27 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-27
Section 26-10E-27 Adoption by Other Relatives
Status: in_force

Subject to Section 26-10E-5, a grandfather, a grandmother, a great-grandfather, a great-grandmother, a great-uncle, a great-aunt, a brother, a half-brother, a sister, a half-sister, an aunt, or an uncle of the first degree and their respective spouses, if any, may adopt a minor grandchild, a minor great-grandchild, a minor great-niece, a minor great-nephew, a minor brother, a minor half-brother, a minor sister, a minor half-sister, a minor nephew, or a minor niece, in accordance with this chapter, except that:

(1) Before the final judgment of adoption is entered, the adoptee must have resided for a period of one year with the petitioner or petitioners.

(2)a. An investigation shall be conducted to determine the suitability of each petitioner and the home in which the adoptee will reside, and the report of the investigation shall include, but not be limited to, all of the following:

1. 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.

2. 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 petitioners have resided in the preceding five years.

3. 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.

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

b. The limited investigation may also include other information required by Section 26-10E-19 as directed by the court, and shall be filed with the court. The limited investigation shall be filed with the court within 30 days of the date of the filing of the petition.

(3) The court, in its discretion, may:

a. Require additional information; and

b. 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.

(4) The investigative report shall be submitted in a form developed by the Alabama Probate Judges Association and the Alabama Law Institute. The investigative report shall contain information obtained within 12 months preceding the hearing on the final judgment of adoption.

(5) The investigation shall be performed by one of the following:

a. The State Department of Human Resources.

b. A licensed child-placing agency.

c. A social worker licensed by the Alabama Board of Social Work Examiners who is also certified by the Alabama Board of Social Work Examiners for private independent practice in the social casework specialty, as provided in Section 34-30-3.

(6) Other than those individuals and entities listed in subdivision (5), the court on its own motion may order the investigation be performed by an alternative individual or entity when the court has cause to believe the investigation is insufficient.

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

(8) 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.

(9) No report of fees and charges under Section 26-10E-22 shall be made unless ordered by the court.
Ala. Code § 26-18-1 — Alabama Code / Title 26 / Chapter 18 / Section 26-18-1
Section 26-18-1 Short Title
Status: reserved

Repealed by Act 2008-277, §30, effective January 1, 2009.
Ala. Code § 26-23G-6 — Alabama Code / Title 26 / Chapter 23G / Section 26-23G-6
Section 26-23G-6 Attorney Fees
Status: in_force

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

(b) If judgment is rendered in favor of the defendant in an action described in Section 26-23G-4 or Section 26-23G-5, and the court finds that the plaintiff’s suit was frivolous and brought in bad faith, the court shall render judgment for reasonable attorney fees in favor of the defendant against the plaintiff.

(c) No attorney fees may be assessed against the woman upon whom an abortion was performed or attempted to be performed except in accordance with subsection (b).
Ala. Code § 26-10E-35 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-35
Section 26-10E-35 Unlawful Advertising
Status: in_force

(a) It shall be unlawful for any individual, organization, corporation, partnership, hospital, association, any other business entity, or agency to advertise by word of mouth or through print, electronic media, including social media, telephonically, or otherwise that they will take any of the following actions:

(1) Adopt minors or assist in the adoption of minors in violation of this chapter.

(2) Place or assist in the placement of minors in foster homes, group homes, or institutions in violation of this chapter.

(3) Pay or offer money or anything of value to the parent or parents of a minor in violation of Sections 26-10E-32 or 26-10E-33.

(b) Any violation of this section shall be punished as a Class A misdemeanor.
Ala. Code § 26-23B-6 — Alabama Code / Title 26 / Chapter 23B / Section 26-23B-6
Section 26-23B-6 Criminal Penalties
Status: in_force

Any person who intentionally, knowingly, or recklessly performs or induces or attempts to perform or induce an abortion in violation of this chapter is guilty of a Class C felony. No penalty shall be assessed against the woman upon whom the abortion is performed or induced or attempted to be performed or induced.
Ala. Code § 26-23H-1 — Alabama Code / Title 26 / Chapter 23H / Section 26-23H-1
Section 26-23H-1 Short Title
Status: in_force

This chapter shall be known as The Alabama Human Life Protection Act.
Ala. Code § 26-23H-2 — Alabama Code / Title 26 / Chapter 23H / Section 26-23H-2
Section 26-23H-2 Legislative Findings
Status: reserved

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

(b) On November 6, 2018, electors in this state approved by a majority vote a constitutional amendment to the Constitution of Alabama of 1901 declaring and affirming the public policy of the state to recognize and support the sanctity of unborn life and the rights of unborn children. The amendment made it clear that the Constitution of Alabama of 1901 does not include a right to an abortion or require the funding of abortions using public funds.

(c) In present state law, Section 13A-6-1 defines a person for homicide purposes to include an unborn child in utero at any stage of development, regardless of viability.

(d) In the United States Declaration of Independence, the principle of natural law that “all men are created equal” was articulated. The self-evident truth found in natural law, that all human beings are equal from creation, was at least one of the bases for the anti-slavery movement, the women’s suffrage movement, the Nuremberg war crimes trials, and the American civil rights movement. If those movements had not been able to appeal to the truth of universal human equality, they could not have been successful.

(e) Abortion advocates speak to women’s rights, but they ignore the unborn child, while medical science has increasingly recognized the humanity of the unborn child.

(f) Recent medical advances prove a baby’s heart starts to beat at around six weeks. At about eight weeks, the heartbeat can be heard through an ultrasound examination. A fetal Doppler can detect a fetal heartbeat as early as 10 weeks.

(g) Ultrasound imaging shows the developing child in utero.

(h) As early as six weeks after fertilization, fetal photography shows the clear development of a human being. The Alabama Department of Public Health publication “Did You Know...” demonstrates through actual pictures at two-week intervals throughout the entire pregnancy the clear images of a developing human being.

(i) It is estimated that 6,000,000 Jewish people were murdered in German concentration camps during World War II; 3,000,000 people were executed by Joseph Stalin’s regime in Soviet gulags; 2,500,000 people were murdered during the Chinese “Great Leap Forward” in 1958; 1,500,000 to 3,000,000 people were murdered by the Khmer Rouge in Cambodia during the 1970s; and approximately 1,000,000 people were murdered during the Rwandan genocide in 1994. All of these are widely acknowledged to have been crimes against humanity. By comparison, more than 50 million babies have been aborted in the United States since the Roe decision in 1973, more than three times the number who were killed in German death camps, Chinese purges, Stalin’s gulags, Cambodian killing fields, and the Rwandan genocide combined.

(j) The cases of Roe v. Wade and its progeny have engendered much civil litigation and legislative attempts to reign in so called abortion rights. Roe v. Wade attempted to define when abortion of an unborn child would be legal. Judges and legal scholars have disagreed and dissented with its finding.
Ala. Code § 26-23E-3 — Alabama Code / Title 26 / Chapter 23E / Section 26-23E-3
Section 26-23E-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. 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. For the purposes of this chapter, a lethal anomaly means that the child would die at birth or be still born. For the purposes of this chapter, the term, ectopic pregnancy, means any pregnancy resulting from a fertilized egg that has implanted or attached outside the uterus. The term, ectopic pregnancy, also includes a pregnancy resulting from a fertilized egg implanted inside the cornu of the uterus.

(2) ABORTION INDUCING DRUG. A medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with the knowledge that the termination will with reasonable likelihood cause the death of the unborn child. Use of such drugs to induce abortion is also known as medical abortion. This includes off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol (Cytotec), and methotrexate. This definition does not apply to drugs that may be known to cause an abortion, but which are prescribed for other medical indications, such as chemotherapeutic agents and diagnostic drugs.

(3) ABORTION OR REPRODUCTIVE HEALTH CENTER. A facility defined and regulated as an abortion or reproductive health center by the rules of the Alabama State Board of Health.

(4) ADMINISTER. To give or apply a pharmacologic or other therapeutic agent to a patient.

(5) DISPENSE. To sell, distribute, administer, leave with, give away, dispose of, deliver, or supply a drug or medicine to the ultimate user or the user’s agent.

(6) PHYSICIAN. A person currently licensed by the Medical Licensure Commission, State of Alabama, to practice medicine or osteopathy pursuant to Section 34-24-50, et seq.

(7) PRESCRIPTION. A physician’s order for the preparation and administration of a drug or device for a patient.

