Child abuse and neglect reports; definitions of abuse and neglect revised, rights of accused further provided for, unsubstantiated reports excluded from central registry, investigative hearing required in certain circumstances, use of reports limited

HB464 INTRODUCED
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HB464
846KVH2-1
By Representative Paschal
RFD: Judiciary
First Read: 17-Feb-26
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846KVH2-1 02/17/2026 GP (L)lg 2026-697
Page 1
First Read: 17-Feb-26
SYNOPSIS:
Under existing law, the State Department of
Human Resources investigates reports of child abuse and
neglect and maintains a central registry that contains
information relating to reports of child abuse and
neglect.
Under existing law, reports are classified as
indicated if credible evidence substantiates that the
accused is responsible for child abuse or neglect, and
not indicated if credible evidence does not
substantiate the accused's responsibility.
Existing law defines child abuse as harm or
threatened harm to a child's health or welfare, and
neglect as negligent treatment or maltreatment of the
child, including failure to provide adequate food,
medical treatment, supervision, clothing, or shelter.
This bill would revise the definition of child
abuse as harm or imminent harm to the child's health or
welfare, and neglect as negligent treatment or
maltreatment where inadequate food, medical treatment,
supervision, clothing, or shelter poses a substantial
risk of harm to the child.
This bill would require the department to notify
the subject of an investigation that he or she is under
investigation by the department for child abuse or
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investigation by the department for child abuse or
neglect, subject to certain exemptions.
This bill would require the department, after a
preliminary finding that child abuse or neglect is
indicated, to notify the subject of the finding,
provide him or her with the opportunity for an
investigative hearing.
This bill would provide for certain due process
rights for the subject during the investigative hearing
and require the department to notify each accused
individual of those rights.
This bill would prohibit indicated reports of
child abuse or neglect from placement on the registry
unless the finding is confirmed by an investigative
hearing or the subject waives his or her opportunity
for an investigative hearing.
This bill would prohibit law enforcement from
relying on an indicated report of child abuse or
neglect to establish probable cause for a criminal
warrant, and would specify that no criminal warrant
relying in whole or in part on an indicated report may
be executed unless it is returned for indictment by a
grand jury.
This bill would prohibit the department from
including any not indicated reports of child abuse and
neglect, or related information, on the central
registry, and would require the department to remove
any such reports from the registry.
This bill would prohibit the disclosure of any
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This bill would prohibit the disclosure of any
records relating to a not indicated report of child
abuse and neglect.
This bill would require the department to vacate
any finding that child abuse or neglect is indicated if
a court of competent jurisdiction dismisses a criminal
charge based on the same allegations and, if the
child's parent or guardian was the subject of the
dismissed charge, would require the child to be
immediately reunited with his or her parent.
Existing law allows the department to order
immediate removal of a child who is the subject of a
report if good cause is shown that removal is necessary
to protect the child from further abuse or neglect.
This bill would allow the removal if credible
evidence that the removal is necessary to protect the
child from further abuse or neglect.
This bill would define the term "credible
evidence" to mean evidence that is either corroborated
by a third party who is not employed by or contracted
with the department or unambiguous physical evidence.
This bill would require investigators to
consider certain factors relating to the well-being of
the child, availability of services, alternatives to
removal, and the immediacy of the harm before a child
may be removed from his or her home due to a report of
child abuse or neglect.
This bill would require the department employees
involved with investigations of child abuse or neglect
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involved with investigations of child abuse or neglect
to undergo training.
This bill would require the department to
annually prepare and distribute a report relating to
child abuse and neglect investigations.
