reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 14 - Reporting of Child Abuse or Neglect. › Section 26-14-7.2 - Child Denied Medical Treatment Due to Parents' Religious Beliefs.

Section 26-14-7.2
Child denied medical treatment due to parents' religious beliefs.
(a) When an investigation of child abuse or neglect by the Department of Human Resources determines that a parent or legal guardian legitimately practicing his or her religious beliefs has not provided specific medical treatment for a child, the parent or legal guardian shall not be considered a negligent parent or guardian for that reason alone. This exception shall not preclude a court from ordering that medical services be provided to the child when the child's health requires it.
(b) The department may, in any case, pursue any legal remedies, including the initiation of legal proceedings in a court of competent jurisdiction, as may be necessary to provide medical care or treatment for a child when the care or treatment is necessary to prevent or remedy serious harm to the child, or to prevent the withholding of medically indicated treatments from infants with disabilities and with life-threatening conditions. Upon application by the department, the court may issue prelitigation or pretrial discovery orders for persons, medical records, and other documents or materials.
(Acts 1993, 1st Ex. Sess., No. 93-890, p. 162, §4; Act 98-371, p. 673, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 14 - Reporting of Child Abuse or Neglect. › Section 26-14-9 - Immunity From Liability for Actions Under Chapter.

Section 26-14-9
Immunity from liability for actions under chapter.
Any person, firm, corporation, or official, including members of a multidisciplinary child protection team, quality assurance team, child death review team, or other authorized case review team or panel, by whatever designation, participating in the making of a good faith report in an investigation or case review authorized under this chapter or other law or department practice or in the removal of a child pursuant to this chapter, or participating in a judicial proceeding resulting therefrom, shall, in so doing, be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
(Acts 1965, No. 563, p. 1049, §3; Acts 1975, No. 1124, p. 2213, §1; Act 98-371, p. 673, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 14 - Reporting of Child Abuse or Neglect. › Section 26-14-10 - Doctrine of Privileged Communications Not Grounds for Exclusion of Evidence as to Child's Injuries.

Section 26-14-10
Doctrine of privileged communications not grounds for exclusion of evidence as to child's injuries.
The doctrine of privileged communication, with the exception of the attorney-client privilege, shall not be a ground for excluding any evidence regarding a child's injuries or the cause thereof in any judicial proceeding resulting from a report pursuant to this chapter.
(Acts 1965, No. 563, p. 1049, §4; Acts 1975, No. 1124, p. 2213, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 14 - Reporting of Child Abuse or Neglect. › Section 26-14-11 - Appointment of Attorney to Represent Child.

Section 26-14-11
Appointment of attorney to represent child.
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.
(Acts 1975, No. 1124, p. 2213, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 14 - Reporting of Child Abuse or Neglect. › Section 26-14-12 - Establishment of Regulations by Department of Human Resources.

Section 26-14-12
Establishment of regulations by Department of Human Resources.
The State Department of Human Resources may establish such regulations as may be necessary to implement this chapter and to encourage cooperation with other states in exchanging reports to effect a national registration system.
(Acts 1975, No. 1124, p. 2213, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 14 - Reporting of Child Abuse or Neglect. › Section 26-14-13 - Penalty for Failure to Make Required Report.

Section 26-14-13
Penalty for failure to make required report.
Any person who shall knowingly fail to make the report required by this chapter shall be guilty of a misdemeanor and shall be punished by a sentence of not more than six months' imprisonment or a fine of not more than $500.00.
(Acts 1965, No. 563, p. 1049, §5; Acts 1975, No. 1124, p. 2213, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 15 - Child Abuse Generally. › Section 26-15-2 - Definitions.