(8) REGISTERED PROFESSIONAL NURSE (RN). A person currently licensed in the State of Alabama pursuant to Section 34-21-21.
Ala. Code § 26-1A-403 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-403
Section 26-1A-403 Effect on Existing Powers of Attorney
Status: in_force

This chapter applies to all powers of attorney executed on or after January 1, 2012.
Ala. Code § 26-1A-123 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-123
Section 26-1A-123 Remedies Under Other Law
Status: in_force

The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the law of this state other than this chapter.
Ala. Code § 26-10E-13 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-13
Section 26-10E-13 Express Consent - Filing; Timing
Status: in_force

(a) All existing express consents or relinquishments required by this chapter shall be filed with the probate court along with the petition. Any other express consents or relinquishments required by this chapter and acquired while the petition for adoption is pending shall be filed with the court overseeing the adoption before the final judgment of adoption is entered.

(b) An express consent or relinquishment may be taken at any time, except that, once signed or confirmed, may be withdrawn for any reason within five business days after the birth of the adoptee or within five business days after the signing of the express consent or relinquishment, whichever comes last.
Ala. Code § 26-24-60 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-60
Section 26-24-60
Status: in_force

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

(1) ADULT-SUPERVISED USE. Media engagement in which a parent, guardian, or caregiver is actively present and guiding and discussing the media content.

(2) DEPARTMENT. The Department of Early Childhood Education.

(3) EARLY CHILDHOOD EDUCATION PROGRAM. a. All of the following:

1. A licensed child-care facility that serves children five years of age and younger.

2. Prekindergarten programs operating under Article 2.

3. Public kindergarten programs.

b. In addition to regular school day programs, the term includes any after-school, extended day, or summer program provided by a facility or program described in paragraph a.

(4) HIGH-QUALITY PROGRAMMING. Screen-based media programs and platforms used in early childhood education programs.

(5) LICENSED CHILD-CARE FACILITY. All of the following:

a. A day care center as defined in Section 38-7-2.

b. A day care home as defined in Section 38-7-2.

c. A group day care home as defined in Section 38-7-2.

d. A night care facility as defined in Section 38-7-2.

(6) SCREEN-BASED MEDIA. Visual media devices including, but not limited to, televisions, computers, smart phones, and tablets.

(7) SCREEN TIME. Time spent using screen-based media. The term does not include live, interactive video communication, such as a video call with a child’s family.
Ala. Code § 26-23A-7 — Alabama Code / Title 26 / Chapter 23A / Section 26-23A-7
Section 26-23A-7 Abortions to Be Performed by Physician
Status: in_force

Only a physician may perform an abortion.
Ala. Code § 26-23E-14 — Alabama Code / Title 26 / Chapter 23E / Section 26-23E-14
Section 26-23E-14 Adverse Licensure Action
Status: in_force

(a) The failure of any physician, nurse practitioner, physician assistant, registered professional nurse, or licensed practical nurse to conform to the requirements of this chapter or any rule or regulation adopted under provision of this chapter may be grounds for adverse licensure action, up to and including license revocation.

(b) Any abortion or reproductive health center that is found to have provided an abortion, in a manner that violates this chapter or any rule or regulation adopted under the provision of this chapter, may be subject to adverse licensure action, up to and including license revocation.
Ala. Code § 26-10-4.1 — Alabama Code / Title 26 / Chapter 10 / Section 26-10-4.1
Section 26-10-4.1 Fee for Investigation Services Involving Adoption; Disposition of Moneys Received
Status: in_force

(a) The State Department of Human Resources shall charge and collect a fee in the amount of $300.00 for investigation services they perform in cases involving adoption, provided, however, that in those adoption proceedings in which an investigation is specifically not required by statute because the petitioner is a stepfather, stepmother, or closely related relative, no fee shall be charged for investigation services. This fee shall not apply to investigation services for cases in which a child was placed for adoption by the State Department of Human Resources, in cases in which a child was placed for adoption as a result of or pursuant to a court order in which parental rights in the child were terminated or in cases in which the investigative services were performed by a licensed child-placing agency.

The Department of Human Resources may waive this fee in the case of an indigent and for other good cause shown.

(b) All investigation services fees received pursuant to this section shall be received by the State Department of Human Resources and shall be deposited in the State Treasury to the credit of the State General Fund.
Ala. Code § 26-1A-207 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-207
Section 26-1A-207 Commodities and Options
Status: in_force

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

(1) buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and

(2) establish, continue, modify, and terminate option accounts.
Ala. Code § 26-17-306 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-306
Section 26-17-306 No Filing Fee
Status: in_force

The Alabama Office of Vital Statistics shall not charge for filing an acknowledgment of paternity.
Ala. Code § 26-10F-3 — Alabama Code / Title 26 / Chapter 10F / Section 26-10F-3
Section 26-10F-3 Jurisdiction Under This Chapter
Status: in_force

The probate court shall have original and exclusive jurisdiction over proceedings brought under this chapter.
Ala. Code § 26-5-9 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-9
Section 26-5-9 Final Settlement Generally - Establishment of Day for Settlement; Notice Thereof
Status: in_force

The court must appoint a day for the settlement, of which 10 days’ notice must be given to the succeeding conservator, if there is such conservator, or to the personal representative of the ward, if the ward is dead, or to the ward, if he or she is a resident of the state and has arrived at full age or has been relieved of the disability of nonage or incapacity has terminated, and to all sureties on the bond of such conservator, by the service of process, and notice must also be given, as the court may direct, either by advertisement for three successive weeks in some newspaper published in the county or for the same length of time by posting notice at the courthouse door and at three other public places in the county.
Ala. Code § 26-21-1 — Alabama Code / Title 26 / Chapter 21 / Section 26-21-1
Section 26-21-1 Legislative Purpose and Findings
Status: in_force

(a) It is the intent of the Legislature in enacting this parental consent provision to further the important and compelling state interests of: (1) protecting minors against their own immaturity, (2) fostering the family structure and preserving it as a viable social unit, and (3) protecting the rights of parents to rear children who are members of their household.

(b) The Legislature finds as fact that: (1) immature minors often lack the ability to make fully informed choices that take account of both immediate and long-range consequences, (2) the medical, emotional, and psychological consequences of abortion are serious and can be lasting, particularly when the patient is immature, (3) the capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related, (4) parents ordinarily possess information essential to a physician’s exercise of his or her best medical judgment concerning the child, and (5) parents who are aware that their minor daughter has had an abortion may better insure that she receives adequate medical attention after her abortion. The Legislature further finds that parental consultation is usually desirable and in the best interests of the minor.

(c) The Legislature further finds that the United States Supreme Court has held under certain circumstances a minor may seek permission to have an abortion without her parent’s consent by petitioning a court. The Legislature enacts a judicial by-pass procedure for the purposes of meeting the Constitutional standard and finds that in order to do substantial justice it is necessary that the Alabama courts be provided guidance in determining appropriate procedure and evidence.

(d) The Legislature further finds the public policy of the State of Alabama is to respect life and provide safeguards to protect life in the criminal, health, and other laws of the State of Alabama; that in respecting and protecting life, there is included the unborn life of a child whose life may be subject to termination before birth by abortion and that when the mother of the unborn life is a minor who seeks an abortion through the judicial by-pass procedure, it is the interest of the State of Alabama to not only establish and protect the rights of the minor mother, but also to protect the state’s public policy to protect unborn life; the protection of these interests is done, in part, by requiring judges to make determinations pursuant to the judicial by-pass procedure and to require judges be provided with sufficient evidence and information upon which they may make informed and proper decisions.

(e) Alabama judges are called upon to make decisions not only respecting the lives of born persons, such as in capital punishment cases, but also respecting the lives of unborn persons, such as in judicial by-pass cases for minor abortions; it is always the Legislature’s intent to provide guidance to the Alabama courts on how life may be best protected.

(f) It is not the intent of the Legislature to place an undue burden on the minor’s otherwise legal right to make a decision on whether to obtain an abortion of her unborn child; the Legislature’s intent is to provide guidance and assistance to minors who find themselves in the unfortunate position of having to make such decisions and to courts who must act in the place of parents in providing an alternative by-pass mode for decision making.
Ala. Code § 26-23G-5 — Alabama Code / Title 26 / Chapter 23G / Section 26-23G-5
Section 26-23G-5 Civil Damages
Status: in_force

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

(1) Any woman upon whom a dismemberment abortion has been performed in violation of Section 26-23G-3.

