26-15-2
Section 26-15-2 Definitions. As used in this chapter, the following terms shall have the following meanings: (1) CHEMICAL SUBSTANCE. A substance intended to be used as a precursor in the manufacture of a controlled substance, or any other chemical intended to be used in the manufacture of a controlled substance. Intent under this subdivision may be demonstrated by the substance's use, quantity, manner of storage, or proximity to other precursors, or to manufacturing equipment. (2) CONTROLLED SUBSTANCE. Controlled substance as defined in subdivision (4) of Section 20-2-2. (3) DRUG PARAPHERNALIA. Drug paraphernalia as defined in Section 13A-12-260. (4) RESPONSIBLE PERSON. A child's natural parent, stepparent, adoptive parent, legal guardian, custodian, or any other person who has the permanent or temporary care or custody or responsibility for the supervision of a child. (5) SERIOUS PHYSICAL INJURY. Serious physical injury as defined in Section 13A-1-2. (Acts 1977, No. 502, p. 658, §2;...
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31-13-20
Section 31-13-20 Stay of chapter when unauthorized alien is a victim or critical witness, etc., under certain conditions. If a person is an alien who is unlawfully present in the United States and is a victim of a criminal act, is the child of a victim of a criminal act, is a biological parent or legal guardian of a victim of a criminal act who is a minor, is a critical witness in any prosecution, is the biological parent or legal guardian of a critical witness in any prosecution who is a minor, or is the child of a critical witness in any prosecution of a state or federal crime, all provisions of this chapter shall be stayed until all of the related legal proceedings are concluded. However, the relevant state, county, or local law enforcement agency shall comply with any request by federal immigration officers to take custody of the person. (Act 2011-535, p. 888, §21; Act 2012-491, p. 1410, §1.)...
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12-15-121
Section 12-15-121 Form, contents, and execution of juvenile petitions. (a) A juvenile petition alleging delinquency, in need of supervision, or dependency may be signed by any person 18 years of age or older, other than a juvenile court intake officer, who has knowledge of the facts alleged or is informed of them and believes that they are true. However, the person signing a dependency petition, in the petition or in an attached affidavit, shall give information, if reasonably ascertainable, as required in Section 30-3B-209. (b) A petition shall be entitled "In the matter of _____, a child" and shall be made under oath. (c) The petition shall set forth with specificity all of the following: (1) The facts which bring the child under the jurisdiction of the juvenile court, the facts constituting the alleged dependency, delinquency, or need of supervision and the facts showing that the child is in need of supervision, treatment, rehabilitation, care, or the protection of the state, as the...
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12-15-107
Section 12-15-107 Juvenile probation officers - Duties of juvenile probation officers generally; powers of juvenile probation officers as to taking into custody and placing in shelter or detention care of children generally; procedure upon taking into custody of child by juvenile probation officer generally. (a) For the purpose of carrying out the objectives and purposes of this chapter and subject to the limitations of this chapter or imposed by the juvenile court, a juvenile probation officer shall perform the following duties: (1) Make investigations, reports, and recommendations to the juvenile court. (2) Serve as a juvenile court intake officer when designated by the juvenile court judge. (3) Supervise and assist a child placed on probation or aftercare by order of the juvenile court or other authority of law until the terms of probation or aftercare expire or are otherwise terminated. (4) Make appropriate referrals to other private or public departments or agencies of the...
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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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26-21-3
Section 26-21-3 Written consent of parent or guardian to performing abortion on unemancipated minor; written statement where abortion to be performed on emancipated minor; waiver of consent requirement; coercion; forms. (a) Except as otherwise provided in subsections (b) and (d) of this section and Sections 26-21-4 and 26-21-5 hereof, no physician shall perform an abortion upon an unemancipated minor unless the physician or his or her agents first obtain the written consent of either parent or the legal guardian of the minor. (b) The physician who shall perform the abortion or his or her agents shall obtain or be provided with the written consent from either parent or legal guardian stating the names of the minor, parent, or legal guardian, that he or she is informed that the minor desires an abortion and does consent to the abortion, the date, and the consent shall be signed by either parent or legal guardian. The signatures of the parents, parent, or legal guardian shall be affixed...
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12-15-134
Section 12-15-134 Maintenance and inspection of law enforcement records. (a) Law enforcement agencies shall take special precautions to ensure that law enforcement records and files concerning a child will be maintained in a manner and pursuant to those safeguards that will protect against disclosure to any unauthorized person, department, agency, or entity. Unless a charge of delinquency is transferred for criminal prosecution pursuant to Section 12-15-203 or the juvenile court otherwise orders in the interests of the child or of national security, the law enforcement records and files with respect to the child shall not be open to public inspection nor their contents disclosed to the public. (b) Law enforcement records and files described in subsection (a) shall be open to inspection and copying by the following: (1) A juvenile court having a child currently before it in any proceeding. (2) Personnel of the Department of Human Resources, the Department of Youth Services, public and...
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30-3-4.2
Section 30-3-4.2 Grandparent visitation. (a) For the purposes of this section, the following words have the following meanings: (1) GRANDPARENT. The parent of a parent, whether the relationship is created biologically or by adoption. (2) HARM. A finding by the court, by clear and convincing evidence, that without court-ordered visitation by the grandparent, the child's emotional, mental, or physical well-being has been, could reasonably be, or would be jeopardized. (b) A grandparent may file an original action in a circuit court where his or her grandchild resides or any other court exercising jurisdiction with respect to the grandchild or file a motion to intervene in any action when any court in this state has before it any issue concerning custody of the grandchild, including a domestic relations proceeding involving the parent or parents of the grandchild, for reasonable visitation rights with respect to the grandchild if any of the following circumstances exist: (1) An action for...
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41-13-7
Section 41-13-7 Identifying information of state employees on records available for public inspection. (a) As used in this section, the following terms shall have the following meanings: (1) EMPLOYEE. Any person who is regularly employed by the state and who is subject to the provisions of the state Merit System or any person who is regularly employed by a criminal justice agency or entity or by a law enforcement agency within the state or any honorably retired employee thereof, to include, but not be limited to, the following: A judge of any position, including a judge of a municipal court; a district attorney; a deputy district attorney; an assistant district attorney; an investigator employed by a district attorney; an attorney, investigator, or special agent of the Office of the Attorney General; a sheriff; a deputy sheriff; a jailor; or a law enforcement officer of a county, municipality, the state, or special district, provided the law enforcement officer is certified by the...
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13A-5-49
Section 13A-5-49 Aggravating circumstances. Aggravating circumstances shall be any of the following: (1) The capital offense was committed by a person under sentence of imprisonment. (2) The defendant was previously convicted of another capital offense or a felony involving the use or threat of violence to the person. (3) The defendant knowingly created a great risk of death to many persons. (4) The capital offense was committed while the defendant was engaged or was an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit, rape, robbery, burglary, or kidnapping. (5) The capital offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody. (6) The capital offense was committed for pecuniary gain. (7) The capital offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws. (8) The capital offense was especially heinous,...
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