This chapter shall be known as and may be cited as the '1984 Child Protection Act.'

Upon the court's termination of parental rights and placement of custody of a child with any agency, person or department, any such agency, person or department shall have the authority to place said child for adoption or to consent to said adoption.

The provisions of Sections 26-18-5 and 26-18-7 as amended by Act 98-370, regarding termination of parental rights petitions required to be filed by the Department of Human Resources shall apply to all children coming into foster care after April 22, 1998. In the case of children in foster care on April 22, 1998, the department shall comply with the timetable established by federal law for the processing of such cases.

It is the purpose of this chapter to provide meaningful guidelines to be used by the juvenile court in cases involving the termination of parental rights in such a manner as to protect the welfare of children by providing stability and continuity in their lives, and at the same time to protect the rights of their parents. Appeals from an order terminating parental rights or refusing to terminate parental rights shall have precedence over all other cases in the court to which the appeal is taken.

The following words and phrases shall have the following meaning whenever used in this chapter except where the context clearly indicates a different meaning:

(1) ABANDONMENT. A voluntary and intentional relinquishment of the custody of a child by a parent, or a withholding from the child, without good cause or excuse, by the parent, of his presence, care, love, protection, maintenance or the opportunity for the display of filial affection, or the failure to claim the rights of a parent, or failure to perform the duties of a parent.

(2) CHILD. The individual under the age of 18 years whose custody is in question or as to whom a petition is pending whereby the parental rights of its parents are sought to be terminated.

(3) CHILD-PLACING AGENCY. The same as the term is defined by Section 38-7-2(7).

(4) COURT. The juvenile court or the court exercising jurisdiction over juvenile cases.

(5) DEPARTMENT. The Department of Human Resources of the State of Alabama.

(6) PARENTS. The legal or biological parents of a child, inclusive of a putative father.

(7) PETITION. A petition seeking to terminate any or all of the legal rights of one or more parents with respect to a child.

(8) PETITIONER. The person who files a petition with the court.

Unless otherwise provided herein, proceedings to terminate parental rights shall be governed by Title 12, Chapter 15, Article 3 and by the Alabama Rules of Juvenile Procedure. No complaint or petition shall be filed by any party unless it alleges that the party filing the same or a public or private licensed child-placing agency is able and willing to assume custody of said child, and no such petition shall be granted except upon proof of such allegations.

(a) A petition may be filed by the Department of Human Resources, any public or private licensed child-placing agency or parent, with permission of the court, or any interested party.

(b) In the case of a child who has been in foster care under the responsibility of the department for 15 of the most recent 22 months, or, if a child has been abandoned or the parent has committed murder of another child of that parent, committed voluntary manslaughter of another child of that parent, or has aided, abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter, or has committed a felony assault that has resulted in serious bodily injury, as defined in Section 26-18-7, to the child or to another child of the parent, the department shall file a petition to terminate the parental rights of the parents of the child, or if the petition has been filed by another party, seek to be joined as a party to the petition, and, concurrently, to identify, recruit, process, and approve a qualified family for adoption unless one of the following occurs:

(1) The child is being cared for by a relative.

(2) The department has documented in the case plan, which shall be available for court review, a compelling reason for determining that filing a petition would not be in the best interests of the child.

(3) The department has not provided to the family of the child, consistent with the time period in the department's case plan, such services as the department deems necessary for the safe return of the child to the child's home, if reasonable efforts are required to be made with respect to the child.

(a) This section shall be known and cited as the 'Child Abandonment Act.'

(b) Except as otherwise provided by the Alabama Rules of Juvenile Procedure and this section, service of process shall be made in accordance with the Alabama Rules of Civil Procedure.

(c) The state shall have jurisdiction over an abandoned child and the absent parent or parents, whether they reside within the state or outside of the state, with respect to all issues under this section.

(d) The state agency or private agency having custody of the abandoned child shall make every reasonable effort to determine if the child was intentionally abandoned by the parent or parents.

(e) Within 14 calendar days following the period required under Section 26-18-7, the state agency or private agency having custody of the abandoned child shall petition the juvenile court having jurisdiction over the child to terminate parental rights to the abandoned child.

(f) The state agency or private agency having custody of the abandoned child shall within 90 days complete service of process on the child's parent or parents or, upon failure of service of process, petition the court to order service by publication.