Section 26-15-2
Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) CHEMICAL SUBSTANCE. A substance intended to be used as a precursor in the manufacture of a controlled substance, or any other chemical intended to be used in the manufacture of a controlled substance. Intent under this subdivision may be demonstrated by the substance's use, quantity, manner of storage, or proximity to other precursors, or to manufacturing equipment.
(2) CONTROLLED SUBSTANCE. Controlled substance as defined in subdivision (4) of Section 20-2-2.
(3) DRUG PARAPHERNALIA. Drug paraphernalia as defined in Section 13A-12-260.
(4) RESPONSIBLE PERSON. A child's natural parent, stepparent, adoptive parent, legal guardian, custodian, or any other person who has the permanent or temporary care or custody or responsibility for the supervision of a child.
(5) SERIOUS PHYSICAL INJURY. Serious physical injury as defined in Section 13A-1-2.
(Acts 1977, No. 502, p. 658, §2; Act 2006-204, p. 302, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 15 - Child Abuse Generally. › Section 26-15-3 - Torture, Willful Abuse, etc., of Child Under 18 Years of Age by Responsible Person.

Section 26-15-3
Torture, willful abuse, etc., of child under 18 years of age by responsible person.
A responsible person, as defined in Section 26-15-2, who shall torture, willfully abuse, cruelly beat, or otherwise willfully maltreat any child under the age of 18 years shall, on conviction, be guilty of a Class C felony.
(Acts 1977, No. 502, p. 658, §3; Act 2006-531, p. 1224, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 15 - Child Abuse Generally. › Section 26-15-3.1 - Aggravated Child Abuse.

Section 26-15-3.1
Aggravated child abuse.
(a)(1) A responsible person, as defined in Section 26-15-2, commits the crime of aggravated child abuse if he or she does any of the following:
a. He or she violates the provisions of Section 26-15-3 by acts taking place on more than one occasion.
b. He or she violates Section 26-15-3 and in so doing also violates a court order concerning the parties or injunction.
c. He or she violates the provisions of Section 26-15-3 which causes serious physical injury, as defined in Section 13A-1-2, to the child.
(2) The crime of aggravated child abuse is a Class B felony.
(b)(1) A responsible person, as defined in Section 26-15-2, commits the crime of aggravated child abuse of a child under the age of six if he or she does any of the following to a child under the age of six years:
a. He or she violates the provisions of Section 26-15-3 by acts taking place on more than two occasions.
b. He or she violates Section 26-15-3 and in so doing also violates a court order concerning the parties or injunction.
c. He or she violates the provisions of Section 26-15-3 which causes serious physical injury, as defined in Section 13A-1-2, to the child.
(2) The crime of aggravated child abuse of a child under the age of six is a Class A felony.
(Act 2001-371, p. 477, §1; Act 2002-403, p. 1015, §1; Act 2016-43, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 15 - Child Abuse Generally. › Section 26-15-3.2 - Chemical Endangerment of Exposing a Child to an Environment in Which Controlled Substances Are Produced or Distributed.

Section 26-15-3.2
Chemical endangerment of exposing a child to an environment in which controlled substances are produced or distributed.
(a) A responsible person commits the crime of chemical endangerment of exposing a child to an environment in which he or she does any of the following:
(1) Knowingly, recklessly, or intentionally causes or permits a child 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.
(Act 2006-204, p. 302, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 15 - Child Abuse Generally. › Section 26-15-3.3 - Mother of Unborn Child Taking, With Good Faith Belief, Controlled Substance Pursuant to a Lawful Prescription.

Section 26-15-3.3
Mother of unborn child taking, with good faith belief, controlled substance pursuant to a lawful prescription.
(a) No one shall violate Section 26-15-3.2, and no one shall be required to report under Chapter 14 of this title, the exposing of an unborn child to any of the following:
(1) A prescription medication if the responsible person was the 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).
(Act 2016-399, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 15 - Child Abuse Generally. › Section 26-15-4 - Effect of Chapter Upon Existing Rights or Liabilities, Pending Prosecutions, Etc.

Section 26-15-4
Effect of chapter upon existing rights or liabilities, pending prosecutions, etc.
All proceedings pending and all rights and liabilities existing, acquired, or incurred on May 11, 1977, are hereby saved and may be consummated according to the law in force when they were commenced. This chapter shall not be construed to affect any prosecution pending or begun before May 11, 1977.
(Acts 1977, No. 502, p. 658, §5.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 1 - Child Abuse and Neglect Prevention. › Section 26-16-1 - Short Title.

