HB 101 — Relating to adoption; to add Chapter 10E and Chapter 10F to Title 26 of the Code of Alabama 1975, and Section 12-15-115.1 to the Code of Alabama 1975; to amend Section 12-15-133 of the Code of Alabama 1975; to repeal Section 12-12-35 of the Code of Alabama 1975, and Chapter 10A of Title 26 of the Code of Alabama 1975; to create the Alabama Minor Adoption Code and the Alabama Adult Adoption Code; to provide for jurisdictional and procedural requirements relating to adoptions; to provide for the communication of certain courts handling adoption-related proceedings; to provide that certain individuals must consent to an adoption; to provide for the confidentiality of certain adoption records; to provide for investigative requirements for the adoption of a minor; to provide procedures to adopt an adult; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.
Last action — Enacted as 2023-92
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 07, 2023. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 8 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
In plain language
The bill establishes new laws for both minor and adult adoptions in Alabama.
This bill creates the Alabama Minor Adoption Code and the Alabama Adult Adoption Code, outlining procedures and requirements for adoptions. It also sets guidelines for court communications and confidentiality regarding adoption records.
Summary
Adoption, Adult Adoption Code, created; Minor Adoption Code, repealed and replaced
Bill Text
What changed in the latest version
1970 added · 1950 removedPlain-language change summary
The updated version of HB 101 includes new chapters specifically focusing on minor and adult adoptions, along with a revised structure for adoption procedures in Alabama. This includes clearer guidelines on who must consent to an adoption and measures to maintain confidentiality for adoption records. These changes are significant because they aim to streamline the adoption process and enhance protections for all parties involved, making it easier and safer for families to adopt.
HB101 ENGROSSEDENROLLED IV7IWW-2IV7IWW-3 By Representatives Shaver, Kitchens, Wood (D), Collins, 3 Almond, Shirey, Crawford, Estes, Gidley, Simpson, Sorrells, Marques, Lee, Smith, Standridge, Wadsworth, Brown, Ingram, Mooney, Moore (P), Butler, Lipscomb, Kirkland, Shaw, Givens, Colvin, Rigsby, Shedd, Woods, Robertson, Lomax, Stadthagen, Sells, Hulsey, DuBose, Wilcox, Lamb, Hill, Holk-Jones, Hurst, Underwood, Cole, Harrison, Ledbetter, Reynolds RFD:
07-Mar-23 Page 0 HB101 EngrossedEnrolled 2 4Enrolled, 6An AAct, BILL TO BE ENTITLED AN ACT Relating to adoption;
Page 1 HB101 Engrossed Section 1.
§26-10E-2 For the purposes of this chapter, the following terms Page 1 HB101 Enrolled have the following meanings:
An individual who is 19 years of age or older, who has reached the majority age in the state in which he or she resides, or who is otherwise deemed an adult by Page 2 HB101 Engrossed statute or by court order.
Page 2 HB101 Enrolled (7) GRANDPARENT.
Two individuals who are currently lawfully married in accordance with the laws of this state or Page 3 HB101 Engrossed any other jurisdiction.
An individual 18 years of age or younger or an individual who is not an adult under the law in the jurisdiction where he or she resides who is the biological Page 3 HB101 Enrolled or legal parent of the adoptee.
95 (15) PARTY.
95 (16) PUTATIVE FATHER.
Page 4 HB101 Engrossed (19) STEPPARENT.
§26-10E-3 (a) The probate court shall have original jurisdiction Page 4 HB101 Enrolled over cases brought pursuant to this chapter.
(c) If, at any time during the pendency of a case under this chapter concerning the adoption of a minor, an action is pending in a circuit court or a juvenile court of this state concerning the custody or parentage of the minor, any party to the case, or the probate court on its own motion, may move to Page 5 HB101 Engrossed stay the case or to transfer the case to the circuit court or the juvenile court in which the other action is pending.
After entry of the final judgment by the transferee court, the probate court shall have limited jurisdiction over the case to assure Page 5 HB101 Enrolled compliance with Sections 26-10E-30 and 26-10E-31.
All other filings and documents that are retained by the juvenile court pertaining to the adoption proceeding shall be sealed, kept as a permanent record of the court, and withheld from inspection except as Page 6 HB101 Engrossed otherwise ordered by the court for good cause shown.