This bill would also delete duplicative language
and make nonsubstantive, technical revisions to update
the existing code language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to reports of child abuse and neglect; to
amend Sections 26-14-1, 26-14-3, 26-14-6.1, 26-14-7,
26-14-7.1, and 26-14-8, Code of Alabama 1975; to add Sections
26-14-7.3 and 26-14-8.1 to the Code of Alabama 1975; to revise
standards for an indicated report of child abuse or neglect;
to revise the definitions of child abuse and neglect; to
require the State Department of Human Resources (DHR) to
notify subjects of ongoing investigations and to provide
subjects the opportunity for an administrative hearing before
a final disposition that child abuse or neglect is indicated;
to prohibit DHR from including records related to not
indicated reports of child abuse or neglect on the central
registry and to prohibit the disclosure of such records; to
require DHR to remove not indicated reports from the central
registry; to prohibit the use of an indicated report to
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registry; to prohibit the use of an indicated report to
establish probable cause for a criminal warrant; to require an
indictment by a grand jury to execute a criminal warrant based
on an indicated report; to require DHR to vacate indicated
findings in certain circumstances; to further provide for
investigations of child abuse or neglect; to further provide
for defined terms; to require certain employees of DHR to
undergo training; to require DHR to prepare and distribute an
annual report to the Legislature; and to make nonsubstantive,
technical revisions to update the existing code language to
current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 26-14-1, 26-14-3, 26-14-6.1,
26-14-7, 26-14-7.1, and 26-14-8, Code of Alabama 1975, are
amended to read as follows:
"§26-14-1
For the purposes of this chapter, the following terms
shall have the meanings respectively ascribed to them by this
section have the following meanings :
(1) ABUSE. Harm or threatened imminent harm to a
child's health or welfare. Harm or threatened imminent harm to
a child's health or welfare can occur through nonaccidental
physical or mental injury, sexual abuse or attempted sexual
abuse, or sexual exploitation or attempted sexual
exploitation. Sexual abuse includes the employment, use,
persuasion, inducement, enticement, or coercion of any child
to engage in, or having a child assist any other person to
engage in, any sexually explicit conduct or any simulation of
the conduct for the purpose of producing any visual depiction
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the conduct for the purpose of producing any visual depiction
of the conduct; or the rape, molestation, prostitution, or
other form of sexual exploitation of children, or incest with
children as those acts are defined by Alabama law. Sexual
exploitation includes allowing, permitting, or encouraging a
child to engage in prostitution and allowing, permitting,
encouraging, or engaging in the obscene or pornographic
photographing, filming, or depicting of a child for commercial
purposes.
(8)(2) NEGLECT. Negligent treatment or maltreatment of
a child , including the failure to provide adequate where
inadequate food, medical treatment, supervision, clothing, or
shelter poses a substantial risk of harm to the child .
(3) CHILD. Either of the following:
a. An individual A person under the age of 18 years of
age.
b. An individual A person under the age of 19 years of
age who is in need of protective services and does not qualify
for adult protective services under Chapter 9 of Title 38.
(2) CENTRAL REGISTRY. The statewide central registry
for indicated reports of child abuse and neglect created in
Section 26-14-8.
(4) CREDIBLE EVIDENCE. Clear and convincing evidence of
either of the following:
a. Evidence of child abuse or neglect which is
corroborated by a third party who is not employed by or
contracted with the department.
b. Unambiguous physical evidence of child abuse or
neglect.
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neglect.
(5) DEPARTMENT. The State Department of Human
Resources.
(6)(4) DULY CONSTITUTED AUTHORITY. The chief of police
of a municipality or municipality and county; or the sheriff,
if the observation of child abuse or neglect is made in an
unincorporated territory; or the Department of Human
Resources department ; or any person, organization, corporation,
group, or agency authorized and designated by the Department
of Human Resources department to receive reports of child abuse
and neglect; provided, that a duly constituted authority shall
not include an agency involved in the acts or omissions of the
reported child abuse or neglect.
(7) INDICATED. When there is credible evidence and
professional judgment to substantiate that a subject is
responsible for child abuse or neglect.
(9) NOT INDICATED. When credible evidence and
professional judgment does not substantiate that a subject is
responsible for child abuse or neglect.
(10) SUBJECT. An individual under investigation by the
department for allegedly committing child abuse or neglect. "
"§26-14-3
(a) All hospitals, clinics, sanitariums, doctors,
physicians, surgeons, medical examiners, coroners, dentists,
osteopaths, optometrists, chiropractors, podiatrists, physical
therapists, nurses, public and private K-12 employees, school
teachers and officials, peace officers, law enforcement
officials, pharmacists, social workers, day care workers or
employees, mental health professionals, employees of public
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employees, mental health professionals, employees of public
and private institutions of postsecondary and higher
education, members of the clergy as defined in Rule 505 of the
Alabama Rules of Evidence, or any other person individual
called upon to render aid or medical assistance to any child,
when the child is known or suspected to be a victim of child
abuse or neglect, shall be required to report orally, either
by telephone or direct communication immediately, and which
shall be followed by a written report, to a duly constituted
authority.
