Current Through April 2016

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed.

Consequences

This issue is not addressed in the statutes reviewed.

Current Through February 2016

Physical Abuse

Citation: Ala. Code § 26-14-1(1)-(3)  ‘Abuse’ means harm or threatened harm to the health or welfare of a child through:

• Nonaccidental physical injury
• Sexual abuse or attempted sexual abuse
• Sexual exploitation or attempted sexual exploitation

Neglect

Citation: Ala. Code § 26-14-1(1)-(3)  ‘Neglect’ means negligent treatment or maltreatment of a child, including the failure to provide adequate food, clothing, shelter, medical treatment, or supervision.

Sexual Abuse/Exploitation

Citation: Ala. Code § 26-14-1(1)-(3)  ‘Sexual abuse’ includes:

• The employment, use, persuasion, inducement, enticement, or coercion of a child to engage in or to have a child assist any other person engage in sexually explicit conduct
• Any simulation of the conduct for the purpose of producing a visual depiction of the conduct
• The rape, molestation, prostitution, or other form of sexual exploitation of children
• Incest with children

‘Sexual exploitation’ includes:

• Allowing, permitting, or encouraging a child to engage in prostitution
• Allowing, permitting, encouraging, or engaging in obscene or pornographic photographing, filming, or depicting a child for commercial purposes

Emotional Abuse

Citation: Ala. Code § 26-14-1(1)-(3)  The term ‘abuse’ includes non-accidental mental injury.

Abandonment

This issue is not addressed in the statutes reviewed.

Standards for Reporting

Citation: Ala. Code § 26-14-3
A report is required when a mandatory reporter knows or suspects a child is a victim of child abuse or neglect.

Persons Responsible for the Child

Citation: Ala. Code § 26-14-7.2  Responsible persons include the child’s parent or legal guardian.

Exceptions

Citation: Ala. Code § 26-14-7.2   A parent who fails to provide medical treatment to a child due to the legitimate practice of religious beliefs shall not be considered negligent for that reason alone. This exception shall not preclude a court from ordering that medical services be provided to the child.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Ala. Code § 30-5-2  In this chapter [concerning the issuance of civil protection orders], the term ‘abuse’ means the occurrence of conduct directed at a plaintiff as defined by this chapter, including the following:

• Arson, as defined under §§ 13A-7-40 to 13A-7-43
• Assault, as defined under §§ 13A-6-20 to 13A-6-22
• Attempt, which means the intent to commit any crime under this section or any other criminal act under the laws of this State or performing any overt act towards the commission of the offense
• Child abuse, as defined under title 26, chapter 15
• Criminal coercion, as defined under § 13A-6-25
• Criminal trespass, which means entering or remaining in the dwelling or on the premises of another after having been warned not to do so either orally or in writing by the owner of the premises or other authorized person
• Harassment, as defined under § 13A-11-8
• Kidnapping, as defined under §§ 13A-6-43 and 13A-6-44
• Menacing, as defined under § 13A-6-23
• Any other conduct directed toward a plaintiff covered by this chapter that could be punished as a criminal act under the laws of this State
• Reckless endangerment, as defined under § 13A-6-24
• Any sexual offenses, as defined under title 13A, chapter 6, article 4
• Stalking, as defined under §§ 13A-6-90 to 13A-6-94
• Theft, which means knowingly obtaining or exerting unauthorized control or obtaining control by deception over property owned by or jointly owned by the plaintiff and another
• Unlawful imprisonment, as defined under §§ 13A-6-41 and 13A-6-42

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ala. Code §§ 15-10-3; 13  A-11-8‘Domestic violence’ means any incident resulting in the abuse, assault, harassment, or the attempt or threats thereof, between family, household, or dating or engagement relationship members.

‘Harassment’ means any offense under § 13A-11-8.

A person commits the crime of harassment if, with intent to harass, annoy, or alarm another person, he or she:

• Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to physical contact
• Directs abusive or obscene language or makes an obscene gesture toward another person

For purposes of this section, harassment shall include a threat, verbal or nonverbal, made with the intent to carry out the threat that would cause a reasonable person who is the target of the threat to fear for his or her safety.