(g) Notwithstanding any law regarding the confidentiality of records and court proceedings involving a minor or adoptee, a court may communicate with another court of this state, another state, or another country in the same manner as provided in Section 30-3B-110, and a court may share records with another court of this state, another state, or Page 6 HB101 Enrolled another country for the limited purposes of determining any jurisdictional issues regarding a case involving the adoption of an adoptee pursuant to this chapter.
(1) The petitioner shows good cause on the record as to Page 7 HB101 Engrossed why the probate court selected should exercise venue over the adoption case.
Page 7 HB101 Enrolled §26-10E-5 (a) An unmarried individual or a married couple may petition to adopt a minor.
Page 8 HB101 Engrossed (3) A bona fide resident of this state at the filing of the petition for adoption or a bona fide resident of the receiving state when the adoptee was born in this state and was placed in compliance with Sections 38-7-15 and 44-2-20 relating to the Interstate Compact on the Placement of Children.
(f) No rule or regulation of any state department shall Page 8 HB101 Enrolled prevent an adoption by a petitioner solely because the petitioner is employed outside the home.
(h) The Department of Human Resources shall provide by rule the process through which an individual seeking to participate in foster care or adoption may apply for an exemption from any vaccination requirement for religious or other appropriate reason for himself, herself, or any other individual in his or her household.
Page 9 HB101 Engrossed (1) The adoptee, if 14 years of age or older, except Page 9 HB101 Enrolled when the court finds that the adoptee does not have the mental capacity to give consent.
(7) The licensed child placing agency to which the Page 10 HB101 Engrossed child has been relinquished for adoption, except that the Page 10 HB101 Enrolled court may grant the adoption without the consent of the agency if the adoption is in the best interests of the adoptee and there is a finding by the court the agency has unreasonably withheld its consent.
The implied consent of a minor parent Page 11 HB101 Engrossed may not be withdrawn.
Page 11 HB101 Enrolled (c) The express or implied consent of, or relinquishment by, a minor parent shall not be subject to revocation by reason of such minority.
(b) A rebuttable presumption that any individual or agency whose consent is required has impliedly consented to Page 12 HB101 Engrossed the adoption, or the relinquishment for adoption, of an Page 12 HB101 Enrolled adoptee arises when clear and convincing evidence shows that the individual or agency has received notification of the pendency of the adoption proceedings pursuant to Section 26-10E-17 and has failed to answer or otherwise respond to the petition within 30 days.
If the notified putative father Page 13 HB101 Engrossed fails to file this action and register with the putative Page 13 HB101 Enrolled father registry, his failure shall be deemed an irrevocable implied consent to the adoption of the child.
(4) A deceased parent of the adoptee or a parent of the adoptee who is presumed to be deceased under this or any other Page 14 HB101 Engrossed state's law.
Page 14 HB101 Enrolled (5) A putative father of the adoptee who has signed a written statement denying paternity.
Page 15 HB101 Engrossed (3) The relationship and date of birth of the person Page 15 HB101 Enrolled consenting or relinquishing to the adoptee.
Page 16 HB101 Engrossed (8) That the individual signing the document Page 16 HB101 Enrolled understands that the express consent may become irrevocable, and that the individual should not execute it if he or she needs or desires psychological or legal advice, guidance, or counseling.
At the time of taking the express consent, the judge shall explain to the consenting parent the legal effect of signing the document and the time limits and procedures for withdrawal of the express consent and shall Page 17 HB101 Engrossed provide the consenting parent with two copies of the form for Page 17 HB101 Enrolled withdrawing the express consent in accordance with the requirements of Sections 26-10E-13 and 26-10E-14.
Any other express consents or relinquishments required by this chapter and acquired while the petition for adoption is pending shall be filed with the Page 18 HB101 Engrossed court overseeing the adoption before the final judgment of Page 18 HB101 Enrolled adoption is entered.
(b) The withdrawal of express consent or relinquishment as provided in Section 26-10E-13(b) shall become effective by the affiant's signing and dating the withdrawal form provided pursuant to Section 26-10E-12, or by filing the withdrawal Page 19 HB101 Engrossed form within five business days of the child's birth or within Page 19 HB101 Enrolled five business days of signing the express consent or relinquishment, whichever comes last.
§26-10E-15 (a) No health facility shall surrender the physical custody of an adoptee to any individual or entity other than the county Department of Human Resources (the department), a Page 20 HB101 Engrossed licensed child placing agency, parent, relative by blood or Page 20 HB101 Enrolled marriage, or individual having legal custody, unless this surrender is authorized in a writing executed after the birth of the adoptee by one of the adoptee's parents, the agency, or the individual having legal custody of the adoptee.