(b)(1) When an initial report is made to a law
enforcement official, the official subsequently shall
immediately shall inform the Department of Human
Resources department of the report so that the department can
carry out its responsibility to provide protective services
when deemed appropriate to the respective child or children.
(2) As soon as is practicable after a report of known
or suspected child abuse or neglect is made, the Department of
Human Resources department shall make efforts to determine the
military status of the parent or guardian of the child who is
the subject of the child abuse or neglect allegation.
(3) If the Department of Human Resources department
determines that a parent or guardian under subdivision (2) is
in the military, the department shall notify a United States
Department of Defense family advocacy program at the military
installation of the parent or guardian that there is an
allegation of child abuse or neglect that is being
investigated that involves a child of the military parent or
guardian.
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guardian.
(c) When the Department of Human Resources department
receives initial reports of suspected abuse or neglect, as
those terms are defined in Section 26-14-1, including
suspected abuse or neglect involving discipline or corporal
punishment committed in a public or private school or
suspected abuse or neglect in a state-operated child
residential facility, the Department of Human
Resources department shall transmit a copy of school reports to
the law enforcement agency and residential facility reports to
the law enforcement agency and the operating state agency
which shall conduct the investigation. When the investigation
is completed, a written report of the completed investigation
shall contain the information required by the state Department
of Human Resources department and, in cases where the final
disposition of the investigation is that child abuse or
neglect is indicated, which shall be submitted by the law
enforcement agency or the state agency shall submit the
written report to the county department of human resources for
entry into the state's central registry.
(d) Nothing in this chapter shall preclude interagency
agreements between departments of human resources, law
enforcement, and any other state agencies on procedures for
investigating reports of suspected child abuse and neglect to
provide for departments of human resources to assist law
enforcement and other state agencies in these investigations.
(e) Any provision of this section to the contrary
notwithstanding, if any agency or authority investigates any
report pursuant to this section and the report does not
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report pursuant to this section and the report does not
indicate child abuse or neglect or result in a conviction, the
agency or authority shall expunge any record of the
information or report and any data developed from the record.
(f) Subsection (a) to the contrary notwithstanding, a
member of the clergy shall not be required to report
information gained solely in a confidential communication
privileged pursuant to Rule 505 of the Alabama Rules of
Evidence which communication shall continue to be privileged
as provided by law.
(g) Commencing on August 1, 2013, a A public or private
employer who discharges, suspends, disciplines, or penalizes
an employee solely for reporting suspected child abuse or
neglect pursuant to this section shall be guilty of a Class C
misdemeanor."
"§26-14-6.1
The duty and responsibility for the investigation of
reports of suspected child abuse or neglect shall be as
follows:
(1) Reports of suspected child abuse or neglect
involving disciplinary or corporal punishment
committed administered in a public or private school or
kindergarten shall be investigated by law enforcement
agencies.
(2) Reports of suspected child abuse or neglect
committed in a state-operated child residential facility shall
be investigated by law enforcement agencies.
(3)a. Reports of suspected child abuse or neglect
committed during an ongoing domestic dispute shall be referred
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committed during an ongoing domestic dispute shall be referred
to the appropriate court overseeing the domestic dispute if:
1. The individual alleged to have committed the abuse
is a party to the domestic dispute and is the parent, legal
guardian, or alleged parent of the child who is the subject of
the report; and
2. The domestic dispute involves the custody, child
support, or care of the child who is the subject of the
report. For the purposes of this section, the term "domestic
dispute" includes, but is not limited to, a case before an
appropriate court with jurisdiction over the dispute involving
divorce, protection from abuse, child support, or child
custody.
b. The judge may: (i) determine the custody of the
child pending the completion of the domestic dispute; (ii)
refer the report to the department or law enforcement agencies
for further investigation; and (iii) determine what, if any,
effect the reported abuse or neglect has on the ongoing
domestic dispute.
c. The department and the Alabama State Law Enforcement
Agency may adopt rules, and the Administrative Office of
Courts may adopt policies, to implement and administer this
subdivision.