A person commits the crime of ‘harassing communications’ if, with intent to harass or alarm another person, he or she does any of the following:

• Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written or electronic communication in a manner likely to harass or cause alarm
• Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication
• Telephones another person and addresses to or about such other person any lewd or obscene words or language

Persons Included in the Definition

Citation: Ala. Code §§ 15-10-3; 30-5-2  In criminal law: ‘Family, household, or dating or engagement relationship members’ includes a spouse, former spouse, parent, child, or any other person related by marriage or common law marriage, a person with whom the victim has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship.

In civil law: For the purposes of this chapter, the term ‘plaintiff’ is a person in need of protection from domestic violence who is age 18 or older, is or has been married or is emancipated, and has one of the following relationships:

• Is related by marriage to the defendant, including a common law marriage
• Had a former marriage or common law marriage with the defendant
• Has a child in common with the defendant
• Has a dating relationship with the defendant
• Is a current or former household member

A dating relationship means a recent frequent, intimate association, primarily characterized by the expectation of affectionate or sexual involvement within the last 6 months. A dating relationship does not include a casual or business relationship.

A household member is a person maintaining or having maintained a living arrangement with the defendant where he or she is in, or was engaged in, a romantic or sexual relationship.

Current Through April 2014

When Case Plans Are Required

Citation: Ala. Admin. Code r. 660-5-28-.06  A written case plan must be developed for the child within 30 days from the time of placement. For children in foster care or related care less than 30 days, this case plan requirement is waived. A brief case plan statement will suffice.

Who May Participate in the Case Planning Process

Citation: Ala. Admin. Code r. 660-5-28-.06  The parents or other relatives and the child, if of appropriate age, may participate in the development of the plan.

Contents of a Case Plan

Ala. Admin. Code r. 660-5-28-.06 The case plan must include the following:

• A description of the type of home or child care facility in which the child is to be, or has been, placed
• Justification of the appropriateness of the placement as to whether it is:
  • In the least restrictive, family-like setting available, with relative placement to be given first consideration, after which foster family care, group home care, and institutional care are to be considered, in that order
  • In close proximity to the parent’s or family home
  • Consistent with the best interests and special needs of the child
• An analysis of the circumstances that necessitate the child’s placement, together with a statement of:
  • What efforts were made and what services were provided to prevent the child’s placement
  • What conditions in the child’s own home need improving before the child can be returned
  • What services are to be provided to improve these conditions
• A statement of the plan for ensuring that the child receives proper care while in placement that encompasses:
  • Placement in a duly licensed facility or approved home, together with appropriate supervision
  • Services to the providers to facilitate and support the child’s adjustment in placement
  • Services to the child to address his or her needs and a discussion of the appropriateness of the services provided
  • A statement of the transitional independent living plan based upon an assessment of the needs of each child age 16 or older
• A statement of the child’s permanent plan, developed in conjunction with the child’s family and the child, as appropriate
• A description of the extent to which the parents or other relatives and, if of appropriate age, the child participated in the development of the permanent plan for the child
• A statement of the requirements of the court or the recommendations of the administrative review panel in connection with the required 6-month case review and how the department will meet those requirements and recommendations
• An estimated date by which a decision will be made to return the child to the parents or seek an alternative permanent placement
• A summary of what efforts will be or have been made and what services will be or have been provided to reunite the child with his or her family
• The health and education records of the child, to the extent available and accessible

Current Through November 2012

Citation: Ala. Admin. Code r. 660-5-47-.02 (LexisNexis through 3-31-12)  Concurrent planning is a case management method that emphasizes candor, goal setting, and completion of selected activities within specified time limits in work with children and families in order to facilitate a more timely achievement of permanence and stability. This method encourages all individualized service plan (ISP) team members to achieve the most desirable permanency goal while, at the same time, establishing and pursuing an alternate permanency goal. Such planning should occur from the time of initial engagement with a family rather than sequentially thereafter.

Current Through January 2016

Schedule of Hearings

Citation: Ala. Code §§ 12-15-312; 12-15-315; Admin. Code r. 660-5-28-.06   If reasonable efforts are not made with respect to a child as a result of a determination made by a juvenile court, a permanency hearing shall be held for the child within 30 days after the determination.