Section 26-16-1
Short title.
This article shall be known and may be cited as the Child Abuse and Neglect Prevention Act.
(Acts 1983, No. 83-736, p. 1198, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 1 - Child Abuse and Neglect Prevention. › Section 26-16-2 - Definitions.

Section 26-16-2
Definitions.
As used in this article, the following words and phrases shall have the meanings herein ascribed to them:
(1) CHILD. A person under 18 years of age.
(2) CHILD ABUSE. Harm or threatened harm to a child's health or welfare by a person responsible for the child's health or welfare, which harm occurs or is threatened through nonaccidental physical or mental injury; sexual abuse, which includes a violation of any provision of Article 4, Chapter 6, Title 13A.
(3) CULTURAL COMPETENCY. The ability of an individual or organization to understand and act respectfully toward, in a cultural text, the beliefs, interpersonal styles, attitudes, and behaviors of persons and families of various cultures, including persons and families of various cultures who participate in services from the individual or organization and persons of various cultures who provide services for the individual or organization.
(4) DEPARTMENT. The Department of Child Abuse and Neglect Prevention.
(5) LOCAL COUNCIL. An organization which meets the criteria described in Section 26-16-10.
(6) NEGLECT. Harm to a child's health or welfare by a person responsible for the child's health or welfare which occurs through negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care.
(7) ORGANIZATION. A nonprofit organization or a public agency which provides or proposes to provide child abuse and neglect prevention, early intervention services, or parent education.
(8) PREVENTION PROGRAM. A system of direct provision of child abuse and neglect prevention services to a child, parent, or guardian.
(9) STATE BOARD. The State Child Abuse and Neglect Prevention Board created in Section 26-16-3.
(10) TRUST FUND. The Children's Trust Fund established in the State Treasury.
(Acts 1983, No. 83-736, p. 1198, §2; Act 98-601, p. 1313, §1; Act 2006-228, p. 393, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 1 - Child Abuse and Neglect Prevention. › Section 26-16-3 - Child Abuse and Neglect Prevention Board - Board Created; Department Created; Director; Staff.

Section 26-16-3
Child Abuse and Neglect Prevention Board - Board created; department created; director; staff.
(a) The State Child Abuse and Neglect Prevention Board is created as an autonomous agency of the state government.
(b) There is created the Department of Child Abuse and Neglect Prevention which shall operate under the State Child Abuse and Neglect Prevention Board and consist of a director and such other employees of the department.
(c) There shall be a director of the department appointed by the Governor from a list of candidates submitted under Section 26-16-6(a)(2). The director shall not be a member of the state classified civil service. The director shall be compensated by a salary payable out of the State Treasury at the times and in the manner that the salary of other state officials is paid. The exact amount of the director's salary shall be set by the board.
(d) The director shall hire all staff required to exercise the powers and carry out the duties of the department with the approval of the state board. In carrying out the duties provided in subsection (b) of Section 26-16-6, the director shall coordinate these activities with the State Department of Human Resources, the Department of Mental Health, the Department of Public Health, the Department of Education, the Alabama State Law Enforcement Agency, and other state agencies as needed. The director, with the approval of the state board, shall have the authority to hire outside the state classified civil service an executive assistant who shall serve at the pleasure of the director. The state board shall approve the number of staff members hired and their job descriptions and further shall set the rate of pay or compensation due the executive assistant. Each staff member except the director and his or her executive assistant shall be a member of the state classified civil service.
(e) The director shall serve as secretary of the state board.
(Acts 1983, No. 83-736, p. 1198, §3; Acts 1985, No. 85-698, p. 1138; Act 98-601, p. 1313, §1; Act 2006-228, p. 393, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 1 - Child Abuse and Neglect Prevention. › Section 26-16-3.1 - Child Abuse and Neglect Prevention Board - Transfer of Rights, Duties, Property, etc., to Department of Child Abuse and Neglect Prevention.

