Code of Alabama
Title 26 - Infants and Incompetents.

Section 26-1-1 - Age of Majority Designated as 19 Years. - (a) Any person in this state, at the arrival at...

Section 26-1-2 - Durable Power of Attorney; Appointment by Court of Guardian, etc., Subsequent to Execution of Durable Power of Attorney; Effect of Death of Principal Upon Agency Relationship; Affidavit by Person Exercising Power of Attorney as to La... - (a) A durable power of attorney is a power of...

Section 26-1-2.1 - Gifts by Power of Attorney. - (a) If any power of attorney or other writing either...

Section 26-1-3 - Blood Donations by Persons 17 or Older. - REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-51 EFFECTIVE...

Section 26-1-3.1 - Blood Donations by Persons 17 or Older; Blood Donations by Persons 16 Years of Age; Blood or Plasma Donations by Persons 18 or Older. - (a) A person who is 17 years of age or...

Section 26-1-4 - Alabama State Law Enforcement Agency to Provide Criminal Conviction Information on Applicants for Positions Involving Child Care and Treatment; Such Information to Be Confidential; Applicant to Be Denied Status if Has Felony Convicti... - (a) Notwithstanding any other provisions of law to the contrary,...

Section 26-1-5 - Age of Majority for Purposes of Contracting With Banks, Credit Unions, etc., for Certain Loans or Accounts; Requirements for Members of Armed Forces. - (a) Notwithstanding Section 26-1-1, the age of majority for the...

Chapter 1A - Alabama Uniform Power of Attorney.

Article 1 - General Provisions.

Section 26-1A-101 - Short Title. - This chapter may be cited as the Alabama Uniform Power...

Section 26-1A-102 - Definitions. - In this chapter: (1) "Agent" means a person granted authority...

Section 26-1A-103 - Applicability. - (a) This chapter applies to all powers of attorney, executed...

Section 26-1A-104 - Power of Attorney Is Durable. - A power of attorney to which this chapter applies is...

Section 26-1A-105 - Execution of Power of Attorney. - A power of attorney must be signed by the principal...

Section 26-1A-106 - Validity of Power of Attorney. - (a) A power of attorney executed in this state on...

Section 26-1A-107 - Meaning and Effect of Power of Attorney. - The meaning and effect of a power of attorney is...

Section 26-1A-108 - Nomination of Conservator or Guardian; Relation of Agent to Court-Appointed Fiduciary. - (a) In a power of attorney, a principal may nominate...

Section 26-1A-109 - When Power of Attorney Effective. - (a) A power of attorney is effective when executed unless...

Section 26-1A-110 - Termination of Power of Attorney or Agent's Authority. - (a) A power of attorney terminates when: (1) the principal...

Section 26-1A-111 - Co-Agents and Successor Agents. - (a) A principal may designate two or more persons to...

Section 26-1A-112 - Reimbursement and Compensation of Agent. - Unless the power of attorney otherwise provides, an agent is...

Section 26-1A-113 - Agent's Acceptance. - Except as otherwise provided in the power of attorney, a...

Section 26-1A-114 - Agent's Duties. - (a) Notwithstanding provisions in the power of attorney, an agent...

Section 26-1A-115 - Exoneration of Agent. - A provision in a power of attorney relieving an agent...

Section 26-1A-116 - Judicial Relief. - (a) The following persons may petition a court to construe...

Section 26-1A-117 - Agent's Liability to the Principal. - An agent that violates this chapter is liable to the...

Section 26-1A-118 - Agent's Resignation; Notice. - Unless the power of attorney provides a different method for...

Section 26-1A-119 - Acceptance of and Reliance Upon Acknowledged Power of Attorney. - (a) For purposes of this section and Section 26-1A-120, "acknowledged"...

Section 26-1A-120 - Liability for Refusal to Accept Acknowledged Power of Attorney. - (a) Except as otherwise provided in subsection (b): (1) a...

Section 26-1A-121 - Principles of Law and Equity. - Unless displaced by a provision of this chapter, the principles...

Section 26-1A-122 - Laws Applicable to Financial Institutions and Entities. - This chapter does not supersede any other law applicable to...

Section 26-1A-123 - Remedies Under Other Law. - The remedies under this chapter are not exclusive and do...

Article 2 - Authority.

Section 26-1A-201 - Authority That Requires Specific Grant; Grant of General Authority. - (a) An agent under a power of attorney may do...

Section 26-1A-202 - Incorporation of Authority. - (a) An agent has authority described in this article if...

Section 26-1A-203 - Construction of Authority Generally. - Except as otherwise provided in the power of attorney, by...

Section 26-1A-204 - Real Property. - (a) Unless the power of attorney otherwise provides, language in...

Section 26-1A-205 - Tangible Personal Property. - Unless the power of attorney otherwise provides, language in a...

Section 26-1A-206 - Stocks and Bonds. - Unless the power of attorney otherwise provides, language in a...

Section 26-1A-207 - Commodities and Options. - Unless the power of attorney otherwise provides, language in a...

Section 26-1A-208 - Banks and Other Financial Institutions. - Unless the power of attorney otherwise provides, language in a...

Section 26-1A-209 - Operation of Entity or Business. - Subject to the terms of a document or an agreement...

Section 26-1A-210 - Insurance and Annuities. - Unless the power of attorney otherwise provides, language in a...

Section 26-1A-211 - Estates, Trusts, and Other Beneficial Interests. - (a) In this section, "estates, trusts, and other beneficial interests"...

Section 26-1A-212 - Claims and Litigation. - Unless the power of attorney otherwise provides, language in a...

Section 26-1A-213 - Personal and Family Maintenance. - (a) Unless the power of attorney otherwise provides, language in...

Section 26-1A-214 - Benefits From Governmental Programs or Civil or Military Service. - (a) In this section, "benefits from governmental programs or civil...

Section 26-1A-215 - Retirement Plans. - (a) In this section, "retirement plan" means a plan or...

Section 26-1A-216 - Taxes. - Unless the power of attorney otherwise provides, language in a...

Section 26-1A-217 - Gifts. - (a) In this section, a gift "for the benefit of"...

Article 3 - Forms.

Section 26-1A-301 - Power of Attorney Form. - A document substantially in the following form may be used...

Section 26-1A-302 - Agent's Certification. - A document substantially in the following format may be used...

Article 4 - Miscellaneous Provisions.

Section 26-1A-401 - Uniformity of Application and Construction. - In applying and construing this uniform act, consideration must be...

Section 26-1A-402 - Relation to Electronic Signatures in Global and National Commerce Act. - This chapter modifies, limits, and supersedes the federal Electronic Signatures...

Section 26-1A-403 - Effect on Existing Powers of Attorney. - This chapter applies to all powers of attorney executed on...

Section 26-1A-404 - Health Care Powers of Attorney Executed on or After January 1, 2012. - (a) This section applies to a power of attorney for...

Chapter 2 - Appointment of Guardians.

Article 1 - General Provisions.

Section 26-2-2 - Removal of Guardianship or Conservatorship From Probate to Circuit Court. - The administration or conduct of any guardianship or conservatorship of...

