12-15-212
Section 12-15-212 Conduct of delinquency and child in need of supervision hearings. (a) If
the allegations are denied, the juvenile court shall proceed to hear evidence on the petition.
If the juvenile court finds on proof beyond a reasonable doubt, based upon competent, material,
and relevant evidence, that the child committed the acts by reason of which the child is alleged
to be delinquent or in need of supervision, the juvenile court shall record its findings and
proceed to determine whether the child is in need of care or rehabilitation. If the juvenile
court finds that the allegations in the petition have not been established, the juvenile court
shall dismiss the petition and order the child discharged from any detention or temporary
care, theretofore ordered in the proceedings. (b) If the child admits to the allegations contained
in the petition, the juvenile court shall record its findings and proceed to determine whether
the child is in need of care or rehabilitation. (c) When...
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12-15-120
Section 12-15-120 Cases initiated by filing of petitions by juvenile court intake officers.
(a) Delinquency, child in need of supervision, and dependency cases and proceedings pursuant
to Section 12-15-132 before the juvenile court shall be initiated by the filing of a petition
by the juvenile court intake officer who shall receive verified complaints and proceed thereon
pursuant to rules of procedure adopted by the Supreme Court of Alabama. (b) A petition alleging
that a child is a delinquent child, dependent child, or a child in need of supervision shall
not be filed by a juvenile court intake officer unless the juvenile court intake officer has
determined and endorsed upon the petition that the juvenile court has subject matter jurisdiction
and venue over the case and that the filing of the petition is in the best interests of the
public and the child. (Acts 1975, No. 1205, p. 2384, §5-114; §12-15-50; amended and renumbered
by Act 2008-277, p. 441, §7.)...
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12-15-210
Section 12-15-210 Notification to children of right to counsel; appointment of counsel by juvenile
court. (a) In delinquency and child in need of supervision cases, a child and his or her parent,
legal guardian, or legal custodian shall be advised by the juvenile court or its representative
at intake that the child has the right to be represented at all stages of the proceedings
by a child's attorney retained by them or, if they are unable to afford a child's attorney,
by a child's attorney appointed by the juvenile court. (b) If a child's attorney is not retained
by the child or a party in a juvenile court proceeding in which there is a reasonable likelihood
such may result in a placement in an institution in which the freedom of the child is curtailed,
a child's attorney shall be appointed to defend the child. (c) In delinquency and child in
need of supervision proceedings, a juvenile court may appoint a guardian ad litem in addition
to the child's attorney described in this section....
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12-15-111
Section 12-15-111 Contributing to the delinquency, dependency, or need of supervision of children.
(a) It shall be unlawful for any parent, legal guardian, legal custodian, or other person
to do any of the following: (1) To willfully aid, encourage, or cause any child to become
or remain delinquent, dependent, or in need of supervision. (2) To permit or encourage the
employment of any child in violation of any of the provisions of the child labor law. (3)
To cause a child to fail to attend school as required by the compulsory school attendance
law. (b) Whenever, in the course of any proceedings pursuant to this chapter, or when, by
affidavit as provided in this subsection, it shall appear to the juvenile court that a parent,
legal guardian, legal custodian, or other person having custody, control, or supervision of
a child or any other person not standing in any relation to the child has aided, encouraged,
or caused the child to become delinquent, dependent, or in need of supervision,...
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12-15-114
Section 12-15-114 Original jurisdiction - Juvenile. (a) A juvenile court shall exercise exclusive
original jurisdiction of juvenile court proceedings in which a child is alleged to have committed
a delinquent act, to be dependent, or to be in need of supervision. A dependency action shall
not include a custody dispute between parents. Juvenile cases before the juvenile court shall
be initiated through the juvenile court intake office pursuant to this chapter. (b) A juvenile
court shall not have jurisdiction over any delinquent act committed by an individual before
his or her 18th birthday for which a petition has not been filed before the individual reaches
21 years of age, except when the delinquent act is an offense having no statute of limitation
as provided in Section 15-3-5. (c) A juvenile court shall also exercise exclusive original
jurisdiction over each of the following: (1) Proceedings pursuant to the Interstate Compact
on Juveniles and the Interstate Compact on Placement of...
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12-15-105
Section 12-15-105 Exercise of authority by district attorneys in juvenile court proceedings
generally; assistance by district attorneys in the juvenile courts; representation of the
state by district attorneys in cases appealed from juvenile courts. (a) The district attorney
of the judicial circuit in which delinquency or child in need of supervision cases are filed
may exercise his or her authority in all delinquency and child in need of supervision cases
arising pursuant to this chapter. (b) The juvenile court may call upon the district attorney
to assist the juvenile court in any proceeding pursuant to this chapter. It shall be the duty
of the district attorney to render this assistance when so requested. (c) Notwithstanding
Title 36, the district attorney shall represent the state in all delinquency and child in
need of supervision cases appealed from the juvenile court. (Acts 1975, No. 1205, p. 2384,
§5-107; §12-15-5; amended and renumbered by Act 2008-277, p. 441, §1.)...
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44-1-27
Section 44-1-27 Standards for programs and youth detention facilities; licensing and inspection
of youth detention and foster care facilities. (a) The Department of Youth Services shall
establish and promulgate reasonable minimum standards for the construction and operation of
detention facilities, programs for the prevention and correction of youth delinquency, consultation
from local officials, and subsidies to local delinquency projects. The standards shall include,
but not be limited to, reasonable minimum standards for detention facilities, foster care
facilities, group homes, and correctional institutions. (b) No county, city, public or private
agency, group, corporation, partnership, or individual shall establish, maintain, or operate
any detention facility or any foster care facility for youths found delinquent or in need
of supervision by a juvenile court without a license from the department. A license shall
be required on an annual basis or as determined by the department....
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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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12-15-302
Section 12-15-302 Venue generally. (a) Dependency proceedings shall be commenced in the county
where the child resides, in the county where the child is present when the proceedings are
commenced, or in the county where the acts that are the basis of the dependency petition occurred.
(b) Regardless of the county where the child currently resides, when a petition is filed seeking
to modify an award of custody or visitation pursuant to an adjudication of dependency, and
one of the individuals who was a party to the original proceeding still resides in the county
of the juvenile court of original jurisdiction, the petition shall be filed in the juvenile
court of the original jurisdiction. (c) When a petition is filed seeking to modify an award
of custody or visitation pursuant to an adjudication of dependency in which all parties to
the original action, including the child, no longer reside in the county of original jurisdiction,
the petition shall be filed in the county where the child...
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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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