Within 12 months of the date a child is removed from the home and placed in out-of-home care, and no less frequently than every 12 months thereafter during the continuation of the child in out-of-home care, the juvenile court shall hold a permanency hearing.

In regulation: A review of the case plan for every child in foster care either by court review or administrative review must be completed at least every 6 months. These review requirements apply to all children in the custody of the Department of Human Resources or for whom the department has planning responsibility whether or not they are in foster care. For foster children age 16 and older, the written transitional independent living plan must be reviewed at the 6-month review.

Persons Entitled to Attend Hearings

Citation: Ala. Code § 12-15-307  Relative caregivers, preadoptive parents, and foster parents of a child in foster care under the responsibility of the State shall be given notice, verbally or in writing, of the date, time, and place of any juvenile court proceeding being held with respect to a child in their care. Foster parents, preadoptive parents, and relative caregivers of a child in foster care have a right to be heard in any juvenile court proceeding held with respect to a child in their care. No foster parent, preadoptive parent, or relative caregiver of a child in foster care shall be made a party to a juvenile court proceeding solely on the basis of this notice and right to be heard pursuant to this section.

Determinations Made at Hearings

Citation: Ala. Code § 12-15-315  At the permanency hearing, the department shall present to the juvenile court a permanent plan for the child. If a permanent plan is not presented to the court at this hearing, there shall be a rebuttable presumption that the child should be returned home. In the case of a child who will not be returned home, the court shall consider in-State and out-of-State placement options at the permanency hearing.

If the court determines the permanent plan shall be placement in another planned permanent living arrangement, the department must document a compelling reason for determining that it would not be in the best interests of the child to return home, be placed for adoption, be permanently placed with a relative, be placed with a kinship guardian, or be placed in adult custodial care. If the child has been placed in foster care outside the State of Alabama, at the permanency hearing the court shall determine whether the out-of-State placement continues to be appropriate and in the best interests of the child.

In the case of a child who has attained age 16, the court shall consider the services needed to assist the child to make the transition from foster care to independent living. In any permanency hearing held with respect to the child, including any hearing regarding the transition of the child from foster care to independent living, the juvenile court shall consult, in an age-appropriate manner, with the child regarding the proposed permanency or transition plan for the child.

Permanency plans may be concurrent, and the department may make reasonable efforts concurrently toward multiple permanency goals. The permanency hearing order of the court shall address whether the department has made reasonable efforts to finalize any existing permanency plan for the child.

Permanency Options

Citation: Ala. Code § 12-15-315  The purpose of the permanency hearing shall be to determine the permanency plan for the child that may include whether, and, if applicable, when, the child shall be:

• Returned home on a specific date
• Placed for adoption with no identified resource or with the current foster parent wherein the department shall file a petition for termination of parental rights
• Placed permanently with a relative with a transfer of legal and physical custody to the relative or with a transfer of physical custody to the relative but with the department retaining legal custody
• Placed permanently with a kinship guardian pursuant to a written request filed by the department. The written request shall contain the following:
  • That the kinship guardianship is in the best interests of the child and that a permanency goal of return of the child to his or her parents or adoption would not be in the best interests of the child
  • That granting a kinship guardianship will provide the child with a safe and permanent home
  • That the child demonstrates a strong attachment to the relative caregiver and the relative caregiver demonstrates a strong commitment to caring permanently for the child
  • That the relative caregiver has been approved as a foster parent by the department, has completed a criminal history and child abuse and neglect central registry clearances, and that results of these clearances have been provided to the court
  • That the child has been in foster care in the care of the prospective kinship guardian for no less than 6 consecutive months
  • That if the child is age 14 or older, he or she has indicated his or her position regarding the prospective kinship guardianship and, if the child is age 18 or older, he or she has consented to the kinship guardianship if capable of giving effective consent
• Placed in adult custodial care
• Placed in another planned permanent living arrangement

