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12-15-308
Section 12-15-308 Filing of petition and conduct of 72-hour hearing as to necessity
for continuation of shelter care of a child. (a) When a child alleged to be dependent has
been removed from the custody of the parent, legal guardian, or legal custodian and has not
been returned to same, a hearing shall be held within 72 hours from the time of removal, Saturdays,
Sundays, and holidays included, to determine whether continued shelter care is required. (b)
Notice of the 72-hour hearing requirement, either verbal or written, stating the date, time,
place, and purpose of the hearing and the right to counsel shall be given to the parent, legal
guardian, or legal custodian if he or she can be found. (c) At the commencement of the 72-hour
hearing requirement, the juvenile court shall advise the parent, legal guardian, or legal
custodian of the right to counsel and shall appoint counsel if the juvenile court determines
he or she is indigent. If the juvenile court already has not done so, it...
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12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
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12-15-215
Section 12-15-215 Disposition of delinquent children or children in need of supervision
generally. (a) If the juvenile court finds on proof beyond a reasonable doubt, based upon
competent, material, and relevant evidence, that a child committed the acts by reason of which
the child is alleged to be delinquent or in need of supervision, it may proceed immediately
to hear evidence as to whether the child is in need of care or rehabilitation and to file
its findings thereon. In the absence of evidence to the contrary, a finding that the child
has committed an act which constitutes a felony is sufficient to sustain a finding that the
child is in need of care or rehabilitation. If the juvenile court finds that the child is
not in need of care or rehabilitation, it shall dismiss the proceedings and discharge the
child from any detention or other temporary care theretofore ordered. If the juvenile court
finds that the child is in need of care or rehabilitation, it may make any of the...
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12-15-201
Section 12-15-201 Definitions. For purposes of this article, the following terms and
phrases shall have the following meanings: (1) AVERAGE COST OF DETENTION. The average cost
of detention of children as determined from experience in Alabama and as computed by the Department
of Youth Services. (2) CONSENT DECREE. An order, entered after the filing of a delinquency
or child in need of supervision petition and before the entry of an adjudication order, suspending
the proceedings and placing the child under supervision pursuant to terms and conditions agreed
to between the child and his or her parent, legal guardian, or legal custodian and approved
by the juvenile court. (3) NONOFFENDER. A child who is subject to the jurisdiction of the
juvenile court for reasons other than the legally prohibited conduct of the child. (4) STATUS
OFFENDER. A status offender is an individual who has been charged with or adjudicated for
conduct that would not, pursuant to the law of the jurisdiction in which...
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12-15-209
Section 12-15-209 Children to be released when full-time detention or shelter care not
required; conditions imposed upon release; amendment of conditions or return of child to custody
upon failure to conform to conditions imposed. (a) When the juvenile court finds that full-time
detention or shelter care of a child is not required, the juvenile court shall order the release
of the child, and in so doing, may impose one or more of the following conditions: (1) Place
the child in the custody of a parent, legal guardian, legal custodian, or any other person
whom the juvenile court deems proper, or place the child with a department, agency, or organization
agreeing to supervise the child. (2) Place restrictions on the travel, association, or place
of abode of the child during the period of his or her release, or place the child under electronic
or telephone monitoring, if available. (3) Impose any other condition deemed reasonably necessary
and consistent with the criteria for detaining...
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12-15-211
Section 12-15-211 Suspension of proceedings and continuation of cases under terms and
conditions agreed to by parties. (a) The juvenile court may suspend delinquency or child in
need of supervision proceedings pursuant to a consent decree. The terms and conditions of
the consent decree shall be agreed to by the child and his or her parent, legal guardian,
or legal custodian. The consent decree shall be entered at any time after the filing of a
delinquency or child in need of supervision petition and before the entry of an adjudication
order. The child and his or her parent, legal guardian, or legal custodian shall be advised
of their rights, including the right to counsel. (b) Where an objection is made by the prosecutor,
the juvenile court, after considering the objection and the reasons therefor, shall proceed
to determine whether it is appropriate to enter a consent decree. (c) A consent decree shall
remain in force for six months unless the child is discharged sooner by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-211.htm - 2K - Match Info - Similar pages
12-15-405
Section 12-15-405 Notice of hearing; appointment of counsel for the minor or child.
(a) When any minor or child against whom a petition has been filed seeking to commit the minor
or child to the custody of the department is initially brought before the juvenile court,
the juvenile court shall provide a copy of the petition and if requested, read the petition
to the minor or child and to his or her parent, legal guardian, or legal custodian and counsel,
and inform those persons verbally and in writing of the date, time, and place of the next
hearing to be held in regard to the minor or child, the purpose of the hearing, the rights
of the minor or child at the hearing, and the possible consequences of the hearing. (b) The
juvenile court shall appoint a child's attorney for the minor or child. The juvenile court
may appoint a guardian ad litem in addition to the child's attorney. No statement made or
act done by the minor or child in the presence of the juvenile court prior to the minor...
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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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12-15-305
Section 12-15-305 Right to counsel for petitioners or respondent parents, legal guardians,
or legal custodians in dependency proceedings. THIS SECTION WAS CREATED BY ACT 2008-277
IN THE 2008 REGULAR SESSION, EFFECTIVE JANUARY 1, 2009. (a) Upon request and a finding of
indigency, the juvenile court may appoint an attorney to represent the petitioner and may
order recoupment of the fees of the attorney to be paid to the State of Alabama. (b) In dependency
and termination of parental rights cases, the respondent parent, legal guardian, or legal
custodian shall be informed of his or her right to be represented by counsel and, if the juvenile
court determines that he or she is indigent, counsel shall be appointed where the respondent
parent, legal guardian, or legal custodian is unable for financial reasons to retain his or
her own counsel. (Act 2008-277, ยง18.)...
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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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