By Jacy Fisher
Alabama’s Department of Human Resources (DHR) has adopted a significant amendment to its due process procedures in child abuse and neglect (CA/N) investigations, effective June 14, 2025. The change—codified in Rule 660-5-34-.08—broadens the rights of individuals accused of abuse or neglect by ensuring they receive notice and an opportunity to contest the findings.
Previously, only individuals in caregiver roles or those working with children or vulnerable adults were entitled to a hearing to challenge an indicated finding. Under the 2025 amendment, DHR must now offer either an administrative hearing or a record review to any person aged 14 or older who has been found responsible for abuse or neglect—even if they are not in a caregiving or professional role. If the individual is not initially entitled to a hearing but goes through a record review, and the “indicated” finding is upheld, they can then request an administrative hearing within 10 working days of receiving that decision.
Why This Matters
An indicated CA/N finding has long-term consequences. Placement on the Central Registry can limit employment and volunteering opportunities, affect custody proceedings, or damage a person’s reputation and standing in the community. This policy change is a major step toward greater transparency and fairness in DHR investigations—and it brings Alabama more in line with national best practices for due process in administrative child welfare findings. The push for this policy change has been strongly supported by parents who have faced false accusations of abuse—most notably, advocates like Joshua and Candace Odom.
But There’s a Problem: No Relief for the Past
Unfortunately, the new rule does not apply retroactively. That means individuals who were indicated before June 14, 2025, and were never offered a hearing—even if the finding impacted their lives significantly—are left without recourse under this new policy. This creates a troubling divide: two people with similar facts could be treated very differently depending on when their case was closed. In my experience, allowing a parent the opportunity to present evidence and testify at a hearing can make a profound difference in the outcome. For those who lost job opportunities, were denied professional licenses, or had their reputations permanently damaged based on a DHR indication, this policy offers no second chance.
What You Can Do
If you recently received notice of an indicated CA/N finding:
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- Act quickly – You have 10 working days to request a hearing or record review in writing.
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- Consult an attorney – Legal guidance is crucial for protecting your rights and navigating DHR’s administrative process.
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- Keep documentation – Note the exact date you received the notice and maintain copies of all correspondence.
We are honored that our senior associate, Jacy Fisher, was featured in this WKRG News 5 investigation alongside the courageous Odom family. Jacy has had the privilege—though not without deep emotional weight—of representing the Odoms as they’ve navigated Alabama’s deeply flawed child abuse registry system.
In Alabama, it is alarmingly easy to be listed on the child abuse registry—and nearly impossible to be removed—even when no abuse occurred. Our families deserve a system that values fairness, accountability, and due process. Click below to check out the investigation broadcast.
