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12-15-115
Section 12-15-115 Original jurisdiction - Civil. (a) A juvenile court shall also exercise original
jurisdiction of the following civil proceedings: (1) Removal of disabilities of nonage pursuant
to Chapter 13 of Title 26. (2) Proceedings for judicial consent for a person under the respective
legal age to marry, to be employed, withdraw from school, or enlist in military service when
this consent is required by law. (3) Proceedings for the commitment of a minor or child with
mental illness or an intellectual disability to the Department of Mental Health, as provided
in Article 4 (commencing with Section 12-15-401). (4) Proceedings for the adoption of a child
when these proceedings have been transferred from probate court as provided by law. (5) Proceedings
for waiver of parental consent for a minor to have an abortion pursuant to Chapter 21 of Title
26. (6) Proceedings to establish parentage of a child pursuant to the Alabama Uniform Parentage
Act, Chapter 17 of Title 26. (7)...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
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12-15-117
Section 12-15-117 Retention and termination of jurisdiction generally. (a) Once a child has
been adjudicated dependent, delinquent, or in need of supervision, jurisdiction of the juvenile
court shall terminate when the child becomes 21 years of age unless, prior thereto, the judge
of the juvenile court terminates its jurisdiction by explicitly stating in a written order
that it is terminating jurisdiction over the case involving the child. Nothing in this section
is intended to affect the initial and continuing jurisdiction of juvenile courts over cases
other than delinquency, dependency, or in need of supervision cases as provided in Sections
12-15-114, 12-15-115, 12-15-116, or any other statute by which jurisdiction was initially
lawfully invoked. (b) The jurisdiction of the juvenile court shall terminate when the child
is convicted or adjudicated a youthful offender as provided in Section 12-15-203(i) and Section
12-15-204(b). If a person already under the jurisdiction of the...
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12-15-319
Section 12-15-319 Grounds for termination of parental rights; factors considered; presumption
arising from abandonment. (a) If the juvenile court finds from clear and convincing evidence,
competent, material, and relevant in nature, that the parents of a child are unable or unwilling
to discharge their responsibilities to and for the child, or that the conduct or condition
of the parents renders them unable to properly care for the child and that the conduct or
condition is unlikely to change in the foreseeable future, it may terminate the parental rights
of the parents. In a hearing on a petition for termination of parental rights, the court shall
consider the best interests of the child. In determining whether or not the parents are unable
or unwilling to discharge their responsibilities to and for the child and to terminate the
parental rights, the juvenile court shall consider the following factors including, but not
limited to, the following: (1) That the parents have abandoned...
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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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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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12-15-126
Section 12-15-126 Issuance of pick-up order for taking into custody. If it appears from a sworn
statement, written or verbal, presented to the juvenile court that a child needs to be placed
in detention or shelter or other care, the juvenile court may issue a pick-up order that a
law enforcement officer or other person authorized by this chapter shall at once take the
child into custody and take him or her to the place of detention or shelter or other care
designated by the juvenile court. (Acts 1975, No. 1205, p. 2384, §5-120; §12-15-57; amended
and renumbered by Act 2008-277, p. 441, §7.)...
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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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12-15-217
Section 12-15-217 Notice of delinquent acts. (a) Notwithstanding subsection (a) of Section
12-15-133, written notice that a child enrolled in a school, kindergarten to grade 12, has
been found delinquent of an act which if committed by an adult would be a Class A or B felony
or any other crime, at the discretion of the juvenile court, shall be provided within seven
days to the superintendent of the school district of attendance, or, if the child attends
a private school, to the principal of the school. The juvenile court shall provide the notice
using whatever method it deems appropriate or otherwise as decided by the Administrative Office
of Courts. The prosecutor may recommend to the juvenile court that notice be given to the
school for any delinquent act. Written notice shall include only the offenses, enumerated
by the appropriate code section and brief description, found to have been committed by the
child and the disposition of the case involving the child. Where applicable, this...
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12-15-304
Section 12-15-304 Appointment by juvenile courts of guardians ad litem. (a) In all dependency
and termination of parental rights proceedings, the juvenile court shall appoint a guardian
ad litem for a child who is a party to the proceedings and whose primary responsibility shall
be to protect the best interests of the child. (b) The duties of the guardian ad litem include,
but shall not be limited to, the following: (1) Irrespective of the age of the child, meet
with the child prior to juvenile court hearings and when apprised of emergencies or significant
events impacting the child. In addition, the guardian ad litem shall explain, in terms understandable
to the child, what is expected to happen before, during, and after each juvenile court hearing.
(2) Conduct a thorough and independent investigation. (3) Advocate for appropriate services
for the child and the family. (4) Attend all juvenile court hearings scheduled by the juvenile
court and file all necessary pleadings to facilitate...
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