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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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30-3B-102
Section 30-3B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision.
(2) CHILD. An individual who has not attained 19 years of age. (3) CHILD CUSTODY DETERMINATION.
A judgment, decree, or other order of a court providing for the legal custody, physical custody,
or visitation with respect to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order relating to child support or other
monetary obligation of an individual. (4) CHILD CUSTODY PROCEEDING. A proceeding in a court
in which legal custody, physical custody, or visitation with respect to a child is an issue.
The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from domestic violence, in which
the issue may appear. The term does not include a court...
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30-3-4.2
Section 30-3-4.2 Grandparent visitation. (a) For the purposes of this section,
the following words have the following meanings: (1) GRANDPARENT. The parent of a parent,
whether the relationship is created biologically or by adoption. (2) HARM. A finding by the
court, by clear and convincing evidence, that without court-ordered visitation by the grandparent,
the child's emotional, mental, or physical well-being has been, could reasonably be, or would
be jeopardized. (b) A grandparent may file an original action in a circuit court where his
or her grandchild resides or any other court exercising jurisdiction with respect to the grandchild
or file a motion to intervene in any action when any court in this state has before it any
issue concerning custody of the grandchild, including a domestic relations proceeding involving
the parent or parents of the grandchild, for reasonable visitation rights with respect to
the grandchild if any of the following circumstances exist: (1) An action for...
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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall
have the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense.
(2) CHILD. A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed
child daycare center, a licensed childcare facility, or any other childcare service that is
exempt from licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous
that a reasonable person should know or recognize its location or its address has been provided
to local law enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a
trial, a plea of guilty, a plea of nolo contendere, or an Alford plea regardless of whether
adjudication was withheld. Conviction includes, but is not limited to, a conviction in a United
States territory, a conviction in a federal or military tribunal, including a court martial
conducted by the Armed Forces of the United States, a conviction for an offense committed...
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26-2A-20
Section 26-2A-20 General definitions. As used in this chapter the following terms shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) CLAIMS. In respect of a protected person, includes liabilities of the protected person,
whether arising in contract, tort, or otherwise, and liabilities of the estate which arise
at or after the appointment of a conservator, including expenses of administration. (2) CONSERVATOR.
A person who is appointed by a court to manage the estate of a protected person and includes
a limited conservator described in Section 26-2A-148(a). (3) COURT. A probate court
of this state. (4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective
proceeding who is trained in law, nursing, or social work, is an officer, employee, or special
appointee of the court, and has no personal interest in the proceeding. (5) DISABILITY. Cause
for a protective order as described in Section 26-2A-130. (6) ESTATE. Includes...
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15-25-2
Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving
child under age 16 - Videotaped deposition; who may be present; procedure; protective order.
(a) In any criminal prosecution referred to in Section 15-25-1, the court, upon motion
of the district attorney or Attorney General, for good cause shown and after notice to the
defendant, may order the taking of a videotaped deposition of an alleged victim of or witness
to the crime who is under the age of 16 at the time of the order. (b) On any motion for a
videotaped deposition of the victim or a witness, the court shall consider the age and maturity
of the child, the nature of the offense, the nature of testimony that may be expected, and
the possible effect that the testimony in person at trial may have on the victim or witness,
along with any other relevant matters that may be required by Supreme Court rule. (c) During
the taping of a videotaped deposition authorized pursuant to this section, the...
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12-15-142
Section 12-15-142 Modification, extension, or termination of order after notice and
hearing for person subject thereto; findings required concerning best interests of the child
subject to a juvenile court proceeding. After notice and opportunity for a hearing afforded
to a person subject to a protection or restraint order, the order may be modified or extended
for a further specified period, or both, or may be terminated if the juvenile court finds
that the best interests of the child subject to a juvenile court proceeding will be served
thereby. (Acts 1991, No. 91-661, p. 1265, §5; §12-15-154; amended and renumbered by Act
2008-277, p. 441, §9.)...
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12-15-128
Section 12-15-128 Authority and criteria for continuation of detention or shelter care
of children taken into custody beyond 72 hours. (a) An allegedly delinquent child, dependent
child, or child in need of supervision lawfully taken into custody shall immediately be released,
upon the ascertainment of the necessary facts, to the care, custody, and control of the parent,
legal guardian, or legal custodian of the child or other suitable person able to provide supervision
and care for the child, unless the juvenile court or juvenile court intake officer, subject
to the limitations in Section 12-15-208, finds any of the following: (1) The child
has no parent, legal guardian, legal custodian, or other suitable person able to provide supervision
and care for the child. (2) The release of the child would present a clear and substantial
threat of a serious nature to the person or property of others and where the child is alleged
to be delinquent. (3) The release of the child would present a...
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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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12-15-136
Section 12-15-136 Proceedings for sealing legal and social files and records of courts,
pertaining to certain persons and effect thereof. (a) On motion of a person who has been the
subject of a delinquency or child in need of supervision petition , the juvenile court may
order the sealing of the legal and social files and records of the juvenile court pertaining
to the person if it finds that: (1) Two years have elapsed since the final discharge of the
person from legal custody or supervision or two years after the entry of any other order of
the juvenile court not involving custody or supervision; and (2) The person has not been convicted
or adjudicated delinquent or a youthful offender of any felony or a misdemeanor involving
sexual offenses, drugs, weapons, or violence, or threats of violence, prior to the filing
of the motion and no proceeding is pending seeking the conviction or adjudication. (b) The
motion and the order may include the records, reports, or information specified...
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