SB95 Alabama 2016 Session

Summary

Primary Sponsor

Dick Brewbaker

Republican

Session

Regular Session 2016

Title

Children, foster care and guardianship, kinship guardian agreements, many of successor guardians, age appropriate activities, adoption of prudent parent standard, limitation of liability, age for court to consider independent living lowered, Secs.12-15-301, 12-15-314, 12-15-315, 38-12-32, 38-12-35, 38-12-36, 38-12-37, 38-12-38, 38-12-40 am'd.

Summary

SB95 creates a kinship guardianship pathway with a new successor guardian option, defines a prudent parent standard and age-appropriate activities, lowers transition services age to 14, and establishes a Kinship Guardianship Subsidy Program to support relatives caring for foster children.

What This Bill Does

The bill allows a kinship guardian to nominate a successor guardian to take over if the guardian dies or cannot act. It defines what counts as age- or developmentally-appropriate activities and sets a reasonable and prudent parent standard to guide caregiver decisions, including liability protections for caregivers acting in good faith. It requires the juvenile court to consider transition services for a child starting at age 14 to help move from foster care to independent living. It creates a Kinship Guardianship Subsidy Program that provides monthly subsidies (up to the foster care rate) and may cover nonrecurring expenses; subsidies depend on eligibility and available funds, and the program includes processes for applying, background checks, and potential retroactive payments after court orders.

Who It Affects

• Children in Alabama foster care and their families: gain a formal path to a permanent arrangement through kinship guardianship and successor guardianship, plus access to transition planning and services starting at age 14.
• Kinship guardians and successor guardians (often relatives or other caregivers): may apply for and receive a kinship guardianship subsidy, must meet eligibility and background-check requirements, and gain defined rights and duties to care for the child, including liability protections when acting under the reasonable and prudent parent standard.

Key Provisions

• Authorizes a successor guardian to be named in a kinship guardianship agreement to care for a child if the kinship guardian dies or becomes incapacitated.
• Defines age or developmentally appropriate activities and establishes a reasonable and prudent parent standard to guide caregiver decisions and determine liability protections for caregivers acting in good faith.
• Requires juvenile court to consider transition services for a child at age 14 (instead of 16) as part of the permanency/transition planning process.
• Creates the Kinship Guardianship Subsidy Program, providing monthly subsidies up to the foster care maintenance rate and allowing nonrecurring expenses, subject to funding and eligibility.
• Sets eligibility and application procedures for subsidies, including background checks on prospective guardians and a process for retroactive subsidy payments after court orders.
• Gives kinship guardians and successor guardians many parental-like rights (education enrollment, medical consent, decisions about care and activities) while clarifying limits (e.g., guardians cannot consent to adoption or name changes; parents retain some rights).
• Subsidy payments are exempt from public benefits resource tests, tax-exempt, and not subject to garnishment or other attachment.

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

Subjects

Children