Code of Alabama

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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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12-15-221
Section 12-15-221 Modification, extension or termination of orders of custody or probation
generally. (a) An order awarding legal custody or an order of probation made by the juvenile
court in the case of a child may be modified, revoked, or extended on motion by: (1) A child,
whose legal custody has been transferred to a department, institution, agency, or person,
requesting the juvenile court for a modification or termination of the order, alleging that
the child is no longer in need of placement or probation and the department, institution,
agency, or person has denied application for release of the child or has failed to act upon
the application within a reasonable time; or (2) A department, institution, agency, or person
vested with legal custody or responsibility for probation, requesting the juvenile court for
a modification, an extension, or a termination of the order on the grounds that the action
is in the best interests of the child or necessary to safeguard the welfare of...
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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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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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15-27-1
Section 15-27-1 Petition to expunge records - Misdemeanor criminal offense, traffic
violation, municipal ordinance violation. (a) A person who has been charged with a misdemeanor
criminal offense, a violation, a traffic violation, or a municipal ordinance violation may
file a petition in the criminal division of the circuit court in the county in which the charges
were filed, to expunge records relating to the charge in any of the following circumstances:
(1) When the charge is dismissed with prejudice. (2) When the charge has been no billed by
a grand jury. (3) When the person has been found not guilty of the charge. (4) When the charge
was dismissed without prejudice more than two years ago, has not been refiled, and the person
has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic
violation, excluding minor traffic violations, during the previous two years. (5) When the
person proves by a preponderance of the evidence that the person is a...
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26-16-98
Section 26-16-98 Confidentiality of information and records. (a) All information and
records acquired by the state team or by a local team, in the exercise of its purpose and
duties pursuant to this article, are confidential, exempt from disclosure under Section
41-13-1, and may only be disclosed as necessary to carry out the team's duties and purposes.
(b) Reports of the state team and of a local team which do not contain any information that
would permit the identification of any person to be ascertained shall be public information.
(c) Except as necessary to carry out a team's purpose and duties, members of a team and persons
attending a team meeting may not disclose what transpired at a meeting which is not public
under Section 26-16-97, nor shall they disclose any information the disclosure of which
is prohibited by this section. (d) Members of a team, persons attending a team meeting,
and persons who present information to a team may release information to such government...

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38-13-4
Section 38-13-4 Mandatory criminal history check notice; suitability determinations;
checks on subsequent activity. (a) Every employer, child care facility, adult care facility,
the Department of Human Resources, and child placing agency required to obtain a criminal
history background information check pursuant to this chapter shall obtain, prior to or upon
the date of employment, or issuance of a license or approval or renewal thereof, and maintain
in the agency or personnel file, a request with written consent for the criminal history background
information check and a statement signed by the applicant, volunteer, or employee indicating
whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions.
The statement shall include a notice and questionnaire the same as or similar to the following:
(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history
background information check be conducted on all persons who hold a...
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41-9-645
Section 41-9-645 Purging, modification, or supplementation of criminal records - Applications
by individuals; appeals; costs. (a) If an individual believes information is inaccurate or
incomplete, he or she may request the original agency having custody or control of the detail
records to purge, modify, or supplement them and to notify SBI of the changes. (b) If the
agency declines to act or if the individual believes the agency's decision is unsatisfactory,
the individual or his or her attorney, within 30 days of the decision and with notice to the
agency, may enter an appeal to the circuit court of the county of his or her residence or
to the circuit court in the county where the agency exists. The court in each case shall conduct
a de novo hearing and may order relief as it finds to be required by law. Appeals shall be
entered in the same manner as appeals are entered from the court of probate; except, that
the appellant shall not be required to post bond nor pay the costs in...
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12-15-219
Section 12-15-219 Serious juvenile offenders; disposition; serious juvenile offender
review panel; facility and programs. (a) The juvenile court may find a child to be a serious
juvenile offender if: (1) The child is adjudicated delinquent and the delinquent act or acts
charged in the petition would constitute any of the following if committed by an adult: a.
A Class A felony. b. A felony resulting in serious physical injury as defined in subdivision
(14) of Section 13A-1-2. c. A felony involving deadly physical force as defined in
subdivision (6) of Section 13A-1-2; or a deadly weapon as defined in subdivision (7)
of Section 13A-1-2; or a dangerous instrument as defined in subdivision (5) of Section
13A-1-2. (2) The child has been adjudicated delinquent for an act which would constitute a
Class A or B felony or burglary in the third degree involving a residence and the child has
previously been adjudicated delinquent of two previous acts which would have been a Class
A or B felony or...
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12-15-304
Section 12-15-304 Appointment by juvenile courts of guardians ad litem. (a) In all dependency
and termination of parental rights proceedings, the juvenile court shall appoint a guardian
ad litem for a child who is a party to the proceedings and whose primary responsibility shall
be to protect the best interests of the child. (b) The duties of the guardian ad litem include,
but shall not be limited to, the following: (1) Irrespective of the age of the child, meet
with the child prior to juvenile court hearings and when apprised of emergencies or significant
events impacting the child. In addition, the guardian ad litem shall explain, in terms understandable
to the child, what is expected to happen before, during, and after each juvenile court hearing.
(2) Conduct a thorough and independent investigation. (3) Advocate for appropriate services
for the child and the family. (4) Attend all juvenile court hearings scheduled by the juvenile
court and file all necessary pleadings to facilitate...
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