(g) Service of process by publication may be used by a juvenile court having jurisdiction over an abandoned child when all of the following conditions are met:

(1) The court has reached a point in the proceedings concerning an abandoned child where the only remaining proceeding is the final disposition of the case.

(2) The final disposition sought is the termination of parental rights for the purpose of placing the child for adoption.

(3) The child who is the subject of the proceedings was abandoned in the state.

(4) The state agency or private agency having custody of the child has established, by evidence presented to the court of competent jurisdiction, that the absent parent or parents are avoiding service of process or their whereabouts are unknown and cannot be ascertained with reasonable diligence.

(h) Service of process by publication may be ordered by the court if the requirements of subsection (g) are met. Service shall be made by publication in a newspaper of general circulation in the county of the court having jurisdiction and in the county of the last known address of the parent or parents of the abandoned child, at least once a week for four consecutive weeks.

(i) For purposes of this section, 'abandoned child' means a minor abandoned by his or her parents as defined in Sections 26-18-3 and 26-18-7.

(a) If the court finds from clear and convincing evidence, competent, material, and relevant in nature, that the parents of a child are unable or unwilling to discharge their responsibilities to and for the child, or that the conduct or condition of the parents is such as to render them unable to properly care for the child and that such conduct or condition is unlikely to change in the foreseeable future, it may terminate the parental rights of the parents. In determining whether or not the parents are unable or unwilling to discharge their responsibilities to and for the child, the court shall consider, and in cases of voluntary relinquishment of parental rights may consider, but not be limited to, the following:

(1) That the parents have abandoned the child, provided that in such cases, proof shall not be required of reasonable efforts to prevent removal or reunite the child with the parents.

(2) Emotional illness, mental illness or mental deficiency of the parent, or excessive use of alcohol or controlled substances, of such duration or nature as to render the parent unable to care for needs of the child.

(3) That 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 such treatment of a sibling.

(4) Conviction of and imprisonment for a felony.

(5) Unexplained serious physical injury to the child under such circumstances as would indicate that such injuries resulted from the intentional conduct or willful neglect of the parent.

(6) That reasonable efforts by the Department of Human Resources or licensed public or private child care agencies leading toward the rehabilitation of the parents have failed.

(7) That the parent has been convicted by a court of competent jurisdiction of any of the following:

a. Murder or voluntary manslaughter of another child of that parent.

b. Aiding, abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of another child of that parent.

c. A felony assault or abuse which results in serious bodily injury to the surviving child or another child of that parent. The term 'serious bodily injury' means bodily injury which involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

(8) That parental rights to a sibling of the child have been involuntarily terminated.

(b) Where a child is not in the physical custody of its parent or parents appointed by the court, the court, in addition to the foregoing, shall also consider, but is not limited to the following:

(1) Failure by the parents to provide for the material needs of the child or to pay a reasonable portion of its support, where the parent is able to do so.

(2) Failure by the parents to maintain regular visits with the child in accordance with a plan devised by the department, or any public or licensed private child care agency, and agreed to by the parent.

(3) Failure by the parents to maintain consistent contact or communication with the child.

(4) Lack of effort by the parent to adjust his or her circumstances to meet the needs of the child in accordance with agreements reached, including agreements reached with local departments of human resources or licensed child-placing agencies, in an administrative review or a judicial review.

(c) In any case where the parents have abandoned a child and such abandonment continues for a period of four months next preceding the filing of the petition, such facts shall constitute a rebuttable presumption that the parents are unable or unwilling to act as parents. Nothing in this subsection is intended to prevent the filing of a petition in an abandonment case prior to the end of the four-month period.

If the court determines that the parents of a child are incapable to act as parents and terminates their parental rights, it may:

(1) Transfer the permanent legal custody of the child to the department or to any public or private licensed child-placing agency able and willing to assume the care and maintenance of the child, with or without an order to proceed with plans for the adoptive placement of the child. A court order which terminates parental rights and awards permanent custody to the Department of Human Resources or to a licensed child-placing agency shall mean that the said department or said licensed child-placing agency shall have authority to make permanent plans for the child, including the authority to place for adoption and consent to adoption.

(2) Transfer the permanent legal custody of the child to a relative or other individual who, after study by the department, is found to be able to properly receive and care for the child.

Where the court has terminated the rights and responsibilities of the parents and has placed custody of the child with the department or with a public or private licensed child-placing agency, or with an individual, the court shall, at least yearly, review the circumstances of the child to determine what efforts have been made to achieve the adoption of the child.