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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12-15-116
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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12-15-204
Section 12-15-204 Acts for which person who has attained age 16 shall be charged, arrested, and tried as adult; removal of person from jurisdiction of juvenile court. (a) Notwithstanding any other provision of law, any person who has attained the age of 16 years at the time of the conduct charged and who is charged with the commission of any act or conduct, which if committed by an adult would constitute any of the following, shall not be subject to the jurisdiction of juvenile court but shall be charged, arrested, and tried as an adult: (1) A capital offense. (2) A Class A felony. (3) A felony which has as an element thereof the use of a deadly weapon. (4) A felony which has as an element thereof the causing of death or serious physical injury. (5) A felony which has as an element thereof the use of a dangerous instrument against any person who is one of the following: a. A law enforcement officer or official. b. A correctional officer or official. c. A parole or probation officer or...
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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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45-48-80
Section 45-48-80 Additional court costs - Child protection. (a) In order to further provide for the protection and welfare of children in Marshall County who are alleged to be or have been found by the juvenile court of the county to be abused and neglected or otherwise dependent pursuant to Section 12-15-102, a fee of four dollars ($4) shall be charged and collected by the clerk of the court on each district court case in Marshall County. The fee shall be in addition to all other costs and charges in district court cases in Marshall County. (b) The clerk of court shall collect the fee in the same manner as other costs in district court and shall remit the fee to the Child Protection Fund in the county treasury to be administered by the presiding juvenile judge of Marshall County. Any money distributed from the Child Protection Fund shall be used for the court appointed juvenile advocates (CAJA) program and as approved by the presiding juvenile judge of Marshall County. (Act 98-311, p....
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12-15-127
Section 12-15-127 Release, delivery to detention or shelter care facility, medical facility of children taken into custody generally. (a) A person taking a child into custody without an order of the juvenile court shall, with all possible speed, and in accordance with this chapter and the rules of court pursuant thereto: (1) Release the child to the parents, legal guardian, or legal custodian of the child or other suitable person able to provide supervision and care for the child and issue verbal counsel and warning as may be appropriate. (2) Release the child to the parents, legal guardian, or legal custodian of the child upon his or her promise to bring the child before the juvenile court when requested, unless the placement of the child in detention or shelter care appears required. If a parent, legal guardian, or other legal custodian fails, when requested, to bring the child before the juvenile court as provided in this section, the juvenile court may issue an order directing that...
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26-17-102
Section 26-17-102 Definitions. In this chapter: (1) "Acknowledged father" means a man who has established a father-child relationship under Article 3. (2) "Adjudicated father" means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child. (3) "Alleged father" means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. The term does not include: (A) a presumed father; (B) a man whose parental rights have been terminated or declared not to exist; or (C) a male donor who donates in compliance with Section 26-17-702. (4) "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse. The term includes: (A) intrauterine insemination; (B) donation of eggs; (C) donation of embryos; (D) in-vitro fertilization and transfer of embryos; and (E) intracytoplasmic sperm injection. (5) "Child" means an individual of any age whose...
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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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12-15-109
Section 12-15-109 Issuance of orders to parents for payment of court costs, fees of attorneys, and expenses for support, treatment of children under the jurisdiction of the juvenile court pursuant to this chapter; manner of payment; proceedings upon failure of parents to pay amounts directed. If, after making a parent, or other person legally obligated to care for and support a child, a party to the action pursuant to this chapter and the Alabama Rules of Juvenile Procedure and after a hearing, the juvenile court finds that the parent or other person is financially able to pay all or part of the court costs, as provided by law, attorney fees, and expenses with respect to examination, treatment, care, detention, or support of the child incurred from the commencement of the proceeding in carrying out this chapter, the juvenile court shall order them to pay the same and may prescribe the manner of payment. Unless otherwise ordered, payment shall be made to the clerk of the juvenile court...
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12-15-120
Section 12-15-120 Cases initiated by filing of petitions by juvenile court intake officers. (a) Delinquency, child in need of supervision, and dependency cases and proceedings pursuant to Section 12-15-132 before the juvenile court shall be initiated by the filing of a petition by the juvenile court intake officer who shall receive verified complaints and proceed thereon pursuant to rules of procedure adopted by the Supreme Court of Alabama. (b) A petition alleging that a child is a delinquent child, dependent child, or a child in need of supervision shall not be filed by a juvenile court intake officer unless the juvenile court intake officer has determined and endorsed upon the petition that the juvenile court has subject matter jurisdiction and venue over the case and that the filing of the petition is in the best interests of the public and the child. (Acts 1975, No. 1205, p. 2384, §5-114; §12-15-50; amended and renumbered by Act 2008-277, p. 441, §7.)...
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