Section 26-2-3 - Transfer to Circuit Court; Remand to Probate Court. - (a) In any county where the judge of probate is...

Article 2 - General Conservator for County; Guardians of Minors.

Section 26-2-26 - General Conservator for County. - The judge of probate may appoint a general conservator for...

Section 26-2-27 - Appointment of Sheriff as Guardian. - If no fit person is appointed and qualifies as guardian...

Article 3 - Guardians of Incapacitated Persons.

Section 26-2-43 - Procedure Generally - Summoning, etc., of Jurors, Witnesses and Person Alleged to Be Incapacitated. - The judge of probate must issue a writ directed to...

Section 26-2-44 - Procedure Generally - Impaneling and Swearing in of Jury; Filling of Vacancies on Jury. - (a) At the time set for the trial, if good...

Section 26-2-45 - Procedure Generally - Entry of Decree, Recordation of Proceedings and Appointment of Conservator by Court Upon Rendition of Verdict of Jury. - If the jury find by their verdict that the facts...

Section 26-2-46 - Procedure Where Person Alleged to Be of Unsound Mind Confined in Hospital or Asylum. - If the person alleged to be of unsound mind is...

Section 26-2-47 - Appointment of Guardian for Nonresident Incapacitated Person Having Property Within State - Authorization. - The court of probate of a county in which an...

Section 26-2-48 - Appointment of Guardian for Nonresident Incapacitated Person Having Property Within State - Procedure. - The application for the appointment of a conservator for such...

Section 26-2-50 - Appointment of General Conservator of County or Sheriff as Guardian. - The general conservator of the county must be appointed conservator...

Section 26-2-51 - Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Contents of Application, Etc. - At any time after the inquisition, the person ascertained to...

Section 26-2-52 - Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Appointment of Date for Hearing on Application; Notice to Guardian or Conservator, Etc. - On the filing of such application, the court must appoint...

Section 26-2-53 - Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Conduct of Hearing or Trial Upon Contested Application; Entry of Decree Revoking Guardianship or Conservatorship, etc., Whe... - If the guardian or conservator or the person at whose...

Section 26-2-54 - Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Entry of Decree or Judgment as to Contested Application Upon Rendition of Verdict of Jury. - If, on the trial of the contest, the jury finds...

Section 26-2-55 - Revocation of Guardianship or Conservatorship - Upon Application by Guardian or Conservator. - If, at any time after his or her appointment, the...

Chapter 2A - Alabama Uniform Guardianship and Protective Proceedings Act.

Article 1 - General Provisions, Definitions and Jurisdiction of Court.

Division 1 - Short Title, Construction, General Provisions.

Section 26-2A-1 - Short Title. - This chapter may be cited as the Alabama Uniform Guardianship...

Section 26-2A-2 - Rule of Construction; Purposes. - (a) This chapter shall be liberally construed and applied to...

Section 26-2A-3 - Supplementary General Principles of Law Applicable. - Unless displaced by the particular provisions of this chapter, the...

Section 26-2A-4 - Severability. - If any provision of this chapter or its application to...

Section 26-2A-5 - Construction Against Implied Repeal. - This chapter is a general act intended as a unified...

Section 26-2A-6 - Facility of Payment or Delivery; Notice of Payment. - (a) Any person under a duty to pay or deliver...

Section 26-2A-7 - Delegation of Powers by Parent or Guardian; Parental Authority. - (a) A parent who has custody, or a guardian, of...

Section 26-2A-8 - Application to Existing Relationships. - Guardianships created prior to January 1, 1988, and continuing in...

Section 26-2A-9 - Preservation of Powers and Duties of Existing Curators; Curators Become Conservators on January 1, 1997. - (a) A curator appointed pursuant to Chapter 7A of this...

Division 2 - Definitions.

Section 26-2A-20 - General Definitions. - As used in this chapter the following terms shall have...

Division 3 - Scope, Jurisdiction, and Courts.

Section 26-2A-30 - Territorial Application. - Except as otherwise provided in this chapter, it applies to:...

Section 26-2A-32 - Venue; Multiple Proceedings; Transfer. - (a) If a proceeding under this chapter could be maintained...

Section 26-2A-31 - Subject Matter Jurisdiction. - (a) To the full extent permitted by the constitution and...

Section 26-2A-33 - Practice in Court. - Unless specifically provided to the contrary in this chapter or...

Section 26-2A-34 - Records and Certified Copies. - The clerk of court shall keep a record for each...

Section 26-2A-35 - Jury Trial. - (a) Except for proceedings in a court having general equity...

Section 26-2A-36 - Appeals. - Appellate review, including the right to appellate review, interlocutory appeal,...

Division 4 - Notice, Parties, and Representation in Guardianship and Protective Proceedings.

Section 26-2A-50 - Notice; Method and Time of Giving. - (a) If notice of a hearing on any petition is...

Section 26-2A-51 - Notice; Waiver. - A person, including a guardian, guardian ad litem, conservator, or...

Section 26-2A-52 - Guardian Ad Litem. - At any point in a proceeding, a court may appoint...

Section 26-2A-53 - Request for Notice; Interested Person. - Upon payment of any required fee, an interested person who...

Article 2 - Protection of Persons Under Disability and Their Property.

Division 1 - Guardians of Minors.

Section 26-2A-70 - Appointment and Status of Guardian of Minor. - A person may become a guardian of a minor by...

Section 26-2A-71 - Parental Appointment of Guardian for Minor. - (a) The parent of an unmarried minor may appoint a...

Section 26-2A-72 - Objection by Minor of 14 or Older to Parental Appointment. - A minor 14 or more years of age who is...

Section 26-2A-73 - Court Appointment of Guardian of Minor; Conditions for Appointment. - (a) The court may appoint a guardian for an unmarried...

Section 26-2A-74 - Venue. - The venue for guardianship proceedings for a minor pursuant to...

Section 26-2A-75 - Procedure for Court-Appointment of Guardian of Minor. - (a) A minor or any person interested in the welfare...

Section 26-2A-76 - Court Appointment of Guardian of Minor; Qualifications; Priority of Minor's Nominee. - The court may appoint as guardian any person whose appointment...

Section 26-2A-77 - Consent to Service by Acceptance of Appointment; Notice. - By accepting a parental or court appointment as guardian, a...

Section 26-2A-78 - Powers and Duties of Guardian of Minor. - (a) A guardian of a minor ward has the powers...

Section 26-2A-79 - Termination of Appointment of Guardian; General. - A guardian's authority and responsibility terminate upon the death, resignation,...

Section 26-2A-80 - Proceedings Subsequent to Appointment; Venue. - (a) The court at the place where the ward resides...

Section 26-2A-81 - Resignation, Removal, and Other Post-Appointment Proceedings. - (a) Any person interested in the welfare of a ward...

Division 2 - Guardians of Incapacitated Persons.

Section 26-2A-100 - Appointment of Guardian for Incapacitated Person by Will or Other Writing. - (a) The parent of an unmarried incapacitated person may appoint...

Section 26-2A-101 - Venue. - The venue for guardianship proceedings for an incapacitated person is...

