Code of Alabama

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26-10A-18
Section 26-10A-18 Custody pending final decree. Once a petitioner has received the adoptee
into his or her home for the purposes of adoption and a petition for adoption has been filed,
an interlocutory decree shall be entered delegating to the petitioner (1) custody, except
custody shall be retained by the Department of Human Resources or the licensed child placing
agency which held custody at the time of the placement until the entry of the final decree
and (2) the responsibility for the care, maintenance, and support of the adoptee, including
any necessary medical or surgical treatment, pending further order of the court. This interlocutory
decree shall not stop the running of time periods prescribed in Section 26-10A-9. (Acts 1990,
No. 90-554, p. 912, §18; Act 2002-417, p. 1061, §1.)...
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26-24-30
Section 26-24-30 Alabama Children's Policy Council. (a) The Alabama Children's Policy Council
is hereby created and shall consist of the following members: Three appointees from business
and industry made by the Governor; the Lieutenant Governor; the Speaker of the House of Representatives;
two members of the Alabama Senate, one appointed by the Lieutenant Governor and one appointed
by the President Pro Tempore of the Senate; two members of the House of Representatives appointed
by the Speaker of the House of Representatives; the Chief Justice of the Supreme Court of
Alabama; the legal advisor to the Governor; the Attorney General; the President of the Juvenile
and Family Court Judges' Association; the Commissioner of the Department of Corrections; the
President of the District Attorneys' Association; the President of the Chief Juvenile Probation
Officers' Association; the Commissioner of the Department of Human Resources; the Administrative
Director of Courts; the Secretary of the...
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30-3-5
Section 30-3-5 Venue of all proceedings seeking modification of child custody, visitation rights,
or child support. Notwithstanding any law to the contrary, venue of all proceedings for petitions
or other actions seeking modification, interpretation, or enforcement of a final decree awarding
custody of a child or children to a parent and/or granting visitation rights, and/or awarding
child support, and/or awarding other expenses incident to the support of a minor child or
children, and/or granting post-minority benefits for a child or children is changed so that
venue will lie in: (1) the original circuit court rendering the final decree; or (2) in the
circuit court of the county where both the current custodial parent or, in the case of post-minority
benefits, where the most recent custodial parent, that parent having custody at the time of
the child's attaining majority, and the child or children have resided for a period of at
least three consecutive years immediately preceding the...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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12-21-131
Section 12-21-131 Interpreters for persons defective in speech and/or hearing - Qualified interpreter
provided in certain criminal and juvenile proceedings; requirements; fees. (a) Deaf person
means any person either totally deaf, or who has defective hearing, or who has both defective
hearing and speech. (b) For the purpose of this section, the term qualified interpreter means
an interpreter certified by the National Registry of Interpreters for the Deaf, Alabama Registry
of Interpreters for the Deaf, or, in the event an interpreter so certified is not available,
an interpreter whose qualifications are otherwise determined. Efforts to obtain the services
of a qualified interpreter certified with a legal skills certificate or a comprehensive skills
certificate will be made prior to accepting services of an interpreter with lesser certification.
No qualified interpreter shall be appointed unless the appointing authority and the deaf person
make a preliminary determination that the...
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16-28-13
Section 16-28-13 Burden of proof on person in loco parentis. No parent, guardian or other person
having control or charge of any child shall be convicted for failure to have said child enrolled
in school or for failure to send a child to school or for failure to require such child to
regularly attend such school or tutor, or for failure to compel such child to properly conduct
himself as a pupil, if such parent, guardian or other person having control or charge of such
child can establish to the reasonable satisfaction of the court the following: (1) That the
principal teacher in charge of said school which he attends or should attend or the tutor
who instructs or should instruct said child gave permission for the child to be absent; or
(2) That such parent, guardian or other person is unable to provide necessary books and clothes
in order that the child may attend school in compliance with law, and that such parent, guardian
or other person had prior to the opening of the school, or...
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26-14-7.2
Section 26-14-7.2 Child denied medical treatment due to parents' religious beliefs. (a) When
an investigation of child abuse or neglect by the Department of Human Resources determines
that a parent or legal guardian legitimately practicing his or her religious beliefs has not
provided specific medical treatment for a child, the parent or legal guardian shall not be
considered a negligent parent or guardian for that reason alone. This exception shall not
preclude a court from ordering that medical services be provided to the child when the child's
health requires it. (b) The department may, in any case, pursue any legal remedies, including
the initiation of legal proceedings in a court of competent jurisdiction, as may be necessary
to provide medical care or treatment for a child when the care or treatment is necessary to
prevent or remedy serious harm to the child, or to prevent the withholding of medically indicated
treatments from infants with disabilities and with life-threatening...
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26-17-607
Section 26-17-607 Action to disprove parentage when there is a presumed father. (a) Except
as otherwise provided in subsection (b), a presumed father may bring an action to disprove
paternity at any time. If the presumed father persists in his status as the legal father of
a child, neither the mother nor any other individual may maintain an action to disprove paternity.
(b) A presumption of paternity under this section may be rebutted in an appropriate action
only by clear and convincing evidence. In the event two or more conflicting presumptions arise,
that which is founded upon the weightier considerations of public policy and logic, as evidenced
by the facts, shall control. The presumption of paternity is rebutted by a court decree establishing
paternity of the child by another man. (Act 2008-376, p. 666, §2.)...
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26-17A-1
Section 26-17A-1 Reopening of paternity case. (a) Upon petition of the defendant in a paternity
proceeding where the defendant has been declared the legal father, the case shall be reopened
if there is scientific evidence presented by the defendant that he is not the father. The
court shall admit into evidence any scientific test recognized by the court that has been
conducted in accordance with established scientific principles or the court may order a blood
test, or a Deoxyribose Nucleic Acid test of the mother, father, and child. Whenever the court
orders a test and any of the persons to be tested refuse to submit to the test, the fact shall
be disclosed at the trial, unless good cause is shown. (b) The test shall be made by a qualified
expert approved by the court. The expert may be called by the court or any party as a witness
to testify to the test results and shall be subject to cross-examination by the parties. The
test results may be admitted into evidence. If more than one...
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30-3B-311
Section 30-3B-311 Warrant to take physical custody of child. (a) Upon the filing of a petition
seeking enforcement of a child custody determination, the petitioner may file a verified application
for the issuance of a warrant to take physical custody of the child if the child is imminently
likely to suffer serious physical harm or be removed from this state. (b) If the court, upon
the testimony of the petitioner or other witness, finds that the child is imminently likely
to suffer serious physical harm or be removed from this state, it may issue a warrant to take
physical custody of the child. The petition must be heard within 72 hours after the warrant
is executed unless impossible. In that event, the court shall hold the hearing on the next
judicial day. The application for the warrant must include the statements required by Section
30-3B-308(b). (c) A warrant to take physical custody of a child must: (1) Recite the facts
upon which a conclusion of imminent serious physical harm or...
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