Page 21 HB101 Engrossed (4) That the physical custody of the adoptee has been Page 21 HB101 Enrolled placed with the petitioner or petitioners for the purpose of adoption and that the adoptee has been residing with the petitioner or petitioners since a specified date, or a statement of good cause as to why placement and physical custody is not required or should be excused or waived.
Page 22 HB101 Engrossed (1) A government-issued document bearing photographic Page 22 HB101 Enrolled identification of each petitioner.
Page 23 HB101 Engrossed (1) Whether the mother was married at the probable time Page 23 HB101 Enrolled of conception of the adoptee, or at a later time, and if so, the identity and last known address of her husband.
(6) Whether the mother has informed any man that he may be the legal father or putative father of the adoptee, and, if so, the identity of the man, his last known address, and why Page 24 HB101 Engrossed the mother contends the man is not the legal father or Page 24 HB101 Enrolled putative father of the adoptee.
(e) Except in cases governed by Section 26-10E-26 or Section 26-10E-27, the petition for adoption shall be filed with the clerk of the probate court within 60 days after the adoptee is physically placed with the petitioner or petitioners for purposes of adoption unless the adoptee is in the custody of the Department of Human Resources, a licensed child placing agency, or is currently receiving care in a medical facility, except that, for good cause shown, a Page 25 HB101 Engrossed petition may be filed beyond the 60-day period.
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In cases Page 25 HB101 Enrolled governed by Sections 26-10E-26 or 26-10E-27, the petition may be filed at any time.
Page 26 HB101 Engrossed (9) The Alabama Department of Human Resources.
Page 26 HB101 Enrolled (10) If the adoptee is in foster care, the director of the county Department of Human Resources with legal custody of the adoptee.
As to any other individual, agency, or institution for whom notice Page 27 HB101 Engrossed is required under subsection (a), service by certified mail, Page 27 HB101 Enrolled return receipt requested, shall be sufficient.
§26-10E-18 (a) Once a petitioner or petitioners has received an Page 28 HB101 Engrossed adoptee into his or her home for the purposes of adoption and Page 28 HB101 Enrolled a petition for adoption has been filed, an interlocutory order may be entered delegating to the petitioner or petitioners both of the following:
For the purposes of this section, the term "letters of suitability" refers to the Federal Bureau Page 29 HB101 Engrossed of Investigation and the State Bureau of Investigation Page 29 HB101 Enrolled clearances.
(13) A written biography of each petitioner, including Page 30 HB101 Engrossed medical and social history.
Page 30 HB101 Enrolled (14) A home safety inspection indicating that the home of the petitioner or petitioners is safe for the adoptee's residency.
Page 31 HB101 Engrossed (e) No judgment for the adoption of any adoptee shall Page 31 HB101 Enrolled be entered until a full post-placement investigative report has been completed and filed with the court concerning all of the following:
(8) The updated letters of suitability, the updated Child Abuse and Neglect Clearances, updated criminal records from the county in which the petitioner or petitioners have resided for the two years prior to the finalization of the adoption, and updated results from the National Sex Offender Page 32 HB101 Engrossed Public Registry.
Page 32 HB101 Enrolled (9) If applicable to the adoption, the court shall ensure compliance with the Interstate Compact for the Placement of Children, codified as Section 44-2-20.
(i) The investigator shall complete and file the pre-placement written investigative report with the court Page 33 HB101 Engrossed within 60 days from receipt of notice of the proceeding and Page 33 HB101 Enrolled shall deliver a copy of the pre-placement investigative report to each petitioner's attorney or to each petitioner appearing pro se.
(l) When an investigation has been conducted, the investigatory report shall not be conclusive but may be Page 34 HB101 Engrossed considered along with other evidence.
Page 34 HB101 Enrolled (m) The court may, in its discretion, order the appointment of a court representative to investigate and evaluate any matters relating to adoption, including the best interests of the adoptee.
provided, however, that in contested cases under Section 26-10E-23, the court shall assess and award the guardian ad litem a fee at the time of appointment based on the reasonable amount of fees expected Page 35 HB101 Engrossed to be incurred.
The fees shall be payable by the contestant Page 35 HB101 Enrolled and the petitioner proportionately as determined by the court, subject to the authority of the court to revise the amount or proportionate responsibility for the fees upon entry of the final judgment adjudicating the contest.