Section 26-2A-102 - Court Appointment of Guardian for Incapacitated Person. - (a) Except as provided by subsection (e), an incapacitated person...

Section 26-2A-103 - Notice in Guardianship Proceeding. - (a) In a proceeding for the appointment of a guardian...

Section 26-2A-104 - Who May Be Guardian; Priorities. - (a) Any qualified person may be appointed guardian of an...

Section 26-2A-104.1 - Corporations as Guardians for Developmentally Disabled. - (a) The term "developmentally disabled" means a person whose impairment...

Section 26-2A-105 - Findings; Order of Appointment. - (a) The court shall exercise the authority conferred in this...

Section 26-2A-106 - Acceptance of Appointment; Consent to Jurisdiction. - By accepting appointment, a guardian submits personally to the jurisdiction...

Section 26-2A-107 - Emergency Orders; Temporary Guardians. - (a) If an incapacitated person has no guardian, an emergency...

Section 26-2A-108 - General Powers and Duties of Guardian. - (a) Except as limited pursuant to Section 26-2A-105(c), a guardian...

Section 26-2A-109 - Termination of Guardianship for Incapacitated Person. - The authority and responsibility of a guardian of an incapacitated...

Section 26-2A-110 - Removal or Resignation of Guardian; Termination of Incapacity. - (a) On petition of the ward or any person interested...

Section 26-2A-111 - Proceedings Subsequent to Appointment; Venue. - (a) The court at the place where the ward resides...

Division 2A - Guardians of Incapacitated Persons.

Section 26-2A-112 - Definitions. - For the purposes of this division, the following terms have...

Section 26-2A-113 - Petition to Compel Visitation. - (a) A relative may file a petition with the court...

Section 26-2A-114 - Investigation and Report. - Before ruling on the petition, the court may order the...

Section 26-2A-115 - Hearing; Orders. - (a) In ruling on the petition, the court shall conduct...

Section 26-2A-116 - Notice Requirements. - (a) Except as provided under subsection (b), provided the relative...

Section 26-2A-117 - Jurisdiction of Court. - The court has continuing jurisdiction to revoke or modify an...

Division 3 - Protection of Property of Persons Under Disability and Minors.

Section 26-2A-130 - Protective Proceedings. - (a) Upon petition and after notice and hearing in accordance...

Section 26-2A-131 - Protective Proceedings; Jurisdiction of Business Affairs of Protected Persons. - Subject to Section 26-2A-31, after the service of notice in...

Section 26-2A-132 - Venue. - Venue for proceedings under this division is: (1) In the...

Section 26-2A-133 - Original Petition for Appointment or Protective Order. - (a) The person to be protected or any person who...

Section 26-2A-134 - Notice. - (a) On a petition for appointment of a conservator or...

Section 26-2A-135 - Procedure Concerning Hearing and Order on Original Petition. - (a) Upon receipt of a petition for appointment of a...

Section 26-2A-136 - Permissible Court Orders. - (a) The court shall exercise the authority conferred in this...

Section 26-2A-137 - Protective Arrangements and Single Transactions Authorized. - (a) If it is established in a proper proceeding that...

Section 26-2A-138 - Who May Be Appointed Conservator; Priorities. - (a) The court may appoint an individual or a corporation...

Section 26-2A-139 - Bond. - (a) The court must require a conservator to furnish a...

Section 26-2A-140 - Terms and Requirements of Bonds. - (a) The following requirements and provisions apply to any bond...

Section 26-2A-141 - Effect of Acceptance of Appointment. - By accepting appointment, a conservator submits personally to the jurisdiction...

Section 26-2A-142 - Compensation; Reimbursement; Court Costs. - (a) If not otherwise reasonably compensated for services rendered, any...

Section 26-2A-143 - Death, Resignation, or Removal of Conservator. - The court, on petition or on its own motion, may...

Section 26-2A-144 - Petitions for Orders Subsequent to Appointment. - (a) Any person interested in the welfare of a person...

Section 26-2A-145 - Conservator's Standard of Care and Performance. - A conservator, in relation to powers conferred by this division,...

Section 26-2A-146 - Inventory and Records. - (a) Within 90 days after appointment, each conservator shall prepare...

Section 26-2A-147 - Accounts. - Each conservator shall account to the court for administration of...

Section 26-2A-148 - Conservators; Title by Appointment. - (a) The appointment of a conservator vests in the conservator...

Section 26-2A-149 - Recording of Conservator's Letters. - (a) Except for property unaffected by the appointment of a...

Section 26-2A-150 - Sale, Encumbrance, or Transaction Involving Conflict of Interest; Voidable; Exceptions. - Any sale or encumbrance to or purchase from a conservator,...

Section 26-2A-151 - Persons Dealing With Conservators; Protection. - (a) A person who in good faith either assists or...

Section 26-2A-152 - Powers of Conservator in Administration. - (a) Subject to limitation provided in Section 26-2A-154, a conservator...

Section 26-2A-153 - Distributive Duties and Powers of Conservator. - (a) A conservator may expend or distribute income or principal...

Section 26-2A-154 - Enlargement or Limitation of Powers of Conservator. - Subject to the restrictions in Section 26-2A-136(c), a court having...

Section 26-2A-155 - Preservation of Estate Plan; Right to Examine. - In (i) investing the estate, (ii) selecting assets of the...

Section 26-2A-156 - Claims Against Protected Person; Enforcement. - (a) A conservator may pay or secure from the estate...

Section 26-2A-157 - Personal Liability of Conservator. - (a) Unless otherwise provided in the contract, a conservator is...

Section 26-2A-158 - Termination of Proceedings. - (a) The protected person, conservator, or any other interested person...

Section 26-2A-159 - Payment of Debt and Delivery of Property to Foreign Conservator Without Local Proceedings. - (a) Any person indebted to a protected person or having...

Section 26-2A-160 - Foreign Conservator; Proof of Authority; Bond; Powers. - If a conservator has not been appointed in this state...

Chapter 2B - Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

Article 1 - General Provisions.

Section 26-2B-101 - Short Title. - This chapter may be cited as the Alabama Uniform Adult...

Section 26-2B-102 - Definitions. - In this chapter, the following terms shall have the following...

Section 26-2B-103 - International Application of Act. - (a) A court of this state, by written order, may...

Section 26-2B-104 - Communication Between Courts. - (a) A court of this state may communicate with a...

Section 26-2B-105 - Cooperation Between Courts. - (a) In a guardianship or protective proceeding in this state,...

Section 26-2B-106 - Taking Testimony in Another State. - (a) In a guardianship or protective proceeding, in addition to...

Article 2 - Jurisdiction.

Section 26-2B-201 - Definitions; Significant Connection Factors. - (a) In this article, the following terms shall have the...

Section 26-2B-202 - Exclusive Basis. - This article provides the exclusive jurisdictional basis for a court...

Section 26-2B-203 - Jurisdiction. - (a) A court of this state has jurisdiction to appoint...

Section 26-2B-204 - Special Jurisdiction. - (a) A court of this state lacking jurisdiction under Section...