Section 26-16-3.1
Child Abuse and Neglect Prevention Board - Transfer of rights, duties, property, etc., to Department of Child Abuse and Neglect Prevention.
(a) Except as necessary to comply with this section and Sections 26-16-2, 26-16-3, 26-16-4, and 26-16-6, the rights, duties, property, real or personal, and all other effects existing in the name of the State Child Abuse and Neglect Prevention Board shall be transferred to the Department of Child Abuse and Neglect Prevention. Any reference to the state board in any existing law, contract, or other instrument, except as otherwise provided in this section or Sections 26-16-2, 26-16-3, 26-16-4, and 26-16-6, shall be deemed a reference to the Department of Child Abuse and Neglect Prevention.
(b) A reasonable transition period for the name change shall be allowed to permit an orderly and cost-effective transition, relating particularly to the use of equipment, and supplies of all letterhead, business cards, forms, and any other materials in use by the state board containing the name State Child Abuse and Neglect Prevention Board shall continue to be used by the Department of Child Abuse and Neglect Prevention until the supplies are exhausted. Replacement supplies shall contain the name of the Department of Child Abuse and Neglect Prevention.
(c) The Code Commissioner, pursuant to Section 29-7-8, at times determined appropriate, shall implement this statutory name change in applicable sections of this code.
(Act 2006-228, p. 393, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 1 - Child Abuse and Neglect Prevention. › Section 26-16-4 - Child Abuse and Neglect Prevention Board - Composition; Terms; Officers and Committees; Compensation.

Section 26-16-4
Child Abuse and Neglect Prevention Board - Composition; terms; officers and committees; compensation.
(a) The state board shall be composed of the following 14 members:
(1) The Commissioner of the State Department of Human Resources, the State Mental Health Officer, the State Health Officer, the State Superintendent of Education, and the Secretary of the Alabama State Law Enforcement Agency or designees authorized to speak on their behalf.
(2) Nine public members appointed by the Governor, one from each of the seven congressional districts into which the state is divided for the purpose of electing representatives in the United States Congress, and two from the state at large. As a group, the public members shall demonstrate knowledge in the area of child abuse and neglect prevention; shall be representative of the demographic composition of this state; and, to the extent practicable, shall be representative of all of the following categories: Organized labor, the business community, the religious community, the legal community, professional providers of child abuse and neglect prevention services, and volunteers in child abuse and neglect prevention services.
(b) The term of each public member shall be three years, except that of the public members first appointed, three shall serve for three years, three for two years, and three for one year. The Governor shall designate the term which each of the members first appointed shall serve when he or she makes such appointments. A public member shall not serve more than two consecutive terms whether partial or full. A vacancy shall be filled for the balance of the unexpired term in the same manner as the original appointment.
(c) The Governor shall designate a chair of the state board from among the public members, which chair shall serve in that position at the pleasure of the Governor. The state board may elect other officers and committees as it considers appropriate.
(d) The actual and necessary per diem compensation and the schedule for reimbursement of expenses for the public members of the state board shall be the same as prescribed by law for state employees when traveling on state business. The compensation and reimbursement, the salaries of the director and staff, and all actual and necessary operating expenses of the department and the members of the state board shall be paid from the trust fund, pursuant to an authorization as provided in Section 26-16-9.
(Acts 1983, No. 83-736, p. 1198, §4; Act 2006-228, p. 393, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 1 - Child Abuse and Neglect Prevention. › Section 26-16-5 - Child Abuse and Neglect Prevention Board - Public Biannual Meetings Required; Notice; Books, Records, etc., to Be Public Records.

Section 26-16-5
Child Abuse and Neglect Prevention Board - Public biannual meetings required; notice; books, records, etc., to be public records.
(a) The business of the state board shall be conducted at public meetings held in compliance with Chapter 25A of Title 36. The board shall hold two regular public meetings each year and may hold such special meetings as in the opinion of the chairman or a majority of the board are needed to transact the business of the board. Notice of the time, date, and place of each meeting shall be given in the manner and for the time prescribed therefor by the board.
(b) All books, records, and documents pertaining to the board or the performance of any official function of the board shall be public records and open to the public at all reasonable times.
(Acts 1983, No. 83-736, p. 1198, §5; Acts 1988, 1st Ex. Sess., No. 88-882, p. 427, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 1 - Child Abuse and Neglect Prevention. › Section 26-16-6 - Child Abuse and Neglect Prevention Board - Duties and Functions of Board and Department.

