SB2 Alabama 2016 Session

Summary

Primary Sponsor

Paul Bussman

Republican

Session

Regular Session 2016

Title

Human Resources Department, children, legal custody, kinship guardianship, dept. not required to consider out-of-state relative if no contact within six months, Sec. 12-15-314 am'd.

Summary

This bill changes Alabama law to limit considering out-of-state relatives for kinship guardianship unless they notify the department within six months of a child being placed in state custody.

What This Bill Does

If a child is placed in the Department of Human Resources' care, the department would not be required to consider relatives who live outside Alabama unless they have notified the department within six months that they want to be considered. The bill details the kinship guardianship process, including what information must be in a written request and the required background checks and proof. If a kinship guardian is appointed, they gain many parent-like rights and duties, but the birth parent retains some rights (such as adoption or name changes), and the arrangement can be modified or revoked if it is in the child's best interests, with permanency lasting until the child is 18 (or 21 with a subsidy).

Who It Affects

• Children placed in the Department of Human Resources' custody, whose potential kinship guardian options may be limited to relatives who are within Alabama or have notified the department within six months.
• Relatives outside Alabama who might want to become kinship guardians, who must notify the department within six months after placement to be considered; otherwise they will not be evaluated for kinship guardianship.

Key Provisions

• Amends Section 12-15-314 to specify that the department is not required to consider an out-of-state relative for kinship guardianship if that relative has not notified the department within six months after placement.
• Requires a written request for appointment of a kinship guardian to be verified and to include specified information about the child, the proposed guardian, and related parties, including background checks and other disclosures.
• Sets conditions for approving a kinship guardian, including either parental consent or appropriate limitations on parental rights, the caregiver’s six-month residence with the child, and lack of a willing/unable parent or guardian.
• Establishes the burden of proof for kinship guardianship as clear and convincing evidence (and beyond reasonable doubt for Indian children under the Indian Child Welfare Act).
• Defines the rights and duties of a kinship guardian, including decision-making authority for care, medical, education, and welfare, while restricting adoption and name-change authority for the guardian, and outlines permanency, possible modification/revocation, and good-faith immunity for those relying on the kinship order.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Human Resources Department