(2) The father of the unborn child, if married to the woman at the time the dismemberment abortion was performed.

(3) If the woman had not attained the age of 18 years at the time of the dismemberment abortion or has died as a result of the abortion, the maternal grandparents of the unborn child.

(b) No damages may be awarded a plaintiff if the pregnancy resulted from criminal conduct of the plaintiff.

(c) Damages awarded in such an action shall include all of the following:

(1) Money damages for all injuries, psychological and physical, occasioned by the dismemberment abortion.

(2) Statutory damages equal to three times the cost of the dismemberment abortion.
Ala. Code § 26-17-311 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-311
Section 26-17-311 Full Faith and Credit
Status: in_force

A court of this state shall give full faith and credit to an acknowledgment of paternity or denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state.
Ala. Code § 26-14-10 — Alabama Code / Title 26 / Chapter 14 / Section 26-14-10
Section 26-14-10 Doctrine of Privileged Communications Not Grounds for Exclusion of Evidence as to Child’s Injuries
Status: in_force

The doctrine of privileged communication, with the exception of the attorney-client privilege, shall not be a ground for excluding any evidence regarding a child’s injuries or the cause thereof in any judicial proceeding resulting from a report pursuant to this chapter.
Ala. Code § 26-8-48 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-48
Section 26-8-48 Sale of Property to Effect Removal Thereof from State - Authorization
Status: in_force

When the property of a minor or incapacitated person is ordered to be removed from the state under any provision contained in this article, the court making the order may, on the application of the person by whom such order of removal was obtained, order a sale of any property, real or personal, of such minor or incapacitated person as may be necessary to effect such removal.
Ala. Code § 26-17-638 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-638
Section 26-17-638 Post Judgment Motions and Hearings
Status: in_force

Post judgment motions and hearings are governed by the Alabama Rules of Civil Procedure, the Alabama Rules of Appellate Procedure, and the Alabama Rules of Juvenile Procedure.
Ala. Code § 26-23F-1 — Alabama Code / Title 26 / Chapter 23F / Section 26-23F-1
Section 26-23F-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Unborn Infants Dignity of Life Act.
Ala. Code § 26-11-1 — Alabama Code / Title 26 / Chapter 11 / Section 26-11-1
Section 26-11-1 Legitimation by Marriage of Parents and Recognition of Child by Father
Status: in_force

The marriage of the mother and reputed father of a bastard child renders it legitimate if the child is recognized by the father as his child.
Ala. Code § 26-13-5 — Alabama Code / Title 26 / Chapter 13 / Section 26-13-5
Section 26-13-5 Entry of Judgment Relieving Minor from Disabilities of Nonage and Effect Thereof Generally
Status: in_force

If on the hearing of the evidence adduced and upon such other evidence as may be required by the court, the court shall be satisfied that it will be to the interest of such minor to be relieved from the disabilities of nonage, the court shall thereupon enter judgment accordingly, and such judgment shall have the effect of investing such minor with the right to sue and be sued, to contract, to buy, sell, and convey real estate, and generally to do and perform all acts which such minor could lawfully do if 19 years of age, except as provided in this chapter.
Ala. Code § 26-16-10 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-10
Section 26-16-10 Child Abuse and Neglect Prevention Board - Criteria for Making Grants to Local Councils
Status: in_force

In making grants to a local council, the state board shall consider the degree to which the local council meets the following criteria:

(1) Has as its primary purpose the development and facilitation of a collaborative community prevention program in a specific geographical area. The prevention program shall utilize trained volunteers and existing community resources wherever practicable.

(2) Is administered by a board of directors composed of an equal number of members from the following two groups:

a. A representative from each of the following local agencies: The county department of human resources, the county public health department, a mental health representative, the office of the prosecuting attorney, a local law enforcement agency, a school district, and a number of private, local agencies that provide treatment or prevention services for abused and neglected children and their parents or guardians. The number of private agencies to be represented on the local council shall be designated in the bylaws of the local council by the remaining members.

b. Members of the local council elected by the membership. The elected members shall represent the demographic composition of the community served, as far as practicable.

(3) Does not provide direct services except on a demonstration project basis, or as a facilitator of interagency projects.

(4) Demonstrates a willingness and ability to provide prevention program models and consultation organizations and communities regarding prevention program development and maintenance.

(5) Demonstrates an ability to match, through money or in-kind services, 50 percent of the amount of any trust fund money received. Not more than 50 percent of the local match shall be in in-kind services. In-kind services are subject to the approval of the board.

(6) Other criteria that the state board deems appropriate.
Ala. Code § 26-26-8 — Alabama Code / Title 26 / Chapter 26 / Section 26-26-8
Section 26-26-8 Severabilitiy
Status: in_force

If any part, section, or subsection of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect parts, sections, subsections, or applications of this chapter that can be given effect without the invalid part, section, subsection, or application.
Ala. Code § 26-8-46 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-46
Section 26-8-46 Removal of Property or Money When Minor or Ward and Conservator Nonresidents - Transcript Showing Appointment as Conservator of Minor or Ward in State of Residence, Etc.; Notice to Resident Administrator, Guardian, Etc.; Entry of Order Authorizing Removal of Property to State of Residence
Status: in_force

The conservator must produce a transcript from the records of a court of competent jurisdiction, certified according to the act of Congress, showing that he or she has been appointed conservator of the minor or ward in the state in which he or she and the minor or ward reside and has duly qualified as such according to the laws thereof and given bond, with surety, for the performance of his or her trust; and must also give 10 days’ notice to the resident executor, administrator, or conservator, if there is such, of the intended application. Thereupon, if good cause is not shown to the contrary and the judge of probate shall be satisfied, upon proof being made, that it will be for the interest of the minor or ward, such judge of probate shall make an order granting such conservator leave to remove the property of the minor or ward to the state or place of his or her residence, which shall be an authority to him or her to sue for and recover the same in his or her own name for the use of the minor or ward.
Ala. Code § 26-17-706 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-706
Section 26-17-706 Effect of Dissolution of Marriage
Status: in_force

(a) If a marriage is dissolved before placement of eggs, sperm, or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a signed record, maintained by the licensed assisting physician, that if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child.

(b) The consent of a former spouse to assisted reproduction may be withdrawn by that individual in a signed record, maintained by the licensed assisting physician, at any time before placement of eggs, sperm, or embryos. An individual who withdraws consent under this section is not a parent of the resulting child.
Ala. Code § 26-2A-138 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-138
Section 26-2A-138 Who May Be Appointed Conservator; Priorities
Status: in_force

(a) The court may appoint an individual or a corporation with general power to serve as trustee or conservator of the estate of a protected person. The following are entitled to consideration for appointment in the order listed:

(1) A conservator, guardian of property, or other like fiduciary appointed or recognized by an appropriate court of any other jurisdiction in which the protected person resides;

(2) An individual or corporation nominated by the protected person who is 14 or more years of age and of sufficient mental capacity to make an intelligent choice;

(3) An attorney-in-fact under a valid durable power of attorney previously executed by the protected person and giving the attorney-in-fact reasonably broad powers over the property of the protected person;

(4) The spouse of the protected person, or a person nominated by the will of a deceased spouse to whom the protected person was married at the decedent’s death and the protected person has not remarried;

(5) An adult child of the protected person;

(6) A parent of the protected person, or a person nominated by the will of a deceased parent;

(7) Any relative of the protected person who has resided with the protected person for more than six months before the filing of the petition;

(8) A person nominated by one who is caring for or paying benefits to the protected person; and

(9) A general guardian or sheriff for the county who must be appointed and act as conservator when no other fit person applies for appointment and qualifies.

(b) A person in priorities (1), (4), (5), (6), or (7) may designate in writing a substitute to serve instead and thereby transfer the priority to the substitute. 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 protected person, may pass over a person having priority and appoint a person having a lower priority or no priority.
Ala. Code § 26-19-10 — Alabama Code / Title 26 / Chapter 19 / Section 26-19-10
Section 26-19-10 Public School Systems to Notify Department of Education and ACMEC When Missing School Child Found
Status: in_force

Every public school system in this state shall notify the Department of Education and ACMEC immediately with respect to any child whose name appears on the department’s list of missing school children who is subsequently found.
Ala. Code § 26-10C-1 — Alabama Code / Title 26 / Chapter 10C / Section 26-10C-1
Section 26-10C-1 Registration of Putative Fathers; Notice of Intent to Claim Paternity; Release of Information
Status: in_force

(a) The State Department of Human Resources shall establish a putative father registry which shall record the names, Social Security number, date of birth, and addresses of the following:

(1) Any individual adjudicated by a court of this state to be the father of a child born out of wedlock.