Section 26-2B-205 - Exclusive and Continuing Jurisdiction. - Except as otherwise provided in Section 26-2B-204, a court that...

Section 26-2B-206 - Appropriate Forum. - (a) A court of this state having jurisdiction under Section...

Section 26-2B-207 - Jurisdiction Declined by Reason of Conduct. - (a)If at any time a court of this state determines...

Section 26-2B-208 - Notice of Proceeding. - If a petition for the appointment of a guardian or...

Section 26-2B-209 - Proceedings in More Than One State. - Except for a petition for the appointment of a guardian...

Section 26-2B-210 - Information to Be Submitted to Court. - (a) Except as otherwise provided in this section, each party,...

Article 3 - Transfer of Guardianship or Conservatorship.

Section 26-2B-301 - Transfer of Guardianship or Conservatorship to Another State. - (a) A guardian or conservator appointed in this state may...

Section 26-2B-302 - Accepting Guardianship or Conservatorship Transferred From Another State. - (a) To confirm transfer of a guardianship or conservatorship transferred...

Article 4 - Recording and Recognition of Orders From Other States.

Section 26-2B-401 - Recording of Guardianship Orders. - If a guardian has been appointed in another state and...

Section 26-2B-402 - Recording of Protective Orders. - If a conservator has been appointed in another state and...

Section 26-2B-403 - Effect of Recording. - (a) Upon the recording of a guardianship or protective order...

Article 5 - Miscellaneous Provisions.

Section 26-2B-501 - Uniformity of Application and Construction. - In applying and construing this uniform act, consideration must be...

Section 26-2B-502 - Relation to Electronic Signatures in Global and National Commerce Act. - This chapter modifies, limits, and supersedes the federal Electronic Signatures...

Section 26-2B-503 - Rule of Construction. - Nothing in this chapter shall be construed as repealing any...

Chapter 3 - Bonds of Guardians.

Section 26-3-1 - Generally. - Before the issue of letters of conservatorship, other than letters...

Section 26-3-3 - Relief of Testamentary Conservator of Minor From Requirement of Giving Bond and Effect Thereof. - A testator may by his or her last will relieve...

Section 26-3-4 - Requirement by Probate Court of Bond From Testamentary Conservator of Minor; Effect of Failure to Give Bond. - Before the issue of letters of conservatorship to a testamentary...

Section 26-3-5 - General Conservator for County. - The general conservator of the county must give bond, with...

Section 26-3-7 - Requirement of New or Additional Bond From Conservator; Effect of Failure to Give Same. - The judge of probate shall have authority and it shall...

Section 26-3-8 - Giving of New Bond by Conservator Upon Application for Discharge From Liability of Surety - Required; Effect of Failure to Give Bond. - Upon the application in writing of any surety or sureties...

Section 26-3-9 - Giving of New Bond by Conservator Upon Application for Discharge From Liability of Surety - Effect of Giving of New Bond Upon Liability of Surety. - When a new bond is given under Section 26-3-8, the...

Section 26-3-10 - Bonds of Certain Conservators to Have Force and Effect of Statutory Bonds. - The bond of the general conservator of the county or...

Section 26-3-11 - Liability of Sureties Upon Certain Conditionally Executed Bonds. - A surety on the bond of the general conservator of...

Section 26-3-12 - Approval, Filing, and Recordation of Bonds. - All bonds given by conservators must be approved by the...

Section 26-3-13 - Liability of Probate Judge, etc., for Neglect or Omission in Taking Bond. - The judge of probate and the sureties on his or...

Section 26-3-14 - Reduction of Conservator's Bond Upon Partial Settlement of Estate. - Upon the filing of any partial settlement by the conservator...

Chapter 5 - Settlements of Accounts of Conservators.

Article 1 - In General.

Section 26-5-1 - Jurisdiction. - The court of probate from which the appointment of a...

Section 26-5-2 - Partial Settlement - When Required; Filing of Account and Vouchers by Conservator; Appointment of Guardian Ad Litem for Ward. - If not otherwise directed, the conservator must, at least once...

Section 26-5-3 - Partial Settlement - Establishment of Day for Settlement; Notice Thereof. - The court must also appoint a day for the settlement,...

Section 26-5-4 - Partial Settlement - Examination of Vouchers and Auditing and Stating of Account; Taxing of Costs for Contest or Examination Where Vouchers or Items Rejected. - On the day appointed or on any other day to...

Section 26-5-5 - Partial Settlement - Rendition and Recordation of Decree as to Vouchers and Account; Recordation of Account and Vouchers. - After the examination of the vouchers, and the audit and...

Section 26-5-6 - Partial Settlement - Presumption as to Correctness Upon Final Settlement; Reexamination, etc., of Items of Account. - Upon the final settlement, a partial settlement must be taken...

Section 26-5-7 - Final Settlement Generally - When Required. - On the death, resignation, or removal of the conservator or...

Section 26-5-8 - Final Settlement Generally - Filing of Account and Vouchers by Conservator; Appointment of Guardian Ad Litem for Ward. - The conservator, or his or her personal representative, must file...

Section 26-5-9 - Final Settlement Generally - Establishment of Day for Settlement; Notice Thereof. - The court must appoint a day for the settlement, of...

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. - On the day appointed or on any other day to...

Section 26-5-11 - Final Settlement Generally - Rendition and Recordation of Decree as to Vouchers and Account; Recordation of Account and Vouchers. - After the examination of the vouchers and the audit and...

Section 26-5-12 - Final Consent Settlement Between Conservator and Ward. - A conservator appointed by any court of this state for...

Section 26-5-13 - Determination, Allowance, etc., of Conservator's and Attorney's Fees Generally - Annual, Partial, or Final Settlements Generally. - Upon any annual, partial, or final settlement made by any...

Section 26-5-14 - Determination, Allowance, etc., of Conservator's and Attorney's Fees Generally - Final Settlements. - In the allowance of fees to conservators and their attorneys...

Section 26-5-15 - Notice of Filing of Annual, Partial, or Final Settlement; Finality of Orders or Decrees of Court as to Such Settlement, etc., Generally; Reopening of Accounts. - Whenever any conservator shall file any annual, partial, or final...

Section 26-5-16 - Compensation of Conservator - Commissions Generally; Allowances for Actual Expenses and for Special or Extraordinary Services Rendered; Premiums on Bond. - A conservator is entitled for his or her services to...

Section 26-5-18 - Enforcement of Orders or Decrees of Probate Court Against Conservator, Etc. - The court of probate may, by attachment, compel a conservator...

Article 2 - Compulsion of Settlement by Probate Court.

Section 26-5-30 - Partial Settlement Generally - Authorization and Procedure Generally. - The court of probate may, at any time it is...

Section 26-5-31 - Partial Settlement Generally - Application of Ward, etc., for Partial Settlement; Issuance of Process to Conservator as to Hearing Thereupon; Dismissal of Application. - On the application of the ward by next friend or...

Section 26-5-32 - Partial Settlement Generally - Issuance of Process Requiring Conservator to Make Partial Settlement; Taxing of Costs. - If a conservator fails to make a partial settlement as...

