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12-15-315
Section 12-15-315 Permanency hearing for Department of Human Resources cases only. (a)
Within 12 months of the date a child is removed from the home and placed in out-of-home care,
and not less frequently than every 12 months thereafter during the continuation of the child
in out-of-home care, the juvenile court shall hold a permanency hearing. The Department of
Human Resources shall present to the juvenile court at the hearing a permanent plan for the
child. The juvenile court shall consult with the child, in an age-appropriate manner, regarding
the permanency plan and any transition plan to independent living. If a permanent plan is
not presented to the juvenile court at this hearing, there shall be a rebuttable presumption
that the child should be returned home. This provision is intended to ensure that a permanent
plan is prepared by the Department of Human Resources and presented to the juvenile court
within 12 months of the placement of any child in foster care and no less...
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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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26-14-6
Section 26-14-6 Temporary protective custody. A police officer, a law enforcement official,
or a designated employee of the State or County Department of Human Resources may take a child
into protective custody, or any person in charge of a hospital or similar institution or any
physician treating a child may keep that child in his or her custody, without the consent
of the parent or guardian, whether or not additional medical treatment is required, if the
circumstances or conditions of the child are such that continuing in his or her place of residence
or in the care and custody of the parent, guardian, custodian, or other person responsible
for the child's care presents an imminent danger to that child's life or health. However,
such official shall immediately notify the court having jurisdiction over juveniles of such
actions in taking the child into protective custody; provided, that such custody shall not
exceed 72 hours and that a court of competent jurisdiction and the...
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45-4-233
Section 45-4-233 Work Release board; powers and duties; work release fund; escape of
inmates from custody. In Bibb County, the sheriff shall execute every order from every court
in Bibb County to subpoena witnesses as provided in Section 12-21-180, or the service
may be made by first class mail as follows: It shall be the duty of the sheriff of the county
to enclose the subpoenas in an envelope addressed to the person to be served and place all
necessary postage and a return address thereon. In the event the witness subpoena is returned
to the sheriff by the post office department of the United States without delivery, the subpoena
shall be by the sheriff returned NOT FOUND. All witness subpoenas not returned to the sheriff
by the post office department shall be considered for all purposes as sufficient personal
and legal service. It is specifically provided, however, that, if the party calling a witness
expressly requests in writing that the subpoena be delivered to such witness...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-4-233.htm - 5K - Match Info - Similar pages
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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12-15-409
Section 12-15-409 Role of attorney as advocate; designation of facilities. (a) An attorney
representing the state, any county, or municipality or the Department of Youth Services or
the Department of Human Resources or an attorney representing the person or persons filing
a petition to have a minor or child committed may serve as the advocate in support of the
petition to commit in all matters regarding the petition. (b) At the final hearing upon a
petition seeking to commit a minor or child to the custody of the department on the basis
that the minor or child is mentally ill, the juvenile court may grant the petition if clear
and convincing evidence proves all of the following: (1) That the minor or child sought to
be committed is mentally ill. (2) That, as a consequence of the mental illness, the minor
or child poses a real and present threat of substantial harm to himself, herself, or to others.
(3) That the threat of substantial harm has been evidenced by a recent overt act. (4)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-409.htm - 2K - Match Info - Similar pages
13A-10-30
Section 13A-10-30 Definitions. (a) The definitions contained in Section 13A-10-1
are applicable in this article unless the context requires otherwise. (b) The following definitions
are also applicable to this article: (1) CUSTODY. A restraint or detention by a public servant
pursuant to a lawful arrest, conviction or order of court, but does not include mere supervision
of probation or parole, or constraint incidental to release on bail. (2) DETENTION FACILITY.
Any place used for the confinement, pursuant to law, of a person: a. Charged with or convicted
of a criminal offense; or b. Charged with being or adjudicated a youthful offender, or a neglected
minor or juvenile delinquent; or c. Held for extradition; or d. Otherwise confined pursuant
to an order of court. (3) PENAL FACILITY. Any security correctional institution for the confinement
of persons arrested for, charged with or convicted of a criminal offense, including but not
limited to the following security facilities: the state...
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15-13-122
Section 15-13-122 Bondsman's process - Detainer. In instances in which the surety or
sureties have in their possession a bondsman's process for the defendant and the surety wishes
to place a detainer against the defendant with the officer having custody of the defendant,
all law enforcement officers of the State of Alabama, or its subdivisions, who have custody
of any defendant under bail within the terms of this chapter, shall accept the bondsman's
process as a detainer and hold the defendant in custody until the case pending against the
defendant in the jurisdiction having custody, has been discharged or until the defendant is
authorized to be released from custody by other means set out by law. Upon discharge or release,
the officer having custody shall notify the surety that the defendant is ready to be released
and the surety shall arrest the defendant and return the defendant to the court of jurisdiction.
After the officer has given the surety notice of the release, the surety...
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15-22-27.4
Section 15-22-27.4 Parole of persons convicted of sex offense involving person under
13 years of age - Chemical castration treatment. (a) As used in this section, the following
terms shall have the following meanings: (1) CHEMICAL CASTRATION TREATMENT. The receiving
of medication, including, but not limited to, medroxyprogesterone acetate treatment or its
chemical equivalent, that, among other things, reduces, inhibits, or blocks the production
of testosterone, hormones, or other chemicals in a person's body. (2) SEX OFFENSE INVOLVING
A PERSON UNDER THE AGE OF 13 YEARS. A sex offense, as described in Section 15-20A-5,
that is committed against a person who has not attained the age of 13 years. (b) Subject to
Section 15-22-27.3, as a condition of parole, a court shall order a person convicted
of a sex offense involving a person under the age of 13 years to undergo chemical castration
treatment, in addition to any other punishment prescribed for that offense or any other provision
of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-27.4.htm - 4K - Match Info - Similar pages
30-3-135
Section 30-3-135 Visitation by parent who committed violence. (a) A court may award
visitation by a parent who committed domestic or family violence only if the court finds that
adequate provision for the safety of the child and the parent who is a victim of domestic
or family violence can be made. (b) In a visitation order, a court may take any of the following
actions: (1) Order an exchange of the child to occur in a protected setting. (2) Order visitation
supervised in a manner to be determined by the court. (3) Order the perpetrator of domestic
or family violence to attend and complete to the satisfaction of the court, a program of intervention
for perpetrators or other designated counseling as a condition of visitation. (4) Order the
perpetrator of domestic or family violence to abstain from possession or consumption of alcohol
or controlled substances during the visitation and for 24 hours preceding the visitation.
(5) Order the perpetrator of domestic or family violence to pay a...
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