(4) All other reports of suspected child abuse and
neglect shall be investigated by the Department of Human
Resources department ."
"§26-14-7
(a) The State or County Department of Human Resources
or a county department of human resources shall make a
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or a county department of human resources shall make a
thorough investigation promptly upon either the oral or
written report of child abuse or neglect . The primary purpose
of such an the investigation shall be the protection of the
child.
(b) The investigation, to the extent that is reasonably
possible, shall include:
(1) The nature, extent , and cause of the child abuse or
neglect;
(2) The identity of the person individual responsible
therefor for the child abuse or neglect ;
(3) The names and conditions of any other children in
the home;
(4) An evaluation of the parents or person individuals
responsible for the care of the child;
(5) The home environment and the relationship of the
child or children to the parents or other persons individuals
responsible for their care; and
(6) All other data deemed pertinent relevant to the
investigation .
(c)(1) The investigation may include a visit to the
child's home, an interview with the subject child, and may
include a physical, psychological, or psychiatric examination
of any child or children in that home. If the investigators
cannot obtain: (i) the admission to the home, school, or any
other place that the child may be , ; or (ii) permission of the
parent or other persons responsible for the child or children ,
for the physical, psychological, or psychiatric examination of
the child or children , cannot be obtained, then a court of
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the child or children , cannot be obtained, then a court of
competent jurisdiction, upon cause shown by a verified
petition , shall order the parents or persons individuals
responsible and in charge of any place where the child may be
to allow the interview, examinations, and investigation.
(2) If, before the examination is complete, the opinion
of the investigators is that immediate removal is necessary to
protect a child or children from further abuse or neglect, a
court of competent jurisdiction, on a verified petition by the
investigators and with good cause credible evidence being
shown, shall issue an order for temporary removal and custody.
In determining whether to remove a child under this section,
the investigators shall consider all of the following:
a. The immediacy of the imminent harm to the safety of
the child.
b. The impact of the removal on the child's emotional
and physical well-being.
c. The availability of services necessary to create a
safe and comfortable environment for the child, should the
child be removed.
d. Whether the child could safely remain in the home by
arranging for informal supports such as care by family
members, the voluntary removal of the subject from the home,
or the provision of in-home services.
e. If the safety threat could be rectified by providing
resources, education, or other services to the child's parent
or legal guardian.
(3) If the department relies in whole or in part on an
evaluation by a child abuse pediatrician or other designated
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evaluation by a child abuse pediatrician or other designated
specialist in forming a preliminary finding or final
disposition of indicated, the parent or legal guardian of the
child who is the subject of the investigation may obtain an
independent medical opinion from a licensed physician of their
choice. The department shall review and consider any such
independent medical opinion: (i) when determining whether
credible evidence of child abuse or neglect exists; and (ii)
in any investigative hearing conducted under Section
26-14-7.1.
(d) After completing the investigation required by this
section, the county department of human resources may make a
preliminary finding that child abuse or neglect is indicated
if:
(1) There is credible evidence and professional
judgment to substantiate that a subject is responsible for
child abuse or neglect; and
(2) There is credible evidence that an injury to the
child who is the subject of the investigation was the result
of abuse or neglect, and accidental injury and complex medical
conditions have been ruled out.
(e) The county department of human resources shall make
a complete written report of the investigation, together with
its recommendations. If the preliminary finding of the
investigation is indicated, the department shall notify the
subject and provide him or her with the opportunity for an
investigative hearing, as provided in Section 26-14-7.1. Such
reports may be made available to the appropriate court, the
district attorney, and the appropriate law enforcement agency
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district attorney, and the appropriate law enforcement agency
upon request. The county department of human resources shall
make a written report or case summary, together with services
offered and accepted to the state's central registry on forms
supplied by the registry for that purpose
(f) The department shall establish a training program
for employees and investigators involved in the investigation
of reports of child abuse or neglect under this section. The
training must include, but is not limited to, the following:
(1) Best practices for investigation techniques,
including how to separate personal feelings from
professionalism when decision-making.
