22-11A-29
Section 22-11A-29 Commitment petition - Appointment of guardian ad litem and attorney. At the
time when any petition has been filed seeking to commit any person to the custody of the Alabama
Department of Public Health, the probate judge shall appoint a guardian ad litem to represent
and protect the rights of such person and shall determine if the person has the funds and
capacity to secure the services of an attorney to represent him. If the person does not have
the funds or capacity to secure the services of an attorney, the probate judge shall appoint
an attorney, who may be the same person as the guardian ad litem, to represent him. (Acts
1987, No. 87-574, p. 904, §29.)...
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12-15-321
Section 12-15-321 Periodic review of efforts to achieve adoption of child in custody of another
after parental rights terminated. Where the juvenile court has terminated the parental rights
and has placed legal custody of the child with the Department of Human Resources or with a
public or private licensed child-placing agency, the juvenile court, at least annually, shall
review the circumstances of the child to determine what efforts have been made to achieve
permanency for the child. (Acts 1984, No. 84-261, p. 442, §9; §26-18-9; amended and renumbered
by Act 2008-277, p. 441, §19.)...
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26-17-612
Section 26-17-612 Child as party; representation. (a) A minor child is a permissible party,
but is not a necessary party to a proceeding under this article. (b) The court shall appoint
a guardian ad litem to represent a minor or incapacitated child if the child is a party or
the court finds that the interests of the child are not adequately represented. (c) The court
shall appoint a guardian ad litem to represent a defendant who is a minor and who is not otherwise
represented by counsel. (Act 2008-376, p. 666, §2.)...
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12-15-322
Section 12-15-322 Authority of one in custody to place child for adoption or consent to adoption.
Upon the termination of parental rights by the juvenile court and placement of permanent custody
of a child with any agency or department, the agency or department may place the child for
adoption or consent to the adoption of the child. (Acts 1984, No. 84-261, p. 442, §10; §26-18-10;
amended and renumbered by Act 2008-277, p. 441, §19.)...
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22-52-4
Section 22-52-4 Appointment of attorney and guardian ad litem for person sought to be committed;
statements, etc., of person in presence of judge, prior to obtaining services of attorney,
not to be considered by judge. (a) At the time when any petition has been filed seeking the
involuntary commitment of a respondent, the probate judge shall appoint a guardian ad litem
to represent and to protect the rights of the respondent, and shall determine if the respondent
has the funds with which to employ an attorney to represent the respondent and if the respondent
has the mental ability to secure the services of an attorney. If the respondent does not have
funds with which to employ an attorney or does not have the mental ability to secure the services
of an attorney, the probate judge shall appoint an attorney, who may be the same person as
the guardian ad litem, to represent the respondent. The probate judge shall immediately inform
the attorney so appointed of his appointment. (b) No...
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12-15-139
Section 12-15-139 Requisites for order; notice and hearing; evidentiary standard; showing of
necessity to protect health or safety of child subject to a juvenile court proceeding, best
interests of the child. A protection or restraint order may be issued by the juvenile court,
after notice and a hearing, upon proper showing by a preponderance of the evidence that an
order is necessary to protect the health or safety of the child subject to a juvenile court
proceeding or is otherwise in the best interests of the child. (Acts 1991, No. 91-661, p.
1265, §2; §12-15-151; amended and renumbered by Act 2008-277, p. 441, §9.)...
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12-15-320
Section 12-15-320 Dispositions. (a) Termination of parental rights cases shall be given priority
over other cases. The trial on the petition for termination of parental rights shall be completed
within 90 days after service of process has been perfected. The trial court judge shall enter
a final order within 30 days of the completion of the trial. (b) If the juvenile court determines
that the parents of a child are unwilling or unable to act as parents and terminates their
parental rights, it may do the following: (1) Transfer or continue the permanent legal custody
of the child to the Department of Human Resources or to any public or private licensed child-placing
agency able and willing to assume the care and maintenance of the child. An order of the juvenile
court which terminates parental rights and awards permanent legal custody to the Department
of Human Resources or to a licensed child-placing agency shall mean that the Department of
Human Resources or the licensed child-placing...
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26-2A-71
Section 26-2A-71 Parental appointment of guardian for minor. (a) The parent of an unmarried
minor may appoint a guardian for the minor by will, or other writing signed by the parent
and attested by at least two witnesses or acknowledged. (b) Subject to the right of the minor
under Section 26-2A-72, if both parents are dead or incapacitated or the surviving parent
has no parental rights or has been adjudged to be incapacitated, a parental appointment becomes
effective when the guardian seasonably files an acceptance in the court in which a nominating
instrument is probated, or, in the case of a nontestamentary nominating instrument, in the
court at the place where the minor resides or is present. If two or more appointments are
made, the latter in time has priority, and if both parents are dead or incapacitated, an effective
appointment by the parent, who was eligible to make the appointment and who dies or became
incapacitated later in time, has priority. (c) A parental appointment...
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12-15-130
Section 12-15-130 Ordering, conduct, and certification of findings of mental and physical examinations
of children; minors or children believed to be individuals with a mental illness or an intellectual
disability; treatment or care for children; payment; authority to order emergency medical
care for children. (a) Where there are indications that a child may be physically ill, a child
with mental illness or an intellectual disability, or an evaluation of a child is needed to
help determine issues of competency to understand judicial proceedings, mental state at the
time of the offense, or the ability of the child to assist his or her attorney, the juvenile
court, on its own motion or motion by the prosecutor, or that of the child's attorney or guardian
ad litem for the child, may order the child to be examined at a suitable place by a physician,
psychiatrist, psychologist, or other qualified examiner, under the supervision of a physician,
psychiatrist, or psychologist who shall certify...
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38-12-32
Section 38-12-32 Definitions. As used in this article, the following terms shall have the following
meanings: (1) CAREGIVER. An individual 21 years of age or older, other than a child's parent,
legal guardian, or legal custodian who is an approved foster parent, who is a relative of
the child, and who has been providing care and support for the child while the child has been
residing in the caregiver's home for at least the last six consecutive months while in the
legal custody of the Department of Human Resources, a designated official for a child-placing
agency, or a successor guardian. (2) CHILD. An individual under 18 years of age who is in
foster care with the caregiver and over whom a court has exercised continuing jurisdiction.
(3) COURT. The juvenile court. (4) DEPARTMENT. The Department of Human Resources. (5) KINSHIP
GUARDIAN. A caregiver who is willing to assume care of a child because of parental incapacity
of a parent, legal guardian, legal custodian, or other dependency...
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