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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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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12-15-212
Section 12-15-212 Conduct of delinquency and child in need of supervision hearings.
(a) If the allegations are denied, the juvenile court shall proceed to hear evidence on the
petition. If the juvenile court finds on proof beyond a reasonable doubt, based upon competent,
material, and relevant evidence, that the child committed the acts by reason of which the
child is alleged to be delinquent or in need of supervision, the juvenile court shall record
its findings and proceed to determine whether the child is in need of care or rehabilitation.
If the juvenile court finds that the allegations in the petition have not been established,
the juvenile court shall dismiss the petition and order the child discharged from any detention
or temporary care, theretofore ordered in the proceedings. (b) If the child admits to the
allegations contained in the petition, the juvenile court shall record its findings and proceed
to determine whether the child is in need of care or rehabilitation. (c) When...
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12-15-202
Section 12-15-202 Rights of the child. (a) Rights of the child when taken into custody.
When a child is taken into custody, the person taking the child into custody shall inform
the child of all of the following, in language understandable to the child: (1) The reason
that the child is being taken into custody. (2) That the child has the right to communicate
with his or her parent, legal guardian, or legal custodian whether or not that person is present.
If necessary, reasonable means will be provided for the child to do so. (3) The child has
the right to communicate with an attorney. If the child does not have an attorney, one will
be appointed for him or her. If the child has an attorney who is not present, reasonable means
shall be provided for the child to communicate with the attorney. (b) Rights of the child
before being questioned while in custody. Before the child is questioned about anything concerning
the charge on which the child was taken into custody, the person asking the...
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12-15-311
Section 12-15-311 Dispositional hearing. (a) If the juvenile court finds from clear
and convincing evidence, competent, material, and relevant in nature, that a child is dependent,
the juvenile court may proceed immediately, in the absence of objection showing good cause
or at a postponed hearing, to make proper disposition of the case. (b) In dispositional hearings,
all relevant and material evidence helpful in determining the best interests of the child,
including verbal and written reports, may be received by the juvenile court even though not
admissible in the adjudicatory hearing. The parties or their counsel shall be afforded an
opportunity to examine and controvert written reports so received and to cross-examine individuals
making reports. (c) On its own motion or that of a party, the juvenile court may continue
the dispositional hearing pursuant to this section for a reasonable period to receive
reports and other evidence bearing on the disposition or need for care or...
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6-6-20
Section 6-6-20 Definition; instances requiring mediation; sanctions; exceptions; etc.
(a) For purposes of this section, "mediation" means a process in which a
neutral third party assists the parties to a civil action in reaching their own settlement
but does not have the authority to force the parties to accept a binding decision. (b) Mediation
is mandatory for all parties in the following instances: (1) At any time where all parties
agree. (2) Upon motion by any party. The party asking for mediation shall pay the costs of
mediation, except attorney fees, unless otherwise agreed. (3) In the event no party requests
mediation, the trial court may, on its own motion, order mediation. The trial court may allocate
the costs of mediation, except attorney fees, among the parties. (c) If any party fails to
mediate as required by this section, the court may apply such sanctions as it deems
appropriate pursuant to Rule 37 of the Alabama Rules of Civil Procedure. (d) A court shall
not order...
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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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12-21-3.1
Section 12-21-3.1 Subpoena of law enforcement officers and investigative reports; disposition
of criminal matters. (a) Neither law enforcement investigative reports nor the testimony of
a law enforcement officer may be subject to a civil or administrative subpoena except as provided
in subsection (c). (b) Law enforcement investigative reports and related investigative material
are not public records. Law enforcement investigative reports, records, field notes, witness
statements, and other investigative writings or recordings are privileged communications protected
from disclosure. (c) Under no circumstance may a party to a civil or administrative proceeding
discover material which is not authorized discoverable by a defendant in a criminal matter.
Noncriminal parties may upon proper motion and order from a court of record: Secure photographs,
documents and tangible evidence for examination and copying only by order of a court imposing
such conditions and qualifications as may be...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases
have the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section
15-3-5, the term child also shall include the individual subject to the...
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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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