12-15-122
Section 12-15-122 Issuance and service of summonses generally; waiver of service of summonses. (a) After a petition alleging delinquency, in need of supervision, or dependency has been filed, the juvenile court shall direct the issuance of summonses to be directed to the child if he or she is 12 or more years of age, to the parents, legal guardian, or other legal custodian, and to other persons who appear to the juvenile court to be proper or necessary parties to the proceedings, requiring them to appear personally before the juvenile court at the time fixed to answer or testify as to the allegations of the petition. Where the legal custodian is summoned, the parent or legal guardian, or both, shall also be served with a summons. (b) A copy of the petition shall be attached to each summons. (c) The summons shall direct the parents, legal guardian, or other legal custodian having the custody or control of the child to bring him or her to the hearing. (d) An adult who is a party may...
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12-15-111
Section 12-15-111 Contributing to the delinquency, dependency, or need of supervision of children. (a) It shall be unlawful for any parent, legal guardian, legal custodian, or other person to do any of the following: (1) To willfully aid, encourage, or cause any child to become or remain delinquent, dependent, or in need of supervision. (2) To permit or encourage the employment of any child in violation of any of the provisions of the child labor law. (3) To cause a child to fail to attend school as required by the compulsory school attendance law. (b) Whenever, in the course of any proceedings pursuant to this chapter, or when, by affidavit as provided in this subsection, it shall appear to the juvenile court that a parent, legal guardian, legal custodian, or other person having custody, control, or supervision of a child or any other person not standing in any relation to the child has aided, encouraged, or caused the child to become delinquent, dependent, or in need of supervision,...
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12-15-116
Section 12-15-116 Original jurisdiction - Criminal. (a) A juvenile court shall have exclusive original jurisdiction to try any individual committing any of the following offenses while 18 years of age or older: (1) Contributing to the delinquency, in need of supervision, or dependency of a child in violation of Section 12-15-111. (2) Opposing or interfering with a juvenile probation officer or a representative of the Department of Human Resources in violation of Section 12-15-112. (3) Violating any of the confidentiality provisions of Sections 12-15-133, 12-15-134, 12-15-135, or 12-15-217. (4) Nonsupport in violation of Section 13A-13-4. (5) Violating any of the juvenile sex offender provisions of Section 15-20A-27(b)(1). (6) Violating any of the provisions of the compulsory school attendance laws in Section 16-28-12. (b) All criminal cases before the juvenile court shall be governed by the laws relating thereto and shall be initiated by complaint made before a judge or magistrate...
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12-15-213
Section 12-15-213 Children charged with delinquent acts or alleged to be in need of supervision to be accorded privilege against self-incrimination; admissibility in evidence of extrajudicial statements of children and evidence illegally seized or obtained; double jeopardy. (a) A child charged with a delinquent act or who is alleged to be in need of supervision shall be accorded the rights and privileges afforded by the Constitution of the United States and the Constitution of Alabama of 1901. (b) An extrajudicial statement which would be constitutionally inadmissible in a criminal proceeding may not be received in evidence over objection. Evidence illegally seized or obtained may not be received in evidence over objection to establish the allegations against the child. An extrajudicial admission or confession made by the child out of court is insufficient to support a finding that the child committed the acts alleged in the petition unless it is corroborated by other evidence. (c)...
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12-15-114
Section 12-15-114 Original jurisdiction - Juvenile. (a) A juvenile court shall exercise exclusive original jurisdiction of juvenile court proceedings in which a child is alleged to have committed a delinquent act, to be dependent, or to be in need of supervision. A dependency action shall not include a custody dispute between parents. Juvenile cases before the juvenile court shall be initiated through the juvenile court intake office pursuant to this chapter. (b) A juvenile court shall not have jurisdiction over any delinquent act committed by an individual before his or her 18th birthday for which a petition has not been filed before the individual reaches 21 years of age, except when the delinquent act is an offense having no statute of limitation as provided in Section 15-3-5. (c) A juvenile court shall also exercise exclusive original jurisdiction over each of the following: (1) Proceedings pursuant to the Interstate Compact on Juveniles and the Interstate Compact on Placement of...
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12-15-214
Section 12-15-214 Ordering and preparation of study and written report concerning child; 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 in issue. The juvenile court may direct that a juvenile probation officer conduct a study and submit a written report to the juvenile court with recommendations concerning a child, his or her family, his or her environment, and other matters relevant to the need for treatment or disposition of the case. The recommendations may indicate that the child needs further mental health evaluation, especially, in some cases, for the purpose of determining whether the child is competent to stand trial. The recommendations may also include a request that the juvenile court proceed pursuant to Section 12-15-130. (Acts 1975, No. 1205, p. 2384, §5-127; §12-15-69;...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of punishment options, from probation to incarceration, graduated in restrictiveness according to the degree of supervision of the offender including, but not limited to, all of the following: a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised probation, that requires an offender to serve a sentence of imprisonment. The term includes time served in a work release program operated as a custody option by the Alabama Department of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate Punishment. A sentence that may include assignment to any...
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45-2-84.08
Section 45-2-84.08 Rules and regulations; revocation hearings. (a) The Baldwin County Pretrial Release and Community Corrections Board may promulgate rules and regulations for establishing pretrial release programs, alternative sentencing programs, educational programs, intervention programs, treatment programs, supervision programs, and other programs to serve the courts of the Twenty-eighth Judicial Circuit. (b) A person who has been released or sentenced pursuant to this part and who has violated a condition of release or sentencing shall be subject to revocation of release or subject to revocation of any other sentence imposed upon motion of the court, the district attorney, or the supervising officer of the defendant in the program in which he or she has been placed. A revocation hearing shall be conducted by the court as provided by the Alabama Rules of Criminal Procedure for bond revocation in cases of violation of terms of pretrial release and probation revocation in cases...
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38-15-3
Section 38-15-3 Definitions. For the purposes of this chapter, the following terms shall have the following meanings: (1) CHILD. A person under the age of 18 years. (2) COMMUNITY TREATMENT FACILITY FOR YOUTHS. A religious, faith-based, or church nonprofit, other nonprofit, or for profit youth residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. (3) DEPARTMENT. The State Department of Human Resources. (4) DIRECTOR. The Director of the State Department of Human Resources. (5) LONG TERM YOUTH RESIDENTIAL FACILITY. A religious, faith-based, or church nonprofit, other nonprofit, or for profit long term residential facility, group care facility, or similar facility as determined by the director, providing 24-hour nonmedical care of youth in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the child and...
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34-14C-6
Section 34-14C-6 Denial, suspension, or revocation of license; hearing; notice, penalties; appeal. (a) The board may deny, suspend, or revoke a license as provided in this section. (b) A license may not be denied, suspended, or revoked except by majority vote of the board and with prior notice and opportunity for hearing in accordance with this chapter and the Alabama Administrative Procedure Act. (c) The board may institute a hearing for denial, suspension, or revocation of a license or any person may file a written complaint with the board seeking the denial, suspension, or revocation of an application for licensure or license issued by the board or the investigation of any unlicensed person or entity providing home medical equipment services. The complaint shall be in a form prescribed by the board. (d) A copy of the charges, including notice of the time and place of hearing, shall be served by certified mail, return receipt requested, at least 21 days before the scheduled hearing...
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