(2) Factors that an investigator must consider before
removing a child from his or her home, including services
which would facilitate family preservation.
(3) When child abuse or neglect must be reported to law
enforcement, and the criminal standards for child abuse and
neglect.
(4) An explanation of family preservation services ."
"§26-14-7.1
(a) The following due process procedures shall apply in
any investigation of child abuse or neglect by the
department Any person who comes under investigation by the
Department of Human Resources for the abuse or neglect of a
child or children and who is employed by, serves as a
volunteer for, holds a license or certificate for, or is
connected with any facility, agency, or home which cares for
and controls any children and which is licensed, approved, or
certified by the state, operated as a state facility, or any
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certified by the state, operated as a state facility, or any
public, private, or religious facility or agency that may be
exempt from licensing procedures shall be granted the
following due process rights by the Department of Human
Resources :
(1)a. The department shall notify the alleged
perpetrator subject in writing that an investigation has
commenced against him or her after such the investigation has
officially begun in accordance with written policies
established by the Department of Human Resources . The notice
shall be in writing and shall state the name of the child or
children allegedly abused, the date or dates that the alleged
abuse is thought to have occurred, and the substance of the
person's individual's actions which that are alleged to be
abusive.
b. The department shall establish and maintain written
policies outlining the specifics of the notification required
by this subdivision and any other policies The department
shall establish and maintain written policies outlining the
specifics of such notification and other policies deemed
necessary and prudent by the department necessary to inform
the alleged perpetrator subject of his or her rights and the
procedures utilized used by the department involving child
abuse and neglect investigations. The notice required by this
subdivision may be provided after the department interviews
the child who is the subject of the investigation. If the
subject has a criminal history of committing violent offenses
or abuse, the notice may be withheld until:
1. The department issues a preliminary finding that
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1. The department issues a preliminary finding that
abuse or neglect is indicated; or
2. The department determines that abuse or neglect is
not indicated.
(2)a. If the department conducts an investigation
relating to child abuse / or neglect, the department shall
notify the subject alleged perpetrator shall be notified of the
investigator's conclusions. If the investigation results in a
preliminary finding of indicated, the department shall provide
the subject with the opportunity for an investigative hearing
to confirm or reject the investigator's preliminary findings,
and notice of his or her right to that investigative hearing.
The department shall notify the subject of the preliminary
indicated disposition and of the date, time, and place of the
investigative hearing. The department shall provide the
subject with written notice of all of his or her rights set
forth in subdivision (4). The hearing shall not be open to the
public.
b. A subject may waive his or her right to an
investigative hearing by submitting a signed, written waiver
stating as such to the department. Failure of a subject to
appear at the hearing constitutes a waiver of his or her right
to an investigative hearing, provided that the department has
confirmed the subject's receipt of the notice required by
paragraph a.
(3) If the department's investigators conclude that
child abuse/neglect is indicated, an investigative hearing may
be held to confirm or reject the investigators' conclusions.
(4) The alleged perpetrator shall be given ten
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(4) The alleged perpetrator shall be given ten
departmental working days from the receipt of the notification
of the investigator's conclusions to request a hearing, and
such request must be in writing. If no such request is
received in the department's office within ten departmental
working days, the alleged perpetrator's opportunity for a
hearing shall be considered waived by the department.
(3)(5) The department may not notify the employer of a
subject an alleged perpetrator shall not be notified of the
investigator's preliminary findings conclusions prior to a
hearing or its waiver unless, in the opinion of the
department's investigators if the subject's continued
employment places , a child is in danger of abuse or neglect ;
in such case, any person in a position to discover, prevent,
or protect the child from his abuse or neglect may be informed
of information gathered in the investigation prior to a
requested investigative hearing for the alleged perpetrator .
(6) The alleged perpetrator shall be notified of the
date, time, and place of any investigative hearing. Such
hearing shall not be open to the public.
