12-15-105
Section 12-15-105 Exercise of authority by district attorneys in juvenile court proceedings
generally; assistance by district attorneys in the juvenile courts; representation of the
state by district attorneys in cases appealed from juvenile courts. (a) The district attorney
of the judicial circuit in which delinquency or child in need of supervision cases are filed
may exercise his or her authority in all delinquency and child in need of supervision cases
arising pursuant to this chapter. (b) The juvenile court may call upon the district attorney
to assist the juvenile court in any proceeding pursuant to this chapter. It shall be the duty
of the district attorney to render this assistance when so requested. (c) Notwithstanding
Title 36, the district attorney shall represent the state in all delinquency and child in
need of supervision cases appealed from the juvenile court. (Acts 1975, No. 1205, p. 2384,
§5-107; §12-15-5; amended and renumbered by Act 2008-277, p. 441, §1.)...
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12-15-120
Section 12-15-120 Cases initiated by filing of petitions by juvenile court intake officers.
(a) Delinquency, child in need of supervision, and dependency cases and proceedings pursuant
to Section 12-15-132 before the juvenile court shall be initiated by the filing of a petition
by the juvenile court intake officer who shall receive verified complaints and proceed thereon
pursuant to rules of procedure adopted by the Supreme Court of Alabama. (b) A petition alleging
that a child is a delinquent child, dependent child, or a child in need of supervision shall
not be filed by a juvenile court intake officer unless the juvenile court intake officer has
determined and endorsed upon the petition that the juvenile court has subject matter jurisdiction
and venue over the case and that the filing of the petition is in the best interests of the
public and the child. (Acts 1975, No. 1205, p. 2384, §5-114; §12-15-50; amended and renumbered
by Act 2008-277, p. 441, §7.)...
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12-15-131
Section 12-15-131 Issuance of orders restraining conduct of parties to proceedings. In any
proceeding commenced pursuant to this chapter, on motion of the juvenile court or on motion
of a party, the juvenile court may make an order restraining the conduct of any party over
whom the juvenile court has obtained jurisdiction, if all of the following occur: (1) An order
of disposition of a delinquent child, dependent child, or a child in need of supervision has
been made in a proceeding pursuant to this chapter. (2) The juvenile court finds that the
conduct of the party is or may be detrimental or harmful to the delinquent child, dependent
child, or child in need of supervision and will tend to defeat the execution of the order
of disposition made. (3) Notice of the motion and the grounds therein and an opportunity to
be heard thereon have been given to the party against whom the order is directed. (Acts 1975,
No. 1205, p. 2384, §5-141; §12-15-73; amended and renumbered by Act 2008-277,...
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38-7-2
Section 38-7-2 Definitions. Terms used in this chapter, unless the context otherwise requires,
have the meanings ascribed to them in this section. When not inconsistent with the context,
words used in the present tense include the future, words in the singular number include the
plural number, and words in the plural number include the singular number, and the word "shall"
is always mandatory and not merely directory: (1) CHILD. Any person under 19 years of age,
a person under the continuing jurisdiction of the juvenile court pursuant to Section 12-15-117,
or a person under 21 years of age in foster care as defined by the Department of Human Resources.
(2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD CARE. A child-care facility where more
than 10 children are received and maintained for the purpose of providing them with care or
training or both, or transitional living program services, but does not include: a. Any institution
for child care which is under the ownership or control,...
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12-15-129
Section 12-15-129 Conduct of hearings generally. All hearings pursuant to this chapter shall
be conducted by the juvenile court without a jury and separate from other proceedings. The
general public shall be excluded from delinquency, in need of supervision, or dependency hearings
and only the parties, their counsel, witnesses, and other persons requested by a party shall
be admitted. Other persons as the juvenile court finds to have a proper interest in the case
or in the work of the juvenile court may be admitted by the juvenile court on condition that
the persons refrain from divulging any information which would identify the child under the
jurisdiction of the juvenile court or family involved. If the juvenile court finds that it
is in the best interests of the child under the jurisdiction of the juvenile court, the child
may be temporarily excluded from the hearings, except while allegations of delinquency or
in need of supervision are being heard. (Acts 1975, No. 1205, p. 2384,...
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12-15-134
Section 12-15-134 Maintenance and inspection of law enforcement records. (a) Law enforcement
agencies shall take special precautions to ensure that law enforcement records and files concerning
a child will be maintained in a manner and pursuant to those safeguards that will protect
against disclosure to any unauthorized person, department, agency, or entity. Unless a charge
of delinquency is transferred for criminal prosecution pursuant to Section 12-15-203 or the
juvenile court otherwise orders in the interests of the child or of national security, the
law enforcement records and files with respect to the child shall not be open to public inspection
nor their contents disclosed to the public. (b) Law enforcement records and files described
in subsection (a) shall be open to inspection and copying by the following: (1) A juvenile
court having a child currently before it in any proceeding. (2) Personnel of the Department
of Human Resources, the Department of Youth Services, public and...
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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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12-15-110
Section 12-15-110 Punishment for contempt of court of persons disobeying orders of the juvenile
court generally. (a) Subject to the laws relating to the procedures therefor and the limitations
thereon, the juvenile court may punish a person for contempt of court for disobeying an order
of the juvenile court or for obstructing or interfering with the proceedings of the juvenile
court or the enforcement of its orders. (b) Notwithstanding the provisions of subsection (a),
the juvenile court shall be limited in the actions it may take with respect to a child violating
the terms and conditions of the order of protective supervision as this term is defined in
subdivision (5) of Section 12-15-301, to those which the juvenile court could have taken at
the time of the original disposition of the juvenile court pursuant to subsection (a) of Section
12-15-314. (c) A finding of indirect contempt not based on a delinquency petition does not
constitute an adjudication of delinquency. (Acts 1975, No....
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15-20A-48
Section 15-20A-48 Relation to other laws. (a) For the purposes of Sections 13A-5-2, 13A-5-6,
14-9-41, 15-18-8, 15-22-27.3, or any other section of the Code of Alabama 1975, a criminal
sex offense involving a child shall mean a conviction for any sex offense in which the victim
was a child under the age of 12 or any offense involving child pornography. (b) For the purpose
of Section 12-15-107(a)(7), a juvenile probation officer shall notify the state and either
the parent, legal guardian, or legal custodian of a juvenile sex offender, or the child's
attorney for the juvenile sex offender, of the pending release of the sex offender and provide
them with a copy of the risk assessment pursuant to subsection (c) of Section 15-20A-26. (c)
For the purpose of Section 12-15-116(a)(5), a juvenile court shall have exclusive original
jurisdiction to try any individual who is 18 years of age or older and violates any of the
juvenile criminal sex offender provisions of subdivision (1) of subsection...
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12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports, and
information acquired or generated in juvenile courts concerning children shall be confidential
and shall not be released to any person, department, agency, or entity, except as provided
elsewhere in this section: (1) Juvenile legal files (including formal documents as petitions,
notices, motions, legal memoranda, orders, and decrees). (2) Social records, including but
not limited to: a. Records of juvenile probation officers. b. Records of the Department of
Human Resources. c. Records of the Department of Youth Services. d. Medical records. e. Psychiatric
or psychological records. f. Reports of preliminary inquiries and predisposition studies.
g. Supervision records. h. Birth certificates. i. Individualized service plans. j. Education
records, including, but not limited to, individualized education plans. k. Detention records.
l. Demographic information that identifies a child or the family of a...
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