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30-3-161
Section 30-3-161 Definitions. As used in this article, the following words and phrases
shall have the following meanings, unless the context requires a different definition: (1)
CHANGE OF PRINCIPAL RESIDENCE. A change of the residence of a child whose custody has been
determined by a prior court order, whether or not accompanied by a change of the residence
of a person entitled to custody of the child, with the intent that such change shall be permanent
in nature and not amounting to a temporary absence of the child from his or her principal
residence. (2) CHILD. A minor child as defined by subdivision (2) of Section 30-3B-102.
As used in this article, the term may include the singular and the plural. (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...
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30-2-40
Section 30-2-40 Legal separation. (a) The court shall enter a decree of legal separation
if all of the following requirements are satisfied: (1) The court determines that the jurisdictional
requirements for the dissolution of a marriage have been met. (2) The court determines the
marriage is irretrievably broken or there exists a complete incompatibility of temperament
or one or both of the parties desires to live separate and apart. (3) To the extent that it
has jurisdiction to do so, the court has considered, approved, or provided for child custody,
and has entered an order for child support in compliance with Rule 32 of the Alabama Rules
of Judicial Administration. (b) A legal separation is a court determination of the rights
and responsibilities of a husband and wife arising out of the marital relationship. A decree
of legal separation does not terminate the marital status of the parties. (c) If a party files
a complaint for a decree of legal separation rather than a decree of...
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30-3B-308
Section 30-3B-308 Expedited enforcement of child custody determination. (a) A petition
under this article must be verified. Certified copies of all orders sought to be enforced
and of any order confirming registration must be attached to the petition. A copy of a certified
copy of an order may be attached instead of the original. (b) A petition for enforcement of
a child custody determination must state: (1) Whether the court that issued the determination
identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so,
what the basis was; (2) Whether the determination for which enforcement is sought has been
vacated, stayed, or modified by a court whose decision must be enforced under this chapter
and, if so, identify the court, the case number, and the nature of the proceeding; (3) Whether
any proceeding has been commenced that could affect the current proceeding, including proceedings
relating to domestic violence, protective orders, termination of parental...
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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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12-15-313
Section 12-15-313 Ordering and preparation of report concerning a child and family;
ordering, conduct, and certification of findings of physical or mental examination of child
prior to hearing on petition generally; examination of parent, legal guardian, or legal custodian
after hearing where ability to care for or supervise child at issue. (a) After a petition
alleging dependency has been filed, the juvenile court may direct that a study and report
to the juvenile court be made by the Department of Human Resources with recommendations concerning
the child, his or her family, his or her environment, and other matters relevant to the need
for treatment or disposition of the case. (b) Where there are indications that the child may
be physically ill or a child with mental illness or an intellectual disability, on its own
motion or motion of a party, may order the child to be examined at a suitable place by a physician,
psychiatrist, psychologist, or other qualified examiner under the...
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12-15-317
Section 12-15-317 Who may file petition. The Department of Human Resources, any public
or private licensed child-placing agency, parent, child, or any interested person may file
a petition to terminate the parental rights of a parent or parents of a child. (1) Mandatory
filing of petition by the Department of Human Resources. The Department of Human Resources
shall be required to file a petition to terminate the parental rights of a parent or parents
of a child, or if the petition has been filed by another party, shall seek to be joined as
a party to the petition, and, concurrently, to identify, recruit, process, and approve a qualified
family for adoption, in the following circumstances: a. In the case of a child who has been
in foster care in the custody of the Department of Human Resources for 12 of the most recent
22 months. b. If a child has been abandoned. c. If the parent has committed murder of another
child of that parent. d. If the parent has committed manslaughter of another...
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26-16-52
Section 26-16-52 Ad hoc child abuse protection team advisory committee created; composition,
duties, etc.; annual report. Upon October 1, 1985, an ad hoc child abuse protection team advisory
committee shall be created and shall consist of the following members: The Governor of the
State of Alabama or his or her designated representative; the Director of the Department of
Human Resources; the Executive Director of the Child Abuse Trust Fund; the President of the
State Parents Teachers Association; two judges in the State of Alabama that preside over courts
exercising juvenile jurisdiction to be selected by the Chief Justice of the Alabama Supreme
Court; one representative from the Association of County Department of Human Resources County
Directors to be selected by the Governor; the Executive Director of the Office of Prosecution
Services; the Chairman of the Victims Compensation Commission; and two other members selected
by the President of the Child Abuse Trust Fund. The committee...
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26-23A-3
Section 26-23A-3 Definitions. For the purposes of this chapter, the following terms
have the following meanings: (1) ABORTION. The use or prescription of any instrument, medicine,
drug, or any other substance or device with the intent to terminate the pregnancy of a woman
known to be pregnant. Such use or prescription is not an abortion if done with the intent
to save the life or preserve the health of an unborn child, remove a dead unborn child, or
to deliver an unborn child prematurely in order to preserve the health of both the mother
(pregnant woman) and her unborn child. (2) CONCEPTION. The fusion of a human spermatozoon
with a human ovum. (3) EMANCIPATED MINOR. Any minor who is or has been married or has by court
order otherwise been legally freed from the care, custody, and control of her parents. (4)
GESTATIONAL AGE. The time that has elapsed since the first day of the woman's last menstrual
period. (5) MEDICAL EMERGENCY. That condition which, on the basis of the physician's...
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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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15-16-71
Section 15-16-71 Removal of conditions of release or release without conditions after
notice and hearing. If at any time after a defendant has been conditionally released, it appears
that removal of some of the conditions or release of the defendant without conditions will
not cause the defendant to pose a real and present threat of substantial harm to himself or
to others by being at large, the court, after a hearing, shall remove the unnecessary conditions,
or it shall order the defendant released unconditionally and terminate its jurisdiction over
the case, as the case may be. All such hearings shall be preceded by notice to the department
and to the parties required to be notified in Section 15-16-63. (Acts 1988, No. 88-581,
p. 906, ยง12.)...
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