Current Through March 2016

Citation: Ala. Code § 12-15-101The purpose of this chapter is to facilitate the care, protection, and discipline of children who come within the jurisdiction of the juvenile court, while acknowledging the responsibility of the juvenile court to preserve the public peace and security. In furtherance of this purpose, the following goals have been established for the juvenile court:

• To preserve and strengthen the child’s family whenever possible, including improvement of home environment
• To remove the child from the custody of his or her parents only when it is judicially determined to be in his or her best interests or for the safety and protection of the public
• To reunite a child with his or her parents as quickly and as safely as possible when the child has been removed from the custody of his or her parents unless reunification is judicially determined not to be in the best interests of the child
• To secure for any child removed from parental custody the necessary treatment, care, guidance, and discipline to assist him or her in becoming a responsible, productive member of society
• To promote a continuum of services for children and their families from prevention to aftercare, considering wherever possible, prevention, diversion, and early intervention
• To achieve the foregoing goals in the least restrictive setting necessary, with a preference at all times for the preservation of the family and the integration of parental accountability and participation in treatment and counseling programs

This chapter shall be liberally construed to the end that each child coming within the jurisdiction of the juvenile court shall receive the care, guidance, and control, preferably in his or her own home, necessary for the welfare of the child and the best interests of the State.

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Ala. Code § 12-15-319  If the court finds from clear and convincing evidence that the parents of a child are unable or unwilling to discharge their responsibilities to their child, it may terminate the parental rights of the parents. In making this determination, the court shall consider, but not be limited to, the following:

• The parent has abandoned the child.
• Emotional illness, mental illness, or mental deficiency of the parent, or excessive use of alcohol or controlled substances has rendered the parent unable to care for the child.
• The parent has tortured, abused, cruelly beaten, or otherwise maltreated the child, or attempted to torture, abuse, cruelly beat, or otherwise maltreat the child, or the child is in clear and present danger of being thus tortured, abused, cruelly beaten, or otherwise maltreated as evidenced by the treatment of a sibling.
• The parent has been convicted of and imprisoned for a felony.
• The parent has committed any of the following:
  • Murder or manslaughter of another child of that parent
  • Aiding, abetting, attempting, conspiring, or soliciting to commit murder or manslaughter of another child of that parent
  • A felony assault or abuse that results in serious bodily injury to the surviving child or another child of that parent
• Unexplained serious physical injury to the child proved to be the result of the intentional conduct or willful neglect of the parent.
• Reasonable efforts to rehabilitate the parent have failed.
• Parental rights to a sibling of the child have been involuntarily terminated.
• The parent has failed to provide for the material needs of the child or to pay a reasonable portion of support of the child when the parent is able to do so.
• The parent has failed to maintain regular visits with the child in accordance with a visitation plan.
• The parent has failed to maintain consistent contact or communication with the child.

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Ala. Code § 12-15-317  The Department of Human Resources is required to file a petition for termination of parental rights when the child has been in foster care for 15 of the most recent 22 months unless:

• The child is being cared for by a relative.
• The Department of Human Resources has documented in the individualized service plan, which shall be available for review by the juvenile court, a compelling reason for determining that filing a petition would not be in the best interests of the child.
• The department has not provided to the family of the child, consistent with the time period in the individualized service plan of the department, such services as the department deems necessary for the safe return of the child to his or her home, if reasonable efforts are required to be made with respect to the child.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Ala. Code § 38-12-2  When a child has been removed from his or her home and is in the care, custody, or guardianship of the Department of Human Resources, the department shall attempt to place the child with a relative for kinship foster care. If the relative is approved by the department to provide foster care services, in accordance with rules and regulations adopted by the department regarding foster care services, and a placement with the relative is made, the relative may receive payment for the full foster care rate only as provided by Federal law for the care of the child and any other benefits that might be available to foster parents, whether in money or in services.

A relative shall be an individual who is legally related to the child by blood, marriage, or adoption within the fourth degree of kinship, including only a brother, sister, uncle, aunt, first cousin, grandparent, great-grandparent, great-great-grandparent, great-aunt, great-uncle, niece, nephew, grandniece, grandnephew, or a stepparent. For the purposes of kinship foster care, the blood relationship will continue to be recognized in defining a relative after termination of parental rights.