§26-10E-22 (a) No individual, organization, group, agency, or any 991 legal entity may accept any fee whatsoever for bringing any 991 petitioner together with the adoptee or the parents of the adoptee.
Payment may be made only with court approval Page 36 HB101 Engrossed except that fees may be placed in an escrow account prior to Page 36 HB101 Enrolled court approval.
(2) Whether the adoptee is available for adoption by Page 37 HB101 Engrossed each petitioner and whether each petitioner qualifies to adopt Page 37 HB101 Enrolled an adoptee within the requirements of this chapter.
If it is determined by the court that the adoption petition should Page 38 HB101 Engrossed be denied, the court shall either transfer the case to the Page 38 HB101 Enrolled appropriate juvenile court pursuant to Section 26-10E-3 for the limited purpose of considering termination of parental rights or it shall enter a final judgment denying the adoption.
Whether a written report should be sent to the Page 39 HB101 Engrossed county Department of Human Resources pursuant to Chapter 14 of Page 39 HB101 Enrolled Title 26 for a further determination concerning custody.
(3) All documentation required pursuant to Section Page 40 HB101 Engrossed 26-10E-19 has been filed with the court, unless excluded under Page 40 HB101 Enrolled Sections 26-10E-26 and 26-10E-27.
(c) The court shall enter its finding in a written final judgment of adoption, which shall also include the new name of the adoptee after adoption and shall not include any Page 41 HB101 Engrossed other name by which the adoptee has been known or any names of Page 41 HB101 Enrolled the former parent.
Page 42 HB101 Engrossed (c) A party may appeal any final judgment entered by a Page 42 HB101 Enrolled court under this chapter.
Page 43 HB101 Engrossed (3) An adoptive parent subsequent to the final judgment Page 43 HB101 Enrolled of adoption has been convicted of a sexual offense, as provided in Section 15-20A-5, involving the adoptee.
§26-10E-27 Subject to Section 26-10E-5, a grandfather, a grandmother, a great-grandfather, a great-grandmother, a great-uncle, a great-aunt, a brother, a half-brother, a sister, a half-sister, an aunt, or an uncle of the first degree and their respective spouses, if any, may adopt a minor grandchild, a minor great-grandchild, a minor great-niece, a minor great-nephew, a minor brother, a minor half-brother, a Page 44 HB101 Engrossed minor sister, a minor half-sister, a minor nephew, a minor Page 44 HB101 Enrolled niece, according to the provisions of this chapter, except that:
Page 45 HB101 Engrossed (b) Upon the entry of the final judgment of adoption, Page 45 HB101 Enrolled the biological or legal parents of the adoptee, except for the spouse of an adoptive stepparent, are relieved of all parental rights and responsibility for the adoptee and will have no parental rights over the adoptee.
(b) In an adoption case proceeding under Section 26-10E-26 or Section 26-10E-27, pre-adoption or post-adoption grandparent visitation rights may be granted, maintained, or modified by the court at any time before or after the final judgment of adoption is entered if it is in the best interests of the adoptee.
(c) In the case of a stepparent adoption under Section 26-10E-26, no grandparent visitation rights may be granted, maintained, or modified over the objection of the spouse of the adoptive stepparent absent compliance with Section 30-3-4.2.
Otherwise, Section 30-3-4.2 shall not apply in a case involving an adoptee but grandparent visitation rights shall be determined based upon the best interests of the adoptee.
Page 46 HB101 EngrossedEnrolled (d) An order or judgment regarding grandparent visitation made in a case under this section may only be vacated or modified by the court that entered the order or judgment.
(d) When the court enters a final judgment of adoption, all licensed agencies or individuals shall send a sealed information summary sheet and the non-identifying information Page 47 HB101 EngrossedEnrolled referred to in subsection (g) in a separate summary sheet to the Department of Human Resources.
If a licensed child placing agency ceases to operate in Alabama, all adoption records of the Page 48 HB101 EngrossedEnrolled agency, including those of the adoptee, the biological family, and the adoptive family, shall be transferred to the department.
(h) Notwithstanding any other provision herein, if Page 49 HB101 EngrossedEnrolled either the legal mother or the putative or legal father before the adoption has given written consent under oath to disclosure of identifying information that is not otherwise provided in this section and in Section 22-9A-12(c), the Department of Human Resources or a licensed child placing agency shall release the identifying information.
