6-7-103
Section 6-7-103 Action for improper appointment of guardians ad litem; statute of limitations
thereon; liability for suggestion of appointment by plaintiff, etc. (a) Any judge, register,
clerk, or other officer who shall knowingly appoint any person as guardian ad litem for any
infant or non compos mentis in violation of the provisions of the Alabama Rules of Civil Procedure,
shall be liable to a penalty of $200, which may be recovered by such infant or non compos
mentis, or his next friend suing for him, in an action in any court having jurisdiction of
civil actions for such amount. Such a claim shall not be barred by the statute of limitations
until after two years after the arrival of the infant at the age of 19 years or the restoration
of the non compos mentis to sanity. (b) Any plaintiff or petitioner, his attorney, or counsel,
or any person for him who shall suggest or nominate a guardian ad litem in any action commenced
by such plaintiff or petitioner shall be liable to the same...
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12-15-127
Section 12-15-127 Release, delivery to detention or shelter care facility, medical facility
of children taken into custody generally. (a) A person taking a child into custody without
an order of the juvenile court shall, with all possible speed, and in accordance with this
chapter and the rules of court pursuant thereto: (1) Release the child to the parents, legal
guardian, or legal custodian of the child or other suitable person able to provide supervision
and care for the child and issue verbal counsel and warning as may be appropriate. (2) Release
the child to the parents, legal guardian, or legal custodian of the child upon his or her
promise to bring the child before the juvenile court when requested, unless the placement
of the child in detention or shelter care appears required. If a parent, legal guardian, or
other legal custodian fails, when requested, to bring the child before the juvenile court
as provided in this section, the juvenile court may issue an order directing that...
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12-15-207
Section 12-15-207 Filing of petition and conduct of hearing as to necessity for continuation
of detention or shelter care of a child; violation of probation and aftercare. (a) When a
child is not released from detention or shelter care as provided in Section 12-15-127, a petition
shall be filed and a hearing held within 72 hours of placement in detention or shelter care,
Saturdays, Sundays, and holidays included, to determine probable cause and to determine whether
or not continued detention or shelter care is required. (b) Notice of the detention or shelter
care hearing, either verbal or written, stating the date, time, place, and purpose of the
hearing and the right to counsel shall be given by a juvenile probation officer to the parent,
legal guardian, or legal custodian if they can be found and to the child if the child is over
12 years of age . (c) At the commencement of the detention or shelter care hearing, the juvenile
court shall advise the parent, legal guardian, legal...
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12-15-313
Section 12-15-313 Ordering and preparation of report concerning a child and family; ordering,
conduct, and certification of findings of physical or mental examination of child prior to
hearing on petition generally; examination of parent, legal guardian, or legal custodian after
hearing where ability to care for or supervise child at issue. (a) After a petition alleging
dependency has been filed, the juvenile court may direct that a study and report to the juvenile
court be made by the Department of Human Resources with recommendations concerning the child,
his or her family, his or her environment, and other matters relevant to the need for treatment
or disposition of the case. (b) Where there are indications that the child may be physically
ill or a child with mental illness or an intellectual disability, on its own motion or motion
of a party, may order the child to be examined at a suitable place by a physician, psychiatrist,
psychologist, or other qualified examiner under the...
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22-10A-2
Section 22-10A-2 Diagnostic facilities, genetic counseling and prenatal testing for genetic
disorders at University of Alabama in Birmingham and University of South Alabama. (a) The
University of Alabama in Birmingham, through its laboratory of medical genetics, and the University
of South Alabama shall expand their respective medical genetics programs to provide diagnostic
facilities, genetic counseling and prenatal testing for genetic disorders. (b) Each shall:
(1) Develop an education program designed to educate physicians and the public concerning
genetic disorders and the availability of this program. (2) Assure that genetic counseling
is available to those Alabama families who need it. This will include those families who have
a member with a birth defect, mental retardation, or other handicapping disorder due to genetic
factors as well as families identified by screening to be at increased risk for having a child
with one of these problems. (3) Formulate a graduated fee...
