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12-15-304
Section 12-15-304 Appointment by juvenile courts of guardians ad litem. (a) In all dependency
and termination of parental rights proceedings, the juvenile court shall appoint a guardian
ad litem for a child who is a party to the proceedings and whose primary responsibility shall
be to protect the best interests of the child. (b) The duties of the guardian ad litem include,
but shall not be limited to, the following: (1) Irrespective of the age of the child, meet
with the child prior to juvenile court hearings and when apprised of emergencies or significant
events impacting the child. In addition, the guardian ad litem shall explain, in terms understandable
to the child, what is expected to happen before, during, and after each juvenile court hearing.
(2) Conduct a thorough and independent investigation. (3) Advocate for appropriate services
for the child and the family. (4) Attend all juvenile court hearings scheduled by the juvenile
court and file all necessary pleadings to facilitate...
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26-17-203
Section 26-17-203 Consequences of establishment of parentage. Unless parental rights are terminated,
a parent-child relationship established under this chapter applies for all purposes, except
as otherwise specifically provided by other law of this state. (Act 2008-376, p. 666, §2.)...
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12-15-219
Section 12-15-219 Serious juvenile offenders; disposition; serious juvenile offender review
panel; facility and programs. (a) The juvenile court may find a child to be a serious juvenile
offender if: (1) The child is adjudicated delinquent and the delinquent act or acts charged
in the petition would constitute any of the following if committed by an adult: a. A Class
A felony. b. A felony resulting in serious physical injury as defined in subdivision
(14) of Section 13A-1-2. c. A felony involving deadly physical force as defined in subdivision
(6) of Section 13A-1-2; or a deadly weapon as defined in subdivision (7) of Section 13A-1-2;
or a dangerous instrument as defined in subdivision (5) of Section 13A-1-2. (2) The child
has been adjudicated delinquent for an act which would constitute a Class A or B felony or
burglary in the third degree involving a residence and the child has previously been adjudicated
delinquent of two previous acts which would have been a Class A or B felony or...
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12-15-127
or shelter care is required pursuant to Section 12-15-128. The juvenile court intake officer
may allow release with or without electronic or telephone monitoring pending the 72-hour hearing
requirement. (c) A person taking a child or minor into custody pursuant to subdivision (3)
of subsection (a) of Section 12-15-125 shall bring the child or minor to a medical or mental
health facility if the child or minor is believed to be suffering from a serious mental health
condition, illness, or injury which requires either prompt treatment or prompt diagnosis
for the welfare of the child or minor or for evidentiary purposes, and, in the most expeditious
manner possible, give notice of the action taken together with a statement of taking the child
or minor into custody in writing to the court, the parents, legal guardian or other legal
custodian and to the intake office and to the Department of Human Resources in the case of
a dependency allegation. (Acts 1975, No. 1205, p. 2384, §5-120;...
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26-2A-73
Section 26-2A-73 Court appointment of guardian of minor; conditions for appointment. (a) The
court may appoint a guardian for an unmarried minor if all parental rights have been terminated
or suspended by circumstances or prior order of a court having jurisdiction; unless a custodian
has been appointed under Section 26-18-8, or otherwise by the juvenile court when parental
rights have been terminated or suspended. A guardian appointed pursuant to Section 26-2A-71
whose appointment has not been prevented or nullified under Section 26-2A-72 has priority
over any guardian who may be appointed by the court, but the court may proceed with another
appointment upon a finding that the parental nominee has failed to accept the appointment
within 30 days after notice of the guardianship proceeding. (b) If necessary, and on appropriate
petition or application, the court may appoint a temporary guardian who shall have the full
authority of a general guardian of a minor, but the authority of a...
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12-15-316
Section 12-15-316 Modification, extension, or termination of orders of custody or protective
supervision generally. An order awarding legal custody or an order of protective supervision
made by the juvenile court in the case of a child may be modified, terminated, or extended
on motion by any of the following: (1) A child, whose legal custody has been transferred to
a department, institution, agency, or person, requesting the juvenile court for a modification
or termination of the order, alleging that the child is no longer dependent or that protective
supervision is no longer necessary. (2) A department, institution, agency, or person vested
with legal custody or responsibility for protective supervision, requesting the juvenile court
for a modification, an extension, or a termination of the order on the grounds that this action
is in the best interests of the child. (Act 2008-277, p. 441, §18.)...
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12-15-126
Section 12-15-126 Issuance of pick-up order for taking into custody. If it appears from a sworn
statement, written or verbal, presented to the juvenile court that a child needs to be placed
in detention or shelter or other care, the juvenile court may issue a pick-up order that a
law enforcement officer or other person authorized by this chapter shall at once take the
child into custody and take him or her to the place of detention or shelter or other care
designated by the juvenile court. (Acts 1975, No. 1205, p. 2384, §5-120; §12-15-57; amended
and renumbered by Act 2008-277, p. 441, §7.)...
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26-17-102
Section 26-17-102 Definitions. In this chapter: (1) "Acknowledged father" means a
man who has established a father-child relationship under Article 3. (2) "Adjudicated
father" means a man who has been adjudicated by a court of competent jurisdiction to
be the father of a child. (3) "Alleged father" means a man who alleges himself to
be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose
paternity has not been determined. The term does not include: (A) a presumed father; (B) a
man whose parental rights have been terminated or declared not to exist; or (C) a male donor
who donates in compliance with Section 26-17-702. (4) "Assisted reproduction" means
a method of causing pregnancy other than sexual intercourse. The term includes: (A) intrauterine
insemination; (B) donation of eggs; (C) donation of embryos; (D) in-vitro fertilization and
transfer of embryos; and (E) intracytoplasmic sperm injection. (5) "Child" means
an individual of any age whose...
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12-15-208
witness or for return to their lawful residence or country of citizenship shall be reported
as violations of the deinstitutionalization of status offender requirement. (3) NONOFFENDERS.
Nonoffenders, as defined in this article, shall not be detained or confined in secure custody.
(4) CHILDREN 10 YEARS OF AGE AND YOUNGER. Children 10 years of age and younger shall not be
detained or confined in secure custody, unless the children are charged with offenses causing
death or serious bodily injury to persons or offenses that would be classified as Class
A felonies if committed by adults. Children 11 or 12 years of age may only be detained or
confined in secure custody by orders of juvenile courts, unless the children are charged with
offenses causing death or serious bodily injury to persons or offenses that would be
classified as Class A felonies if committed by adults. (b) Persons who may be detained or
confined in secure custody include all of the following: (1) Persons who violate...
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12-15-405
Section 12-15-405 Notice of hearing; appointment of counsel for the minor or child. (a) When
any minor or child against whom a petition has been filed seeking to commit the minor or child
to the custody of the department is initially brought before the juvenile court, the juvenile
court shall provide a copy of the petition and if requested, read the petition to the minor
or child and to his or her parent, legal guardian, or legal custodian and counsel, and inform
those persons verbally and in writing of the date, time, and place of the next hearing to
be held in regard to the minor or child, the purpose of the hearing, the rights of the minor
or child at the hearing, and the possible consequences of the hearing. (b) The juvenile court
shall appoint a child's attorney for the minor or child. The juvenile court may appoint a
guardian ad litem in addition to the child's attorney. No statement made or act done by the
minor or child in the presence of the juvenile court prior to the minor...
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