Section 26-5-33 - Final Settlement Generally - Authorization and Procedure Generally for Compulsion of Settlement by Conservator. - On the termination of a conservatorship by the arrival of...

Section 26-5-34 - Final Settlement Generally - Authorization and Procedure Generally for Compulsion of Settlement by Personal Representative of Conservator. - On the death of a conservator, at any time after...

Section 26-5-35 - Proceedings Upon Failure of Conservator to Obey Process to Appear and File Accounts and Vouchers. - If a conservator fails to obey any process requiring him...

Section 26-5-36 - Statement of Account by Court Upon Failure of Conservator or Personal Representative to File Accounts and Vouchers After Notice. - If a conservator, after notice, fails to file his or...

Section 26-5-38 - Proceedings Upon Appearance; Filing of Accounts and Vouchers, etc., by Conservator or Personal Representative on Appointed Day. - If, on or before the day so appointed, the conservator,...

Section 26-5-39 - Proceedings Upon Failure of Conservator or Personal Representative to Appear and File Accounts and Vouchers on Appointed Day. - If such conservator or personal representative fails to appear and...

Article 3 - Settlement Upon Death of Conservator.

Section 26-5-50 - Filing of Account and Vouchers for Final Settlement With Succeeding Conservator, etc., by Sureties on Bond of Conservator. - In case of the death of a conservator who has...

Section 26-5-51 - Personal Representative of Conservator May Be Made Party to Settlement Proceedings. - Should a personal representative of such deceased conservator be appointed...

Section 26-5-52 - Succeeding Conservator, etc., May Secure Order Requiring Sureties to Make Settlement in Probate Court. - In any case where a conservator shall die without having...

Section 26-5-53 - Settlement Conclusive. - In all such cases provided for in Section 26-5-52, the...

Section 26-5-54 - Issuance of Execution, etc., Against Sureties. - Execution and all other final process may issue against the...

Chapter 8 - Removal of Person or Property of Minors and Wards.

Article 1 - General Provisions.

Section 26-8-1 - Applicability of Chapter. - The provisions of this chapter are applicable to minors and...

Article 2 - Removal to Another County.

Section 26-8-20 - Authorization Generally. - The court of probate or circuit court from which letters...

Section 26-8-21 - Application for Removal and Notice of Hearing Thereon; Appointment of Guardian Ad Litem. - Authority for such removal may be obtained on the application...

Section 26-8-22 - Hearing; Entry of Order Authorizing Removal or Dismissal of Application and Taxing of Costs Against Applicant. - If, on the hearing, the court is satisfied that the...

Section 26-8-23 - Preparation, Certification, and Filing of Record of Proceedings; Grant of Guardianship or Conservatorship and Filing of Transcript Thereof; Removal; Powers of Guardian or Conservator as to Recovery, Receipt, etc., of Property of Min... - If the removal authorized is of the person and property...

Section 26-8-24 - Settlement of Conservatorship of Former Conservator and Certification of Transcript Thereof to Probate Court of County to Which Removal Authorized. - On the filing of such transcript, the court must require...

Section 26-8-25 - Jurisdiction of Guardianship Not Affected Where Removal of Property Only Authorized. - If the removal authorized is of the property only of...

Article 3 - Removal to Another State.

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. - When the parent, guardian, or other person having legal custody...

Section 26-8-41 - Removal of Property of Minor or Ward Whose Parent, etc., Resides Without State or Removes Minor or Ward From State - Application, etc., for Order of Removal. - The application for the order of removal must be made...

Section 26-8-42 - Removal of Property of Minor or Ward Whose Parent, etc., Resides Without State or Removes Minor or Ward From State - Entry of Order of Removal. - The court, if satisfied of the truth of the application...

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. - If such minor or ward has a conservator in this...

Section 26-8-44 - Removal of Property or Money When Minor or Ward and Conservator Nonresidents - Authorization Generally. - When the conservator and the minor or ward are both...

Section 26-8-45 - Removal of Property or Money When Minor or Ward and Conservator Nonresidents - When Removal of Person and Estate of Minor or Ward Permitted. - The guardian may remove the person or the conservator may...

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 Or... - The conservator must produce a transcript from the records of...

Section 26-8-47 - Removal of Property or Money When Minor or Ward and Conservator Nonresidents - Discharge of Resident Administrator, Etc. - Such order is a discharge of the executor, administrator, or...

Section 26-8-48 - Sale of Property to Effect Removal Thereof From State - Authorization. - When the property of a minor or incapacitated person is...

Section 26-8-49 - Sale of Property to Effect Removal Thereof From State - Application for Order of Sale. - The application for such order of sale must be in...

Section 26-8-50 - Sale of Property to Effect Removal Thereof From State - Proceedings Under Application; Appointment, Powers, etc., of Commissioner for Conduct of Sale. - The court, in the order of sale, must appoint a...

Section 26-8-51 - Sale of Property to Effect Removal Thereof From State - Disposition of Proceeds From Sale; Compensation of Commissioner. - The commissioner must, as soon as practicable after the receipt...

Section 26-8-52 - Foreign Conservator to Execute and Deliver Receipts for Money or Property Removed From State. - When a foreign conservator receives any money or property to...

Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents.

Section 26-9-1 - Short Title. - This chapter may be cited as the Uniform Veterans' Guardianship...

Section 26-9-2 - Definitions. - When used in this chapter, the following words and phrases...

Section 26-9-3 - When Guardian to Be Appointed for Ward. - Whenever, pursuant to any law of the United States or...

Section 26-9-4 - Limitations as to Appointment of Guardians. - Except as provided in this chapter, it shall be unlawful...

Section 26-9-5 - Procedure for Appointment of Guardian - Filing of Petition; Contents Thereof. - A petition for the appointment of a guardian may be...

Section 26-9-6 - Procedure for Appointment of Guardian - Certification as to Age, etc., of Minor Ward. - Where a petition is filed for the appointment of a...

Section 26-9-7 - Procedure for Appointment of Guardian - Certification as to Incompetence, etc., of Mentally Incompetent Ward. - Where a petition is filed for the appointment of a...

Section 26-9-8 - Procedure for Appointment of Guardian - Notice of Filing of Petition. - Upon the filing of a petition for the appointment of...

Section 26-9-9 - Procedure for Appointment of Guardian - Appointment of Guardian; Execution and Filing of Bonds by Guardian; Filing of Certificate by Personal Sureties. - Before making an appointment under the provisions of this chapter...

Section 26-9-10 - Investment of Funds of Estate by Guardian; Limitation as to Loans of Funds of Ward. - (a) Every guardian shall invest the funds of the estate...

Section 26-9-11 - Application of Estate for Support and Maintenance of Person Other Than Ward. - A guardian shall not apply any portion of the estate...

Section 26-9-12 - Furnishing of Copy of Public Record Used to Determine Eligibility for Benefits to Applicant for Benefits. - Whenever a copy of any public record is required by...

Section 26-9-13 - Commitment of Incompetent Veteran to Veterans' Hospital. - Whenever it appears that an incompetent veteran of any war,...

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. - Every guardian who shall receive on account of his or...

