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12-15-410
Section 12-15-410 Evidence in commitment proceedings for minor and child with an intellectual
disability. (a) At the final hearing upon a petition seeking to commit a minor or child to
the department on the basis that the minor or child is a person with an intellectual disability,
the juvenile court may grant the petition if clear and convincing evidence proves all of the
following: (1) The minor or child sought to be committed is a person with an intellectual
disability. (2) The minor or child is not mildly retarded, as defined by the department. (3)
The minor or child, if allowed to remain in the community, is likely to cause serious injury
to himself, herself, or others, or that adequate care, rehabilitation, and training opportunities
are available only at a facility provided by the department. (b) Upon these findings, the
juvenile court shall enter an order setting forth the findings, and may order the minor or
child committed to the custody of the department. (c) The commissioner...
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30-3-151
Section 30-3-151 Definitions. For the purposes of this article the following words shall have
the following meanings: (1) JOINT CUSTODY. Joint legal custody and joint physical custody.
(2) JOINT LEGAL CUSTODY. Both parents have equal rights and responsibilities for major decisions
concerning the child, including, but not limited to, the education of the child, health care,
and religious training. The court may designate one parent to have sole power to make certain
decisions while both parents retain equal rights and responsibilities for other decisions.
(3) JOINT PHYSICAL CUSTODY. Physical custody is shared by the parents in a way that assures
the child frequent and substantial contact with each parent. Joint physical custody does not
necessarily mean physical custody of equal durations of time. (4) SOLE LEGAL CUSTODY. One
parent has sole rights and responsibilities to make major decisions concerning the child,
including, but not limited to, the education of the child, health care,...
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12-15-115
Section 12-15-115 Original jurisdiction - Civil. (a) A juvenile court shall also exercise original
jurisdiction of the following civil proceedings: (1) Removal of disabilities of nonage pursuant
to Chapter 13 of Title 26. (2) Proceedings for judicial consent for a person under the respective
legal age to marry, to be employed, withdraw from school, or enlist in military service when
this consent is required by law. (3) Proceedings for the commitment of a minor or child with
mental illness or an intellectual disability to the Department of Mental Health, as provided
in Article 4 (commencing with Section 12-15-401). (4) Proceedings for the adoption of a child
when these proceedings have been transferred from probate court as provided by law. (5) Proceedings
for waiver of parental consent for a minor to have an abortion pursuant to Chapter 21 of Title
26. (6) Proceedings to establish parentage of a child pursuant to the Alabama Uniform Parentage
Act, Chapter 17 of Title 26. (7)...
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26-17-601
Section 26-17-601 Proceeding authorized. (a) A civil proceeding may be maintained to adjudicate
the parentage of a child. The proceeding is governed by the Alabama Rules of Civil Procedure
or the Alabama Rules of Juvenile Procedure as such applies to the court in which the proceeding
is filed. (b) Stipulations in any agreement that seek to bar a paternity action are not enforceable.
(Act 2008-376, p. 666, §2.)...
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30-3-112
Section 30-3-112 Filing of action in juvenile or family court division. An action for retroactive
support shall be filed in the juvenile or family court division of the district or circuit
court in the county in which the parent or guardian resides or in the county in which the
child resides. There shall be no right to a jury trial. (Acts 1994, No. 94-213, p. 298, §3.)...
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45-45-82
Section 45-45-82 Child protection board and fund. (a) In order to provide for the protection
and welfare of children in Madison County who are alleged to be or have been found by the
juvenile court of the county to be abused or neglected or otherwise dependent as defined by
Section 12-15-102, there is levied and imposed a court cost of four dollars ($4), in all cases
filed in the district court of the county, which shall be in addition to all other costs previously
imposed. The clerk of the court shall collect the costs and remit them to a fund to be designated
as the Child Protection Fund in the county treasury. (b)(1)a. There is established a board
to be known as the Child Protection Board of Madison County. The board shall consist of seven
members. The presiding district judge, after consulting with the district court judges of
Madison County, shall appoint the six initial board members, two members to serve four-year
terms, two members to serve three-year terms, and two members to...
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12-15-103
Section 12-15-103 Juvenile court judges may be circuit or district court judges; maintenance
of separate juvenile case action summaries; promulgation of rules of procedure for juvenile
courts; powers of judges of juvenile courts as to issuance of writs and processes and as to
equity generally. (a) A circuit or district court judge may be designated as a juvenile court
judge. (b) The juvenile court shall maintain a separate docketing and case filing system.
(c) The Supreme Court of Alabama shall promulgate rules governing procedure in the juvenile
court. (d) The juvenile court shall issue all writs and processes necessary to the exercise
of its jurisdiction and to fulfill the purposes of this chapter. (e) The judge of the juvenile
court shall issue warrants of arrest, pick-up orders, and writs of habeas corpus to have individuals
brought before the juvenile court pursuant to this chapter. (f) The juvenile court shall have
and exercise equity power. (Acts 1975, No. 1205, p. 2384,...
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12-15-106
Section 12-15-106 Juvenile court referees' qualifications and appointment; conduct of hearings
of cases by juvenile court referees; transmission of findings and recommendations for disposition
of juvenile court referees to juvenile court judges; provision of notice and written copies
of findings and recommendations of juvenile court referees to parties; rehearing of cases
by juvenile court judges; when findings and recommendations of juvenile court referees become
decree of the juvenile court. (a) Appointment of Referees. The Administrative Director of
Courts may authorize one or more referee positions in any judicial circuit on either a full-time
or a part-time basis upon submission of a written request by the presiding juvenile court
judge and upon consideration of funding and the juvenile and child-support caseload in the
circuit. Once the Administrative Director of Courts approves the request, the presiding judge
of the juvenile court may appoint an attorney the judge believes to...
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12-15-320
Section 12-15-320 Dispositions. (a) Termination of parental rights cases shall be given priority
over other cases. The trial on the petition for termination of parental rights shall be completed
within 90 days after service of process has been perfected. The trial court judge shall enter
a final order within 30 days of the completion of the trial. (b) If the juvenile court determines
that the parents of a child are unwilling or unable to act as parents and terminates their
parental rights, it may do the following: (1) Transfer or continue the permanent legal custody
of the child to the Department of Human Resources or to any public or private licensed child-placing
agency able and willing to assume the care and maintenance of the child. An order of the juvenile
court which terminates parental rights and awards permanent legal custody to the Department
of Human Resources or to a licensed child-placing agency shall mean that the Department of
Human Resources or the licensed child-placing...
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16-28-14
Section 16-28-14 Habitual truant. In case any child becomes an habitual truant, or because
of irregular attendance or misconduct has become a menace to the best interest of the school
which he is attending or should attend, and the parent, guardian or other person files a written
statement in court as provided in Section 16-28-13, stating that he is unable to control such
child, the attendance officer must file a complaint before the judge of the juvenile court
of the county, alleging the facts, whereupon such child must be proceeded against in the juvenile
court for the purpose of ascertaining whether such child is a dependent, neglected or delinquent
child. (School Code 1927, §307; Code 1940, T. 52, §304.)...
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