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12-15-301
Section 12-15-301 Definitions. For purposes of this article, the following words and
phrases shall have the following meanings: (1) ABANDONMENT. A voluntary and intentional relinquishment
of the custody of a child by a parent, or a withholding from the child, without good cause
or excuse, by the parent, of his or her presence, care, love, protection, maintenance, or
the opportunity for the display of filial affection, or the failure to claim the rights of
a parent, or failure to perform the duties of a parent. (2) AGE APPROPRIATE or DEVELOPMENTALLY
APPROPRIATE. Activities or items that are generally accepted as suitable for children of the
same chronological age or level of maturity or that are determined to be developmentally appropriate
for a child based on the development of cognitive, emotional, physical, and behavioral capacities
that are typical for an age or age group and, in the case of a specific child, activities
or items that are suitable for the child based on the...
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12-15-217
Section 12-15-217 Notice of delinquent acts. (a) Notwithstanding subsection (a) of Section
12-15-133, written notice that a child enrolled in a school, kindergarten to grade 12, has
been found delinquent of an act which if committed by an adult would be a Class A or B felony
or any other crime, at the discretion of the juvenile court, shall be provided within seven
days to the superintendent of the school district of attendance, or, if the child attends
a private school, to the principal of the school. The juvenile court shall provide the notice
using whatever method it deems appropriate or otherwise as decided by the Administrative Office
of Courts. The prosecutor may recommend to the juvenile court that notice be given to the
school for any delinquent act. Written notice shall include only the offenses, enumerated
by the appropriate code section and brief description, found to have been committed
by the child and the disposition of the case involving the child. Where applicable, this...
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12-15-315
Section 12-15-315 Permanency hearing for Department of Human Resources cases only. (a)
Within 12 months of the date a child is removed from the home and placed in out-of-home care,
and not less frequently than every 12 months thereafter during the continuation of the child
in out-of-home care, the juvenile court shall hold a permanency hearing. The Department of
Human Resources shall present to the juvenile court at the hearing a permanent plan for the
child. The juvenile court shall consult with the child, in an age-appropriate manner, regarding
the permanency plan and any transition plan to independent living. If a permanent plan is
not presented to the juvenile court at this hearing, there shall be a rebuttable presumption
that the child should be returned home. This provision is intended to ensure that a permanent
plan is prepared by the Department of Human Resources and presented to the juvenile court
within 12 months of the placement of any child in foster care and no less...
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12-15-312
Section 12-15-312 Reasonable efforts in judicial determinations; situations in which
reasonable efforts are not required to be made. (a) When the juvenile court enters an order
removing a child from his or her home and places the child into foster care or custody of
the Department of Human Resources pursuant to this chapter, the order shall contain specific
findings, if warranted by the evidence, within the following time periods while making child
safety the paramount concern: (1) In the first order of the juvenile court that sanctions
the removal, whether continuation of the residence of the child in the home would be contrary
to the welfare of the child. This order may be the pick-up order that the juvenile court issues
on the filing of a dependency petition. (2) Within 60 days after the child is removed from
the home of the child, whether reasonable efforts have been made to prevent removal of the
child or whether reasonable efforts were not required to be made. (3) Within 12...
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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have
the following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE
FACILITY. A person or entity holding a Department of Human Resources license or approval or
certification to provide care, including foster care, for adults. (3) APPLICANT. A person
or entity who submits an application for license as a child care or adult care facility to
the Department of Human Resources or a child placing agency, or an application for employment
or for a volunteer position to a Department of Human Resources licensed child care or adult
care facility. With regard to child care and adult care facilities in a home setting, the
term includes an adult household member whose residence is in the home. The term also includes
an individual who submits an application for a volunteer position or for employment with the
Department of Human Resources in a position in which the person has unsupervised...