(4)(7) The alleged perpetrator subject shall have the
following rights at any departmental investigative hearing:
a. The right to present his or her case himself or
herself or be represented by legal counsel or any other person
individual .
b. The right to present written evidence, oral
testimony, and witnesses.
c. The right to be provided by the department a short
and plain written statement of the matters asserted which will
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and plain written statement of the matters asserted which will
be presented at the hearing.
d. The right to review and copy at cost any written or
recorded statement made by the alleged perpetrator subject and
child to departmental personnel in the course of the child
abuse/ or neglect investigation. This In order to review or
copy statements under this paragraph, the subject must request
must be made prior to to do so before the date for the
hearing.
e. The right to review and copy at cost, before or
during the hearing, the written material and other evidence in
possession of the department which had been generated by,
relied on, received by, or reviewed by the department in the
course of the investigation will be placed into evidence at the
hearing .
f. The right to inspect and copy any exculpatory
evidence which that may be in the possession of departmental
investigators, and the right to be informed of such evidence
if known by departmental investigators before the hearing;
provided, that a request for such evidence is must be made at
least five working days prior to the date set for the hearing.
g. The right to review and copy at cost all
non-confidential nonconfidential department documents
pertinent to the case, including written policies and rights.
h. The right to cross-examine witnesses testifying at
the hearing.
i. The right to request issuance of subpoenas to
witnesses and compel attendance. This The subject must request
must be received such issuances no later than ten 10 calendar
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must be received such issuances no later than ten 10 calendar
days prior to the hearing, unless a shorter time is agreed
upon by the hearing officer.
j. The right to review and copy at cost all documents
in the official hearing file maintained by the hearing
officer.
k. The right to have a hearing officer appointed who
shall be disinterested, fair, and impartial.
(5)(8) The Department of Human Resources department or
its investigative hearing officers shall have the power and
authority to may issue subpoenas to compel attendance by and
production of documents from any witness. Subpoenas may be
served in the same manner as subpoenas issued out of any
circuit court. Where any witness has been summoned by the
Department of Human Resources subject, department , its
commissioner , or any of his or her agents , and the witness
refuses to appear, testify, or produce records or documents as
requested ;, then any circuit court in this state, or any judge
thereof, on application, may issue an attachment for such
person the witness and compel him or her to comply with such
the order and the court or judge shall have power to punish
for contempt in cases of disobedience of such an order.
(6)(9) The Department of Human Resources department
shall establish policies and written guidelines for the
conduct and procedures involved in an investigative hearing.
At such an investigative hearing, the fact that there was a
finding final order by a juvenile court judge or by a criminal
court that child abuse or neglect has occurred shall be
presumptive evidence that the report should be marked
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presumptive evidence that the report should be marked
indicated.
(7)(10) The hearing officer shall notify the alleged
perpetrator subject in writing of the hearing officer's
decision not later than 14 days after the hearing date .
(11) Results of investigative hearings:
a. If the hearing officer concludes that clear and
convincing evidence supports a final disposition that child
abuse and/or or neglect is "indicated," such indicated, the
department shall:
1. File the findings and evidence shall be filed with
the appropriate district attorney and other law enforcement
officials , as deemed necessary by which the department may
deem necessary ; and
2. Enter the final disposition into the central
registry, as provided in Section 26-14-7(e) .
b. The department may notify the subject's alleged
perpetrator's employer or licensing / or certifying agency or
group may also be notified of the "indicated" indicated
findings if the disclosure would prevent child abuse or
neglect . Such The notification shall be marked "Confidential"
and "To Be Used Only For The Purpose Of Discovery Or
Preventing Child Abuse." The department shall establish
written policies for notification of employers, prospective
employers , and licensing / or certifying agencies or groups.
(b) If any court of competent jurisdiction enters a
final order dismissing a criminal charge based on an
allegation of child abuse or neglect that was also subject to
an investigation by the department, the court shall notify the
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an investigation by the department, the court shall notify the
department of the dismissal. Upon receipt of the notification,
the department shall:
(1) Vacate any preliminary finding or final disposition
that the alleged child abuse or neglect is indicated;
(2) Immediately remove any reports or records relating
to the alleged child abuse or neglect from the central
registry and treat those reports or records as not indicated
for purposes of Section 26-14-8; and
(3) Promptly notify the subject that the finding has
been vacated and removed from the central registry.