Section 26-9-15 - Removal of Guardian for Failure to File Account of Moneys Received for Ward, Etc. - If any guardian shall fail to file any account of...

Section 26-9-16 - Discharge of Guardian. - When a minor ward for whom a guardian has been...

Section 26-9-17 - Compensation of Guardian Generally. - Compensation payable to a guardian shall not exceed five percent...

Section 26-9-18 - Taxing of Costs and Fees of Guardian. - The costs and fees, exclusive of fees of the guardian...

Section 26-9-19 - Construction and Applicability of Chapter. - (a) This chapter shall be construed liberally to secure the...

Chapter 10 - Adoption of Children.

Article 1 - General Provisions.

Section 26-10-4.1 - Fee for Investigation Services Involving Adoption; Disposition of Moneys Received. - (a) The State Department of Human Resources shall charge and...

Article 2 - Subsidized Adoption.

Section 26-10-20 - Short Title. - This article should be known and may be cited as...

Section 26-10-21 - Purpose of Article. - The purpose of this article is to supplement the Alabama...

Section 26-10-22 - Definitions. - As used in this article, the following words shall have...

Section 26-10-23 - Administration of Subsidization Program; Provision for Funds. - The State Department of Human Resources shall establish and administer...

Section 26-10-24 - Certification for Subsidy; Procedures; Approval of Plan. - (a) Except in cases involving foster parents, where the department...

Section 26-10-25 - Subsidies - Agreements; Type; Amount; Duration; Limitation. - When parents are found and approved for adoption of a...

Section 26-10-26 - Subsidies - Report; Modification of Subsidy; Review; Duration of Subsidy. - (a)(1) The department may require the adoptive parent or parents...

Section 26-10-27 - Effect of Nonresidence of Adopting Parents. - A child who is a resident of Alabama when eligibility...

Section 26-10-28 - Records Confidential. - All records regarding subsidized adoption shall be confidential and may...

Section 26-10-29 - Review of Subsidy Decision; Appeal. - (a) Any subsidy decision by the State Department of Human...

Section 26-10-30 - Promulgation of Regulations. - The State Department of Human Resources shall promulgate regulations consistent...

Chapter 10A - Alabama Adoption Code.

Section 26-10A-1 - Short Title. - This chapter shall be known as and may be cited...

Section 26-10A-2 - Definitions. - The following words and phrases shall have the following meaning...

Section 26-10A-3 - Jurisdiction. - The probate court shall have original jurisdiction over proceedings brought...

Section 26-10A-4 - Venue. - All petitions may be filed in the probate court in...

Section 26-10A-5 - Who May Adopt. - (a) Any adult person or husband and wife jointly who...

Section 26-10A-6 - Who May Be Adopted. - The following persons may be adopted: (1) A minor. (2)...

Section 26-10A-7 - Persons Whose Consents or Relinquishment Are Required. - (a) Consent to the petitioner's adoption or relinquishment for adoption...

Section 26-10A-8 - Consent or Relinquishment by a Minor Parent. - (a) Prior to a minor parent giving consent a guardian...

Section 26-10A-9 - Implied Consent or Relinquishment. - (a) A consent or relinquishment required by Section 26-10A-7 may...

Section 26-10A-10 - Persons Whose Consents or Relinquishments Are Not Required. - Notwithstanding the provisions of Section 26-10A-7, the consent or relinquishment...

Section 26-10A-11 - Consent or Relinquishment. - (a) A consent or relinquishment shall be in writing, signed...

Section 26-10A-12 - Persons Who May Take Consent or Relinquishments; Forms. - (a) A consent of the natural mother taken prior to...

Section 26-10A-13 - Time of Consent or Relinquishment; Filing With Court. - (a) A consent or relinquishment may be taken at any...

Section 26-10A-14 - Withdrawal of Consent or Relinquishment. - (a) The consent or relinquishment, once signed or confirmed, may...

Section 26-10A-15 - Surrender of Custody of Minor Under Age of Majority. - (a) No health facility shall surrender the physical custody of...

Section 26-10A-16 - Petition. - (a) A petition for adoption shall be filed with the...

Section 26-10A-17 - Notice of Petition. - (a) Unless service has been previously waived, notice of pendency...

Section 26-10A-18 - Custody Pending Final Decree. - Once a petitioner has received the adoptee into his or...

Section 26-10A-19 - Investigation. - (a) A pre-placement investigation shall be made to determine the...

Section 26-10A-20 - Removal of Adoptee From County. - After the petitioner has received the adoptee into his or...

Section 26-10A-21 - Related Proceedings. - If, at any time during the pendency of the adoption...

Section 26-10A-22 - Attorney Participation and Appointment of Attorney for the Adoptee or Other Party. - (a) In making adoption arrangements, potential adopting parents and birth...

Section 26-10A-23 - Fees and Charges. - (a) No person, organization, group, agency, or any legal entity...

Section 26-10A-24 - Contested Hearing. - (a) Whenever a motion contesting the adoption is filed, the...

Section 26-10A-25 - Final Decree; Dispositional Hearing. - (a) When the pre-placement investigation has been completed and approved...

Section 26-10A-26 - Appeals. - (a) Appeals from any final decree of adoption shall be...

Section 26-10A-27 - Stepparent Adoptions. - Any person may adopt his or her spouse's child according...

Section 26-10A-28 - Adoption by Other Relatives. - A grandfather, a grandmother, great-grandfather, great-grandmother, great-uncle, great-aunt, a brother,...

Section 26-10A-29 - Name and Status of Adoptee. - (a) The adoptee shall take the name designated by the...

Section 26-10A-30 - Grandparent Visitation. - Post-adoption visitation rights for the natural grandparents of the adoptee...

Section 26-10A-31 - Confidentiality of Records, Hearing; Parties. - (a) After the petition is filed and prior to the...

Section 26-10A-32 - Birth Certificates. - (a) Within 10 days of the final decree being entered...

Section 26-10A-33 - Crime to Place Children for Adoption. - Only a parent, a parent of a deceased parent, or...

Section 26-10A-34 - Payments to Parent for Placing Minor for Adoption; Maternity Expenses; Receipt of Financial Benefits by Father. - (a) It shall be a Class A misdemeanor for any...

Section 26-10A-35 - Bringing Child Into State for Adoption Purposes. - Children may be brought into Alabama for purposes of adoption...

Section 26-10A-36 - Advertisement as to Adoption by Persons, Organizations, etc., Not Licensed by Department of Human Resources. - It shall be unlawful for any person or persons, organizations,...

Section 26-10A-37 - Rules of Procedure and Rules of Evidence. - The Rules of Civil Procedure and the Rules of Evidence...

Section 26-10A-38 - Application to Existing Adoptions. - Final orders of adoptions entered prior to January 1, 1991,...

Chapter 10B - Interstate Adoption Assistance Compacts.

Section 26-10B-1 - Legislative Findings. - The Legislature finds that: (1) Finding adoptive families for children,...

Section 26-10B-2 - Purpose. - The purpose of this chapter is to authorize the State...

Section 26-10B-3 - Definitions. - As used in this chapter, the following terms shall have...

