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30-3-165
Section 30-3-165 Notice. (a) When a notice is required by either Section 30-3-163 or Section
30-3-164, except as provided by Section 30-3-167, the notice of a proposed change of principal
residence of a child or the notice of an intended or proposed change of the principal residence
of an adult as provided in this article must be given by certified mail to the last known
address of the person or persons entitled to notification under this article not later than
the 45th day before the date of the intended change of the principal residence of a child
or the 10th day after the date such information required to be furnished by subsection (b)
becomes known, if the person did not know and could not reasonably have known the information
in sufficient time to comply with the 45-day notice, and it is not reasonably possible to
extend the time for change of principal residence of the child. (b) Except as provided by
Section 30-3-167, all of the following information, if available, must be...
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30-3-168
Section 30-3-168 Failure to give notice. (a) Except as provided in Section 30-3-167, if a person
required to give notice as required by Section 30-3-163 or Section 30-3-164 shall fail to
provide the notice or the information required by subsection (b) of Section 30-3-165, the
court shall consider the failure to provide such notice or information as a factor in making
its determination regarding the change of principal residence of a child; a factor in determining
whether custody or visitation should be modified; a factor for ordering the return of the
child to the former residence of the child if the change of principal residence of a child
has taken place without notice; a factor meriting a deviation from the child support guidelines;
a factor in awarding increased transportation and communication expenses with the child; and
a factor in considering whether the person seeking to change the principal residence of a
child may be ordered to pay reasonable costs and attorney's fees...
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30-3-169.2
Section 30-3-169.2 Court order. (a) Where the ends of justice dictate, the court may grant
a temporary order restraining the change of principal residence of a child or ordering return
of a child to the former residence of the child if a change of principal residence has previously
taken place without compliance with this article, and may consider, among other factors, any
of the following: (1) The notice required by this article was not provided in a timely manner.
(2) The notice required by this article was not accurate or did not contain sufficient information
upon which a person receiving the notice could base an objection. (3) The child already has
been relocated without notice, agreement of the parties, or prior court approval. (4) The
likelihood that on final hearing the court will not approve the change of the principal residence
of the child. (b) The court may grant a temporary order permitting the change of principal
residence of a child and providing for a revised schedule...
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12-15-136
Section 12-15-136 Proceedings for sealing legal and social files and records of courts, pertaining
to certain persons and effect thereof. (a) On motion of a person who has been the subject
of a delinquency or child in need of supervision petition , the juvenile court may order the
sealing of the legal and social files and records of the juvenile court pertaining to the
person if it finds that: (1) Two years have elapsed since the final discharge of the person
from legal custody or supervision or two years after the entry of any other order of the juvenile
court not involving custody or supervision; and (2) The person has not been convicted or adjudicated
delinquent or a youthful offender of any felony or a misdemeanor involving sexual offenses,
drugs, weapons, or violence, or threats of violence, prior to the filing of the motion and
no proceeding is pending seeking the conviction or adjudication. (b) The motion and the order
may include the records, reports, or information specified...
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30-3-167
Section 30-3-167 Disclosure exceptions. (a) In order to protect the identifying information
of persons at risk from the effects of domestic violence or abuse, on a finding by the court
that the health, safety, or liberty of a person or a child would be unreasonably put at risk
by the disclosure of the identifying information required by Section 30-3-163 or Section 30-3-164
in conjunction with a proposed change of principal residence of a child or change of principal
residence of a person having custody of or rights of visitation with a child, the court may
order any or all of the following: (1) The specific residence address and telephone number
of a child or the person having custody of or rights of visitation with a child and other
identifying information shall not be disclosed in the pleadings, other documents filed in
the proceeding, or in any order issued by the court, except for in camera disclosures. (2)
The notice requirements provided by this article may be waived to the...
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30-3-169.6
Section 30-3-169.6 Sanctions. (a) Where a party commences an action without good cause or for
the purpose of harassing or causing unnecessary financial or emotional hardships to the other
party, after notice and a reasonable opportunity to respond, the court may impose sanctions
on a person proposing a change of principal residence of the child or objecting to a proposed
change of principal residence of a child if it determines that the proposal was made or the
objection was filed based upon any of the following: (1) To harass a person or to cause unnecessary
delay or needless increase in the cost of litigation. (2) Without being warranted by existing
law or based on frivolous argument. (3) Based on allegations and other factual contentions,
which had no evidentiary support nor, if specifically so identified, could not have been reasonably
believed to be likely to have evidentiary support after further investigation. (4) Designed
to elicit or discover or lead to the discovery of...
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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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16-1-51.1
Section 16-1-51.1 Comprehensive model policy for supervision and monitoring of juvenile sex
offender students; educational placement of juvenile sex offenders. (a)(1) On or before January
1, 2019, the State Board of Education shall develop a comprehensive model policy for the supervision
and monitoring of juvenile sex offender students, who have a low risk of re-offense and are
enrolled, attending class, and participating in school activities with the general population
of students. The purpose of the model policy is to provide a safe and secure environment for
all students and staff. The model policy shall be adopted by each local board of education
and implemented beginning with the 2020-2021 school year. The model policy, at a minimum,
shall contain all of the following components: a. Application to all school property and school-sponsored
functions including, but not limited to, classroom instructional time, assemblies, athletic
events, extracurricular activities, and school bus...
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16-22A-3
Section 16-22A-3 Definitions. When used in this chapter only, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
APPLICANT. A certified or noncertified individual who submits an application for employment
to a local employing board or any nonpublic school, to act in any capacity in which the individual
will have unsupervised access to children in an educational environment. (2) APPLICANT FOR
CERTIFICATION. An individual who submits an application for certification issued by the State
Superintendent of Education. (3) AUTHORIZED EMPLOYER. Any educational entity authorized to
obtain criminal history background information, including the State Department of Education,
local employing boards, and nonpublic schools which are responsible for hiring employees or
contracting with private employers to provide personnel who have unsupervised access to children
in an educational setting. (4) CERTIFIED APPLICANT FOR EMPLOYMENT. A...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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