Article 1 Child Abuse and Neglect Prevention 26-16-1 – 26-16-13
Article 2 Children’s Trust Fund 26-16-30 – 26-16-33
Article 3 Multi-disciplinary Child Protection Teams 26-16-50 – 26-16-53
Article 4 Alabama Network of Children’s Advocacy Centers 26-16-70 – 26-16-73
Article 5 Child Death Review Teams 26-16-90 – 26-16-99
Article 6 Sudden Unexplained Infant Death Investigation Act 26-17-101 – 26-16-115

Terms Used In Alabama Code > Title 26 > Chapter 16

  • acronyms: The acronyms as used herein are as follows:

    a. See Alabama Code 41-8A-1

  • adulterated: Any carcass, part thereof, meat or meat food product or poultry food product is adulterated under one or more of the following circumstances:

    a. See Alabama Code 2-17-1

  • ANIMAL FOOD MANUFACTURER: Any person, firm or corporation engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses or other parts or products of the carcasses of cattle, sheep, swine, goats, horses, mules or other equines or poultry. See Alabama Code 2-17-1
  • APPRENTICESHIP AGREEMENT: A written agreement between an apprentice and either the apprentice's program sponsor or an apprenticeship committee acting as agent for the program sponsor, which contains the terms and conditions of the employment and training of the apprentice in conformance with 29 C. See Alabama Code 41-29-341
  • Articles of incorporation: include amended and restated articles of incorporation and, in the case of a corporation existing on January 1, 1981, its certificate of incorporation, including any amended certificate, and also include, except where the context otherwise requires, articles of merger. See Alabama Code 10A-2-1.40
  • association: Includes, but is not limited to, an unincorporated nonprofit association as defined in Chapter 17 and an unincorporated professional association as defined in Article 1 of Chapter 30. See Alabama Code 10A-1-1.03
  • BUSINESS TRUST: A business trust as defined in Chapter 16. See Alabama Code 10A-1-1.03
  • CAPABLE OF USE AS HUMAN FOOD: Any carcass, or part or product of a carcass of any animal is capable of use as human food, unless it is denatured or otherwise identified as required by regulations prescribed by the commissioner to deter its use as human food or it is naturally inedible by humans. See Alabama Code 2-17-1
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • CENTRAL OFFICE: The ALEPA office in Montgomery, Alabama. See Alabama Code 41-8A-1
  • CERTIFICATE OF DISSOLUTION: Any document such as a certificate of dissolution, statement of dissolution, or articles of dissolution, required or permitted to be filed publicly with respect to an entity's dissolution and winding up of its business, activity, activities, not for profit activity, or affairs. See Alabama Code 10A-1-1.03
  • child: A person under 18 years of age. See Alabama Code 26-16-2
  • CHILD ABUSE: Harm or threatened harm to a child's health or welfare by a person responsible for the child's health or welfare, which harm occurs or is threatened through nonaccidental physical or mental injury; sexual abuse, which includes a violation of any provision of Article 4, Chapter 6, Title 13A. See Alabama Code 26-16-2
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • combination: Such term, as applied to state agencies or departments or units of local government, means any grouping or joining together of such state agencies, departments or units for the purpose of preparing, developing or implementing a law enforcement plan. See Alabama Code 41-8A-1
  • Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See Alabama Code 7-2A-103
  • commissioner: The Commissioner of Agriculture and Industries of the State of Alabama or his duly authorized representative. See Alabama Code 2-17-1
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 2-1-1
  • comprehensive: The plan must be a total and integrated analysis of the problems regarding the law enforcement and criminal justice system within the State of Alabama; goals, priorities and standards must be established in the plan and the plan must address methods, organization and operation performance, physical and human resources necessary to accomplish crime prevention, identification, detection and apprehension of suspects, adjudication, custodial treatment of suspects and offenders and institutional and noninstitutional rehabilitative measures. See Alabama Code 41-8A-1
  • Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed $100,000. See Alabama Code 7-2A-103
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 2-1-1
  • CULTURAL COMPETENCY: The ability of an individual or organization to understand and act respectfully toward, in a cultural text, the beliefs, interpersonal styles, attitudes, and behaviors of persons and families of various cultures, including persons and families of various cultures who participate in services from the individual or organization and persons of various cultures who provide services for the individual or organization. See Alabama Code 26-16-2
  • delivery: means any method of delivery used in conventional commercial practice, including delivery by hand, mail, commercial delivery, and, if authorized in accordance with Section 10A-2A-1. See Alabama Code 10A-2A-1.40
  • department: The Department of Child Abuse and Neglect Prevention. See Alabama Code 26-16-2
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distribution: means a direct or indirect transfer of money or other property, except its own shares, or incurrence of indebtedness by a corporation to or for the benefit of any one or more of its shareholders in respect of any of its shares. See Alabama Code 10A-2-1.40
  • Document: means a writing as defined in Chapter 1. See Alabama Code 10A-2A-1.40
  • domestic: With respect to an entity, that the entity is formed and exists pursuant to this title. See Alabama Code 10A-1-1.03
  • domestic corporation: means a business corporation, which is not a foreign corporation, incorporated under or subject to the provisions of this chapter. See Alabama Code 10A-2-1.40
  • Donor: The person who makes a gift.
  • electronic: Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 10A-1-1.03
  • ELIGIBLE EMPLOYER: As defined in Section 40-18-421. See Alabama Code 41-29-341
  • Eligible entity: means an unincorporated entity, foreign unincorporated entity, nonprofit corporation, or foreign nonprofit corporation. See Alabama Code 10A-2A-1.40
  • Employee: includes an officer but not a director. See Alabama Code 10A-2-1.40
  • Employee: includes an officer, but not a director. See Alabama Code 10A-2A-1.40
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entity: includes corporation and foreign corporation; nonprofit corporation; for profit and nonprofit association; business trust; estate; partnership; limited liability company; trust; and two or more persons having a joint or common economic interest; and state, United States, and foreign government. See Alabama Code 10A-2-1.40
  • Ex officio: Literally, by virtue of one's office.
  • FEDERAL MEAT INSPECTION ACT: The act so entitled, approved May 4, 1907 (34 Stat. See Alabama Code 2-17-1
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • firm: Any partnership, association or other unincorporated business organization. See Alabama Code 2-17-1
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • foreign corporation: as used in this division , shall mean:

    (1) Any bank or other corporation now or hereafter organized or existing under the laws of any state of the United States other than the State of Alabama; and

    (2) Any national banking association or other corporation organized under the laws of the United States having its principal place of business in any state of the United States other than Alabama. See Alabama Code 10A-2-15.40

  • Foreign corporation: means a business corporation incorporated under a law other than the law of this state. See Alabama Code 10A-2-1.40
  • Foreign nonprofit corporation: means a corporation incorporated under a law other than the law of this state which would be a nonprofit corporation if incorporated under the law of this state. See Alabama Code 10A-2A-1.40
  • GENERAL PARTNERSHIP: A partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Section 7-2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Alabama Code 7-2A-103
  • Governing statute: means the statute governing the internal affairs of a corporation, foreign corporation, nonprofit corporation, foreign nonprofit corporation, unincorporated entity, or foreign unincorporated entity. See Alabama Code 10A-2A-1.40
  • IMMEDIATE CONTAINER: Any consumer package or any other container in which meat food products or poultry food products, not consumer packaged, are packed. See Alabama Code 2-17-1
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • inspector: An employee or official of the State of Alabama authorized by the commissioner or any employee or official of the government of any county or other governmental subdivision of this state authorized by the commissioner to perform any inspection functions under this chapter under an agreement between the commissioner and such governmental subdivision. See Alabama Code 2-17-1
  • Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent. See Alabama Code 7-2A-103
  • Inter vivos: Transfer of property from one living person to another living person.
  • INTRASTATE COMMERCE: Commerce within this state. See Alabama Code 2-17-1
  • Juror: A person who is on the jury.
  • label: A display of written, printed or graphic material upon the immediate container (not including package liners) of any article. See Alabama Code 2-17-1
  • labeling: All labels and other written, printed or graphic matter upon any article or any of its containers or wrappers or accompanying such article. See Alabama Code 2-17-1
  • Law clerk: Assist judges with research and drafting of opinions.
  • Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Alabama Code 7-2A-103
  • Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. See Alabama Code 7-2A-103
  • Lease contract: means the total legal obligation that results from the lease agreement as affected by this article and any other applicable rules of law. See Alabama Code 7-2A-103
  • Legatee: A beneficiary of a decedent
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lessee: means a person who acquires the right to possession and use of goods under a lease. See Alabama Code 7-2A-103
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See Alabama Code 7-2A-103
  • LICENSING AUTHORITY: An agency, board, commission, or other office with the authority to require occupational fees or issue licensing requirements for practice of an apprenticeable occupation. See Alabama Code 41-29-341
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 10A-1-1.03
  • LIMITED LIABILITY PARTNERSHIP: A limited liability partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • LIMITED PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • LOCAL COUNCIL: An organization which meets the criteria described in Section 26-16-10. See Alabama Code 26-16-2
  • MEAT BROKER: Any person, firm or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products of cattle, sheep, swine, goats, horses, mules or other equines or poultry on commission or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person, firm or corporation. See Alabama Code 2-17-1
  • MEAT FOOD PRODUCT: Any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, goats or poultry, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry and which are exempted from definition as a meat food product by the commissioner under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products. See Alabama Code 2-17-1
  • Merchant lessee: means a lessee that is a merchant with respect to goods of the kind subject to the lease. See Alabama Code 7-2A-103
  • METROPOLITAN AREA: A standard metropolitan statistical area as established by the Bureau of the Budget of the United States, subject, however, to such modifications and extensions as the Law Enforcement Assistance Administration may determine to be appropriate from time to time. See Alabama Code 41-8A-1
  • misbranded: Any carcass, part thereof, meat or meat food product or poultry or poultry food product is misbranded under one or more of the following circumstances:

    a. See Alabama Code 2-17-1

  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • neglect: Harm to a child's health or welfare by a person responsible for the child's health or welfare which occurs through negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care. See Alabama Code 26-16-2
  • NONPROFIT ASSOCIATION: An unincorporated nonprofit association as defined in Chapter 17. See Alabama Code 10A-1-1.03
  • OFFICIAL CERTIFICATE: Any certificate prescribed by regulations of the commissioner for issuance by an inspector or other person performing official functions under this chapter. See Alabama Code 2-17-1
  • OFFICIAL DEVICE: Any device prescribed or authorized by the commissioner for use in applying any official mark. See Alabama Code 2-17-1
  • OFFICIAL ESTABLISHMENT: Any establishment as determined by the commissioner at which inspection of the slaughter of livestock or poultry or the preparation of meat food products or poultry food products is maintained under the authority of this chapter. See Alabama Code 2-17-1
  • OFFICIAL INSPECTION LEGEND: Any symbol prescribed by regulations of the commissioner showing that an article was inspected and passed in accordance with this chapter. See Alabama Code 2-17-1
  • OFFICIAL MARK: The official inspection legend or any other symbol prescribed by regulations of the commissioner to identify the status of any article or animal under this chapter. See Alabama Code 2-17-1
  • organization: A nonprofit organization or a public agency which provides or proposes to provide child abuse and neglect prevention, early intervention services, or parent education. See Alabama Code 26-16-2
  • Organizational documents: means the public organic record and private organizational documents of a corporation, foreign corporation, or eligible entity. See Alabama Code 10A-2A-1.40
  • partnership: Includes a general partnership, a limited liability partnership, a foreign limited liability partnership, a limited partnership, a foreign limited partnership, a limited liability limited partnership, and a foreign limited liability limited partnership. See Alabama Code 10A-1-1.03
  • person: An individual, a partnership, a corporation or two or more individuals having a joint or common interest. See Alabama Code 2-1-1
  • poultry: Any live or slaughtered domesticated bird. See Alabama Code 2-17-1
  • POULTRY FOOD PRODUCT: Any poultry carcass or any part thereof or any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of poultry, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry and which are exempted from definition as a poultry food product by the commissioner under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as poultry food products. See Alabama Code 2-17-1
  • prepared: Slaughtered, canned, salted, rendered, boned, cut up or otherwise manufactured or processed. See Alabama Code 2-17-1
  • Present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. See Alabama Code 7-2A-103
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • PREVENTION PROGRAM: A system of direct provision of child abuse and neglect prevention services to a child, parent, or guardian. See Alabama Code 26-16-2
  • Principal office: means the office, in or out of this state, so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located. See Alabama Code 10A-2-1.40
  • Private organizational documents: means (i) the bylaws of a corporation, foreign corporation, nonprofit corporation, or foreign nonprofit corporation, or (ii) the rules, regardless of whether in writing, that govern the internal affairs of an unincorporated entity or foreign unincorporated entity, are binding on all its interest holders, and are not part of its public organic record, if any. See Alabama Code 10A-2A-1.40
  • property: Includes all property, whether real, personal, or mixed, or tangible or intangible, or any right or interest therein. See Alabama Code 10A-1-1.03
