§ 26-10E-19 — (Effective until January 1, 2026) Pre-placement and Post-Placement Investigations

Alabama § 26-10E-19

• Jurisdiction: Alabama
• Title 26: Infants and Incompetents
• Ch. 10E: Alabama Minor Adoption Code

Text

(a)(1) Except as provided in Sections 26-10E-19.1, 26-10E-26, and 26-10E-27, all minor adoptions shall include an investigation as provided under this section. 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 shall include, but is not limited to, all the following:
a. Letters of suitability, pursuant to Chapter 13 of Title 38, for each adult living in the home of the petitioner or petitioners based on the information available in this state and the petitioner’s place of residence if other than this state.
b. Child abuse and neglect clearances pursuant to the Adam Walsh Child Protection and Safety Act, Public Law 109-248, as amended, for all household members 14 years of age and older from any state in which any petitioner has resided in the preceding five years.
c. A printed copy of the search on the Dru Sjodin National Sex Offender Public Website for all household members 14 years of age and older.
d. The costs and expenses related to the adoption known or anticipated at the time of the pre-placement investigation.
e. Agency and social worker licenses.
f. Six reference letters, four of which are from individuals unrelated to the petitioner or petitioners by blood or marriage. The other two reference letters shall be from individuals related to the petitioner or petitioners by blood or marriage. If there are two petitioners, a member from each petitioner’s family shall submit a reference.
g. Medical reports on all individuals living in the home, and letters from prescribing doctors for any controlled substance prescriptions.
h. The financial worksheets for each petitioner for the previous tax year or a copy of the previous year’s tax returns.
i. Copies of each petitioner’s birth certificates and marriage licenses or marriage certificates.
j. Copies of any divorce decrees and settlement agreements pursuant to the divorce, if applicable.
k. Copies of any death certificates, if applicable.
l. The identity of who will perform the post-placement investigation.
m. A written biography of each petitioner, including medical and social history.
n. A home safety inspection indicating that the home of the petitioner or petitioners is safe for the adoptee’s residency.
o. Any custody orders:
1. Pertaining to the adoptee;
2. Pertaining to the petitioner or petitioners; or
3. Pertaining to both the adoptee and the petitioner or petitioners.
p. Any other requirement pursuant to Title 660 of the Alabama Administrative Code or any other rule adopted by the State Department of Human Resources.
q. Any additional information required by the court in its discretion.
(2) The court, in its discretion, may allow a deviation in the investigation requirements, for good cause shown, only as it relates to any household members 14 years of age and older. Good cause must be demonstrated on the record with, at minimum, an affidavit from the investigator as to why the deviation is warranted.
(b)(1) The pre-placement investigative report shall be filed with the court at the time of the filing of the petition for adoption. The information to be included in the pre-placement investigation shall be obtained within 12 months preceding the filing of the petition for adoption.
(2) Upon completion of the pre-placement investigation, the person or entity performing the investigation shall send a copy of the pre-placement investigative report to the petitioner or petitioners, except that the individual or entity performing the investigation may omit the reference letters from the copy of the pre-placement investigative report that is sent to the petitioner or petitioners.
(c) In cases when an adoptee has resided in the petitioner’s home prior to the filing of a petition for adoption, the information required in the pre-placement investigative report shall be included in the post-placement investigative report and cannot be waived.
(d)(1) In every adoption proceeding, after a child has been placed in the home of the petitioner or petitioners, the post-placement investigator shall 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. The individual or entity performing the investigation shall complete and file the post-placement investigative report with the court within 60 days from receipt of notice of the proceeding and shall deliver a copy of the post-placement investigative report to each petitioner’s attorney or to each petitioner appearing pro se. The post-placement investigative report shall include, but is not limited to, all of the following:
a. Full and updated physical medical evaluations of the adoptee.
b. Full and updated psychological and mental health evaluations of the adoptee, if applicable.
c. The circumstances resulting in the placement of the adoptee with the petitioners.
d. The status of adjustment of the adoptee in the home, including, but not limited to, the following:
1. The bonding of the adoptee to the household members.
2. The adoptee’s academic, social, and medical status.
e. Any counseling or therapeutic services involving the adoptee or petitioners, or both.
f. Any property or assets in which the adoptee has a financial interest or is otherwise entitled to receive in the future.
g. Any current orders issued by another court:
1. Pertaining to the adoptee;
2. Pertaining to the petitioner or petitioners; or
3. Pertaining to both the adoptee and the petitioner or petitioners.
h. Updated letters of suitability, pursuant to Chapter 13 of Title 38, 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.
i. Child abuse and neglect clearances pursuant to the Adam Walsh Child Protection and Safety Act, Public Law 109-248, as amended, for all household members 14 years of age and older from any state in which any petitioner has resided in the preceding five years.
j. A printed copy of the search on the Dru Sjodin National Sex Offender Public Website for all household members 14 years of age and older from any state in which any petitioners have resided.
k. Any additional information required by the court in its discretion.
(2) The court, in its discretion, may allow a deviation in the investigation requirements, for good cause shown, only as it relates to any household members 14 years of age and older. Good cause must be demonstrated on the record with, at minimum, an affidavit from the investigator as to why the deviation is warranted.
(e)(1) An individual or entity authorized to perform an investigation under subsection (h) who has not already performed an investigation for the pending adoption shall perform an investigation on any legal or putative parent of the adoptee in an adoption that is not a stepparent or relative adoption under Sections 26-10E-26 and 26-10E-27. This investigation shall include, but is not limited to, the medical and social history of the legal or putative parents as required by the form developed by the Alabama Probate Judges Association and the Alabama Law Institute.
(2) The individual or entity performing an investigation required by subdivision (1) shall submit the investigative report to the court within 60 days of the filing of the petition, and the individual or entity performing the investigation shall also deliver a nonidentifying copy of the report to the petitioner or petitioners.
(3) Notwithstanding subdivisions (1) and (2), the court may require additional information or accept the required information provided in a different format.
(f) Any prospective petitioner or petitioners may directly request an individual or entity listed under subsection (h) to initiate a pre-placement investigation.
(g) Upon a showing of good cause and after notice to the petitioners, the court may grant extensions of time to the individual or entity performing any investigation under this section to file an investigative report. The final judgment of adoption shall not be rendered until such time as all required investigative reports are completed, filed, and determined by the court to be sufficient.
(h) Any investigation required under this section shall be performed by one of the following:
(1) The State Department of Human Resources.
(2) A licensed child-placing agency.
(3) A social worker licensed by the Alabama Board of Social Work Examiners who is also certified by the Alabama Board of Social Work Examiners for private independent practice in the social casework specialty, as provided in Section 34-30-3.
(4) An individual or agency in the petitioner’s residential state that is authorized by that state to perform such investigations.
(i) Notwithstanding subsection (h), the court on its own motion may order any investigation under this section be performed by an agency or individual other than the agency placing the adoptee when the court has cause to believe the investigation is insufficient.
(j) When an investigation has been conducted, the investigative report shall not be conclusive but may be considered along with other evidence.
(k) 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 interest of the adoptee.
(l) If applicable to the adoption, the court shall ensure compliance with the Interstate Compact on the Placement of Children, Article 2, Chapter 2 of Title 44. 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.

Legislative History

(Act 2023-92, §1; Act 2024-290, §1(b)(4); Act 2025-407, §1.)