(4) If a child was removed from the custody of a parent
or legal guardian based in whole or in part on the allegations
underlying the dismissed criminal charge, the department shall
file a motion for immediate reunification of the child and his
or her parent or legal guardian. The court shall order the
reunification unless the court finds, by clear and convincing
evidence, that the return of the child would present an
imminent risk of serious physical harm based on evidence
independent of the dismissed allegations. "
"§26-14-8
(a) For the purposes of this section, the following
words shall have the following meanings, respectively:
(1) INDICATED. When credible evidence and professional
judgment substantiates that an alleged perpetrator is
responsible for child abuse or neglect.
(2) NOT INDICATED. When credible evidence and
professional judgment does not substantiate that an alleged
perpetrator is responsible for child abuse or neglect.
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perpetrator is responsible for child abuse or neglect.
(b) The Department of Human Resources department shall
establish a statewide central registry for reports of child
abuse and neglect made pursuant to this chapter. The
department shall maintain information on the central registry
as follows:
(1) If a report of child abuse or neglect results in a
final disposition of indicated, the department shall include
the report on the central registry. A final disposition may
not be entered into the registry unless the preliminary
finding of indicated has been confirmed by an investigative
hearing as provided in Section 26-14-7.1, or the subject
waived his or her right to the investigative hearing.
(2) If, following a report and an investigation under
this chapter, child abuse or neglect is not indicated, the
department may not include the report or any related
information on the central registry.
(b) The central registry shall contain, but shall not
be limited to , the following information for reports of child
abuse and neglect with a final disposition of indicated :
(1) All information in the written report ;.
(2) Record A record of the final disposition of the
report, including services offered and services accepted ;.
(3) The names and identifying data, dates, and
circumstances of any persons requesting or receiving
information from the registry; provided, however, that
requests for information and responses where no report exists
may be destroyed after three years from the date of the
request ;.
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request ;.
(4) The plan for rehabilitative treatment ; and.
(5) Any other information which that might be helpful
in furthering the purposes of this chapter.
(c) The Department of Human Resources department shall
establish and enforce reasonable rules and regulations
governing the custody, use, and preservation of the reports
and records of child abuse and neglect. Child abuse and
neglect reports and records shall be limited to the purposes
for which they are furnished and by the provisions of law
under which they may be furnished. The reports and records of
child abuse and neglect and related information or testimony
shall be confidential , and. Reports and records of final
indicated dispositions of child abuse and neglect shall not be
used or disclosed for any purposes other than:
(1) To permit their use to prevent or to discover abuse
or neglect of children through the information contained
therein , except reports or records in cases determined to be
"not indicated" shall not be used or disclosed for purposes of
employment or other background checks ; or
(2) For investigation of child abuse or neglect by the
police or other law enforcement agency; or
(3) For use by a grand jury upon its determination that
access to such reports and records is necessary in the conduct
of its official business; or
(4) For use by a court where it finds that such the
information is necessary for the determination of an issue
before the court; or
(4)(5) For use by any person engaged in bona fide
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(4)(5) For use by any person engaged in bona fide
research who is authorized to have access to such the
information by the Commissioner commissioner of the department
of the Department of Human Resources ; or
(5)(6) For use by any person individual authorized by a
court to act as a representative for an abused or neglected
child who is the subject of a report; or
(6)(7) For use by a physician who has before him or her
a child whom hethe physician reasonably suspects may be abused
or neglected; or
(7)(8) For use by an attorney or guardian ad litem in
representing or defending a child or itsthe child's parents or
guardians in a court proceeding related to abuse or neglect of
the child; or
(8)(9) For use by federal, state, or local governmental
entities, social service agencies of another state, or any
agent of such those entities , having a need for the
information in order to carry out their responsibilities under
law to protect children from abuse and neglect; or
(9)(10) For use by child abuse citizen review or
quality assurance or multidisciplinary review panels; or
(10)(11) For use by child fatality review panels; or
(11)(12) For public disclosure of the findings or
information about the case of child abuse or neglect which has
resulted in a child fatality or near fatality . For the
purposes of this subdivision, ; the term "near fatality" means
an act that, as certified by a physician, places the child in
serious or critical condition. Information identifying any
individuals, other than the victim, may by name persons other
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individuals, other than the victim, may by name persons other
than the victim shall not be disclosed ; or.