  • PUBLIC AGENCY: Any state agency or state department or unit of local government, combination of such state agencies, departments or units or any department, agency or instrumentality of any of the foregoing described state agencies, units or departments within the State of Alabama. See Alabama Code 41-8A-1
  • Public organic record: means (i) the certificate of incorporation of a corporation, foreign corporation, nonprofit corporation, or foreign nonprofit corporation, or (ii) the document, if any, the filing of which is required to create an unincorporated entity or foreign unincorporated entity, or which creates the unincorporated entity or foreign unincorporated entity and is required to be filed. See Alabama Code 10A-2A-1.40
  • REGIONAL BOARDS: The regional advisory planning boards and the high crime commission's advisory board. See Alabama Code 41-8A-1
  • renderer: Any person, firm or corporation engaged in the business of rendering carcasses or parts or products of the carcasses of cattle, sheep, swine, goats, horses, mules or other equines or poultry, except rendering conducted under inspection under this chapter. See Alabama Code 2-17-1
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • SAFE STREETS ACT: The Omnibus Crime Control and Safe Streets Act of 1968, as amended. See Alabama Code 41-8A-1
  • Secretary: means the corporate officer to whom the board of directors has delegated responsibility under Section 10A-2-8. See Alabama Code 10A-2-1.40
  • Secretary: means the corporate officer to whom the board of directors has delegated responsibility under Section 10A-2A-8. See Alabama Code 10A-2A-1.40
  • Service of process: The service of writs or summonses to the appropriate party.
  • Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Alabama Code 10A-2-1.40
  • Shares: means the units into which the proprietary interests in a corporation are divided. See Alabama Code 10A-2-1.40
  • SHIPPING CONTAINER: Any container used or intended for use in packaging the product packed in an immediate container. See Alabama Code 2-17-1
  • state: The State of Alabama and all political subdivisions thereof. See Alabama Code 41-8A-1
  • STATE BOARD: The Alabama Law Enforcement Planning Agency's State Supervisory Board. See Alabama Code 41-8A-1
  • STATE BOARD: The State Child Abuse and Neglect Prevention Board created in Section 26-16-3. See Alabama Code 26-16-2
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Alabama Code 7-2A-103
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • treatment: Such term includes, but is not limited to, medical, educational, social, psychological and vocational services, corrective and preventive guidance and training and other rehabilitative services designed to protect the public and benefit the addict or other user by eliminating his dependence on addicting or other drugs or by controlling his dependence, his susceptibility to addiction or use. See Alabama Code 41-8A-1
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • TRUST FUND: The Children's Trust Fund established in the State Treasury. See Alabama Code 26-16-2
  • trustee: A person who serves as a trustee of a trust, including a real estate investment trust. See Alabama Code 10A-1-1.03
  • Type of entity: means a generic form of entity: (i) recognized at common law; or (ii) formed under a governing statute, regardless of whether some entities formed under that law are subject to provisions of that law that create different categories of the form of entity. See Alabama Code 10A-2A-1.40
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Unincorporated entity: means an organization or artificial legal person that either has a separate legal existence or has the power to acquire an estate in real property in its own name and that is not any of the following: a corporation, foreign corporation, nonprofit corporation, foreign nonprofit corporation, a series of a limited liability company or of another type of entity, an estate, a trust, a state, United States, or foreign government. See Alabama Code 10A-2A-1.40
  • United States: includes any district, authority, bureau, commission, department, and any other agency of the United States. See Alabama Code 10A-2A-1.40