Section 26-16-6
Child Abuse and Neglect Prevention Board - Duties and functions of board and department.
(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).
(Acts 1983, No. 83-736, p. 1198, §6; Act 98-601, p. 1313, §1; Act 2006-228, p. 393, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 1 - Child Abuse and Neglect Prevention. › Section 26-16-7 - Child Abuse and Neglect Prevention Board - Recommendation to Governor, etc., of Changes in State Programs Which Will Reduce Problem of Child Abuse, Etc.

Section 26-16-7
Child Abuse and Neglect Prevention Board - Recommendation to Governor, etc., of changes in state programs which will reduce problem of child abuse, etc.
The state board may recommend to the Governor and the Legislature changes in state programs, statutes, policies, budgets, and standards which will reduce the problem of child abuse and neglect, improve coordination among state agencies that provide prevention services, and improve the condition of children and parents or guardians who are in need of prevention program services.
(Acts 1983, No. 83-736, p. 1198, §7.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 1 - Child Abuse and Neglect Prevention. › Section 26-16-8 - Child Abuse and Neglect Prevention Board - Acceptance of Federal Funds; Authorized; Conditions; Disposition of Funds.

Section 26-16-8
Child Abuse and Neglect Prevention Board - Acceptance of federal funds; authorized; conditions; disposition of funds.
The state board may accept federal funds granted by Congress or executive order for the purposes of this article as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the Legislature to continue the purposes for which the federal funds are made available. All funds received in the manner described in this section shall be transmitted to the State Treasurer for deposit in the trust fund.
(Acts 1983, No. 83-736, p. 1198, §8.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 1 - Child Abuse and Neglect Prevention. › Section 26-16-9 - Child Abuse and Neglect Prevention Board - Disbursement Generally.

Section 26-16-9
Child Abuse and Neglect Prevention Board - Disbursement generally.
(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.
(Acts 1983, No. 83-736, p. 1198, §9; Act 98-601, p. 1313, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 1 - Child Abuse and Neglect Prevention. › Section 26-16-10 - Child Abuse and Neglect Prevention Board - Criteria for Making Grants to Local Councils.

Section 26-16-10
Child Abuse and Neglect Prevention Board - Criteria for making grants to local councils.
In making grants to a local council, the state board shall consider the degree to which the local council meets the following criteria:
(1) Has as its primary purpose the development and facilitation of a collaborative community prevention program in a specific 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.
(Acts 1983, No. 83-736, p. 1198, §10; Act 98-601, p. 1313, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 1 - Child Abuse and Neglect Prevention. › Section 26-16-11 - Child Abuse and Neglect Prevention Board - Promulgation of Rules.

Section 26-16-11
Child Abuse and Neglect Prevention Board - Promulgation of rules.
Not later than two years after August 8, 1983, the state board shall promulgate rules pursuant to the Alabama Administrative Procedure Act, Act No. 81-855 of 1981, now codified as Chapter 22 of Title 41.
(Acts 1983, No. 83-736, p. 1198, §11.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 1 - Child Abuse and Neglect Prevention. › Section 26-16-12 - Review of Board Conducted Every Five Years.

Section 26-16-12
Review of board conducted every five years.
A thorough, independent review of the functions, responsibilities, and performance of the state board shall be completed each five years after August 8, 1983, and transmitted to the individuals listed in Section 26-16-6(a)(3).
(Acts 1983, No. 83-736, p. 1198, §12.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 1 - Child Abuse and Neglect Prevention. › Section 26-16-13 - State Agencies to Share Information Concerning Investigations of Child Abuse or Neglect.

