For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:
(1) ABUSE. Harm or threatened harm to a child’s health or welfare. Harm or threatened 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 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.
(2) NEGLECT. Negligent treatment or maltreatment of a child, including the failure to provide adequate food, medical treatment, supervision, clothing, or shelter.
(3) CHILD. Either of the following:
a. A person under the age of 18 years.
b. A person under the age of 19 years who is in need of protective services and does not qualify for adult protective services under Chapter 9 of Title 38.
(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; or any person, organization, corporation, group, or agency authorized and designated by the Department of Human Resources 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.
(Acts 1975, No. 1124, p. 2213, §1; Acts 1981, No. 81-615, p. 1031; Acts 1981, No. 81-789, p. 1387; Acts 1993, 1st Ex. Sess., No. 93-890, p. 162, §2; Act 2019-447, §1.)
Notes of Decisions
Ross v. State of Alabama, 15 F. Supp. 2d 1173 (M.D. Ala. 1998).
· cites it 22× “) Plaintiffs allege that none of the requirements of Alabama Code § 26-14-1, et seq., nor DHR regulations and procedures were complied with prior to the Plaintiff minor children being taken into the custody of Plaintiff Debbie Woods.”
Ankrom v. State, 152 So. 3d 397 (Ala. 2013).
· cites it 4× “She cites § 26-14-1(2), Ala.Code 1975, which defines “child” as “[a] person under the age of 18 years,” and § 26-16-91(2), Ala.”
Huntsville City Bd. of Educ. v. Jacobs, 194 So. 3d 929 (Ala. Civ. App. 2014).
· cites it 4× “have abused a child under Ala.Code 1975, § 26-14-1 et seq., which defines "abuse" and provides for the reporting of suspected abuse.”
Foy v. Holston, 94 F.3d 1528 (11th Cir. 1996).
“” Ala.Code § 26-14-1.) And, DHR is authorized to take a child into protective custody initially without the consent of the child’s parents if the circumstances are such that continuing custody with the parents presents an imminent danger to the child’s life or health.”
Ankrom v. State, 152 So. 3d 373 (Ala. Crim. App. 2011).
“§ 26-14-1(3), Ala.Code 1975; § 26-16-2(1), Ala.”
Benefield Ex Rel. Benefield v. Bd. of Trs. of the Univ. of Alabama at Birmingham, 214 F. Supp. 2d 1212 (N.D. Ala. 2002).
· cites it 2× “Thus, the plaintiffs allegation that reporting under § 26-14-1, et seq., would have caused an investigation and that investigation “would have demonstrated the abuse, identified some of the perpetrators, caused the parents to remove their child from that environment and…”
Graham v. State, 210 So. 3d 1148 (Ala. Crim. App. 2016).
“See § 26-14-1, Ala.Code 1975. This may include a willful denial of medical care.”
Love v. Davis, 14 F. Supp. 2d 1273 (N.D. Ala. 1998).
· cites it 2× “2 The principal thrust of plaintiff argument is that Alabama’s Child Abuse Reporting Act, as amended, Ala. Code §§ 26-14-1 et seq. (1975) (“CARA”), entitled Davis to receive protective services from the state and that the state, through its agents, wrongfully deprived her of…”
Woods v. State, 724 So. 2d 40 (Ala. Crim. App. 1998).
“See § 26-14-1, Ala. Code 1975. This may include a willful denial of medical care.”
Horace Mann Ins. v. McGee, 840 F. Supp. 875 (M.D. Ala. 1994).
“Finally, the Doe Defendants argue that the Intentional Damages clause does not operate to exclude coverage for their claims that Defendant McGee negligently failed to comply with a state statute requiring school teachers to report known or suspected incidents of child abuse.”
T.D.T. v. State, 745 So. 2d 885 (Ala. Crim. App. 1998).
“” “Abuse” is defined as “[h]arm or threatened harm to a child’s health or welfare. Harm or threatened 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…”
Hicks v. State, 153 So. 3d 53 (Ala. 2014).
“Next, Hicks argues that the legislature’s intended definition of the word “child” as that term is used in the chemical-endangerment statute can be discerned from the legislature’s use of the word in the surrounding chapters of the Alabama Code, which define the word “child” as…”
— Ala. Code § 26-14-1(1) — 3 cases
Huntsville City Bd. of Educ. v. Jacobs, 194 So. 3d 929 (Ala. Civ. App. 2014).
“have abused a child under Ala.Code 1975, § 26-14-1 et seq., which defines "abuse" and provides for the reporting of suspected abuse.”
T.D.T. v. State, 745 So. 2d 885 (Ala. Crim. App. 1998).
“” “Abuse” is defined as “[h]arm or threatened harm to a child’s health or welfare. Harm or threatened 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…”
— Ala. Code § 26-14-1(2) — 1 case
Ankrom v. State, 152 So. 3d 397 (Ala. 2013).
“She cites § 26-14-1(2), Ala.Code 1975, which defines “child” as “[a] person under the age of 18 years,” and § 26-16-91(2), Ala.”
— Ala. Code § 26-14-1(3) — 3 cases
Ankrom v. State, 152 So. 3d 397 (Ala. 2013).
“She cites § 26-14-1(2), Ala.Code 1975, which defines “child” as “[a] person under the age of 18 years,” and § 26-16-91(2), Ala.”
Ankrom v. State, 152 So. 3d 373 (Ala. Crim. App. 2011).
“§ 26-14-1(3), Ala.Code 1975; § 26-16-2(1), Ala.”
Hicks v. State, 153 So. 3d 53 (Ala. 2014).
“Next, Hicks argues that the legislature’s intended definition of the word “child” as that term is used in the chemical-endangerment statute can be discerned from the legislature’s use of the word in the surrounding chapters of the Alabama Code, which define the word “child” as…”
— Ala. Code § 26-14-1(4) — 1 case
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