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12-15-308
Section 12-15-308 Filing of petition and conduct of 72-hour hearing as to necessity
for continuation of shelter care of a child. (a) When a child alleged to be dependent has
been removed from the custody of the parent, legal guardian, or legal custodian and has not
been returned to same, a hearing shall be held within 72 hours from the time of removal, Saturdays,
Sundays, and holidays included, to determine whether continued shelter care is required. (b)
Notice of the 72-hour hearing requirement, either verbal or written, stating the date, time,
place, and purpose of the hearing and the right to counsel shall be given to the parent, legal
guardian, or legal custodian if he or she can be found. (c) At the commencement of the 72-hour
hearing requirement, the juvenile court shall advise the parent, legal guardian, or legal
custodian of the right to counsel and shall appoint counsel if the juvenile court determines
he or she is indigent. If the juvenile court already has not done so, it...
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12-15-140
Section 12-15-140 Content of order; order may set forth reasonable conditions of behavior
for parents, persons responsible for care; enumeration of certain specific requirements which
may be included in order. (a) The protection or restraint order may set forth reasonable conditions
of behavior to be observed by a person who is a parent, legal guardian, legal custodian, or
other person legally responsible for the care of the child subject to a juvenile court proceeding,
or the spouse of the parent, or spouse of any other person legally responsible for the care
of the child, or relatives of any of the above, or residents of the home of the child, or
any other person. (b) The protection or restraint order, among other things, may require any
person or persons to do any of the following: (1) Stay away from the home in which the child
subject to a juvenile court proceeding resides, the family or the child. (2) Vacate the home
in which the child subject to a juvenile court proceeding...
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12-15-405
Section 12-15-405 Notice of hearing; appointment of counsel for the minor or child.
(a) When any minor or child against whom a petition has been filed seeking to commit the minor
or child to the custody of the department is initially brought before the juvenile court,
the juvenile court shall provide a copy of the petition and if requested, read the petition
to the minor or child and to his or her parent, legal guardian, or legal custodian and counsel,
and inform those persons verbally and in writing of the date, time, and place of the next
hearing to be held in regard to the minor or child, the purpose of the hearing, the rights
of the minor or child at the hearing, and the possible consequences of the hearing. (b) The
juvenile court shall appoint a child's attorney for the minor or child. The juvenile court
may appoint a guardian ad litem in addition to the child's attorney. No statement made or
act done by the minor or child in the presence of the juvenile court prior to the minor...
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12-15-201
Section 12-15-201 Definitions. For purposes of this article, the following terms and
phrases shall have the following meanings: (1) AVERAGE COST OF DETENTION. The average cost
of detention of children as determined from experience in Alabama and as computed by the Department
of Youth Services. (2) CONSENT DECREE. An order, entered after the filing of a delinquency
or child in need of supervision petition and before the entry of an adjudication order, suspending
the proceedings and placing the child under supervision pursuant to terms and conditions agreed
to between the child and his or her parent, legal guardian, or legal custodian and approved
by the juvenile court. (3) NONOFFENDER. A child who is subject to the jurisdiction of the
juvenile court for reasons other than the legally prohibited conduct of the child. (4) STATUS
OFFENDER. A status offender is an individual who has been charged with or adjudicated for
conduct that would not, pursuant to the law of the jurisdiction in which...
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12-15-109
Section 12-15-109 Issuance of orders to parents for payment of court costs, fees of
attorneys, and expenses for support, treatment of children under the jurisdiction of the juvenile
court pursuant to this chapter; manner of payment; proceedings upon failure of parents to
pay amounts directed. If, after making a parent, or other person legally obligated to care
for and support a child, a party to the action pursuant to this chapter and the Alabama Rules
of Juvenile Procedure and after a hearing, the juvenile court finds that the parent or other
person is financially able to pay all or part of the court costs, as provided by law, attorney
fees, and expenses with respect to examination, treatment, care, detention, or support of
the child incurred from the commencement of the proceeding in carrying out this chapter, the
juvenile court shall order them to pay the same and may prescribe the manner of payment. Unless
otherwise ordered, payment shall be made to the clerk of the juvenile court...
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