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12-15-320
Section 12-15-320 Dispositions. (a) Termination of parental rights cases shall be given priority
over other cases. The trial on the petition for termination of parental rights shall be completed
within 90 days after service of process has been perfected. The trial court judge shall enter
a final order within 30 days of the completion of the trial. (b) If the juvenile court determines
that the parents of a child are unwilling or unable to act as parents and terminates their
parental rights, it may do the following: (1) Transfer or continue the permanent legal custody
of the child to the Department of Human Resources or to any public or private licensed child-placing
agency able and willing to assume the care and maintenance of the child. An order of the juvenile
court which terminates parental rights and awards permanent legal custody to the Department
of Human Resources or to a licensed child-placing agency shall mean that the Department of
Human Resources or the licensed child-placing...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-320.htm - 1K - Match Info - Similar pages
12-15-121
Section 12-15-121 Form, contents, and execution of juvenile petitions. (a) A juvenile petition
alleging delinquency, in need of supervision, or dependency may be signed by any person 18
years of age or older, other than a juvenile court intake officer, who has knowledge of the
facts alleged or is informed of them and believes that they are true. However, the person
signing a dependency petition, in the petition or in an attached affidavit, shall give information,
if reasonably ascertainable, as required in Section 30-3B-209. (b) A petition shall be entitled
"In the matter of _____, a child" and shall be made under oath. (c) The petition
shall set forth with specificity all of the following: (1) The facts which bring the child
under the jurisdiction of the juvenile court, the facts constituting the alleged dependency,
delinquency, or need of supervision and the facts showing that the child is in need of supervision,
treatment, rehabilitation, care, or the protection of the state, as the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-121.htm - 2K - Match Info - Similar pages
38-7-2
Section 38-7-2 Definitions. Terms used in this chapter, unless the context otherwise requires,
have the meanings ascribed to them in this section. When not inconsistent with the context,
words used in the present tense include the future, words in the singular number include the
plural number, and words in the plural number include the singular number, and the word "shall"
is always mandatory and not merely directory: (1) CHILD. Any person under 19 years of age,
a person under the continuing jurisdiction of the juvenile court pursuant to Section 12-15-117,
or a person under 21 years of age in foster care as defined by the Department of Human Resources.
(2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD CARE. A child-care facility where more
than 10 children are received and maintained for the purpose of providing them with care or
training or both, or transitional living program services, but does not include: a. Any institution
for child care which is under the ownership or control,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-7-2.htm - 8K - Match Info - Similar pages
12-15-410
Section 12-15-410 Evidence in commitment proceedings for minor and child with an intellectual
disability. (a) At the final hearing upon a petition seeking to commit a minor or child to
the department on the basis that the minor or child is a person with an intellectual disability,
the juvenile court may grant the petition if clear and convincing evidence proves all of the
following: (1) The minor or child sought to be committed is a person with an intellectual
disability. (2) The minor or child is not mildly retarded, as defined by the department. (3)
The minor or child, if allowed to remain in the community, is likely to cause serious injury
to himself, herself, or others, or that adequate care, rehabilitation, and training opportunities
are available only at a facility provided by the department. (b) Upon these findings, the
juvenile court shall enter an order setting forth the findings, and may order the minor or
child committed to the custody of the department. (c) The commissioner...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-410.htm - 1K - Match Info - Similar pages
38-12-31
Section 38-12-31 Legislative findings. The Legislature finds and declares the following: (1)
There exists in this state a number of children who cannot reside with their parents, legal
guardians, or legal custodians because of such parents', legal guardians', or custodians'
incapacity or inability to perform the regular and expected functions of care and support
of the children and family care and who thereby come to the attention of juvenile court and
into the care and custody of the Department of Human Resources. (2) An increasing number of
relatives, including grandparents, find themselves wanting to provide care to related foster
children on a long-term basis to prevent the children from remaining in foster care with unrelated
caregivers yet these relatives are either unable or unwilling to seek termination of the legal
relationships between the parent and the child, particularly when it is the caregiver's own
child or sibling who is the parent. (3) It is in the public interest to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-12-31.htm - 3K - Match Info - Similar pages
12-15-409
Section 12-15-409 Role of attorney as advocate; designation of facilities. (a) An attorney
representing the state, any county, or municipality or the Department of Youth Services or
the Department of Human Resources or an attorney representing the person or persons filing
a petition to have a minor or child committed may serve as the advocate in support of the
petition to commit in all matters regarding the petition. (b) At the final hearing upon a
petition seeking to commit a minor or child to the custody of the department on the basis
that the minor or child is mentally ill, the juvenile court may grant the petition if clear
and convincing evidence proves all of the following: (1) That the minor or child sought to
be committed is mentally ill. (2) That, as a consequence of the mental illness, the minor
or child poses a real and present threat of substantial harm to himself, herself, or to others.