The court shall Page 50 HB101 EngrossedEnrolled direct an intermediary to contact the former parents to determine if they will consent to the release of identifying information.
(b) Upon receipt of a copy of a certified final judgment of adoption from the judge or the clerk of the court Page 51 HB101 EngrossedEnrolled for an individual born in this state, the Office of Vital Statistics shall prepare a new record of birth reflecting the registrant's new name and the name of each adoptive parent as contained in the final judgment and report of adoption.
(f) Except as otherwise provided by Section 22-9A-12(c), after the new birth certificate has been filed, the original birth certificate and the evidence of adoption Page 52 HB101 EngrossedEnrolled are not subject to inspection except upon order of a court of competent jurisdiction for good cause shown.
§26-10E-33 Page 53 HB101 EngrossedEnrolled (a) It shall be a Class A misdemeanor for any individual or agency to offer to pay money or anything of value to a parent for the placement for adoption, for the consent to an adoption, or for cooperation in the completion of an adoption of his or her minor child.
§26-10E-34 Minors may be brought into Alabama for the purpose of adoption as provided in Sections 38-7-15 and 44-2-20, except that investigations shall be made as provided in Sections Page 54 HB101 EngrossedEnrolled 26-10E-19 and Section 44-2-20.
§26-10E-37 (a) Final judgments of adoptions entered into before January 1, 2024, are valid and remain in effect as they existed prior to the enactment of this chapter except that proceedings after final judgments of adoption entered into Page 55 HB101 EngrossedEnrolled before the enactment of this chapter will be governed under this chapter.
§26-10F-5 Page 56 HB101 EngrossedEnrolled (a) Any adult individual may petition the court to adopt an adult as provided in this chapter.
(e) The Department of Human Resources shall provide by rule the process through which an individual seeking to participate in foster care or adoption may apply for an exemption from any vaccination requirement for religious or other appropriate reason for himself, herself, or any other individual in his or her household.
Page 57 HB101 Enrolled (3) He or she consents in writing to be adopted and is related in any degree of kinship to the petitioner or petitioners, as defined by the intestacy laws of Alabama, or is a stepchild or former stepchild by marriage.
(4) He or she had been in a de facto parent-child relationship with each petitioner during the minority of the Page 57 HB101 Engrossed adoptee for at least one year preceding the filing of the petition and each petitioner has maintained a continuous familial relationship with the adoptee.
The decision to withhold consent by the Page 58 HB101 Enrolled guardian ad litem may be overruled by the court as provided in Section 26-10F-10.
(b) A motion to withdraw consent may be filed at any Page 58 HB101 Engrossed time before the dispositional hearing on the adoption petition.
Page 59 HB101 Enrolled (7) The relationship, if any, of each petitioner to the adoptee.
(9) The names and addresses of all individuals known to the petitioner at the time of filing from whom consents or Page 59 HB101 Engrossed notice to the adoption are required.
Page 60 HB101 Enrolled (1) Any individual whose consent is required by Section 26-10F-7.
Page 60 HB101 Engrossed (4) Any biological or legal parent of the adoptee.
(3) As to any other person or entity for whom notice is Page 61 HB101 Enrolled required under subsection (a)(7), service by certified mail, return receipt requested, shall be sufficient.
(d) The notice required by this section may be waived Page 61 HB101 Engrossed in writing by the person or entity entitled to receive notice.
(c) If the court determines upon clear and convincing evidence that the decision to withhold consent by the guardian ad litem is arbitrary and is not in the best interests of the incapacitated person, it may proceed to make any other orders it deems necessary for the adult person's welfare, including Page 62 HB101 Enrolled granting the petition for adoption.
The court shall determine the scope of Page 62 HB101 Engrossed the investigation.
(2) Whether the adoptee is available for adoption by Page 63 HB101 Enrolled each petitioner and whether each petitioner qualifies to adopt the adoptee within the requirements of this chapter.
Page 63 HB101 Engrossed (b) The court shall give at least 14 days of notice of the contested hearing by United States mail to all parties who have appeared before the court unless notice has been waived in writing.
If it is determined by the court that the adoption petition should be denied, the court shall enter a final judgment denying the Page 64 HB101 Enrolled contest.