(2) Any individual who has filed with the registry before or after the birth of a child born out of wedlock a notice of intent to claim paternity of the child which includes the information required in subsection (c).

(3) Any individual adjudicated by a court of another state or territory of the United States to be the father of a child born out of wedlock, where a certified copy of the court order has been filed with the registry by the individual or any other individual.

(4) Any individual who has filed with the registry an instrument acknowledging paternity pursuant to Chapter 11.

(b) The clerk of the court that determines a man to be the father of a child born out of wedlock shall immediately notify the State Department of Human Resources of the determination of paternity and include therein the information required under subsection (c).

(c)(1) An individual filing a notice of intent to claim paternity of a child or an acknowledgment of paternity shall include all of the following:

a. The father’s name, Social Security number, date of birth, and current address.

b. The mother’s name, including all other names known to the putative father which have been used by the mother, Social Security number, date of birth, and address, if known.

c. The father’s current income and financial information by attaching a child support obligation income statement/affidavit form to be prescribed by rules of the department.

d. The child’s name and place of birth, if known.

e. The possible date or dates of sexual intercourse.

(2) The individual filing shall notify the registry of any change of address pursuant to the procedures prescribed by rule of the state department. The registration shall be on a form prescribed by the state department and signed by the putative father and notarized.

(3) The putative father may file his notice of intent to claim paternity prior to the birth of the child.

(d) An individual who has filed a notice of intent to claim paternity may at any time revoke a notice of intent to claim paternity previously filed. Upon receipt of the notification by the registry, the revoked notice of intent to claim paternity shall be deemed a nullity nunc pro tunc.

(e) An unrevoked notice of intent to claim paternity of a child may be introduced in evidence by any party, other than the individual who filed the notice, in any proceeding in which the fact may be relevant.

(f) The State Department of Human Resources shall, upon request, provide the names and addresses of individuals listed with the registry to any court. The information may not be divulged to any other person except upon order of a court for good cause shown. Immediately after receiving notice pursuant to Section 26-10E-17 of the pendency of any adoption proceeding wherein the proposed adoptee is a child born within 300 days of the date of any sexual intercourse listed in the registry and to the same biological mother listed in the registry, the State Department of Human Resources shall send a copy of the notice of intent to claim paternity to the court handling the adoption. When the court handling the adoption receives the notice of the intent to claim paternity, that court shall forthwith give notice of the pendency of the adoption proceeding to the putative father listed in the notice of intent to claim paternity and at the address therein listed, and additionally notify the biological mother that the putative father has registered in conformity with the putative father registry.

(g) The State Department of Human Resources shall create a form titled “Notice of Intent to Claim Paternity” to be used when an individual files notice of intent to claim paternity. The form shall include the information required under subsection (c), the name of the mother who has given birth or may give birth to a child born out of wedlock, and the possible date or dates of sexual intercourse.

(h) The registry, except as provided by subsection (f), shall be kept confidential and not open for public inspection.

(i)(1) Any individual who claims to be the natural father of a child and fails to file his notice of intent to claim paternity pursuant to subsection (a) prior to or within 30 days of the birth of a child born out of wedlock shall be deemed to have given an irrevocable implied consent in any adoption proceeding.

(2) This subsection shall be the exclusive procedure available for any individual who claims to be the natural father of a child born out of wedlock on or after January 1, 1997, to entitle that individual to notice of and the opportunity to contest any adoption proceeding filed and pending on or after January 1, 1997.

(j)(1) An individual who knowingly or intentionally registers false information under this section commits a Class A misdemeanor.

(2) An individual who knowingly or intentionally releases confidential information in violation of this section commits a Class A misdemeanor. However, it is a defense under this subsection if the State Department of Human Resources releases confidential information while acting:

a. In good faith; and

b. With reasonable diligence.
Ala. Code § 26-16-13 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-13
Section 26-16-13 State Agencies to Share Information Concerning Investigations of Child Abuse or Neglect
Status: in_force

Law enforcement agencies of this state, social service agencies of this state, and state and local departments of human resources shall share information concerning investigations of suspected or actual child abuse or neglect when the sharing of such information is necessary to prevent or discover abuse or neglect of children.
Ala. Code § 26-14-13 — Alabama Code / Title 26 / Chapter 14 / Section 26-14-13
Section 26-14-13 Penalty for Failure to Make Required Report
Status: in_force

Any person who shall knowingly fail to make the report required by this chapter shall be guilty of a misdemeanor and shall be punished by a sentence of not more than six months’ imprisonment or a fine of not more than $500.00.
Ala. Code § 26-24-22 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-22
Section 26-24-22 Director
Status: in_force

(a) The chief administrative and executive officer of the office shall be the director, who shall be appointed by and serve at the pleasure of the Secretary of the Department of Early Childhood Education. The director shall be responsible for the performance and exercise of the duties, responsibilities, functions, powers, and authority imposed upon the director and the office by law and as directed by the secretary. The director shall be in the unclassified service of the state Merit System and shall receive a salary in an amount to be determined by the secretary. The director shall employ an assistant who shall also serve in the unclassified position of the state Merit System.

(b) The director shall employ all qualified personnel of the office, subject to the state Merit System.
Ala. Code § 26-10E-15 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-15
Section 26-10E-15 Surrender of Custody of Minor Under Age of Majority
Status: in_force

(a) No health facility shall surrender the physical custody of an adoptee to any individual or entity other than the county department of human resources, a licensed child-placing agency, parent, relative by blood or marriage, or individual having legal custody, unless this surrender of physical custody is authorized in a writing executed after the birth of the adoptee by one of the adoptee’s parents, the agency, or the individual having legal custody of the adoptee.

(b) A health facility shall report to the county department of human resources, on forms supplied by the State Department of Human Resources, the name and address of any individual and, in the case of an individual acting as an agent for an organization, the name and address of the organization, to whose physical custody an adoptee is surrendered. This report shall be transmitted to the State Department of Human Resources within 48 hours from the surrendering of physical custody.
Ala. Code § 26-26-7 — Alabama Code / Title 26 / Chapter 26 / Section 26-26-7
Section 26-26-7 Relation to Alabama Medical Liability Act of 1987 and Alabama Medical Liability Act of 1996
Status: in_force

Nothing in this chapter shall be construed to establish a new or separate standard of care for hospitals or physicians and their patients or otherwise modify, amend, or supersede any provision of the Alabama Medical Liability Act of 1987 or the Alabama Medical Liability Act of 1996, or any amendment or judicial interpretation of either act.
Ala. Code § 26-24-30 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-30
Section 26-24-30 Alabama Children’s Policy Council
Status: in_force

(a) The Alabama Children’s Policy Council is hereby created and shall consist of the following members: Three appointees from business and industry made by the Governor; the Lieutenant Governor; the Speaker of the House of Representatives; two members of the Alabama Senate, one appointed by the Lieutenant Governor and one appointed by the President Pro Tempore of the Senate; two members of the House of Representatives appointed by the Speaker of the House of Representatives; the Chief Justice of the Supreme Court of Alabama; the legal advisor to the Governor; the Attorney General; the President of the Juvenile and Family Court Judges’ Association; the Commissioner of the Department of Corrections; the President of the District Attorneys’ Association; the President of the Chief Juvenile Probation Officers’ Association; the Commissioner of the Department of Human Resources; the Administrative Director of Courts; the Secretary of the Department of Early Childhood Education; the Commissioner of the Department of Mental Health; the Executive Director of the Department of Youth Services; the State Superintendent of Education; the State Health Officer; the Executive Director of the Alabama Children’s Trust Fund; the President of the Alabama Parent-Teachers Association; the Director of the Alabama Department of Economic and Community Affairs; the Commissioner of the Department of Rehabilitation Services; the Commissioner of the Alabama Medicaid Agency; the Secretary of the Alabama State Law Enforcement Agency; the Administrator of the Alcoholic Beverage Control Board; the Director of the Office of School Readiness; the Director of Voices for Alabama’s Children; the Director of A Journey to Manhood; the President of A Coalition of 100 Black Women; the President of 21st Century Youth Leadership Program; the Director of the Children First Foundation; the Director of the Multiple Needs Child Office; and five persons to be appointed by the Alabama Children’s Policy Council. The appointed members of the Alabama Children’s Policy Council shall reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. All appointments are subject to Senate confirmation and shall be effective until acted upon by the Senate.

