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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12-15-220
Section 12-15-220 Orders of disposition not to be deemed convictions, impose civil disabilities,
etc.; disposition of child and evidence in hearing not admissible in another court. (a) An
order of disposition or other adjudication in a proceeding pursuant to subsection (a) of Section
12-15-114 shall not be considered to be a conviction or impose any civil disabilities ordinarily
resulting from a conviction of a crime or operate to disqualify the child in any civil service
application or appointment. (b) The disposition of a child and evidence given in a hearing
in the juvenile court shall not be admissible as evidence against him or her in any case or
proceeding in any other court, whether before or after reaching majority, except in a dispositional
hearing in a juvenile court or in sentencing proceedings after conviction of a crime for the
purposes of a presentence study and report or for consideration of an application for youthful
offender status. (Acts 1975, No. 1205, p. 2384,...
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12-15-307
Section 12-15-307 Notice and right to be heard to be given to relatives, preadoptive parents,
or foster parents. Relative caregivers, preadoptive parents, and foster parents of a child
in foster care under the responsibility of the state shall be given notice, verbally or in
writing, of the date, time, and place of any juvenile court proceeding being held with respect
to a child in their care. Foster parents, preadoptive parents, and relative caregivers of
a child in foster care under the responsibility of the state have a right to be heard in any
juvenile court proceeding being held with respect to a child in their care. No foster parent,
preadoptive parent, and relative caregiver of a child in foster care under the responsibility
of the state shall be made a party to a juvenile court proceeding solely on the basis of this
notice and right to be heard pursuant to this section. (Act 2008-277, p. 441, §18.)...
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18-1A-276
Section 18-1A-276 Hearing; order granting or refusing complaint. The probate court shall conduct
a hearing within 45 days after the filing of the complaint at which, on the day appointed,
or any other day to which the hearing may be continued when necessary to provide reasonable
notice or for other compelling reasons, the probate court must hear the allegations of the
complaint, any objections which may be filed to the granting thereof, and any legal evidence
touching the same and, within 10 days after the hearing, shall make an order granting or refusing
the complaint. (Acts 1985, No. 85-548, p. 802, §1607; Act 2005-168, p. 289, §1.)...
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38-12-32
Section 38-12-32 Definitions. As used in this article, the following terms shall have the following
meanings: (1) CAREGIVER. An individual 21 years of age or older, other than a child's parent,
legal guardian, or legal custodian who is an approved foster parent, who is a relative of
the child, and who has been providing care and support for the child while the child has been
residing in the caregiver's home for at least the last six consecutive months while in the
legal custody of the Department of Human Resources, a designated official for a child-placing
agency, or a successor guardian. (2) CHILD. An individual under 18 years of age who is in
foster care with the caregiver and over whom a court has exercised continuing jurisdiction.
(3) COURT. The juvenile court. (4) DEPARTMENT. The Department of Human Resources. (5) KINSHIP
GUARDIAN. A caregiver who is willing to assume care of a child because of parental incapacity
of a parent, legal guardian, legal custodian, or other dependency...
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12-15-118
Section 12-15-118 Duties of juvenile court intake officers. A person employed by the judicial
branch of government who is designated by a juvenile court as a juvenile court intake officer
shall perform the following duties: (1) Receive and examine written complaints or petitions,
made under oath, of allegations of delinquency, in need of supervision, or dependency or concerning
proceedings filed pursuant to Section 12-15-132. (2) Refer to the Department of Human Resources
for investigations, reports, and recommendations those complaints and allegations of dependency
or other appropriate matters and may refer to the Department of Human Resources for investigations,
reports, and recommendations those complaints on children in need of supervision. (Act 2008-277,
p. 441, §6.)...
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12-15-141
Section 12-15-141 Emergency ex parte orders authorized upon showing of verified evidence of
abuse or neglect; evidence required; hearing required within 72 hours of issuance of order.
The juvenile court may enter an ex parte order of protection or restraint on an emergency
basis, without prior notice and a hearing, upon a showing of verified written or verbal evidence
of abuse or neglect injurious to the health or safety of a child subject to a juvenile court
proceeding and the likelihood that the abuse or neglect will continue unless the order is
issued. If an emergency order is issued, a hearing, after notice, shall be held within 72
hours of the written evidence or the next judicial business day thereafter, to either dissolve,
continue, or modify the order. (Acts 1991, No. 91-661, p. 1265, §4; §12-15-153; amended
and renumbered by Act 2008-277, p. 441, §9.)...
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30-3C-8
Section 30-3C-8 Emergency measures to prevent abduction. (a) In response to a petition filed
under this chapter, before a hearing on the matter, the court may enter an ex parte order
for emergency measures to prevent abduction, including an ex parte warrant to take physical
custody of the child, or an order for any other emergency relief as necessary to prevent abduction
of a child, including imposing travel restrictions with the child, on the petitioner or the
respondent or on both the petitioner and the respondent. (b) An ex parte order for relief
under this chapter shall include: (1) the basis for the court's exercise of jurisdiction;
(2) the manner in which notice and opportunity to be heard were given to the persons entitled
to notice of the proceeding, including a finding by the court of compliance with Rule 65 of
the Alabama Rules of Civil Procedure, if applicable; (3) a detailed description of each party's
custody and visitation rights and residential arrangements for the child...
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12-15-116
Section 12-15-116 Original jurisdiction - Criminal. (a) A juvenile court shall have exclusive
original jurisdiction to try any individual committing any of the following offenses while
18 years of age or older: (1) Contributing to the delinquency, in need of supervision, or
dependency of a child in violation of Section 12-15-111. (2) Opposing or interfering with
a juvenile probation officer or a representative of the Department of Human Resources in violation
of Section 12-15-112. (3) Violating any of the confidentiality provisions of Sections 12-15-133,
12-15-134, 12-15-135, or 12-15-217. (4) Nonsupport in violation of Section 13A-13-4. (5) Violating
any of the juvenile sex offender provisions of Section 15-20A-27(b)(1). (6) Violating any
of the provisions of the compulsory school attendance laws in Section 16-28-12. (b) All criminal
cases before the juvenile court shall be governed by the laws relating thereto and shall be
initiated by complaint made before a judge or magistrate...
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12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports, and
information acquired or generated in juvenile courts concerning children shall be confidential
and shall not be released to any person, department, agency, or entity, except as provided
elsewhere in this section: (1) Juvenile legal files (including formal documents as petitions,
notices, motions, legal memoranda, orders, and decrees). (2) Social records, including but
not limited to: a. Records of juvenile probation officers. b. Records of the Department of
Human Resources. c. Records of the Department of Youth Services. d. Medical records. e. Psychiatric
or psychological records. f. Reports of preliminary inquiries and predisposition studies.
g. Supervision records. h. Birth certificates. i. Individualized service plans. j. Education
records, including, but not limited to, individualized education plans. k. Detention records.
l. Demographic information that identifies a child or the family of a...
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