(e) At the contested-case hearing, the court shall consider any motion of the petitioner or petitioners to obtain Page 64 HB101 Engrossed reimbursement for all reasonable medical and living expenses incidental to the care and well-being of the adoptee for the time the adoptee resided with the petitioner or petitioners where the adoptee is an incapacitated adult.
Page 65 HB101 Enrolled (c) At the dispositional hearing, the court shall grant a final judgment of adoption if it finds each of the following based on clear and convincing evidence:
(2) The required consents and all other necessary Page 65 HB101 Engrossed documents have been properly executed and have been filed with the court.
(4) That each petitioner is a suitable adopting parent and desires to establish a legal parent and child relationship Page 66 HB101 Enrolled between himself or herself and the adoptee.
(6) That the best interests of the adoptee are served by the adoption and that there is no reason in the public Page 66 HB101 Engrossed interest or otherwise why the petition should not be granted.
Page 67 HB101 Enrolled (h) A final judgment of adoption may not be collaterally attacked after the expiration of one year from the entry of the final judgment of adoption, and after all appeals, if any, except in each of the following situations:
Page 67 HB101 Engrossed (3) An adoptive parent subsequent to the final judgment of adoption has been convicted of a sexual offense, as provided in Section 15-20A-5, involving the adoptee.
(c) A party may appeal any final judgment entered by a Page 68 HB101 Enrolled court under this chapter.
Page 68 HB101 Engrossed §26-10F-15 (a) If determined to be in the best interests of the adoptee or parties, the court may determine a hearing shall be closed.
§26-10F-16 (a) A judgment granting a petition for adoption of an adult may order a change in the name of the adoptee unless the Page 69 HB101 Enrolled court finds that the change of name is requested for fraudulent or criminal purposes;
(b) After the final judgment of adoption, the adoptee shall be treated as the legal child of each adopting parent Page 69 HB101 Engrossed and shall have all rights and be subject to all the duties arising from that relation, including the right of inheritance under the intestacy laws of the state pursuant to Section 43-8-48.
Page 70 HB101 Enrolled (b) Upon receipt of a copy of any certified final judgment of adoption from the judge or the clerk of the court for an individual born in this state, the Office of Vital Statistics shall prepare an amended record of birth reflecting the registrant's new name and the name of each adopting parent as contained in the final judgment and report of adoption.
The Page 70 HB101 Engrossed original birth certificate or evidence of adoption will not be sealed unless otherwise ordered by the court granting the adoption.
Page 71 HB101 Enrolled (b) This chapter shall apply to all proceedings related to adult adoptions that have not been commenced as of December 31, 2023.
§12-15-115.1 Page 71 HB101 Engrossed Once an adoption proceeding in the juvenile court has been completed, a copy of all the juvenile court records, including filings and documents originally sent upon transfer by the probate court, shall be forwarded to the probate court from which the case was transferred.
Page 72 HB101 Enrolled (2) Social records, including but not limited to:
Page 72 HB101 Engrossed f.
The juvenile legal files described in subdivision (1) of subsection (a)(1) shall be maintained in a separate file from all other juvenile records, reports, and Page 73 HB101 Enrolled information.
(1) The judge, juvenile probation officers, and Page 73 HB101 Engrossed professional staff assigned to serve or contracted for service to the juvenile court.
Page 74 HB101 Enrolled (6) The judge, probation, and other professional staff, including the prosecutor and the attorney for the defendant, serving a court handling criminal cases for completing sentencing standards worksheets and considering the sentence upon a person an individual charged with a criminal offense who, prior thereto, had been the subject of proceedings in Page 74 HB101 Engrossed juvenile court.
(9) In any criminal proceeding, including a criminal proceeding in which a person an individual is adjudicated a youthful offender, as well as any juvenile proceeding pursuant to Section 12-15-105, the prosecutor representing the State of Alabama shall have access to all juvenile legal files Page 75 HB101 Enrolled specified in subdivision (a)(1) on that person individual regardless of the jurisdiction from which the files originate.
(d) Upon determining a legitimate need for access, and subject to applicable federal law, the juvenile court may also grant access to specific records, reports, and information to a prosecutor representing the State of Alabama, department, Page 75 HB101 Engrossed entity, or agency.
(f) Subject to applicable confidentiality disclosure and case restrictions imposed by federal or state law, confidential juvenile legal files, as described in subdivision (1) of subsection (a)(1), may be placed on an automated information sharing system to be shared with the child's counsel and guardian ad litem, prosecutors, departments, agencies, or entities who are entitled to access pursuant to Page 76 HB101 Enrolled this section.
