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12-15-314
care to participate in activities that are age or developmentally appropriate for the child
based on a reasonable and prudent parent standard, provided the activities are consistent
with provisions of any existing court order, individualized service plan, or promulgated policy
of the department that provides guidance to caregivers concerning the reasonable and prudent
parent standard. The guidance shall include factors for the caregiver to consider prior to
allowing a child to participate in age or developmentally appropriate normal childhood activities.
(2) A caregiver shall be immune from liability in a civil action to recover damages for injury,
death, or loss to person or property that results from a caregiver's decisions using a reasonable
and prudent parent standard. This subsection shall not be construed to remove or limit any
existing liability protection provided by law. (Act 2008-277, p. 441, §18; Act 2010-712,
p. 1744, §13; Act 2016-129, p. 290, §1; Act 2018-273, §1.)...
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30-3C-9
Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed under
this chapter, the court may set a preliminary hearing as necessary, and shall cause to be
issued all summonses and notices as required by law and otherwise deemed necessary and appropriate.
Should the court determine from the petition, or on evidence presented at a preliminary hearing,
that no emergency or temporary orders are appropriate, then the court shall set the petition
for a final hearing at such time as the court deems appropriate and as the best interests
of the child require. (b) If, at a hearing on a petition under this chapter, the court after
reviewing the evidence finds a credible risk of abduction of the child, the court shall enter
an abduction prevention order. The order must include the provisions required by subsection
(c), specifying measures that are reasonably calculated to prevent abduction of the child
and giving due consideration to the custody and visitation rights of...
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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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15-20A-24
Section 15-20A-24 Adult sex offender - Relief from registration and notification. (a) At disposition,
sentencing, upon completion of probation, or upon completion of a term of registration ordered
by the sentencing court, a sex offender may petition the court for relief from the requirements
of this chapter resulting from any of the following offenses, provided that he or she meets
the requirements set forth in subsection (b): (1) Rape in the second degree, as provided by
subdivision (1) of subsection (a) of Section 13A-6-62. (2) Sodomy in the second degree, as
provided by subdivision (1) of subsection (a) of Section 13A-6-64. (3) Sexual abuse in the
second degree, as provided by subdivision (2) of subsection (a) of Section 13A-6-67. (4) Sexual
misconduct, as provided by Section 13A-6-65. (5) Any crime committed in this state or any
other jurisdiction which, if had been committed in this state under the current provisions
of law, would constitute an offense listed in subdivisions (1)...
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44-1-36
Section 44-1-36 Commitment of mentally ill or retarded youth to state hospital; discharge of
rehabilitated youth; release of youth into aftercare; termination or extension of orders of
commitment. (a) In the event a committed youth shall be diagnosed in writing as mentally ill
to the degree that said youth is unable to profit from the programs operated by the department
of youth services for the benefit of delinquent youth, the department may petition the proper
juvenile court for the commitment of the said youth to the state hospital for the mentally
ill. The diagnosis must be made by a person who is legally and professionally qualified under
the laws of Alabama to make such a diagnosis. (b) In the event a committed youth shall be
diagnosed in writing as mentally retarded to the degree that said youth is unable to profit
from the programs operated by the department for the benefit of delinquent youth, the department
may petition the proper juvenile court for the commitment of the said...
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12-15-115
Section 12-15-115 Original jurisdiction - Civil. (a) A juvenile court shall also exercise original
jurisdiction of the following civil proceedings: (1) Removal of disabilities of nonage pursuant
to Chapter 13 of Title 26. (2) Proceedings for judicial consent for a person under the respective
legal age to marry, to be employed, withdraw from school, or enlist in military service when
this consent is required by law. (3) Proceedings for the commitment of a minor or child with
mental illness or an intellectual disability to the Department of Mental Health, as provided
in Article 4 (commencing with Section 12-15-401). (4) Proceedings for the adoption of a child
when these proceedings have been transferred from probate court as provided by law. (5) Proceedings
for waiver of parental consent for a minor to have an abortion pursuant to Chapter 21 of Title
26. (6) Proceedings to establish parentage of a child pursuant to the Alabama Uniform Parentage
Act, Chapter 17 of Title 26. (7)...
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12-15-132
Section 12-15-132 Proceedings against children violating terms of probation or aftercare; disposition
of these children. (a) A child on probation or aftercare incident to an adjudication as a
delinquent child or a child in need of supervision who violates the terms of his or her probation
or aftercare may be proceeded against for a revocation of the order. (b) A proceeding to revoke
probation or aftercare shall be commenced by the filing of a petition entitled "petition
to revoke probation" or "petition to revoke aftercare." Except as otherwise
provided, these petitions shall be screened, reviewed, and prepared in the same manner and
shall contain the same information as provided in Sections 12-15-120 and 12-15-121. The petition
shall recite the date that the child was placed on probation or aftercare and shall state
the time and manner in which notice of the terms of probation or aftercare was given. (c)
Probation or aftercare revocation proceedings shall require clear and convincing...
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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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12-15-130
Section 12-15-130 Ordering, conduct, and certification of findings of mental and physical examinations
of children; minors or children believed to be individuals with a mental illness or an intellectual
disability; treatment or care for children; payment; authority to order emergency medical
care for children. (a) Where there are indications that a child may be physically ill, a child
with mental illness or an intellectual disability, or an evaluation of a child is needed to
help determine issues of competency to understand judicial proceedings, mental state at the
time of the offense, or the ability of the child to assist his or her attorney, the juvenile
court, on its own motion or motion by the prosecutor, or that of the child's attorney or guardian
ad litem for the child, may order the child to be examined at a suitable place by a physician,
psychiatrist, psychologist, or other qualified examiner, under the supervision of a physician,
psychiatrist, or psychologist who shall certify...
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15-20A-26
Section 15-20A-26 Juvenile sex offender - Treatment; risk assessment. (a) Upon adjudication
of delinquency for a sex offense, a juvenile sex offender shall be required to receive sex
offender treatment by a sex offender treatment program or provider approved by the Department
of Youth Services. (b) Upon completion of sex offender treatment, the juvenile sex offender
shall be required to undergo a sex offender risk assessment. The treatment provider shall
provide a copy of the risk assessment to the sentencing court, the prosecuting attorney, and
the juvenile probation office not less than 60 days prior to the projected release of the
juvenile sex offender from a facility where the juvenile sex offender does not have unsupervised
access to the public or immediately upon completion of the risk assessment if the juvenile
sex offender is not in a facility where the juvenile sex offender does not have unsupervised
access to the public. (c) Upon receiving the risk assessment, the juvenile...
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