(b) The Secretary of the Department of Early Childhood Education shall serve as chair and the Chief Justice of the Supreme Court of Alabama as vice chair. The five Alabama Children’s Policy Council appointees and the three appointees of the Governor shall serve on the Alabama Children’s Policy Council for two years from October 1 following their appointment and until their successors are selected, and may be reappointed for additional terms. Any vacancies in the appointed positions shall be filled in like manner as their predecessor and shall serve for a full term and until their successors are selected. If the Alabama Children’s Policy Council deems it necessary or advisable, it may elect other officers and adopt bylaws. The vice chair and any other officers of the Alabama Children’s Policy Council, other than the chair, shall hold these offices for a period as designated by the Alabama Children’s Policy Council, or for so long as they remain members of the Alabama Children’s Policy Council. The Alabama Children’s Policy Council shall meet at the call of the chair at least once annually prior to September 1 of each fiscal year, and at other times as, in the opinion of the chair, additional meetings are needed.

(c) It shall be the duty of the Alabama Children’s Policy Council and the Chief Justice of the Supreme Court of Alabama to review the report prepared by the Department of Early Childhood Education pursuant to Section 26-24-34 and to make recommendations as it deems necessary and appropriate to the Governor and Legislature by October 1 of each fiscal year. It shall also be the duty of the Alabama Children’s Policy Council to develop a state resource guide, which may be automated, including procedural information concerning how to access these services. This guide shall be distributed to departments, agencies, and organizations serving children, as well as the county children’s policy councils in each county of the state and the general public.
Ala. Code § 26-25-4 — Alabama Code / Title 26 / Chapter 25 / Section 26-25-4
Section 26-25-4 Emergency Medical Services Provider
Status: reserved

REPEALED BY ACT 2023-508, EFFECTIVE SEPTEMBER 1, 2023.

For the purposes of this chapter, an emergency medical services provider shall mean a licensed hospital, as defined in Section 22-21-20, which operates an emergency department. An emergency medical services provider does not include the offices, clinics, surgeries, or treatment facilities of private physicians or dentists. No individual licensed health care provider, including physicians, dentists, nurses, physician assistants, or other health professionals shall be deemed to be an emergency medical services provider under this chapter unless such individual voluntarily assumes responsibility for the custody of the child.
Ala. Code § 26-19A-2 — Alabama Code / Title 26 / Chapter 19A / Section 26-19A-2
Section 26-19A-2 Purpose
Status: in_force

The Missing and Endangered Persons Alert Act is enacted for the following purposes:

(1) To provide a rapid response if either of the following occur:

a. The department verifies that an individual living with a mental disability, physical disability, Alzheimer’s disease, dementia, or autism is missing or lost and is at risk of bodily harm or death.

b. The department verifies that an individual has been abducted and the department has a reasonable belief that the individual is at risk of bodily harm or death.

(2) To gain the voluntary assistance of the broadcast media to help locate missing and endangered persons.
Ala. Code § 26-24-4 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-4
Section 26-24-4 Powers of Secretary
Status: in_force

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

(b) The secretary may request any state or local agency or department which administers programs, other than education programs offered by the Department of Education for K-12, that directly affect Alabama’s children to submit to the secretary information deemed necessary by the secretary to evaluate and assess the relationship between children’s programs and the effectiveness of those programs, other than education programs offered by the Department of Education for K-12.

(c) The secretary may establish a data base of services offered by the several state and local agencies, and develop a system to provide for better coordination of services.

(d) The secretary shall work with the state and county children’s policy councils and the state and county children’s services facilitation teams in order to ensure that a comprehensive coordinated effort is in place to provide for children’s services.
Ala. Code § 26-1A-217 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-217
Section 26-1A-217 Gifts
Status: in_force

(a) In this section, a gift “for the benefit of” a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act, and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code Section 529, 26 U.S.C. Section 529, as amended.

(b) Unless the power of attorney otherwise expressly provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to:

(1) make outright to, or for the benefit of, a person including the agent, a gift of any of the principal’s property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under Internal Revenue Code Section 2503(b), 26 U.S.C. Section 2503(b), as amended, without regard to whether the federal gift tax exclusion applies to the gift, or if the principal’s spouse agrees to consent to a split gift pursuant to Internal Revenue Code Section 2513, 26 U.S.C. Section 2513, as amended, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and

(2) consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. Section 2513, as amended, to the splitting of a gift made by the principal’s spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.

(c) An agent may make a gift of the principal’s property only as the agent determines is consistent with the principal’s objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal’s best interest based on all relevant factors, including:

(1) the value and nature of the principal’s property;

(2) the principal’s foreseeable obligations and need for maintenance;

(3) minimization of taxes, including income, estate, inheritance, generation skipping transfer, and gift taxes;

(4) eligibility for a benefit, a program, or assistance under a statute or regulation; and

(5) the principal’s personal history of making or joining in making gifts.
Ala. Code § 26-5-35 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-35
Section 26-5-35 Proceedings Upon Failure of Conservator to Obey Process to Appear and File Accounts and Vouchers
Status: in_force

If a conservator fails to obey any process requiring him or her to appear and file his or her accounts and vouchers for a final or partial settlement, the court of probate may, by attachment, compel his or her appearance and may, if on appearance he or she refuses to file such accounts and vouchers or to show good cause for his or her omission, imprison him or her for a period not exceeding six months.
Ala. Code § 26-10B-6 — Alabama Code / Title 26 / Chapter 10B / Section 26-10B-6
Section 26-10B-6 Provisions Which May Be Included in Compact
Status: in_force

A compact entered into pursuant to the authority conferred by this chapter may contain provisions in addition to those required pursuant to Section 26-10B-5, as follows:

(1) Provisions establishing procedures and entitlements to medical, developmental, child care, or other social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for providing the services or the funds to defray part or all of the costs thereof; and

(2) Such other provisions as may be appropriate or incidental to the proper administration of the compact.
Ala. Code § 26-2A-32 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-32
Section 26-2A-32 Venue; Multiple Proceedings; Transfer
Status: in_force

(a) If a proceeding under this chapter could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed.

(b) If proceedings concerning the same estate, protected person, or ward are commenced in more than one court of this state, the court in which a proceeding was first commenced shall continue to hear the matter and determine venue. Any other court shall hold the matter in abeyance until the question of venue is decided. If the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.

(c) If the court finds that in the interest of justice a proceeding or a file should be located in another court of this state, the court may transfer the proceeding or file to the other court.
Ala. Code § 26-17-624 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-624
Section 26-17-624 Temporary Order
Status: in_force

(a) In a proceeding under this article, upon a motion by a party the court shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is:

(1) a presumed father of the child;

(2) petitioning to have his paternity adjudicated;

(3) identified as the father through genetic testing under Section 26-17-505;

(4) an alleged father who has declined to submit to genetic testing;

(5) shown by clear and convincing evidence to be the father of the child; or

(6) the mother of the child.

(b) A temporary order may include provisions for custody and visitation as provided by other law of this state.
Ala. Code § 26-16-52 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-52
Section 26-16-52 Ad Hoc Child Abuse Protection Team Advisory Committee Created; Composition, Duties, Etc.; Annual Report
Status: in_force

Upon October 1, 1985, an ad hoc child abuse protection team advisory committee shall be created and shall consist of the following members: The Governor of the State of Alabama or his or her designated representative; the Director of the Department of Human Resources; the Executive Director of the Child Abuse Trust Fund; the President of the State Parents Teachers Association; two judges in the State of Alabama that preside over courts exercising juvenile jurisdiction to be selected by the Chief Justice of the Alabama Supreme Court; one representative from the Association of County Department of Human Resources County Directors to be selected by the Governor; the Executive Director of the Office of Prosecution Services; the Chairman of the Victims Compensation Commission; and two other members selected by the President of the Child Abuse Trust Fund.

The committee shall study the operational aspects of multi-disciplinary child protection teams, hereinafter referred to as teams, including both existing teams and those teams to be created pursuant to this article, and shall promulgate guidelines for the reporting or referral of child abuse or neglect cases to the teams. The committee shall present their guidelines within three months after the committee is formed to the Governor.