(g) Except for the purposes permitted and in the manner provided by this section, whoever discloses or makes use of or knowingly permits the use of information identifying a child, or the family of a child, who is or was under the jurisdiction of the juvenile court, where this information is directly or Page 76 HB101 Engrossed indirectly derived from the records of the juvenile court or acquired in the course of official duties, upon conviction thereof, shall be guilty of a Class A misdemeanor under the jurisdiction of the juvenile court and also may be subject to civil sanctions.
(i) This section does not prohibit juvenile courts from communicating with and sharing otherwise confidential Page 77 HB101 Enrolled information with any court of this state in accordance with Section 26-10E-30 that is currently handling an adoption matter or has entered a final adoption judgment regarding a juvenile.
All records shared between the courts are to remain under seal and shall not be shared with the parties or released to the public." Page 77 HB101 Engrossed Section 5.
Page 78 HB101 EngrossedEnrolled House________________________________________________ Speaker of Representativesthe ReadHouse forof theRepresentatives first________________________________________________ timePresident and referredPresiding ................07-Mar-23Officer toof the Senate House of Representatives committeeI onhereby Childrencertify andthat Seniorthe Advocacywithin ReadAct fororiginated thein second time and placedwas ................22-Mar-23passed onby the calendar:House 23-Mar-23, as amended.
amendmentJohn ReadTreadwell forClerk theSenate third13-APR-23 timePassed and passedAmended ................23-Mar-23House as18-APR-23 amendedConcurred Yeasin 105Senate NaysAmendment 0 Abstains 0 John Treadwell Clerk Page 79
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Amendments
5 amendments- Amendment Y1CHN6-1 Show changes
- Amendment XSTSZZ-1 Show changes
- Amendment 6AUI13-1 Show changes
- Amendment XV2BZE-1 Show changes
- Children and Senior Advocacy Amendment TDYS95-1 Show changes
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Action History
-
Enrolled
Sponsors
- Ginny Shaver · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 139 not signed on · 23 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (139)
139 members have not signed on to this bill.
Show all 139 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 71 | 0 | 0 | 0 |
| D | 25 | 0 | 0 | 1 |
| Total | 101 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 24 | 0 | 0 | 1 |
| D | 4 | 0 | 0 | 4 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 29 | 0 | 0 | 5 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Not Voting |
| Robert Stewart | D | Not Voting |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Not Voting |
| William M. Beasley | D | Not Voting |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Not Voting |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Yea |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Yea |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 24 | 0 | 0 | 1 |
| D | 5 | 0 | 0 | 3 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 30 | 0 | 0 | 4 |
| % of votes cast | 88% | 0% | 0% | 12% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Not Voting |
| Robert Stewart | D | Not Voting |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Not Voting |
| William M. Beasley | D | Yea |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Not Voting |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Yea |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Yea |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 24 | 0 | 0 | 1 |
| D | 4 | 0 | 0 | 4 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 29 | 0 | 0 | 5 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Not Voting |
| Robert Stewart | D | Not Voting |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Not Voting |
| William M. Beasley | D | Not Voting |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Not Voting |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Yea |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Yea |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 71 | 0 | 0 | 0 |
| D | 23 | 0 | 0 | 3 |
| Total | 99 | 0 | 0 | 3 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 4 | 0 | 0 |
| R | 104 | 34 | 0 | 4 |
| D | 4 | 8 | 0 | 40 |
| Total | 114 | 46 | 0 | 44 |
| % of votes cast | 56% | 23% | 0% | 22% |
How each member voted (204)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 69 | 0 | 0 | 2 |
| D | 22 | 0 | 0 | 4 |
| Total | 96 | 0 | 0 | 6 |
| % of votes cast | 94% | 0% | 0% | 6% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 71 | 0 | 0 | 0 |
| D | 26 | 0 | 0 | 0 |
| Total | 102 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (102)
Subjects
Frequently asked questions
- What does HB 101 do?
- Adoption, Adult Adoption Code, created; Minor Adoption Code, repealed and replaced
- Who sponsors HB 101?
- HB 101 is sponsored by Ginny Shaver (R).
- What is the current status of HB 101?
- This bill has been enacted into law. Introduced March 07, 2023. Enacted.
- Where can I track HB 101?
- Track HB 101 free on One Click Politics — get push/email alerts when it moves.
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