(3) That the threat of substantial harm has been evidenced by a recent overt act. (4)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-409.htm - 2K - Match Info - Similar pages
38-2-6
Section 38-2-6 Duties, powers, and responsibilities of state department. The aim of the state
department shall be the promotion of a unified development of welfare activities and agencies
of the state and of the local governments so that each agency and each governmental institution
shall function as an integral part of a general system. In order to carry out effectively
these aims, it shall be the duty and responsibility of the state department to: (1) Administer
or supervise all forms of public assistance including general home relief, outdoor and indoor
care for persons in need of assistance, also including those duties that have to do primarily
with the determination of need and authorization of relief. (2) Exercise all the powers, duties,
and responsibilities previously vested by law in the State Child Welfare Department. (3) Provide
services to county or municipal governments including the organization and supervision of
counties for the effective carrying out of welfare...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-2-6.htm - 8K - Match Info - Similar pages
12-15-221
Section 12-15-221 Modification, extension or termination of orders of custody or probation
generally. (a) An order awarding legal custody or an order of probation made by the juvenile
court in the case of a child may be modified, revoked, or extended on motion by: (1) A child,
whose legal custody has been transferred to a department, institution, agency, or person,
requesting the juvenile court for a modification or termination of the order, alleging that
the child is no longer in need of placement or probation and the department, institution,
agency, or person has denied application for release of the child or has failed to act upon
the application within a reasonable time; or (2) A department, institution, agency, or person
vested with legal custody or responsibility for probation, requesting the juvenile court for
a modification, an extension, or a termination of the order on the grounds that the action
is in the best interests of the child or necessary to safeguard the welfare of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-221.htm - 2K - Match Info - Similar pages
12-15-61
Section 12-15-61 Definitions; facilities to be used for detention or shelter care of children
generally; when delinquent child, etc., may be detained in jail or other facility for detention
of adults; notification of court, etc., when child received at facility for detention of adult
offenders or persons charged with crimes; development of statewide system; department to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, etc., when case transferred from juvenile court for criminal prosecution. THIS SECTION
WAS AMENDED AND RENUMBERED AS SECTION 12-15-208 BY ACT 2008-277, EFFECTIVE JANUARY 1, 2009.
(Acts 1975, No. 1205, p. 2384, §5-122; Acts 1990, No. 90-674, p. 1304, §9; Acts 1991, No.
91-634, p. 1192, §1; Acts 1996, No. 96-570, p. 864, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-61.htm - 1K - Match Info - Similar pages
12-15-212
Section 12-15-212 Conduct of delinquency and child in need of supervision hearings. (a) If
the allegations are denied, the juvenile court shall proceed to hear evidence on the petition.
If the juvenile court finds on proof beyond a reasonable doubt, based upon competent, material,
and relevant evidence, that the child committed the acts by reason of which the child is alleged
to be delinquent or in need of supervision, the juvenile court shall record its findings and
proceed to determine whether the child is in need of care or rehabilitation. If the juvenile
court finds that the allegations in the petition have not been established, the juvenile court
shall dismiss the petition and order the child discharged from any detention or temporary
care, theretofore ordered in the proceedings. (b) If the child admits to the allegations contained
in the petition, the juvenile court shall record its findings and proceed to determine whether
the child is in need of care or rehabilitation. (c) When...
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