(a) A pre-placement investigation shall be completed to determine the suitability of each petitioner and the home in which the adoptee will be placed. The pre-placement investigation shall include a criminal background investigation and any other circumstances which might be relevant to the placement of an adoptee with the petitioner or petitioners. The investigation must include, but is not limited to, all the following:
Terms Used In Alabama Code 26-10E-19
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
Probate: Proving a will
property: includes both real and personal property. See Alabama Code 1-1-1
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1
(1) Letters of suitability for each adult living in the home of the petitioner or petitioners based on the information available in this state or the petitioner’s place of residence if other than this state. For the purposes of this section, the term “letters of suitability” refers to the Federal Bureau of Investigation and the State Bureau of Investigation clearances.(2) Child abuse and neglect clearances pursuant to the Adam Walsh Act, Public Law 109-248, for all household members 14 years of age and older from any state in which any petitioner has resided for five years or more.(3) The anticipated costs and expenses related to the adoption.(4) Any agency and social worker licenses.(5) Six reference letters, four unrelated to the petitioner or petitioners by blood or marriage and two related to the petitioner or petitioners by blood or marriage. If there are two petitioners, one related reference letter shall be written by a member of each petitioner’s family.(6) Medical reports on all individuals living in the home, and letters from any prescribing doctors for any controlled substance prescriptions.(7) The financial worksheets for each petitioner for the previous tax year or a copy of the previous year’s tax returns.(8) Copies of each petitioner’s birth certificates and marriage licenses.(9) Copies of current pet vaccinations.(10) Copies of any divorce decrees, if applicable.(11) Copies of any death certificates, if applicable.(12) Verification of who will do supervisory visits, if applicable.(13) A written biography of each petitioner, including medical and social history.(14) A home safety inspection indicating that the home of the petitioner or petitioners is safe for the adoptee’s residency.(15) Any other requirement pursuant to Title 660 of the Alabama Administrative Code or any other rule adopted by the Department of Human Resources.(b) An individual or married couple may initiate a pre-placement investigation by request through either of the following individuals:
(1) Anyone authorized in the jurisdiction in which the petitioner or petitioners reside.(2) Anyone approved by the probate court under the qualifications of subsection (f) to perform the pre-placement investigation.(c) Notwithstanding subdivision (b)(1), the court on its own motion may order the pre-placement investigation be performed by an agency or individual other than the agency placing the adoptee.(d) Upon completion of the pre-placement investigation, a copy of the pre-placement investigative report shall be sent to the petitioner or petitioners. The pre-placement investigative report is to be filed with the court at the time of the filing of the petition for adoption unless the court grants leave to file the report after the filing of the petition for good cause shown on the record. The pre-placement investigation must be performed within 12 months of the filing of the petition for adoption.(e) No judgment for the adoption of any adoptee shall be entered until a full post-placement investigative report has been completed and filed with the court concerning all of the following:
(1) Why the biological parents or legal parents, if living, desire to be relieved of the care, support, and guardianship of the adoptee.(2) Whether the biological parents or legal parents have abandoned the adoptee or are otherwise unsuited to have custody of the adoptee.(3) Any orders, judgments, or decrees affecting the custody of the adoptee or any children of any petitioner as can be determined by a due diligence search.(4) Any property owned by the adoptee.(5) The updated medical and mental health histories of the adoptee. These documents shall also be provided to the petitioner or petitioners in writing before the final decree is entered.(6) The updated medical and mental health histories of the adoptee’s biological parents.(7) Any other circumstances which may be relevant to the placement of the adoptee with the petitioner or petitioners.(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 Public Registry.(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. Proof of compliance is determined by the authorized signatures of the sending and receiving states on the Interstate Compact on the Placement of Children Request Form.(f) The required pre-placement and post-placement investigations must be performed by one of the following:
(1) The Department of Human Resources.(2) A licensed child placing agency.(3) A social worker licensed by the State Board of Social Work Examiners who is also certified by the State Board of Social Work Examiners for private independent practice in the social casework specialty, as provided in Section 34-30-3.(g) Notwithstanding subdivision (f), the court on its own motion may order the post-placement investigation be performed by an agency or individual other than the agency placing the adoptee when the court has cause to believe the post-placement investigation is insufficient.(h) In every adoption proceeding, after a child has been placed in the home of the petitioner or petitioners, the post-placement investigator must observe the adoptee and interview each petitioner in his or her home as soon as possible after notice of the placement but within 45 days after the placement.(i) The investigator shall complete and file the pre-placement written investigative report with the court within 60 days from receipt of notice of the proceeding and shall deliver a copy of the pre-placement investigative report to each petitioner’s attorney or to each petitioner appearing pro se. The pre-placement investigative report shall include a verification of all allegations of the petition. The pre-placement investigative report shall include sufficient facts for the court to determine whether there has been compliance with consent or relinquishment provisions of this chapter. The post-placement investigative report shall include all the information enumerated within subdivisions (a)(1) through (a)(10) that was not obtained in the pre-placement investigation required under subsection (a). The post-placement investigative report shall be submitted in a form developed by the Department of Human Resources in conjunction with the Alabama Probate Judges Association and the Alabama Law Institute.(j) Upon a showing of good cause and after notice to the petitioners, the court may grant extensions of time to the investigator to file an investigative report. Notwithstanding this extension of time, the pre-placement and post-placement investigative reports must be filed prior to the entry of the final judgment.(k) Notwithstanding this section, no investigations shall be required for those adoptions under Sections 26-10E-26 and 26-10E-27 unless ordered by the court or otherwise required by Article 8 of Section 44-2-20.(l) When an investigation has been conducted, the investigatory report shall not be conclusive but may be considered along with other evidence.(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.