Upon final approval of such guidelines by the Governor, the teams shall begin organizing and as soon as it is practicable shall begin to carry out their functions.

In order to ensure the effective implementation of these teams, the Director of the Department of Human Resources shall submit a report on the overall operation of these teams to the Joint Legislative Committee on Children and Youth within 30 days of the beginning of each annual regular session of the Alabama Legislature.
Ala. Code § 26-14-7.1 — Alabama Code / Title 26 / Chapter 14 / Section 26-14-7.1
Section 26-14-7.1 Due Process Rights for Persons Under Investigation by Department
Status: in_force

Any person who comes under investigation by the Department of Human Resources for the abuse or neglect of a child or children and who is employed by, serves as a volunteer for, holds a license or certificate for, or is connected with any facility, agency, or home which cares for and controls any children and which is licensed, approved, or certified by the state, operated as a state facility, or any public, private, or religious facility or agency that may be exempt from licensing procedures shall be granted the following due process rights by the Department of Human Resources:

(1) The department shall notify the alleged perpetrator that an investigation has commenced against him or her after such investigation has officially begun in accordance with written policies established by the Department of Human Resources. The notice shall be in writing and shall state the name of the child or children allegedly abused, the date or dates that the alleged abuse is thought to have occurred, and the substance of the person’s actions which are alleged to be abusive. The department shall establish and maintain written policies outlining the specifics of such notification and other policies deemed necessary and prudent by the department to inform the alleged perpetrator of his rights and the procedures utilized by the department involving child abuse and neglect investigations.

(2) If the department conducts an investigation relating to child abuse/neglect, the alleged perpetrator shall be notified of the investigator’s conclusions.

(3) If the department’s investigators conclude that child abuse/neglect is indicated, an investigative hearing may be held to confirm or reject the investigators’ conclusions.

(4) The alleged perpetrator shall be given ten departmental working days from the receipt of the notification of the investigator’s conclusions to request a hearing, and such request must be in writing. If no such request is received in the department’s office within ten departmental working days, the alleged perpetrator’s opportunity for a hearing shall be considered waived by the department.

(5) The employer of an alleged perpetrator shall not be notified of the investigator’s conclusions prior to a hearing or its waiver unless, in the opinion of the department’s investigators, a child is in danger of abuse or neglect; in such case, any person in a position to discover, prevent, or protect the child from his abuse or neglect may be informed of information gathered in the investigation prior to a requested investigative hearing for the alleged perpetrator.

(6) The alleged perpetrator shall be notified of the date, time, and place of any investigative hearing. Such hearing shall not be open to the public.

(7) The alleged perpetrator shall have the following rights at any departmental investigative hearing:

a. The right to present his case himself or be represented by legal counsel or any other person.

b. The right to present written evidence, oral testimony, and witnesses.

c. The right to be provided by the department a short and plain written statement of the matters asserted which will be presented at the hearing.

d. The right to review and copy at cost any written or recorded statement made by the alleged perpetrator to departmental personnel in the course of the child abuse/neglect investigation. This request must be made prior to the date for the hearing.

e. The right to review and copy at cost, before or during the hearing, the written material and other evidence in possession of the department which will be placed into evidence at the hearing.

f. The right to inspect any exculpatory evidence which may be in the possession of departmental investigators, and the right to be informed of such evidence if known by departmental investigators before the hearing; provided, that a request for such evidence is made at least five working days prior to the date set for the hearing.

g. The right to review and copy at cost all non-confidential department documents pertinent to the case, including written policies and rights.

h. The right to cross-examine witnesses testifying at the hearing.

i. The right to request issuance of subpoenas to witnesses and compel attendance. This request must be received no later than ten calendar days prior to the hearing, unless a shorter time is agreed upon by the hearing officer.

j. The right to review and copy at cost all documents in the official hearing file maintained by the hearing officer.

k. The right to have a hearing officer appointed who shall be disinterested, fair, and impartial.

(8) The Department of Human Resources or its investigative hearing officers shall have the power and authority to issue subpoenas to compel attendance by and production of documents from any witness. Subpoenas may be served in the same manner as subpoenas issued out of any circuit court. Where any witness has been summoned by the Department of Human Resources, its commissioner or any of his or her agents, and the witness refuses to appear, testify, or produce records or documents as requested; then any circuit court in this state, or any judge thereof, on application, may issue an attachment for such person and compel him or her to comply with such order and the court or judge shall have power to punish for contempt in cases of disobedience of such order.

(9) The Department of Human Resources shall establish policies and written guidelines for the conduct and procedures involved in an investigative hearing. At such hearing, the fact that there was a finding by a juvenile court judge or by a criminal court that child abuse or neglect has occurred shall be presumptive evidence that the report should be marked indicated.

(10) The hearing officer shall notify the alleged perpetrator in writing of the hearing officer’s decision.

(11) Results of investigative hearings:

a. If the hearing officer concludes that child abuse and/or neglect is “indicated,” such findings and evidence shall be filed with the appropriate district attorney and other law enforcement officials which the department may deem necessary.

b. The alleged perpetrator’s employer or licensing/certifying agency or group may also be notified of the “indicated” findings. Such notification shall be marked “Confidential” and “To Be Used Only For The Purpose Of Discovery Or Preventing Child Abuse.” The department shall establish written policies for notification of employers, prospective employers and licensing/certifying agencies or groups.
Ala. Code § 26-2B-105 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-105
Section 26-2B-105 Cooperation Between Courts
Status: in_force

(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:

(1) Hold an evidentiary hearing.

(2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state.

(3) Order that an evaluation or assessment be made of the respondent.

(4) Order any appropriate investigation of a person involved in a proceeding.

(5) Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) or any other proceeding, any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4).

(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person.

(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. Section 164.504, as amended.

(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
Ala. Code § 26-5-39 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-39
Section 26-5-39 Proceedings Upon Failure of Conservator or Personal Representative to Appear and File Accounts and Vouchers on Appointed Day
Status: in_force

If such conservator or personal representative fails to appear and file his or her accounts and vouchers for settlement, any person having an interest may appear and contest such account and the court must hear and determine such contest and, whether such contest be made or not, must render a decree on such account which has the force and effect of a decree rendered on a voluntary settlement by such conservator or personal representative.
Ala. Code § 26-25-1.2 — Alabama Code / Title 26 / Chapter 25 / Section 26-25-1.2
Section 26-25-1.2 Emergency Medical Services Providers; Installation, Maintenance, and Monitoring of Baby Safety Devices
Status: in_force

(a)(1) An emergency medical services provider may install, maintain, and monitor a baby safety device, provided that the baby safety device meets all of the requirements of this section. No other individual or entity, including any child placing agency, that is not an emergency medical services provider may install, maintain, or monitor a baby safety device.

(2)a. An emergency medical services provider may accept donations or grants, and the Legislature may appropriate funds, for the purpose of installing and maintaining a baby safety device. If a specific donation or appropriation is made to an emergency medical services provider for the purpose of installing and maintaining a baby safety device pursuant to this section, then the emergency medical services provider shall install and maintain a baby safety device as required by this section, to the extent that the funding allows it to do so. A donor may not be involved in the installation, maintenance, or monitoring of a baby safety device.

b. An emergency medical services provider shall not be required to install, maintain, or monitor a baby safety device if the provider has not received funding under this subdivision.

(b) A baby safety device in this state shall be installed by a general contractor licensed pursuant to Chapter 8 of Title 34 and shall meet all of the following criteria:

(1) Be designed to permit a parent to anonymously place an infant in the device for purposes of surrendering the infant.

(2) Be climate controlled.

(3) Be installed in a conspicuous location.

(4) Be equipped with a dual alarm system connected to the physical location where the device is installed. The dual alarm system shall trigger when an infant is placed into the device, shall be visually inspected twice per day, and shall be tested at least once per week.

(5) Have a supporting frame of the device that is anchored to prevent movement of the unit as a whole.

(6) Be under 24-hour camera surveillance, provided that the surveillance footage may only be viewed for purposes of investigating alleged child abuse or neglect or other criminal behavior related to the surrender of an infant to a baby safety device.

(7) Meet any other requirements adopted by the department.

(c) An emergency medical services provider shall take custody of any infant surrendered in a baby safety device in the same manner as an infant surrendered pursuant to Section 26-25-1, and shall follow the procedures provided in Section 26-25-2.

