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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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12-21-131
Section 12-21-131 Interpreters for persons defective in speech and/or hearing - Qualified
interpreter provided in certain criminal and juvenile proceedings; requirements; fees. (a)
Deaf person means any person either totally deaf, or who has defective hearing, or who has
both defective hearing and speech. (b) For the purpose of this section, the term qualified
interpreter means an interpreter certified by the National Registry of Interpreters for the
Deaf, Alabama Registry of Interpreters for the Deaf, or, in the event an interpreter so certified
is not available, an interpreter whose qualifications are otherwise determined. Efforts to
obtain the services of a qualified interpreter certified with a legal skills certificate or
a comprehensive skills certificate will be made prior to accepting services of an interpreter
with lesser certification. No qualified interpreter shall be appointed unless the appointing
authority and the deaf person make a preliminary determination that the...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-4.2.htm - 10K - Match Info - Similar pages
22-52-91
Section 22-52-91 Duty of law enforcement officer, community mental health officer to
take into custody alleged mentally ill persons; detention; admission; hearing. (a) When a
law enforcement officer is confronted by circumstances and has reasonable cause for believing
that a person within the county is mentally ill and also believes that the person is likely
to be of immediate danger to self or others, the law enforcement officer shall contact a community
mental health officer. The community mental health officer shall join the law enforcement
officer at the scene and location of the person to assess conditions and determine if the
person needs the attention, specialized care, and services of a designated mental health facility.
If the community mental health officer determines from the conditions, symptoms, and behavior
that the person appears to be mentally ill and poses an immediate danger to self or others,
the law enforcement officer shall take the person into custody and,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-91.htm - 7K - Match Info - Similar pages
26-10A-12
Section 26-10A-12 Persons who may take consent or relinquishments; forms. (a) A consent
of the natural mother taken prior to the birth of a child shall be signed or confirmed before
a judge of probate. At the time of taking the consent the judge shall explain to the consenting
parent the legal effect of signing the document and the time limits and procedures for withdrawal
of the consent and shall provide the parent with a form for withdrawing the consent in accordance
with the requirements of Sections 26-10A-13 and 26-10A-14. (b) All other pre-birth or post-birth
consents or relinquishments shall be signed or confirmed before: (1) A judge or clerk of any
court which has jurisdiction over adoption proceedings, or a public officer appointed by such
judge for the purpose of taking consents; or (2) A person appointed to take consents who is
appointed by any agency which is authorized to conduct investigations or home studies provided
by Section 26-10A-19, or, if the consent is taken out...
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26-10A-31
Section 26-10A-31 Confidentiality of records, hearing; parties. (a) After the petition
is filed and prior to the entry of the final decree, the records in adoption proceedings shall
be open to inspection only by the petitioner or his or her attorney, the investigator appointed
under Section 26-10A-19, any attorney appointed for the adoptee under Section
26-10A-22, and any attorney retained by or appointed to represent the adoptee. Such records
shall be open to other persons only upon order of court for good cause shown. (b) All hearings
in adoption proceedings shall be confidential and shall be held in closed court without admittance
of any person other than interested parties and their counsel, except with leave of court.
(c) After the final decree of adoption has been entered, all papers, pleadings, and other
documents pertaining to the adoption shall be sealed, kept as a permanent record of the court,
and withheld from inspection except as otherwise provided in this section and in...
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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears
from a petition for a protection order or a petition to modify a protection order that abuse
has occurred or from a petition for a modification of a protection order that a modification
is warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
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24-8-13
Section 24-8-13 Recommendation for hearing by investigator; order for hearing; parties'
right to take civil action; amendment of complaint; subpoenas; refusal to allow discovery;
hearing; panel opinion and order; review. (a) If not sooner resolved, the investigator, upon
completion of his investigation, shall submit to ADECA a statement of the facts disclosed
by his investigation and recommend either that the complaint be dismissed or that a panel
of office members be designated to hear the complaint. ADECA, after review of the case file
and the statement and recommendation of the investigator, shall issue an order either of dismissal
or for a hearing, which is not subject to judicial or other further review. (b) If the order
is for dismissal, ADECA shall mail a copy of the order to the complainant and the respondent
at their last known addresses. The complainant may bring an action against the respondent
in circuit court within 90 days of the date of the dismissal or within one year...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/24-8-13.htm - 7K - Match Info - Similar pages
26-14-7.1
Section 26-14-7.1 Due process rights for persons under investigation by department.
Any person who comes under investigation by the Department of Human Resources for the abuse
or neglect of a child or children and who is employed by, serves as a volunteer for, holds
a license or certificate for, or is connected with any facility, agency, or home which cares
for and controls any children and which is licensed, approved, or certified by the state,
operated as a state facility, or any public, private, or religious facility or agency that
may be exempt from licensing procedures shall be granted the following due process rights
by the Department of Human Resources: (1) The department shall notify the alleged perpetrator
that an investigation has commenced against him or her after such investigation has officially
begun in accordance with written policies established by the Department of Human Resources.
The notice shall be in writing and shall state the name of the child or children...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-14-7.1.htm - 7K - Match Info - Similar pages
15-5-50
Section 15-5-50 Warrant for tracking device installation; requirements; procedures.
(a) Any circuit or district court judge in this state is authorized to issue a warrant to
install a tracking device. The term tracking device means an electronic or mechanical device
which permits the tracking of the movement of a person or object. (b) Upon the written application,
under oath, of any law enforcement officer as defined in Alabama Rule of Criminal Procedure
1.4, district attorney, or Attorney General of the state, including assistant and deputy district
attorneys and assistant and deputy attorneys general, any authorized judge may issue a warrant
for the installation, retrieval, maintenance, repair, use, or monitoring of a tracking device.
The warrant application shall do all of the following: (1) State facts sufficient to show
probable cause that a crime is being, has been, or is about to be committed in the jurisdiction
of the issuing judge. (2) Identify the person, if reasonably...
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