Section 26-10B-4 - Department of Human Resources Authorized to Enter Into Interstate Compacts. - The State Department of Human Resources, by and through its...

Section 26-10B-5 - Provisions Required to Be Included in Compact. - A compact entered into pursuant to the authority conferred by...

Section 26-10B-6 - Provisions Which May Be Included in Compact. - A compact entered into pursuant to the authority conferred by...

Section 26-10B-7 - Medical Assistance; Applicability. - (a) A child with special needs residing in this state...

Section 26-10B-8 - Department to Provide Coverage and Benefits Not Provided by Residence State; Procedure for Reimbursement. - The State Department of Human Resources shall provide coverage and...

Section 26-10B-9 - Penalty for False, Misleading, or Fraudulent Claim or Statement. - The submission of any claim for payment or reimbursement for...

Section 26-10B-10 - Provision Required to Be Included in State Plan Made Pursuant to Federal Laws. - Consistent with federal law, the State Department of Human Resources...

Chapter 10C - Putative Father Registry.

Section 26-10C-1 - Registration of Putative Fathers; Notice of Intent to Claim Paternity; Release of Information. - (a) The Department of Human Resources shall establish a putative...

Section 26-10C-2 - Effect of Chapter on Preexisting Rights, Obligations, Etc. - This chapter shall not be construed to alter, impair, defeat,...

Chapter 10D - Alabama Child Placing Agency Inclusion Act

Section 26-10D-1 - Short Title. - This chapter may be cited as the Alabama Child Placing...

Section 26-10D-2 - Legislative Findings. - The Legislature finds all of the following: (1) Alabama provides...

Section 26-10D-3 - Definitions. - For the purposes of this chapter, the following terms shall...

Section 26-10D-4 - Purposes. - The purposes of this chapter are as follows: (1) To...

Section 26-10D-5 - State Prohibited From Discriminating Against Child Care Service Providers Under Certain Conditions. - (a) The state may not refuse to license or otherwise...

Section 26-10D-6 - Minimum Standards for Child Placing Agencies Required. - Child placing agencies shall otherwise meet the Minimum Standards for...

Section 26-10D-7 - Remedies. - A child placing agency injured by a violation of subsection...

Chapter 11 - Legitimation of Children.

Section 26-11-1 - Legitimation by Marriage of Parents and Recognition of Child by Father. - The marriage of the mother and reputed father of a...

Section 26-11-2 - Procedure for Legitimation by Written Declaration of Father Generally; Notification of Mother; Filing of Response; Appointment of Guardian Ad Litem; Hearing; Issuance of Order by Court; Certification of Minutes of Court to Office of... - (a) A father of a bastard child may seek to...

Section 26-11-3 - Procedure for Change of Name of Child Upon Petition by Father Generally; Notification of Mother and Child; Filing of Response; Appointment of Guardian Ad Litem; Hearing; Issuance of Order by Court; Certification of Minutes of Court... - (a) The father may petition at the time of filing...

Chapter 13 - Relief of Minor Children From Disabilities of Nonage.

Section 26-13-1 - When Authorized; Procedure Generally. - The several juvenile courts of the state are authorized to...

Section 26-13-2 - Filing of Petition. - The petition must be filed in the county in which...

Section 26-13-3 - Notice of Filing of Petition. - Whenever the petition is filed by the minor and the...

Section 26-13-4 - Contests of Petition; Receipt of Evidence as to Petition. - Upon the hearing of such petition, any person may contest...

Section 26-13-5 - Entry of Judgment Relieving Minor From Disabilities of Nonage and Effect Thereof Generally. - If on the hearing of the evidence adduced and upon...

Section 26-13-6 - Restriction of Rights of Minor by Judgment of Court. - The court, in its judgment, may, if it deems it...

Section 26-13-7 - Filing of Copy of Judgment With Probate Court; Recordation, etc., of Judgment by Probate Judge. - Every minor relieved of the disabilities of nonage under the...

Section 26-13-8 - Recordation of Foreign Judgments Relieving Minors of Disabilities of Nonage and Effect Thereof. - A copy of a judgment entered by a court of...

Chapter 14 - Reporting of Child Abuse or Neglect.

Section 26-14-1 - Definitions. - For the purposes of this chapter, the following terms shall...

Section 26-14-2 - Purpose of Chapter. - In order to protect children whose health and welfare may...

Section 26-14-3 - Mandatory Reporting. - (a) All hospitals, clinics, sanitariums, doctors, physicians, surgeons, medical examiners,...

Section 26-14-4 - Permissive Reporting. - In addition to those persons, firms, corporations, and officials required...

Section 26-14-5 - Contents of Reports. - The reports provided for in this chapter shall state, if...

Section 26-14-6 - Temporary Protective Custody. - A police officer, a law enforcement official, or a designated...

Section 26-14-6.1 - Duties and Responsibilities for Investigation of Reports. - The duty and responsibility for the investigation of reports of...

Section 26-14-7 - Duties of Department of Human Resources. - (a) The State or County Department of Human Resources shall...

Section 26-14-7.1 - Due Process Rights for Persons Under Investigation by Department. - Any person who comes under investigation by the Department of...

Section 26-14-7.2 - Child Denied Medical Treatment Due to Parents' Religious Beliefs. - (a) When an investigation of child abuse or neglect by...

Section 26-14-8 - Statewide Central Registry. - (a) For the purposes of this section, the following words...

Section 26-14-9 - Immunity From Liability for Actions Under Chapter. - Any person, firm, corporation, or official, including members of a...

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...

Section 26-14-11 - Appointment of Attorney to Represent Child. - In every case involving an abused or neglected child which...

Section 26-14-12 - Establishment of Regulations by Department of Human Resources. - The State Department of Human Resources may establish such regulations...

Section 26-14-13 - Penalty for Failure to Make Required Report. - Any person who shall knowingly fail to make the report...

Chapter 15 - Child Abuse Generally.

Section 26-15-1 - Short Title. - This chapter shall be known and may be cited as...

Section 26-15-2 - Definitions. - As used in this chapter, the following terms shall have...

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...

Section 26-15-3.1 - Aggravated Child Abuse. - (a)(1) A responsible person, as defined in Section 26-15-2, commits...

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...

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...

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,...

Chapter 16 - Child Abuse and Neglect.

Article 1 - Child Abuse and Neglect Prevention.

Section 26-16-1 - Short Title. - This article shall be known and may be cited as...

Section 26-16-2 - Definitions. - As used in this article, the following words and phrases...

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...

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...

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...

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...

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:...

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...

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...

Section 26-16-9 - Child Abuse and Neglect Prevention Board - Disbursement Generally. - (a) The state board may authorize the disbursement of available...

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...

Section 26-16-11 - Child Abuse and Neglect Prevention Board - Promulgation of Rules. - Not later than two years after August 8, 1983, the...

Section 26-16-12 - Review of Board Conducted Every Five Years. - A thorough, independent review of the functions, responsibilities, and performance...

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...

Article 2 - Children's Trust Fund.