(d)(1) The Department of Public Health shall adopt rules relating to the installation, maintenance, and monitoring of a baby safety device including, but not limited to, all of the following:

a. Rules providing for the purchase and installation of a baby safety device, including designating from where an emergency medical services provider may purchase a baby safety device.

b. Rules providing for the maintenance of a baby safety device.

c. Rules providing for training of emergency medical services providers with baby safety devices installed on its premises.

(2) Nothing in this chapter requires the Department of Human Resources to monitor or regulate any baby safety device installed in this state.

(e) Any emergency medical services provider that has a baby safety device installed shall post signage at the site of the device that clearly identifies the device and provides written and pictorial directions to the surrendering individual instructing him or her to open the access door, place the infant inside the device, and close the access door to engage the lock. The signage shall be approved by the Department of Public Health and shall clearly indicate all of the following:

(1) That an infant surrendered in a baby safety device may be no more than 45 days old.

(2) That by placing an infant in the baby safety device, a parent is foregoing all parental responsibilities with respect to the infant and is giving consent for the state to take custody of the infant.

(3) That damaging a baby safety device may constitute the crime of criminal mischief.
Ala. Code § 26-17-505 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-505
Section 26-17-505 Genetic Testing Results; Rebuttal
Status: in_force

(a) Under this chapter, a man is rebuttably identified as the father of a child if the genetic testing complies with this article and the results disclose that:

(1) the man has at least a 99 percent probability of paternity, using a prior probability of 0.50, as calculated by using the combined paternity index obtained in the testing; and

(2) a combined paternity index of at least 100 to 1.

(b) A man identified under subsection (a) as the father of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of this article which:

(1) excludes the man as a genetic father of the child; or

(2) identifies another man as the possible father of the child.

(c) Except as otherwise provided in Section 26-17-510, if more than one man is identified by genetic testing as the possible father of the child, the court or the Alabama Department of Human Resources pursuant to Section 30-3-197 shall order them to submit to further genetic testing to identify the genetic father.
Ala. Code § 26-5-10 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-10
Section 26-5-10 Final Settlement Generally - Examination of Vouchers and Auditing and Stating of Account; Taxing of Costs for Contest or Examination Where Voucher or Items Rejected
Status: in_force

On the day appointed or on any other day to which the settlement may be continued, the court must proceed to examine the vouchers and to audit and state the account, requiring evidence in support of all such vouchers or items of the account as may be contested or as may not on examination appear to the court to be just and proper, such evidence to be taken by affidavit or in any other legal mode. If any voucher or item be rejected, all costs accruing on the contest or examination thereof must be taxed against the conservator or his or her personal representative and not against the ward or his or her estate.
Ala. Code § 26-23E-15 — Alabama Code / Title 26 / Chapter 23E / Section 26-23E-15
Section 26-23E-15 Remedies
Status: in_force

Upon application by the Department of Public Health, a circuit court or any judge thereof shall have jurisdiction for cause shown, to grant a temporary restraining order, a preliminary injunction, a permanent injunction, or any combination of those remedies, restraining and enjoining any person from violating the provisions of this chapter and any rules promulgated thereunder. Any temporary restraining order, preliminary injunction, or permanent injunction shall be issued without bond. This remedy is in addition to any other remedies available to the Department of Public Health.
Ala. Code § 26-2B-104 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-104
Section 26-2B-104 Communication Between Courts
Status: in_force

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication.

(b) If the parties are not allowed to participate in the communication, the court shall give all parties the opportunity to present facts and legal arguments before the court issues an order establishing jurisdiction.

(c) Except as otherwise provided in subsection (d), the court shall make a record of any communication under this section and promptly inform the parties of the communication and grant them access to the record.

(d) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
Ala. Code § 26-2-45 — Alabama Code / Title 26 / Chapter 2 / Section 26-2-45
Section 26-2-45 Procedure Generally - Entry of Decree, Recordation of Proceedings and Appointment of Conservator by Court Upon Rendition of Verdict of Jury
Status: in_force

If the jury find by their verdict that the facts alleged in the petition are true and that such person is incapacitated, the court shall enter a decree accordingly, and must cause the petition and all the proceedings thereon to be recorded and appoint a suitable conservator of such person.
Ala. Code § 26-17-636 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-636
Section 26-17-636 Order Adjudicating Parentage; Limitation on Liability for Education and Support; Cost, Fees, and Expenses
Status: in_force

(a) The court shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child.

(b) An order adjudicating parentage must identify the child by name and date of birth, if known.

(c) Except as otherwise provided in subsection (d), the court may assess filing fees, reasonable attorney’s fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a proceeding under this article, subject to the following rules:

(1) Parties to proceedings under this chapter should pay the fees and expenses of retained counsel, expert witnesses, guardians ad litem, the costs of appropriate tests and other costs of the trial as they may, themselves, incur. The court may order reasonable fees for attorneys, expert witnesses, guardian ad litem fees, costs of appropriate tests and other costs of the trial, including docket fees, to be paid by the parties in such proportions as the court may direct. In the event the court determines that a party is unable to pay the fees and costs as directed, it may order fees and costs, including fees and costs of appropriate tests, if such tests have been ordered by the court as provided in Section 26-17-506, to be paid from the fund entitled, “court costs not otherwise provided for.” If costs and fees are ordered to be paid from the fund, claims shall be submitted by the clerk of the court to the state Comptroller for audit and allowance and, if approved by the Comptroller, shall be forwarded to the State Treasurer for payment from the fund. Provided, docket fees and fees of retained counsel shall not be paid from the fund. Docket fees shall be waived if the court determines that the parties are incapable of paying them.

(2) When an action is brought by the Department of Human Resources, its agent, the district attorney, or an attorney authorized to represent the State of Alabama, no fee shall be paid to the clerk of the court but may be taxed as a cost of the action as provided herein. If an appeal is taken by the state, no security for the costs need be given.

(3) The court may award attorney’s fees and other expenses, which may be paid directly to the attorney, who may enforce the order in the attorney’s own name.

(d) When a party bringing an action is represented by the district attorney or attorney authorized to represent the State of Alabama, no filing fee shall be paid to the clerk of the court but may be taxed as a cost of the action as provided herein. The court may not assess fees, costs, or expenses against the support-enforcement agency of this state or another state, except as provided by other law or except for good cause shown.

(e) On request of a party and for good cause shown, the court may order that the name of the child be changed.

(f) If the order of the court is at variance with the child’s birth certificate, the court shall order the Alabama Office of Vital Statistics to issue an amended birth certificate.

(g) The order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes. Upon paternity being established, the court shall immediately determine support payments at the conclusion of the paternity hearing and make support payment determination including the provision for medical support or health insurance a part of the order establishing paternity. The order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and visitation of the child or the furnishing of bond or other security for payment under the order. The order may direct the father to pay the reasonable expenses of the mother’s pregnancy and confinement.

(h) Except as provided in Title 30, Chapter 3, Article 5, a parent’s liabilities for past support is limited to a period of two years next preceding the commencement of an enforcement action under this chapter unless an order of support has been previously entered.

(i) The provisions of this article do not extend the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents’ estates or to the determination of heirship, or otherwise.
Ala. Code § 26-10B-10 — Alabama Code / Title 26 / Chapter 10B / Section 26-10B-10
Section 26-10B-10 Provision Required to Be Included in State Plan Made Pursuant to Federal Laws
Status: in_force

Consistent with federal law, the State Department of Human Resources and the Alabama Medicaid Agency, in connection with the administration of this chapter and any compact pursuant hereto, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272), Title IV-E, 42 U.S.C. §§670-676 and XIX of the Social Security Act, 42 U.S.C. §1396 and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The aforementioned department(s) shall apply for and administer all relevant federal aid in accordance with law.
Ala. Code § 26-2B-201 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-201
Section 26-2B-201 Definitions; Significant Connection Factors
Status: in_force

(a) In this article, the following terms shall have the following meanings:

(1) EMERGENCY. A circumstance that likely will result in substantial harm to a respondent’s health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent’s behalf.

(2) HOME STATE. The state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.

(3) SIGNIFICANT-CONNECTION STATE. A state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.

