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14-11-30
Section 14-11-30 Definitions. When used in this article, the following words shall have
the following meanings: (1) CUSTODY. Any of the following: a. Pretrial incarceration or detention.
b. Incarceration or detention under a sentence or commitment to a state or local penal institution,
any detention facility for children or youthful offenders. c. Parole or mandatory supervised
release. d. Electronic home detention. e. Parole or probation. (2) EMPLOYEE. An employee or
contractual employee of any governmental agency of the state, county, or municipality that
has by statute, ordinance, or court order the responsibility for the care, control, or supervision
of pretrial or sentenced persons in a penal system or detention facility. (3) SEXUAL CONDUCT.
Any of the following acts: a. Sexual intercourse. This term shall have its ordinary meaning
and occurs upon a penetration, however slight; emission is not required. b. Sexual contact.
Any known touching for the purpose of sexual arousal,...
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30-3-64
Section 30-3-64 Employer's answer; order binding on employer; modification by court.
Within 14 days of the service of an income withholding order upon an employer, the employer
shall file an answer with the court which issued the order. The answer shall state whether
or not the obligor is employed by the employer and whether the employer has in his or its
possession income, as such term is defined in this article, due or due to become due to the
obligor. The answer shall also indicate the amount of the obligor's disposable income, as
such term is defined in the Federal Consumer Credit Act, and whether the obligor's disposable
income is currently subject to any writ of garnishment, previous income withholding order
or other legal process and the nature and extent of such previous judgment and process. If
the employer answers that the obligor has income which is subject to the order for income
withholding the order entered pursuant to any of the provisions of this article shall become...
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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears
from a petition for a protection order or a petition to modify a protection order that abuse
has occurred or from a petition for a modification of a protection order that a modification
is warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
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38-12-37
Section 38-12-37 Application. (a) Applications for the program may be submitted by a
prospective kinship guardian. A written agreement between the prospective kinship guardian
entering into the program and the department shall precede the award of a kinship guardianship.
The kinship guardianship subsidy agreement and kinship guardianship subsidy shall become effective
only upon entry of an order of a court awarding kinship guardianship. The agreement shall
specify, at a minimum, the following: (1) The amount of, and manner in which, each kinship
guardianship assistance payment will be provided under the agreement, and the manner in which
the payment may be adjusted periodically, in consultation with the relative guardian, based
on the circumstances of the relative guardian and the needs of the child. (2) The additional
services and assistance that the child and relative guardian or successor guardian will be
eligible for under the agreement. (3) The procedure by which the relative...
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42-2-3
Section 42-2-3 Order appointing day of hearing; publication and service of notice of
hearing. On the filing of the application, the court must make and enter an order appointing
the day for the hearing thereof. If the owner of the land resides within the state, the court
must issue notice to him of the application and of the day of the hearing thereof, which must
be served by the sheriff or other legal officer at least 10 days before the day appointed
for the hearing. If the owner is unknown or if he resides without the state or has been absent
from the state or beyond the jurisdiction of the court in which the application is made for
six months next before the time of the filing of the application in said court, notice may
be given by advertisement in any newspaper published in the county or, if there be no newspaper
published in the county, by posting notice at the courthouse and three other public places
for at least three weeks before the day appointed for the hearing. If the owner...
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15-23-102
Section 15-23-102 Order to submit to testing; designation of attending physician; additional
testing; access to results; post-test counseling. (a)(1) If the district attorney files a
motion under Section 15-23-101, the court shall order the person charged to submit
to testing if the court determines there is probable cause to believe that the person charged
committed the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse, assault
by bodily fluids, or any other crime where the victim was compelled to engage in sexual activity
by force or threat of force and the transmission of body fluids was involved. (2) If a warrant,
information, or indictment has been issued and the defendant is in custody or has been served
with the warrant, information, or indictment, the test shall be performed within 48 hours
of service of the court order requiring the defendant to submit to testing. (b) When a test
is ordered under Section 15-23-101, the victim of the crime or a parent or...
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26-14-7.2
Section 26-14-7.2 Child denied medical treatment due to parents' religious beliefs.
(a) When an investigation of child abuse or neglect by the Department of Human Resources determines
that a parent or legal guardian legitimately practicing his or her religious beliefs has not
provided specific medical treatment for a child, the parent or legal guardian shall not be
considered a negligent parent or guardian for that reason alone. This exception shall not
preclude a court from ordering that medical services be provided to the child when the child's
health requires it. (b) The department may, in any case, pursue any legal remedies, including
the initiation of legal proceedings in a court of competent jurisdiction, as may be necessary
to provide medical care or treatment for a child when the care or treatment is necessary to
prevent or remedy serious harm to the child, or to prevent the withholding of medically indicated
treatments from infants with disabilities and with life-threatening...
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26-21-7
Section 26-21-7 Nonliability of physician for claims arising out of disclosure of information;
nondisclosure of information regarding abortion pursuant to court order; physician has no
duty to secure waiver. (a) No physician who complies with the parental consent requirements
of this chapter shall be liable in any manner to the minor upon whom the abortion was performed
for any claim whatsoever arising out of or based on the disclosure of any information concerning
the medical condition of such minor to her parent, parents, or legal guardian. Notwithstanding
the foregoing, a physician who performs an abortion pursuant to a court order obtained under
this chapter, shall not disclose any information regarding same to the parent, parents, or
legal guardian of the minor unless such disclosure is made pursuant to a court order. In no
event shall the physician be under any duty to initiate proceedings in any court to secure
a waiver of the parental consent requirement on behalf of any minor...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-21-7.htm - 2K - Match Info - Similar pages
26-8-41
Section 26-8-41 Removal of property of minor or ward whose parent, etc., resides without
state or removes minor or ward from state - Application, etc., for order of removal. The application
for the order of removal must be made in writing, signed by the parent, guardian, or other
person having legal custody of the minor or ward, verified by affidavit and accompanied by
a transcript, duly certified, of the appointment of a conservator for such minor or ward by
a court of competent jurisdiction in the state of the residence of the parent, guardian, or
other person having legal custody of the minor and of the bond of such conservator with sureties
approved by such court; provided, that if the conservator so appointed is a corporate fiduciary
which, under the laws of the state wherein appointed, is not required to make bond, a certificate
from the appointing authority stating this may be filed in lieu of a copy of the conservator's
bond. (Code 1886, §2490; Code 1896, §2375; Code 1907,...
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27-7-29
Section 27-7-29 Nonresident agents or brokers - Service of process. (a) Each licensed
nonresident producer shall be considered to have performed acts equivalent to and constituting
an appointment of the commissioner as his or her attorney to receive service of legal process
issued against the nonresident producer in this state upon causes of action arising within
this state out of transactions under the nonresident producer's license. Service upon the
commissioner as such attorney shall constitute effective legal service upon the nonresident
producer. (b) The appointment shall be irrevocable for as long as there may be any such cause
of action in this state against the nonresident producer. (c) Service of process under this
section shall be made by leaving three copies of the summons and complaint, or other
process, with the commissioner, along with payment of the fee prescribed in Section
27-4-2, and the service shall be sufficient service upon the nonresident if notice of the
service...
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