Code of Alabama

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38-12-31
Section 38-12-31 Legislative findings. The Legislature finds and declares the following: (1)
There exists in this state a number of children who cannot reside with their parents, legal
guardians, or legal custodians because of such parents', legal guardians', or custodians'
incapacity or inability to perform the regular and expected functions of care and support
of the children and family care and who thereby come to the attention of juvenile court and
into the care and custody of the Department of Human Resources. (2) An increasing number of
relatives, including grandparents, find themselves wanting to provide care to related foster
children on a long-term basis to prevent the children from remaining in foster care with unrelated
caregivers yet these relatives are either unable or unwilling to seek termination of the legal
relationships between the parent and the child, particularly when it is the caregiver's own
child or sibling who is the parent. (3) It is in the public interest to...
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15-20A-34
Section 15-20A-34 Juvenile sex offender - Relief from lifetime registration requirements. (a)
A juvenile sex offender subject to lifetime registration pursuant to Section 15-20A-28 may
file a petition requesting the sentencing juvenile court to enter an order relieving the juvenile
sex offender of the requirements pursuant to this chapter 25 years after the juvenile sex
offender is released from the custody of the Department of Youth Services or sentenced, if
the juvenile sex offender was placed on probation, for the sex offense requiring registration
pursuant to this chapter. (b) The petition shall be filed as follows: (1) If the juvenile
sex offender was adjudicated delinquent of a sex offense in this state, the petition shall
be filed in the juvenile court of the county in which the juvenile sex offender was adjudicated
delinquent. (2) If the juvenile sex offender was adjudicated delinquent of a sex offense in
a jurisdiction outside of this state, the petition shall be filed in the...
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30-3B-102
Section 30-3B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision.
(2) CHILD. An individual who has not attained 19 years of age. (3) CHILD CUSTODY DETERMINATION.
A judgment, decree, or other order of a court providing for the legal custody, physical custody,
or visitation with respect to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order relating to child support or other
monetary obligation of an individual. (4) CHILD CUSTODY PROCEEDING. A proceeding in a court
in which legal custody, physical custody, or visitation with respect to a child is an issue.
The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from domestic violence, in which
the issue may appear. The term does not include a court...
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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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44-1-2
Section 44-1-2 Definitions. The following terms, wherever used in this chapter, shall have
the following meanings: (1) AFTERCARE. A youth is released by the department from a state
training school operated by the department, wherein the department releases legal custody,
supervision, and the right to return until further order of the juvenile court. The term means
a legal status created by order of the committing court at the time of release from a state
training school whereby a youth is permitted to return to the community subject to supervision
by the court or any agency designated by the court and subject to return to the court at any
time during the aftercare period. (2) BOARD. The Alabama Youth Services Board. (3) BOARD MEMBER.
Any member of the Alabama Youth Services Board. (4) COMMITTED YOUTH. Any youth committed to
the legal custody of the department upon a finding of delinquency and a finding by a juvenile
judge that the youth is in need of care or treatment, or both, in a...
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26-2A-78
Section 26-2A-78 Powers and duties of guardian of minor. (a) A guardian of a minor ward has
the powers and responsibilities of a parent regarding the ward's health, support, education,
or maintenance, but a guardian is not personally liable for the ward's expenses and is not
liable to third persons by reason of the relationship for acts of the ward. (b) In particular
and without qualifying the foregoing, a guardian shall: (1) Become or remain personally acquainted
with the ward and maintain sufficient contact with the ward to know of the ward's capacities,
limitations, needs, opportunities, and physical and mental health; (2) Take reasonable care
of the ward's personal effects and commence protective proceedings if necessary to protect
other property of the ward; (3) Apply any available money of the ward to the ward's current
needs for health, support, education, or maintenance; (4) Conserve any excess money of the
ward for the ward's future needs, but if a conservator has been...
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12-15-319
Section 12-15-319 Grounds for termination of parental rights; factors considered; presumption
arising from abandonment. (a) If the juvenile court finds from clear and convincing evidence,
competent, material, and relevant in nature, that the parents of a child are unable or unwilling
to discharge their responsibilities to and for the child, or that the conduct or condition
of the parents renders them unable to properly care for the child and that the conduct or
condition is unlikely to change in the foreseeable future, it may terminate the parental rights
of the parents. In a hearing on a petition for termination of parental rights, the court shall
consider the best interests of the child. In determining whether or not the parents are unable
or unwilling to discharge their responsibilities to and for the child and to terminate the
parental rights, the juvenile court shall consider the following factors including, but not
limited to, the following: (1) That the parents have abandoned...
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16-64-1
Section 16-64-1 Definitions. For the purposes of this chapter, the following terms have the
following meanings: (1) MINOR. An individual who, because of age, lacks the capacity to contract
under Alabama law. Under current law, this means a single individual under 19 years of age
and a married individual under 18 years of age, but excludes an individual whose disabilities
of nonage have been removed by a court of competent jurisdiction for a reason other than establishing
a legal residence in Alabama. If current law changes, this definition shall change accordingly.
(2) RESIDENCE. The single location at which a person resides with the intent of remaining
in that location indefinitely as evidenced by more substantial connections with that place
than with any other place. (3) RESIDENT. One whose residence is in the State of Alabama. (4)
RESIDENT/NONRESIDENT STUDENT. In determining resident or nonresident classification, the primary
issue is one of intent. If a person is in Alabama...
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16-1-51.1
Section 16-1-51.1 Comprehensive model policy for supervision and monitoring of juvenile sex
offender students; educational placement of juvenile sex offenders. (a)(1) On or before January
1, 2019, the State Board of Education shall develop a comprehensive model policy for the supervision
and monitoring of juvenile sex offender students, who have a low risk of re-offense and are
enrolled, attending class, and participating in school activities with the general population
of students. The purpose of the model policy is to provide a safe and secure environment for
all students and staff. The model policy shall be adopted by each local board of education
and implemented beginning with the 2020-2021 school year. The model policy, at a minimum,
shall contain all of the following components: a. Application to all school property and school-sponsored
functions including, but not limited to, classroom instructional time, assemblies, athletic
events, extracurricular activities, and school bus...
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30-3-169.9
Section 30-3-169.9 Change of principal residence outside state. (a) In those instances where
the change of principal residence of a child results in the relocation of a child to a residence
outside this state, the provisions of Sections 30-3B-101 to 30-3B-314, inclusive, shall apply
to actions commenced under this article. (b) Where the parties have been awarded joint custody,
joint legal custody, or joint physical custody of a child as defined in Section 30-3-151,
and at least one parent having joint custody, joint legal custody, or joint physical custody
of a child continues to maintain a principal residence in this state, the child shall have
a significant connection with this state and a court in fashioning its judgments, orders,
or decrees may retain continuing jurisdiction under Sections 30-3B-202 to 30-3B-204, inclusive,
even though the child's principal residence after the relocation is outside this state. (c)
In a proceeding commenced to modify, interpret, or enforce a final...
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