(12) For purposes of employment, to
(d) The names of persons or information in the
investigative report placed on the state's central registry
which may be made available to the subject's alleged
perpetrator's employer, prospective employer, or others are
those cases that the Department of Human Resources or the
investigative hearing officer has determined child abuse or
neglect to be indicated .
(d)(1) (e) In the case of any child abuse or neglect
investigation which that the department or the investigative
hearing officer has is determined to be not indicated or
otherwise does not have a final disposition of indicated, no
record of the report of child abuse or neglect or any related
information may be:
a. Placed or maintained on the central registry;
b. Used or disclosed for purposes of employment or
other background checks; or
c. Otherwise disclosed, reported, or made available for
any purpose, including, but not limited to, for law
enforcement purposes "not indicated," the alleged perpetrator
may request after five years from the completion of the
investigation that his or her name be expunged from the
central registry so long as the Department of Human Resources
has received no further reports concerning the alleged
perpetrator during the five years, at which time the
department shall expunge the name .
(2) No later than 30 days after the effective date of
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(2) No later than 30 days after the effective date of
this act, the department shall remove any records or
information related to not indicated reports of child abuse or
neglect from the central registry. The department may not
require any subject to request expungement in order for his or
her records to be removed under this subsection.
(3) This subsection shall be retroactive and apply to
any not indicated reports of child abuse or neglect entered
before, on, or after the effective date of this act.
(e)(f) Nothing in this section shall may be construed
as restricting to restrict the ability of a the State
Department of Human Resources or a county department of human
resources to refuse to disclose identifying information
concerning the individual initiating a report or complaint
alleging suspected instances of child abuse or neglect, except
that the department may not refuse such a disclosure in cases
in which a court orders such the disclosure after the court
has reviewed, in camera, the record of the department related
to the report or complaint and has determined that itthe court
has reason to believe that the person individual making the
report knowingly made a false report.
(f)(g) Any person receiving reports or records of child
abuse or neglect or related information under this section
shall maintain the confidentiality of the documents and
information and not disclose itany document or information
except as authorized by law.
(g)(h) Any violation of the provision of
confidentiality shall be a Class A misdemeanor."
Section 2. Sections 26-14-7.3 and 26-14-8.1 are added
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Section 2. Sections 26-14-7.3 and 26-14-8.1 are added
to the Code of Alabama 1975, to read as follows:
§26-14-7.3
No later than March 1 of each year, the department
shall prepare and distribute a report to the chairs of the
House of Representatives Judiciary Committee, the House of
Representatives Children and Senior Advocacy Committee, the
Senate Judiciary Committee, and the Senate Children and Youth
Health Committee. The report shall detail the following
information for the previous calendar year:
(1) The number of investigative hearings made pursuant
to this article and the result of those hearings.
(2) The number of employees employed by the department
who are trained pursuant to Section 26-14-7.
(3) The number of children who are placed in the legal
custody of relatives or next of kin following an investigation
under this article, including a breakdown of how many of those
children were voluntarily placed with kin to prevent removal
or foster care placement.
(4) The number of children who are placed in the
custody of nonrelatives.
(5) The number of children who are reunified with their
parents or legal custodians disaggregated by age, the reason
for initial removal, the length of time the child was removed,
and the location of the child during the removal.
(6) The number of cases where an advanced pick-up order
was required for the removal of a child, disaggregated by the
age of the child and the reason the child was removed.
(7) The number of cases in which a child was removed
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(7) The number of cases in which a child was removed
without a pick-up order, disaggregated by the age of the child
and the reason for removal.
§26-14-8.1
(a) Reports and records of final indicated dispositions
of child abuse and neglect by the department shall not be
sufficient to establish probable cause for any criminal
warrant, and any evidence within the records or reports must
be corroborated by law enforcement in order to be used to
secure a criminal warrant. Reports and records of final
indicated dispositions of child abuse and neglect are not
admissible as evidence in any criminal case.
(b) No criminal warrant relying in whole or in part on
records or reports of the department's final indicated
disposition of child abuse or neglect may be served unless a
grand jury has returned an indictment for the charge.
Section 3. This act shall become effective on October
1, 2026.
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