Section 26-16-13
State agencies to share information concerning investigations of child abuse or neglect.
Law enforcement agencies of this state, social service agencies of this state, and state and local departments of human resources shall share information concerning investigations of suspected or actual child abuse or neglect when the sharing of such information is necessary to prevent or discover abuse or neglect of children.
(Acts 1985, No. 85-699, p. 1140.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 2 - Children's Trust Fund. › Section 26-16-31 - (Repealed Effective for Tax Years Beginning After December 31, 2005) State Income Tax Refund Designation Program - Authorization; Procedure.

Section 26-16-31
(Repealed effective for tax years beginning after December 31, 2005) State income tax refund designation program - Authorization; procedure.
(a) For the tax year beginning October 1, 1983, and until the State Treasurer certifies that the assets in the Children's Trust Fund exceed $10,000,000, a resident individual taxpayer who files an Alabama income tax return and who is entitled to an income tax refund from the State Department of Revenue sufficient to make a designation under this section may designate that $5, $10, $25 or other sum of his or her refund be credited to the Children's Trust Fund. In the case of a joint return of husband and wife who are entitled to a tax refund sufficient to make a designation under this section, a designation may be made in the same denominations or sums of their refund to be credited to the Children's Trust Fund. Such designation shall be made by marking the appropriate box, printed on the return pursuant to subsection (b) of this section.
(b) The State Department of Revenue shall print on the face of the state income tax form for residents a space for taxpayers to designate that a contribution be made to the Children's Trust Fund from their income tax refund due. The space for designating the contribution shall provide for checkoff boxes in the stated amounts or other dollar amount, commencing for the tax year 1989 and thereafter.
(c) The State Child Abuse and Neglect Prevention Board, created pursuant to Section 26-16-3, may, from time to time, change the designated checkoff sums upon resolution passed, in accordance with the provisions of the administrative procedure laws, and upon proper notification to the Department of Revenue.
(Acts 1983, No. 83-735, p. 1195, §2; Acts 1988, No. 88-544, p. 843.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 2 - Children's Trust Fund. › Section 26-16-32 - State Income Tax Refund Designation Program - Disposition of Contributions.

Section 26-16-32
State income tax refund designation program - Disposition of contributions.
(a) Each year that the refund designation program established in Section 26-16-31(a), above, is in effect, the Commissioner of the Department of Revenue shall transfer to the Children's Trust Fund an amount equal to the total amount designated by individuals to be paid to the fund under this article, less an amount, equal to not more than three percent of the total of such funds then collected, for the additional cost incurred by the Department of Revenue in collecting and handling such funds which shall be deposited the General Fund of the State Treasury for the use of the Revenue Department. Such deposits shall be made not less than quarterly commencing with the first day such funds are collected from the taxpayer.
(b) Moneys contained in the Children's Trust Fund are continuously appropriated to the Child Abuse and Neglect Prevention Board for the purposes set out in Section 26-16-30(f) of this article. Such funds shall be supplemental to any and all other appropriations heretofore or hereafter made to the Child Abuse and Neglect Prevention Board. No provision of this article shall be construed to be in lieu of annual appropriations.
(c) The Child Abuse and Neglect Prevention Board shall have access to and control of the moneys in the fund and shall be authorized to distribute such funds only for the purposes of this article and Section 26-16-9 of the Child Abuse and Neglect Prevention Act (the act proposed by House Bill No. 57 of the 1983 Regular Session of the Alabama Legislature).
(Acts 1983, No 83-735, p. 1195, §3; Acts 1989, No. 89-656, p. 1300, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 2 - Children's Trust Fund. › Section 26-16-33 - General Repealer; Construction of Article.

Section 26-16-33
General repealer; construction of article.
All laws or parts of laws which conflict with this article are hereby repealed except that no part of this article shall be construed to authorize any board, person, or entity to assume the duties and responsibilities of any other state agencies or to repeal or preempt or take precedence over any part of Title 26, Chapter 14, Sections 26-14-1 through 26-14-13.
(Acts 1983, No. 83-735, p. 1195, §5.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 3 - Multi-Disciplinary Child Protection Teams. › Section 26-16-50 - Department of Human Resources to Provide for Teams; Composition of Teams.