(b) In determining under Section 26-2B-203 and subsection (e) of Section 26-2B-301 whether a respondent has a significant connection with a particular state, the court shall consider:

(1) the location of the respondent’s family and other persons required to be notified of the guardianship or protective proceeding;

(2) the length of time the respondent at any time was physically present in the state and the duration of any absence;

(3) the location of the respondent’s property; and

(4) the extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver’s license, social relationship, and receipt of services.
Ala. Code § 26-15-3.3 — Alabama Code / Title 26 / Chapter 15 / Section 26-15-3.3
Section 26-15-3.3 Mother of Unborn Child Taking, with Good Faith Belief, Controlled Substance Pursuant to a Lawful Prescription
Status: in_force

(a) No one shall violate Section 26-15-3.2, and no one shall be required to report under Chapter 14 of this title, the exposing of an unborn child to any of the following:

(1) A prescription medication if the responsible person was the mother of the unborn child, and she was, or there is a good faith belief that she was, taking that medication pursuant to a lawful prescription.

(2) A non-prescription FDA approved medication or substance if the responsible person was the mother of the unborn child, and she was, or there is a good faith belief that she was, taking that medication or substance as directed or recommended by a physician or a health care provider acting within the authorized scope of his or her license.

(b) No one shall be criminally liable under any Alabama law for the assistance or conduct of exposing the unborn child to a medication or substance if his or her assistance or conduct is allowed or accepted under subsection (a).
Ala. Code § 26-19A-3 — Alabama Code / Title 26 / Chapter 19A / Section 26-19A-3
Section 26-19A-3 Definitions
Status: in_force

When used in this chapter, the following terms have the following meanings:

(1) BROADCASTER. Any entity that is engaged in the business of broadcasting video or audio programs, whether through the public airwaves, by cable, by direct or indirect satellite transmissions, or by any other means of communication.

(2) DEPARTMENT. The Alabama State Law Enforcement Agency.

(3) MISSING AND ENDANGERED PERSONS ALERT. A voluntary program entered into by the department and other local and state law enforcement agencies and the Alabama Association of Broadcasters and broadcasters licensed to serve in the state, which provides that if the department verifies that an individual living with a mental disability, physical disability, Alzheimer’s disease, dementia, or autism is missing or lost and is at risk of bodily harm or death, or that an individual has been abducted and the department has a reasonable belief that the individual is at risk of bodily harm or death, a media alert is transmitted. The broadcasters participating in the program then distribute the media alert.
Ala. Code § 26-1A-103 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-103
Section 26-1A-103 Applicability
Status: in_force

(a) This chapter applies to all powers of attorney, executed on or after January 1, 2012, except:

(1) a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;

(2) a proxy or other delegation to exercise voting rights or management rights with respect to an entity; and

(3) a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.

(b) A power to make health care decisions executed on or after January 1, 2012, is governed by Section 26-1A-404. Nothing in this chapter shall affect any action taken under the Natural Death Act, Chapter 8A of Title 22.
Ala. Code § 26-15-3.2 — Alabama Code / Title 26 / Chapter 15 / Section 26-15-3.2
Section 26-15-3.2 Chemical Endangerment of Exposing a Child to an Environment in Which Controlled Substances Are Produced or Distributed
Status: in_force

(a) A responsible person commits the crime of chemical endangerment of exposing a child to an environment in which he or she does any of the following:

(1) Knowingly, recklessly, or intentionally causes or permits a child to be exposed to, to ingest or inhale, or to have contact with a controlled substance, chemical substance, or drug paraphernalia as defined in Section 13A-12-260. A violation under this subdivision is a Class C felony.

(2) Violates subdivision (1) and a child suffers serious physical injury by exposure to, ingestion of, inhalation of, or contact with a controlled substance, chemical substance, or drug paraphernalia. A violation under this subdivision is a Class B felony.

(3) Violates subdivision (1) and the exposure, ingestion, inhalation, or contact results in the death of the child. A violation under this subdivision is a Class A felony.

(b) The court shall impose punishment pursuant to this section rather than imposing punishment authorized under any other provision of law, unless another provision of law provides for a greater penalty or a longer term of imprisonment.

(c) It is an affirmative defense to a violation of this section that the controlled substance was provided by lawful prescription for the child, and that it was administered to the child in accordance with the prescription instructions provided with the controlled substance.
Ala. Code § 26-1B-9 — Alabama Code / Title 26 / Chapter 1B / Section 26-1B-9
Section 26-1B-9 Reliance on a Supported Decision-Making Agreement
Status: in_force

(a) A person who in good faith relies on an authorization in a supported decision-making agreement is not subject to discipline for unprofessional conduct.

(b) This section does not apply to a person whose act or omission amounts to fraud, misrepresentation, recklessness, or willful or wanton misconduct.
Ala. Code § 26-10F-14 — Alabama Code / Title 26 / Chapter 10F / Section 26-10F-14
Section 26-10F-14 Challenge of Final Judgment; Appeals
Status: in_force

(a)(1) For the purposes of this chapter, a final judgment is one of the following:

a. The court adjudicates whether a consent has been withdrawn.

b. The court adjudicates a contest to an adoption pursuant to Section 26-10F-12.

c. The court grants or denies the petition for adoption.

(2) A final judgment under this chapter shall be entered in accordance with Rule 58 of the Alabama Rules of Civil Procedure.

(b) A party may file a post judgment motion challenging any final judgment entered under this chapter. Any post judgment motion must be filed within 14 days of the entry of final judgment and no post judgment motion may remain pending for more than 14 days, at which time it shall be deemed denied by operation of law.

(c) A party may appeal any final judgment entered by a court under this chapter. An appeal may be made to the Alabama Court of Civil Appeals by the proper filing of a notice of appeal with the clerk of the court entering the final judgment within 14 days of the entry of the final judgment, subject to Rule 4(a)(3) of the Alabama Rules of Appellate Procedure and Rule 77(d) of the Alabama Rules of Civil Procedure.
Ala. Code § 26-10-25 — Alabama Code / Title 26 / Chapter 10 / Section 26-10-25
Section 26-10-25 Subsidies - Agreements; Type; Amount; Duration; Limitation
Status: in_force

When parents are found and approved for adoption of a child certified as eligible for subsidy, and before the final decree of adoption is issued, there must be a written agreement between the State Department of Human Resources and the adopting family as to the terms and conditions of the subsidy. Upon determination of eligibility, adoption subsidies in individual cases may commence at any time after the adoption placement or at the appropriate time after the adoption decree, and will vary with the needs of the child and as negotiated with the adoptive parent or parents, and according to, as well as the availability of, other resources to meet the child’s needs. The subsidy may be for special services only, or for money payments, payment deferred, and either for a limited period, or for a long term, or for any combination of the foregoing. The amount of the time-limited or long-term subsidy may in no case exceed that which would be allowable for such child if the child had remained in foster care, or, in the case of special service, the reasonable fee for the service rendered. If the adoptive parent or parents move to another state of residence with the child, the adoption subsidy payment shall continue if the child’s needs remain the same and the child was a resident of Alabama when eligibility for subsidy was certified. Payments shall be made to the legal parent with physical custody of the child except for school or other parent authorized placements unless otherwise ordered by a court or by signed agreement by the parent or parents and the department. No payment may be made to a parent or parents if the child is not a citizen or permanent legal resident of the United States unless the child was adopted outside the United States and brought into this country for the purpose of adoption and the adoption failed and the child was placed into foster care.
Ala. Code § 26-9-11 — Alabama Code / Title 26 / Chapter 9 / Section 26-9-11
Section 26-9-11 Application of Estate for Support and Maintenance of Person Other Than Ward
Status: in_force

A guardian shall not apply any portion of the estate of his or her ward for the support and maintenance of any person other than his or her ward, except upon order of the court after a hearing, notice of which has been given the proper office of the administration in the manner provided in Section 26-9-14.
Ala. Code § 26-2B-205 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-205
Section 26-2B-205 Exclusive and Continuing Jurisdiction
Status: in_force

Except as otherwise provided in Section 26-2B-204, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
Ala. Code § 26-2A-31 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-31
Section 26-2A-31 Subject Matter Jurisdiction
Status: in_force

(a) To the full extent permitted by the constitution and as permitted under Article 2 of Chapter 2B of this title, the court has jurisdiction over all subject matter relating to estates of protected persons and protection of minors and incapacitated persons.

(b) The court has full power to make order, judgments, and decrees and take all other action necessary and proper to administer justice in the matters that come before it.

(c) The court has jurisdiction over protective proceedings and guardianship proceedings.

(d) If both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.

(e) No provision of this chapter shall be construed to void, abate, or diminish the powers or equity jurisdiction, when invoked, heretofore or hereafter granted by statute to certain probate courts.