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15-12-1
Section 15-12-1 Definitions. When used in this chapter, the following terms shall have
the following meanings: (1) APPOINTED COUNSEL. Any attorney licensed to practice law in the
State of Alabama who is appointed by the court to represent an indigent defendant. (2) CONTRACT
COUNSEL. Any attorney licensed to practice law in the State of Alabama, or a firm, association,
corporation, or partnership of lawyers so licensed, executing a contract for the provision
of indigent defense services. (3) DIRECTOR. The Director of the Office of Indigent Defense
Services. (4) INDIGENT DEFENDANT. Any person involved in a criminal or juvenile proceeding
in the trial or appellate courts of the state for which proceeding representation by counsel
is constitutionally required or is authorized or required by statute or court rule, including
parents of children during the termination of parental rights hearings, who under oath or
affirmation states that he or she is unable to pay for his or her...
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15-20A-32
Section 15-20A-32 Juvenile sex offender - Requirements upon entering state. (a) A juvenile
sex offender or youthful offender sex offender, or equivalent thereto, who is not currently
a resident of this state, shall immediately appear in person and register all required registration
information upon establishing a residence, accepting employment or a volunteer position, or
beginning school attendance in this state with local law enforcement in each county where
the juvenile sex offender or youthful offender sex offender resides or intends to reside,
accepts employment or a volunteer position, or begins school attendance. (b) Within 30 days
of initial registration, the juvenile sex offender or youthful offender sex offender shall
provide each registering agency with a certified copy of his or her sex offense adjudication;
however, a juvenile sex offender or youthful offender sex offender shall be exempt under this
subsection if the court of adjudication seals the records and refuses to...
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16-28-13
Section 16-28-13 Burden of proof on person in loco parentis. No parent, guardian or
other person having control or charge of any child shall be convicted for failure to have
said child enrolled in school or for failure to send a child to school or for failure to require
such child to regularly attend such school or tutor, or for failure to compel such child to
properly conduct himself as a pupil, if such parent, guardian or other person having control
or charge of such child can establish to the reasonable satisfaction of the court the following:
(1) That the principal teacher in charge of said school which he attends or should attend
or the tutor who instructs or should instruct said child gave permission for the child to
be absent; or (2) That such parent, guardian or other person is unable to provide necessary
books and clothes in order that the child may attend school in compliance with law, and that
such parent, guardian or other person had prior to the opening of the school, or...
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30-3-161
Section 30-3-161 Definitions. As used in this article, the following words and phrases
shall have the following meanings, unless the context requires a different definition: (1)
CHANGE OF PRINCIPAL RESIDENCE. A change of the residence of a child whose custody has been
determined by a prior court order, whether or not accompanied by a change of the residence
of a person entitled to custody of the child, with the intent that such change shall be permanent
in nature and not amounting to a temporary absence of the child from his or her principal
residence. (2) CHILD. A minor child as defined by subdivision (2) of Section 30-3B-102.
As used in this article, the term may include the singular and the plural. (3) CHILD CUSTODY
DETERMINATION. A judgment, decree, or other order of a court providing for the legal custody,
physical custody, or visitation with respect to a child. The term includes a permanent, temporary,
initial, and modification order. The term does not include an order relating...
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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...
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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,...
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12-15-106
Section 12-15-106 Juvenile court referees' qualifications and appointment; conduct of
hearings of cases by juvenile court referees; transmission of findings and recommendations
for disposition of juvenile court referees to juvenile court judges; provision of notice and
written copies of findings and recommendations of juvenile court referees to parties; rehearing
of cases by juvenile court judges; when findings and recommendations of juvenile court referees
become decree of the juvenile court. (a) Appointment of Referees. The Administrative Director
of Courts may authorize one or more referee positions in any judicial circuit on either a
full-time or a part-time basis upon submission of a written request by the presiding juvenile
court judge and upon consideration of funding and the juvenile and child-support caseload
in the circuit. Once the Administrative Director of Courts approves the request, the presiding
judge of the juvenile court may appoint an attorney the judge believes to...
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12-15-318
Section 12-15-318 Service of process. (a) Except as otherwise provided by the Alabama
Rules of Juvenile Procedure and this section, service of process of termination of
parental rights actions shall be made in accordance with the Alabama Rules of Civil Procedure.
(b) If service of process has not been completed within 45 days of the filing of the termination
of parental rights petition, the petitioner shall request service by publication. (c) Service
of process by publication may not be ordered by the juvenile court unless at least one of
the following conditions is met: (1) The child who is the subject of the proceedings was abandoned
in the state, or (2) The state or private department or agency having custody of the child
has established, by evidence presented to the juvenile court, that the absent parent or parents
are avoiding service of process or their whereabouts are unknown and cannot be ascertained
with reasonable diligence. (d) Service shall be made by publication in a...
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12-20-50
Section 12-20-50 Establishment or restoration of lost, etc., records of state, county,
or municipality. The circuit courts of this state shall have jurisdiction of an action by
the state, a county or municipality or any citizen who will give security for the costs of
the proceeding to establish or restore any lost, mislaid, destroyed or mutilated records of
the state, county or municipality, or of any department, agency or instrumentality thereof.
Such courts shall have jurisdiction and power to prescribe all necessary rules, regulations
and proceedings proper or necessary to establish or restore lost, mislaid, destroyed or mutilated
records and, when so established or restored, to declare them to be the proper and legal records
as the original which was so lost, mislaid, destroyed or mutilated. The proceedings shall
be ex parte, and any citizen of the state who will give security for the costs of the appeal
may appeal from the order, judgment or decision of the circuit court...
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15-20A-48
Section 15-20A-48 Relation to other laws. (a) For the purposes of Sections 13A-5-2,
13A-5-6, 14-9-41, 15-18-8, 15-22-27.3, or any other section of the Code of Alabama
1975, a criminal sex offense involving a child shall mean a conviction for any sex offense
in which the victim was a child under the age of 12 or any offense involving child pornography.
(b) For the purpose of Section 12-15-107(a)(7), a juvenile probation officer shall
notify the state and either the parent, legal guardian, or legal custodian of a juvenile sex
offender, or the child's attorney for the juvenile sex offender, of the pending release of
the sex offender and provide them with a copy of the risk assessment pursuant to subsection
(c) of Section 15-20A-26. (c) For the purpose of Section 12-15-116(a)(5), a
juvenile court shall have exclusive original jurisdiction to try any individual who is 18
years of age or older and violates any of the juvenile criminal sex offender provisions of
subdivision (1) of subsection...
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