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12-15-207
Section 12-15-207 Filing of petition and conduct of hearing as to necessity for continuation
of detention or shelter care of a child; violation of probation and aftercare. (a) When a
child is not released from detention or shelter care as provided in Section 12-15-127, a petition
shall be filed and a hearing held within 72 hours of placement in detention or shelter care,
Saturdays, Sundays, and holidays included, to determine probable cause and to determine whether
or not continued detention or shelter care is required. (b) Notice of the detention or shelter
care hearing, either verbal or written, stating the date, time, place, and purpose of the
hearing and the right to counsel shall be given by a juvenile probation officer to the parent,
legal guardian, or legal custodian if they can be found and to the child if the child is over
12 years of age . (c) At the commencement of the detention or shelter care hearing, the juvenile
court shall advise the parent, legal guardian, legal...
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12-15-122
Section 12-15-122 Issuance and service of summonses generally; waiver of service of summonses.
(a) After a petition alleging delinquency, in need of supervision, or dependency has been
filed, the juvenile court shall direct the issuance of summonses to be directed to the child
if he or she is 12 or more years of age, to the parents, legal guardian, or other legal custodian,
and to other persons who appear to the juvenile court to be proper or necessary parties to
the proceedings, requiring them to appear personally before the juvenile court at the time
fixed to answer or testify as to the allegations of the petition. Where the legal custodian
is summoned, the parent or legal guardian, or both, shall also be served with a summons. (b)
A copy of the petition shall be attached to each summons. (c) The summons shall direct the
parents, legal guardian, or other legal custodian having the custody or control of the child
to bring him or her to the hearing. (d) An adult who is a party may...
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12-15-217
Section 12-15-217 Notice of delinquent acts. (a) Notwithstanding subsection (a) of Section
12-15-133, written notice that a child enrolled in a school, kindergarten to grade 12, has
been found delinquent of an act which if committed by an adult would be a Class A or B felony
or any other crime, at the discretion of the juvenile court, shall be provided within seven
days to the superintendent of the school district of attendance, or, if the child attends
a private school, to the principal of the school. The juvenile court shall provide the notice
using whatever method it deems appropriate or otherwise as decided by the Administrative Office
of Courts. The prosecutor may recommend to the juvenile court that notice be given to the
school for any delinquent act. Written notice shall include only the offenses, enumerated
by the appropriate code section and brief description, found to have been committed by the
child and the disposition of the case involving the child. Where applicable, this...
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16-28-3
Section 16-28-3 Ages of children required to attend school; exemption for church school students;
transfer students. (a) Except as otherwise provided in subsection (b), every child between
the ages of six and 17 years shall be required to attend a public school, private school,
church school, or be instructed by a competent private tutor for the entire length of the
school term in every scholastic year except that, prior to attaining his or her 16th birthday
every child attending a church school as defined in Section 16-28-1 is exempt from the requirements
of this section, provided the child complies with enrollment and reporting procedures specified
in Section 16-28-7. Admission to public school shall be on an individual basis on the application
of the parents, legal custodian, or guardian of the child to the local board of education
at the beginning of each school year, under the rules as the board may prescribe; provided,
a person who is under 19 years of age and on track to...
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31-13-27
Section 31-13-27 Verification of citizenship and immigration status of students enrolling in
public schools; annual reports; disclosure of information. (a)(1) Every public elementary
and secondary school in this state, at the time of enrollment in kindergarten or any grade
in such school, shall determine whether the student enrolling in public school was born outside
the jurisdiction of the United States or is the child of an alien not lawfully present in
the United States and qualifies for assignment to an English as Second Language class or other
remedial program. (2) The public school, when making the determination required by subdivision
(1), shall rely upon presentation of the student's original birth certificate, or a certified
copy thereof. (3) If, upon review of the student's birth certificate, it is determined that
the student was born outside the jurisdiction of the United States or is the child of an alien
not lawfully present in the United States, or where such certificate...
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13A-6-40
Section 13A-6-40 Definitions. The following definitions apply in this article: (1) RESTRAIN.
To intentionally or knowingly restrict a person's movements unlawfully and without consent,
so as to interfere substantially with his liberty by moving him from one place to another,
or by confining him either in the place where the restriction commences or in a place to which
he has been moved. Restraint is "without consent" if it is accomplished by: a. Physical
force, intimidation or deception, or b. Any means, including acquiescence of the victim, if
he is a child less than 16 years old or an incompetent person and the parent, guardian or
other person or institution having lawful control or custody of him has not acquiesced in
the movement or confinement. (2) ABDUCT. To restrain a person with intent to prevent his liberation
by either: a. Secreting or holding him in a place where he is not likely to be found, or b.
Using or threatening to use deadly physical force. (3) RELATIVE. A parent or...
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15-20A-48
Section 15-20A-48 Relation to other laws. (a) For the purposes of Sections 13A-5-2, 13A-5-6,
14-9-41, 15-18-8, 15-22-27.3, or any other section of the Code of Alabama 1975, a criminal
sex offense involving a child shall mean a conviction for any sex offense in which the victim
was a child under the age of 12 or any offense involving child pornography. (b) For the purpose
of Section 12-15-107(a)(7), a juvenile probation officer shall notify the state and either
the parent, legal guardian, or legal custodian of a juvenile sex offender, or the child's
attorney for the juvenile sex offender, of the pending release of the sex offender and provide
them with a copy of the risk assessment pursuant to subsection (c) of Section 15-20A-26. (c)
For the purpose of Section 12-15-116(a)(5), a juvenile court shall have exclusive original
jurisdiction to try any individual who is 18 years of age or older and violates any of the
juvenile criminal sex offender provisions of subdivision (1) of subsection...
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25-8-59
Section 25-8-59 Penalties; notice of violation and opportunity to show cause; hearing. (a)
Any employer who violates this chapter, or who fails or refuses to obey within a reasonable
time any lawful order or direction given by the state officials charged with the enforcement
of this chapter, and any parent, guardian, or custodian who suffers or permits a person under
his or her care or control who is under 19 years of age to work in violation of this chapter,
shall be subject to civil penalties in addition to other penalties provided in this chapter.
(b) The department may impose a civil penalty of three hundred dollars ($300) upon the following
determination: An employer has violated a statutory provision of Section 25-8-35(17), 25-8-36,
25-8-37, 25-8-38, 25-8-39, 25-8-40, 25-8-41, 25-8-44(a), 25-8-44(b), 25-8-45, 25-8-54, 25-8-57,
25-8-60, or 25-8-61. (c) The department may impose a civil penalty of one thousand dollars
($1,000) to five thousand dollars ($5,000) upon the following...
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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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16-64-1
Section 16-64-1 Definitions. For the purposes of this chapter, the following terms have the
following meanings: (1) MINOR. An individual who, because of age, lacks the capacity to contract
under Alabama law. Under current law, this means a single individual under 19 years of age
and a married individual under 18 years of age, but excludes an individual whose disabilities
of nonage have been removed by a court of competent jurisdiction for a reason other than establishing
a legal residence in Alabama. If current law changes, this definition shall change accordingly.
(2) RESIDENCE. The single location at which a person resides with the intent of remaining
in that location indefinitely as evidenced by more substantial connections with that place
than with any other place. (3) RESIDENT. One whose residence is in the State of Alabama. (4)
RESIDENT/NONRESIDENT STUDENT. In determining resident or nonresident classification, the primary
issue is one of intent. If a person is in Alabama...
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