Section 26-16-50
Department of Human Resources to provide for teams; composition of teams.
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.
(Acts 1985, No. 85-682, p. 1078, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 3 - Multi-Disciplinary Child Protection Teams. › Section 26-16-51 - Department of Human Resources to Adopt Guidelines and Criteria; General Role and Functions of Teams.

Section 26-16-51
Department of Human Resources to adopt guidelines and criteria; general role and functions of teams.
The Department of Human Resources shall adopt guidelines and criteria relating to the operations and functions of the team as promulgated by the advisory committee created pursuant to Section 26-16-52. The guidelines will be supplemental to the existing protective service activities of the children, youth, and family programs of the State of Alabama. Nothing in this section shall be construed to remove or reduce the duty and responsibility of any person to report all suspected or actual cases of child abuse or neglect or sexual abuse of a child pursuant to law. The general role of the teams shall be to support activities of the program and to provide services to abused and neglected children upon referral by the county departments of human resources, or any other agency as set forth in the guidelines and criteria established.
To the extent that resources are available to each of the various teams throughout the state, the functions of the teams shall include, but not be limited to, the following specific functions:
(1) To provide comprehensive medical and psychological programs for the identification and diagnosis of child abuse and for treatment and rehabilitation programs for abused children and their family members.
(2) To provide case service coordination and assistance, including the types and locations of services available to abused children and their family members from other public or private agencies in the community in an effort to provide the fullest range of services while avoiding the duplication of services.
(3) To provide for educational and community awareness campaigns on child abuse and neglect in an effort to enable citizens more successfully to prevent, identify, and report and treat child abuse and neglect victims in the community.
(Acts 1985, No. 85-682, p. 1078, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 3 - Multi-Disciplinary Child Protection Teams. › Section 26-16-52 - Ad Hoc Child Abuse Protection Team Advisory Committee Created; Composition, Duties, etc.; Annual Report.

Section 26-16-52
Ad hoc child abuse protection team advisory committee created; composition, duties, etc.; annual report.
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.
(Acts 1985, No. 85-682, p. 1078, §3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 3 - Multi-Disciplinary Child Protection Teams. › Section 26-16-53 - Existing Child Abuse Prevention Teams Preserved and Exempted From Article.

Section 26-16-53
Existing child abuse prevention teams preserved and exempted from article.
Child abuse prevention teams in existence as of October 1, 1985, shall not be replaced by the provisions of this article. Such existing teams are hereby expressly preserved and shall be exempt from the provisions of this article.
(Acts 1985, No. 85-682, p. 1078, §4.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 4 - Alabama Network of Children's Advocacy Centers. › Section 26-16-72 - Initial Funding; Failure to Meet Standards.

Section 26-16-72
Initial funding; failure to meet standards.
Any new child advocacy center within the State of Alabama that desires to become certified by the network may request and receive initial funding if approved by the board of directors of the network. Any center failing to meet the standards established in Section 26-16-70 for a period of one year or longer shall not be eligible to receive state funding.
(Acts 1992, No. 92-558, p. 1161, §3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 4 - Alabama Network of Children's Advocacy Centers. › Section 26-16-73 - Allocation of Funds by Network Board of Directors.

Section 26-16-73
Allocation of funds by network board of directors.
The network board of directors shall be responsible for allocating state appropriated funds to existing and new child advocacy centers which meet the standards of Section 26-16-70, pursuant to the provisions of Sections 26-16-71 and 26-16-72.
(Acts 1992, No. 92-558, p. 1161, §4; Act 2001-845, p. 651, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 16 - Child Abuse and Neglect. › Article 5 - Child Death Review Teams. › Section 26-16-90 - Legislative Findings.

Section 26-16-90
Legislative findings.
The Legislature finds and declares that: Every child is entitled to live in safety and in health and to survive into adulthood; there are concerns about the adequacy of efforts in this state to identify deaths; and recognizing that no single agency or person is responsible, that multidisciplinary, multiagency child death review teams are methods of achieving the state policy.
(Act 97-893, p. 252, §1.)