Requirements for Placement with Relatives

Citation: Ala. Code §§ 38-12-2; 38-12-3; 38-12-14  The kinship foster parent shall be age 21 or older unless the department provides otherwise by rule to carry out the provisions of this chapter.

The department may waive standards for kinship foster care as provided by department rule and as permitted by other State and Federal law.

A person may become a kinship foster parent only upon the completion of an investigation to ascertain if there is a State or Federal record of criminal history for the prospective kinship foster parent or any other adult residing in the prospective foster parent’s home.

The department shall determine whether the person is able to care effectively for the foster child by the following methods:

• Reviewing personal and professional references
• Observing the kinship foster parent with household members during a home visit
• Interviewing the kinship foster parent

Requirements for Placement of Siblings

Citation: Ala. Code § 12-15-315(e)  If the permanency plan for a child is with a kinship guardian, the individualized service plan must contain the reasons for any separation of siblings during placement.

Relatives Who May Adopt

Citation: Ala. Code § 26-10A-28  Relatives include grandparents, great-grandparents, great-uncles or great-aunts, siblings, half-siblings, aunts or uncles of the first degree, and their respective spouses.

Requirements for Adoption by Relatives

Citation: Ala. Code § 26-10A-28  The adopted person must have resided for 1 year with the relative. The court may waive this provision.

The relative is exempt from the preplacement investigation required by § 26-10A-19 (that includes a criminal background check), unless one is requested by the court. No report of fees or charges under § 26-10A-23 is required unless ordered by the court.

Current Through March 2016

What Are Reasonable Efforts

Citation: Ala. Code § 12-15-301(10)  ‘Reasonable efforts’ are efforts made to preserve and reunify families prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from his or her home, and to make it possible for a child to return safely to his or her home. ‘Reasonable efforts’ also refers to efforts made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanency placement of the child.

In determining the reasonable efforts to be made with respect to a child, and in making these reasonable efforts, the health and safety of the child shall be the paramount concern.

When Reasonable Efforts Are Required

Citation: Ala. Code § 12-15-312(b)  As used in this chapter, reasonable efforts refers to efforts made to preserve and reunify families prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from his or her home, and to make it possible for a child to return safely to his or her home. In determining the reasonable efforts to be made with respect to a child, and in making these reasonable efforts, the health and safety of the child shall be the paramount concern. If continuation of reasonable efforts is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan including, if appropriate, through an interstate placement, and to complete whatever steps are necessary to finalize a permanent plan for the child.

When Reasonable Efforts Are NOT Required

Citation: Ala. Code § 12-15-312(c)  Reasonable efforts shall not be required to be made if the parental rights of the parent to a sibling have been involuntarily terminated or the parent has done any of the following:

• Subjected the child or a sibling to an aggravated circumstance that made the risk of abuse or neglect too high for the child to remain at home or return home. An aggravated circumstance includes, but is not limited to, rape, sodomy, incest, aggravated stalking, abandonment, torture, chronic abuse, or sexual abuse. An aggravated circumstance may also include any of the following:
  • A child is allowed to use alcohol or illegal drugs to the point of abuse, neglect, or substantial risk of harm.
  • Substance misuse or abuse, or both, by a parent interferes with the ability to keep the child safe, and the parent refuses to participate in or complete treatment or treatment has been unsuccessful.
  • A parent demonstrates extreme disinterest in the child by either not complying with a case plan for more than 6 months or repeatedly leaving the child with someone who is unwilling or incapable of providing care, and the parent does not return for the child as promised.
  • An infant or young child has been abandoned, the identity of the child is unknown, and the parent is unknown or unable to be located after a diligent search.
  • The parent has an emotional or mental condition, and there is clearly no treatment that can improve or strengthen the condition enough to allow the child to remain at home safely or to return home safely.
  • The parent is incarcerated and the child is deprived of a safe, stable, and permanent parent-child relationship.
• Committed murder or manslaughter of another child or the child’s other parent
• Aided, abetted, attempted, conspired, or solicited to commit murder or manslaughter of another child or the child’s other parent
• Committed a felony assault that resulted in serious bodily injury to the child, another child, or the child’s other parent