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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)...
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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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12-15-132
Section 12-15-132 Proceedings against children violating terms of probation or aftercare;
disposition of these children. (a) A child on probation or aftercare incident to an adjudication
as a delinquent child or a child in need of supervision who violates the terms of his or her
probation or aftercare may be proceeded against for a revocation of the order. (b) A proceeding
to revoke probation or aftercare shall be commenced by the filing of a petition entitled "petition
to revoke probation" or "petition to revoke aftercare." Except as otherwise
provided, these petitions shall be screened, reviewed, and prepared in the same manner and
shall contain the same information as provided in Sections 12-15-120 and 12-15-121. The petition
shall recite the date that the child was placed on probation or aftercare and shall state
the time and manner in which notice of the terms of probation or aftercare was given. (c)
Probation or aftercare revocation proceedings shall require clear and convincing...
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29-2-105
Section 29-2-105 Coordination council - Composition; meetings; duties. (a) The committee
shall convene a council composed of the chair of the committee or his or her designee and
the commissioner or the commissioner's designee of each department of state government that
administers services to children, youth, and their families, including, but not limited to,
the Department of Education, the Department of Human Resources, the Department of Mental Health,
the Department of Public Health, the Medicaid Agency, the Department of Youth Services, the
Department of Rehabilitation Services, one member from the Alabama Association of County Directors
of Human Resources appointed by that organization, one member from the Alabama Residential
Child Care Association appointed by that organization, two members from the Alabama Foster
Parent Association appointed by that organization, one member from the Juvenile Court Judges
Association appointed by that organization, one guardian ad litem...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/29-2-105.htm - 3K - Match Info - Similar pages
38-1-3
Section 38-1-3 Legal representative for handling public assistance payments of incompetents.
If any otherwise qualified applicant for or recipient of public assistance appears to be incapable,
physically or mentally, or both, of managing his public assistance payments, and has no legal
guardian, he, his spouse, father, mother, child, brother or sister, with the consent of the
Department of Human Resources, or the Department of Human Resources may petition the probate
judge for the appointment of a legal representative to handle his public assistance payments
only. The petition shall be accompanied by a certificate in writing of a physician which certificate
shall state that the physician upon examination believes the applicant or recipient to be
physically or mentally, or both, incapable of managing his public assistance payments. The
probate judge shall conduct a hearing for the purpose of appointing a competent person as
legal representative after notice of at least 10 days in...
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34-13-31
Section 34-13-31 Appeal from decision of board. (a) Whenever, by decision, final order,
or other final determination upon any public hearing provided for by this chapter, a party
to such hearing shall feel aggrieved, an appeal may be taken to the Circuit Court of Montgomery
County, Alabama. (b) On taking and perfecting an appeal to the Circuit Court of Montgomery
County, Alabama, the court shall proceed as in other cases. (c) All appeals shall be taken
within 30 days from the date of the order entered of the board which is the basis of the appeal
and shall be granted as a matter of right and be deemed perfected by filing with the board
a bond for security of costs of the appeal. Upon filing of a verified petition and hearing
thereon, the court, in its discretion, may stay the order appealed from pending final judicial
review. No new or additional evidence may be introduced in the circuit court except as to
fraud or misconduct of some person engaged in the administration of this chapter...
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15-25-2
Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving
child under age 16 - Videotaped deposition; who may be present; procedure; protective order.
(a) In any criminal prosecution referred to in Section 15-25-1, the court, upon motion
of the district attorney or Attorney General, for good cause shown and after notice to the
defendant, may order the taking of a videotaped deposition of an alleged victim of or witness
to the crime who is under the age of 16 at the time of the order. (b) On any motion for a
videotaped deposition of the victim or a witness, the court shall consider the age and maturity
of the child, the nature of the offense, the nature of testimony that may be expected, and
the possible effect that the testimony in person at trial may have on the victim or witness,
along with any other relevant matters that may be required by Supreme Court rule. (c) During
the taping of a videotaped deposition authorized pursuant to this section, the...
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38-15-2
Section 38-15-2 Legislative findings. The Legislature finds that there is a substantial
need to protect children and youth from abuse and neglect by persons entrusted with their
physical custody, and from persons or organizations that advertise, hold themselves out, or
lead others to believe that they will provide them with health, therapeutic, rehabilitative,
or disciplinary services, and from persons employed or exercising authority over them, and
who they depend upon to provide the basic necessities of life. The Legislature further finds
that abuse and neglect often take the form of the withholding of the basic necessities of
life, including food, water, shelter, clothing, and health care through an affirmative act
or omission. It is the intent of the Legislature to implement a baseline of registration and
regulation requirements for religious, faith-based, or church nonprofit, other nonprofit,
and for profit affiliated youth residential facilities and institutions that have...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-15-2.htm - 4K - Match Info - Similar pages
38-2-6
Section 38-2-6 Duties, powers, and responsibilities of state department. The aim of
the state department shall be the promotion of a unified development of welfare activities
and agencies of the state and of the local governments so that each agency and each governmental
institution shall function as an integral part of a general system. In order to carry out
effectively these aims, it shall be the duty and responsibility of the state department to:
(1) Administer or supervise all forms of public assistance including general home relief,
outdoor and indoor care for persons in need of assistance, also including those duties that
have to do primarily with the determination of need and authorization of relief. (2) Exercise
all the powers, duties, and responsibilities previously vested by law in the State Child Welfare
Department. (3) Provide services to county or municipal governments including the organization
and supervision of counties for the effective carrying out of welfare...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-2-6.htm - 8K - Match Info - Similar pages
26-10A-31
Section 26-10A-31 Confidentiality of records, hearing; parties. (a) After the petition
is filed and prior to the entry of the final decree, the records in adoption proceedings shall
be open to inspection only by the petitioner or his or her attorney, the investigator appointed
under Section 26-10A-19, any attorney appointed for the adoptee under Section
26-10A-22, and any attorney retained by or appointed to represent the adoptee. Such records
shall be open to other persons only upon order of court for good cause shown. (b) All hearings
in adoption proceedings shall be confidential and shall be held in closed court without admittance
of any person other than interested parties and their counsel, except with leave of court.
(c) After the final decree of adoption has been entered, all papers, pleadings, and other
documents pertaining to the adoption shall be sealed, kept as a permanent record of the court,
and withheld from inspection except as otherwise provided in this section and in...
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