Section 26-10E-19.1 (Effective January 1, 2026) Investigations for Adoption of Children in Permanent Custody of State Department of Human Resources.

(a)(1) If an adoptee is in the permanent custody of the State Department of Human Resources, no judgment for adoption of the adoptee may be entered until the investigative report under this section has been completed and filed with the court. The investigation shall include, but is not limited to, all of 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. 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 by blood or marriage. If there are two petitioners, a member from each petitioner’s family shall submit a reference letter. e. Medical reports on all individuals living in the home and letters from prescribing doctors for any controlled substance prescriptions. f. The financial worksheets for each petitioner for the previous tax year or a copy of the previous year’s tax returns. g. Copies of each petitioner’s birth certificate and marriage licenses or marriage certificates. h. Copies of any divorce decrees and settlement agreements pursuant to the divorce, if applicable. i. Copies of any death certificates, if applicable. j. A written biography of each petitioner, including medical and social history. k. A home safety inspection indicating that the home of the petitioner or petitioners is safe for the adoptee’s residency. l. 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. m. The updated medical and mental health histories of the adoptee. This information shall also be provided to the petitioner or petitioners prior to the final judgment of adoption being entered. n. The medical and mental health histories of the adoptee’s biological parents, if their identities are known. A nonidentifying copy of this information shall be delivered to the petitioner or petitioners. o. Any property or assets in which the adoptee has a financial interest or is otherwise entitled to receive in the future. p. Any other circumstances that may be relevant to the placement of the adoptee with the petitioner or petitioners. q. Any other requirement pursuant to Title 660 of the Alabama Administrative Code or any other rule adopted by the State Department of Human Resources. r. 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) The investigative report shall be submitted in a form developed by the State Department of Human Resources in conjunction with the Alabama Probate Judges Association and the Alabama Law Institute. The investigative report shall be filed with the court prior to the hearing on the final judgment of adoption. The investigative report shall contain information obtained within 12 months preceding the hearing on the final judgment of adoption. (c) No report of fees and charges under Section 26-10E-22 shall be made unless ordered by the court. (d) The required investigation shall be performed by the State Department of Human Resources. (e) When an investigation has been conducted, the investigative report shall not be conclusive but may be considered along with other evidence. (f) The court may order the appointment of a court representative to investigate and evaluate any matters relating to adoption, including the best interest of the adoptee. (g) 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.