12-15-213
Section 12-15-213 Children charged with delinquent acts or alleged to be in need of
supervision to be accorded privilege against self-incrimination; admissibility in evidence
of extrajudicial statements of children and evidence illegally seized or obtained; double
jeopardy. (a) A child charged with a delinquent act or who is alleged to be in need of supervision
shall be accorded the rights and privileges afforded by the Constitution of the United States
and the Constitution of Alabama of 1901. (b) An extrajudicial statement which would be constitutionally
inadmissible in a criminal proceeding may not be received in evidence over objection. Evidence
illegally seized or obtained may not be received in evidence over objection to establish the
allegations against the child. An extrajudicial admission or confession made by the child
out of court is insufficient to support a finding that the child committed the acts alleged
in the petition unless it is corroborated by other evidence. (c)...
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12-15-310
Section 12-15-310 Conduct of adjudicatory hearings. (a) An adjudicatory hearing is a
hearing at which evidence is presented for a juvenile court to determine if a child is dependent.
At the commencement of the hearing, if the parties are not represented by counsel, they shall
be informed of the specific allegations in the petition. The parties shall be permitted to
admit or deny the allegations prior to the taking of testimony. (b) If the allegations are
denied by the parties or if they fail to respond, the juvenile court shall proceed to hear
evidence on the petition. The juvenile court shall record its findings on whether the child
is dependent. If the juvenile court finds that the allegations in the petition have not been
proven by clear and convincing evidence, the juvenile court shall dismiss the petition. (c)
A statement made by a child under the age of 12 describing any act of child abuse committed
against the child, if it is not otherwise admissible by statute or court rule, is...
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38-1-3
Section 38-1-3 Legal representative for handling public assistance payments of incompetents.
If any otherwise qualified applicant for or recipient of public assistance appears to be incapable,
physically or mentally, or both, of managing his public assistance payments, and has no legal
guardian, he, his spouse, father, mother, child, brother or sister, with the consent of the
Department of Human Resources, or the Department of Human Resources may petition the probate
judge for the appointment of a legal representative to handle his public assistance payments
only. The petition shall be accompanied by a certificate in writing of a physician which certificate
shall state that the physician upon examination believes the applicant or recipient to be
physically or mentally, or both, incapable of managing his public assistance payments. The
probate judge shall conduct a hearing for the purpose of appointing a competent person as
legal representative after notice of at least 10 days in...
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26-10A-24
Section 26-10A-24 Contested hearing. (a) Whenever a motion contesting the adoption is
filed, the court shall set the matter for a contested hearing to determine: (1) Whether the
best interests of the adoptee will be served by the adoption. (2) Whether the adoptee is a
person capable of being adopted by the petitioner in accordance with the requirements of this
chapter. (3) Whether an actual or implied consent or relinquishment to the adoption is valid.
(4) Whether a consent or relinquishment may be withdrawn. (b) The court shall give notice
of the contested hearing by certified mail to all parties who have appeared before the court.
The moving party and each petitioner shall be present at the contested hearing. The guardian
ad litem shall appear and represent the interests of the adoptee. (c) The court may continue
the hearing from time to time to permit notice to all parties, or to permit further discovery,
observation, investigation, or consideration of any fact or circumstances...
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26-10A-19
Section 26-10A-19 Investigation. (a) A pre-placement investigation shall be made to
determine the suitability of each petitioner and the home in which the adoptee will be placed.
The investigation shall include a criminal background investigation and any other circumstances
which might be relevant to the placement of an adoptee with the petitioners. A copy of the
pre-placement investigation shall be filed with the court when the petition for adoption is
filed. (b) An individual or couple may initiate a pre-placement investigation by request directly
through the Department of Human Resources or a licensed child placing agency or by filing
a request with the probate court. The court may appoint any agency or individual qualified
under subsection (d) to perform the pre-placement investigation. Upon completion of the investigation,
a copy of the report shall be sent to the petitioners. The report is to be filed with the
court at the time of the filing of the petition for adoption. (c)...
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26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
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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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12-15-308
Section 12-15-308 Filing of petition and conduct of 72-hour hearing as to necessity
for continuation of shelter care of a child. (a) When a child alleged to be dependent has
been removed from the custody of the parent, legal guardian, or legal custodian and has not
been returned to same, a hearing shall be held within 72 hours from the time of removal, Saturdays,
Sundays, and holidays included, to determine whether continued shelter care is required. (b)
Notice of the 72-hour hearing requirement, either verbal or written, stating the date, time,
place, and purpose of the hearing and the right to counsel shall be given to the parent, legal
guardian, or legal custodian if he or she can be found. (c) At the commencement of the 72-hour
hearing requirement, the juvenile court shall advise the parent, legal guardian, or legal
custodian of the right to counsel and shall appoint counsel if the juvenile court determines
he or she is indigent. If the juvenile court already has not done so, it...
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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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22-9A-10
Section 22-9A-10 Judicial procedure to establish facts of birth. (a) If a delayed certificate
of birth is rejected under Section 22-9A-9, a petition signed and sworn to by the petitioner
may be filed with a circuit court of any county in this state in which he or she resides or
was born, for an order establishing a birth record. (b) The petition shall allege each of
the following: (1) The person for whom a delayed certificate of birth is sought was born in
this state. (2) No certificate of birth can be found in the Office of Vital Statistics. (3)
Diligent efforts by the petitioner have failed to obtain the evidence required in accordance
with Section 22-9A-9. (4) The State Registrar has refused to register a delayed certificate
of birth. (5) Other allegations as may be required. (c) The petition shall be accompanied
by a statement of the State Registrar made in accordance with Section 22-9A-9 and all
documentary evidence which was submitted to the State Registrar in support of the...
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