Section 26-16-30 - Creation of Fund; Purpose; Investment; Disposition. - (a) The Children's Trust Fund is created as a separate...

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...

Section 26-16-32 - State Income Tax Refund Designation Program - Disposition of Contributions. - (a) Each year that the refund designation program established in...

Section 26-16-33 - General Repealer; Construction of Article. - All laws or parts of laws which conflict with this...

Article 3 - Multi-Disciplinary Child Protection 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...

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...

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...

Section 26-16-53 - Existing Child Abuse Prevention Teams Preserved and Exempted From Article. - Child abuse prevention teams in existence as of October 1,...

Article 4 - Alabama Network of Children's Advocacy Centers.

Section 26-16-70 - Membership; Eligibility. - (a) For purposes of this section, the following terms have...

Section 26-16-71 - Allocation of Funds to Eligible Centers. - (a) For the purposes of this section, the following terms...

Section 26-16-72 - Initial Funding; Failure to Meet Standards. - Any new child advocacy center within the State of Alabama...

Section 26-16-73 - Allocation of Funds by Network Board of Directors. - The network board of directors shall be responsible for allocating...

Article 5 - Child Death Review Teams.

Section 26-16-90 - Legislative Findings. - The Legislature finds and declares that: Every child is entitled...

Section 26-16-91 - Definitions. - The following words and phrases have the following meanings unless...

Section 26-16-92 - State Policy. - It is the policy of this state that responding to...

Section 26-16-93 - State Child Death Review Team - Created. - (a) There is hereby created the State Child Death Review...

Section 26-16-94 - State Child Death Review Team - Purpose; Duties. - The purpose of the state team is to decrease the...

Section 26-16-95 - Liability of Team Members. - State and local team members shall be immune from any...

Section 26-16-96 - Local Child Death Review Teams. - (a) There are hereby created local child death review teams....

Section 26-16-97 - Meetings; Disclosure of Information; Violation; Penalties. - (a) Meetings of the state team and of local teams...

Section 26-16-98 - Confidentiality of Information and Records. - (a) All information and records acquired by the state team...

Section 26-16-99 - Duties of Coroner/medical Examiner. - The duties of the coroner/medical examiner shall include the following:...

Article 6 - Sudden Unexplained Infant Death Investigation Act.

Section 26-16-110 - Short Title. - This article shall be known and may be cited as...

Section 26-16-111 - Legislative Findings. - The Legislature finds and declares all the following: (1) Protection...

Section 26-16-112 - Definitions. - For purposes of this arciclet, the following words shall have...

Section 26-16-113 - Alabama Sudden Unexplained Infant Death Investigation Team. - (a) There is established the Alabama Sudden Unexplained Infant Death...

Section 26-16-114 - Investigations; Training; Protocol and Reporting Forms. - (a) An investigation shall be performed utilizing protocol and forms...

Section 26-16-115 - Duties of County Coroner or Medical Examiner. - (a) In every case of SUID, the county coroner or...

Chapter 17 - Alabama Uniform Parentage Act.

Section 26-17-1 - Short Title. - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Section 26-17-2 - Parent and Child Relationship - Defined. - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Section 26-17-3 - Parent and Child Relationship - Relationship Not Dependent Upon Marriage. - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Section 26-17-4 - Parent and Child Relationship - How Established. - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Section 26-17-5 - Presumption of Paternity; Rebuttal. - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Section 26-17-6 - Action to Determine Father and Child Relationship. - Repealed by Act 2008-376, §1, effective January 1, 2009.

Section 26-17-7 - Style of Proceedings; Prosecution of Proceedings. - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Section 26-17-8 - Limitation on Liability for Education and Support; When Action for Purposes of Support May Be Brought; Rights of Inheritance and Succession. - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Section 26-17-9 - Nature of Actions; Rules of Procedure; Who May Testify; Other Evidence; Joinder; Pleadings; Enforcement of Support Under Criminal Code. - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Section 26-17-10 - Jurisdiction; Venue; Where Complaint Filed; Process; Conduct of Hearing; Jury. - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Section 26-17-11 - Parties; Representation of Minor Child; Aligning Parties. - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Section 26-17-12 - Genetic Tests; Selection and Compensation of Experts; Admissibility. - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Section 26-17-13 - Evidence Relating to Paternity; Refusal to Testify; Immunity; Evidence of Intercourse With Other Men; Medical and Health Care Bills. - Repealed by Act 2008-376, §1, effective January 1, 2009.

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 Suppo... - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Section 26-17-15 - Orders - Enforcement. - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Section 26-17-16 - Promise to Render Support; Stipulations Barring Paternity Action. - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Section 26-17-17 - Right to Counsel; Representation of Minors; Fees, Expenses, and Costs. - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Section 26-17-18 - Action to Declare Mother and Child Relationship. - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Section 26-17-19 - Issuance and Contents of New Birth Certificate; Confidentiality of Evidence and Original Birth Certificate. - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Section 26-17-20 - Appeals. - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Section 26-17-21 - Artificial Insemination. - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Section 26-17-22 - Hospital Paternity Acknowledgement Program. - Repealed by Act 2008-376, p. 666, §1, effective January 1,...

Article 1 - General Provisions.

Section 26-17-101 - Short Title. - This chapter may be cited as the Alabama Uniform Parentage...

Section 26-17-102 - Definitions. - In this chapter: (1) "Acknowledged father" means a man who...

Section 26-17-103 - Scope of Chapter; Choice of Law. - (a) This chapter applies to determination of parentage in this...

Section 26-17-104 - Court of This State. - A circuit or district court of this state or any...

Section 26-17-105 - Protection of Participants. - Proceedings under this chapter are subject to other law of...

Section 26-17-106 - Determination of Maternity. - Provisions of this chapter relating to determinations of paternity apply...

Article 2 - Parent-Child Relationship.

Section 26-17-201 - Establishment of Parent-Child Relationship. - (a) The mother-child relationship may be established between a woman...

Section 26-17-202 - No Discrimination Based on Marital Status. - A child born to parents who are not married to...

Section 26-17-203 - Consequences of Establishment of Parentage. - Unless parental rights are terminated, a parent-child relationship established under...

Section 26-17-204 - Presumption of Paternity. - (a) A man is presumed to be the father of...

Article 3 - Voluntary Acknowledgment of Paternity.

Section 26-17-301 - Acknowledgment of Paternity. - The mother of a child and a man claiming to...

Section 26-17-302 - Execution of Acknowledgment of Paternity. - (a) An acknowledgment of paternity must: (1) be in a...

Section 26-17-304 - Rules for Acknowledgment of Paternity. - (a) An acknowledgment of paternity may be signed at the...

Section 26-17-305 - Effect of Acknowledgment of Paternity. - (a) Except as otherwise provided in Sections 26-17-307 and 26-17-308,...

Section 26-17-306 - No Filing Fee. - The Alabama Office of Vital Statistics shall not charge for...

Section 26-17-307 - Proceeding for Rescission. - A signatory may rescind an acknowledgment of paternity only in...

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Code of Alabama Title 26 - Infants and Incompetents.

Code of Alabama
Title 26 - Infants and Incompetents.