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22-50-21
Section 22-50-21 Police officers for state mental health facilities or hospitals. The State
Mental Health Officer may appoint or employ one or more suitable persons to act as police
officers to arrest intruders, trespassers, and persons guilty of improper or disorderly conduct
on the property of state mental health facilities or hospitals. Such officers shall be charged
with all the duties and invested with all the powers of police officers and may eject trespassers
from the hospital grounds, buildings, or lands or arrest them and may, without warrant, arrest
any person guilty of abuse of a patient, of a misdemeanor or disorderly conduct, of stealing
or injuring property or other offenses committed on the lands or premises of the hospitals
and take such person before a district court judge or other officer charged with trial of
such offenders, before whom, upon proper affidavit charging the offense, the person so arrested
shall be tried and, if found guilty, convicted as in cases of...
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22-52-13
Section 22-52-13 Transfer of persons committed to Veterans Administration or other federal
agency; powers, etc., of chief officers of Veterans Administration Hospitals, etc., with respect
to retention, transfer, treatment, etc., of persons transferred thereto, etc.; effect of foreign
judgments or orders of commitment committing persons to Veterans Administration or other federal
agency. (a) Any respondent involuntarily committed by the probate court to the custody of
the department or designated mental health facility as the court may order, who is entitled
to care and treatment at a facility operated by the United States Veterans Administration
or other agency of the United States government, may be transferred by the department to the
United States Veterans Administration or other agency of the United States on such terms and
conditions as may be agreed upon by the department and the Veterans Administration or other
agency. Upon such transfer, the committed respondent shall be...
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26-21-4
of petition; precedence of proceeding; rules of procedure; waiver of consent; guardian ad litem
for interests of unborn child; findings and conclusions; appeal; no fees or costs; related
criminal charges. (a) A minor who elects not to seek or does not or cannot for any reason,
obtain consent from either of her parents or legal guardian, may petition, on her own behalf,
the juvenile court, or the court of equal standing, in the county in which the minor resides
or in the county in which the abortion is to be performed for a waiver of the consent
requirement of this chapter. Notice by the court to the minor's parents, parent, or legal
guardian shall not be required or permitted. The requirements and procedures under this chapter
shall apply and are available only to minors who are residents of this state. (b) The minor
may participate in proceedings in the court on her own behalf. The court shall advise her
that she has a right to be represented by an attorney and that if she is unable...
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35-6-25
Section 35-6-25 Service of process on certain parties defendant; guardian ad litem; judgment
not affected by death of defendant; section cumulative. (a) When it is necessary to make any
person a party defendant in any partition proceedings brought under the provisions of this
article for partition sale of land, or any interest therein and the plaintiff, after exercising
reasonable diligence, is unable to locate the whereabouts, and to ascertain whether any such
defendant is alive at the time of the filing of the complaint, the facts showing just what
diligence the plaintiff has exercised must be specifically alleged in the complaint, and such
defendant may then be made a party, by publication as in the case of unknown defendants, in
his name followed by the words: " ____ and his heirs or devisees, if deceased."
If the defendant so sued does not appear in person or by attorney before expiration of the
time for filing pleadings in the case, the court shall appoint a guardian ad litem to...
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6-10-84
Section 6-10-84 Proceedings on failure of appraisers to set apart exemptions or to appraise
homestead. If, for more than 20 days after the grant of administration, the appraisers should
fail to set apart the personal property exempt in favor of the surviving spouse and minor
child or children, or either, or to appraise the homestead or to make the report in reference
to the homestead required in Section 6-10-82, then, upon the written application of the surviving
spouse or of the guardian of the minor child or children, the probate court shall appoint
three commissioners who shall, as soon as practicable thereafter not exceeding 30 days, set
apart the personal property exempt and appraise the homestead in the manner required of the
appraisers; and, if practicable, they shall also allot and set off the homestead exemption
in the manner provided in Section 6-10-83. Within 10 days thereafter they shall report to
the court in writing the personal property set apart, with the value of each...
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