Code of Alabama

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12-15-214
Section 12-15-214 Ordering and preparation of study and written report concerning child;
ordering, conduct, and certification of findings of physical or mental examination of child
prior to hearing on petition generally; examination of parent, legal guardian, or legal custodian
after hearing where ability to care for or supervise child in issue. The juvenile court may
direct that a juvenile probation officer conduct a study and submit a written report to the
juvenile court with recommendations concerning a child, his or her family, his or her environment,
and other matters relevant to the need for treatment or disposition of the case. The recommendations
may indicate that the child needs further mental health evaluation, especially, in some cases,
for the purpose of determining whether the child is competent to stand trial. The recommendations
may also include a request that the juvenile court proceed pursuant to Section 12-15-130.
(Acts 1975, No. 1205, p. 2384, §5-127; §12-15-69;...
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12-15-115
Section 12-15-115 Original jurisdiction - Civil. (a) A juvenile court shall also exercise
original jurisdiction of the following civil proceedings: (1) Removal of disabilities of nonage
pursuant to Chapter 13 of Title 26. (2) Proceedings for judicial consent for a person under
the respective legal age to marry, to be employed, withdraw from school, or enlist in military
service when this consent is required by law. (3) Proceedings for the commitment of a minor
or child with mental illness or an intellectual disability to the Department of Mental Health,
as provided in Article 4 (commencing with Section 12-15-401). (4) Proceedings for the
adoption of a child when these proceedings have been transferred from probate court as provided
by law. (5) Proceedings for waiver of parental consent for a minor to have an abortion pursuant
to Chapter 21 of Title 26. (6) Proceedings to establish parentage of a child pursuant to the
Alabama Uniform Parentage Act, Chapter 17 of Title 26. (7)...
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30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following
meanings: (1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD.
An unemancipated individual who is less than 19 years of age. (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 to child support or other
monetary obligation of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in
which legal custody, physical custody, or visitation with respect to a child is at issue.
The term includes a proceeding for divorce, dissolution of marriage, legal separation, neglect,
abuse, dependency, paternity, termination of parental rights, or protection from domestic
violence. The term does not include a court proceeding involving juvenile...
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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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12-15-320
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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30-3-60
Section 30-3-60 Definitions. As used in this article, the following terms shall have
the following meanings: (1) CLERK OF THE COURT. Any circuit court clerk, district court clerk
or juvenile court clerk, or their employees, with responsibility for docketing or otherwise
carrying out the court's clerical duties in regard to domestic relations matters, support
and nonsupport cases, including the receipt and disbursement of support payments. (2) COURT.
Any juvenile or family court division of the circuit or district court in the county where
the mother of the child resides or is found, in the county where the father resides or is
found, or in the county where the child resides or is found and, in the case of a petition
seeking a divorce or legal separation, a petition seeking a modification of support previously
ordered under a divorce decree or a petition seeking a contempt citation for failure to pay
support previously ordered under a divorce decree, the circuit court or the domestic...
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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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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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30-3C-9
Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed
under this chapter, the court may set a preliminary hearing as necessary, and shall cause
to be issued all summonses and notices as required by law and otherwise deemed necessary and
appropriate. Should the court determine from the petition, or on evidence presented at a preliminary
hearing, that no emergency or temporary orders are appropriate, then the court shall set the
petition for a final hearing at such time as the court deems appropriate and as the best interests
of the child require. (b) If, at a hearing on a petition under this chapter, the court after
reviewing the evidence finds a credible risk of abduction of the child, the court shall enter
an abduction prevention order. The order must include the provisions required by subsection
(c), specifying measures that are reasonably calculated to prevent abduction of the child
and giving due consideration to the custody and visitation rights of...
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34-14A-15
Section 34-14A-15 Recovery fund. (a) The board may establish a Homeowners' Recovery
Fund for the purpose of consumer protection, consumer education, and consumer awareness. An
aggrieved homeowner may recover actual economic damages, not including interest and court
costs, sustained within the state as the direct result of conduct of a licensee in violation
of this chapter or the rules of the board from the Homeowners' Recovery Fund. Any payments
from the Homeowners' Recovery Fund shall be subject to the following limitations and conditions:
(1) The Homeowners' Recovery Fund shall make payments only to homeowners who file a complaint
with the board pursuant to the requirements of subsection (b) of Section 34-14A-8.
(2) The Homeowners' Recovery Fund shall not make payments based on consent judgments. (3)
Failure of the homeowner to follow any provisions of this chapter shall preclude payment from
the Homeowners' Recovery Fund. (b) The board, by rule, shall determine the maximum amount
of...
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