12-15-321
Section 12-15-321 Periodic review of efforts to achieve adoption of child in custody of another after parental rights terminated. Where the juvenile court has terminated the parental rights and has placed legal custody of the child with the Department of Human Resources or with a public or private licensed child-placing agency, the juvenile court, at least annually, shall review the circumstances of the child to determine what efforts have been made to achieve permanency for the child. (Acts 1984, No. 84-261, p. 442, §9; §26-18-9; amended and renumbered by Act 2008-277, p. 441, §19.)...
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12-15-319
child is in clear and present danger of being tortured, abused, cruelly beaten, or otherwise maltreated as evidenced by the treatment of a sibling. (4) Conviction of and imprisonment for a felony. (5) Commission by the parents of any of the following: a. Murder or manslaughter of another child of that parent. b. Aiding, abetting, attempting, conspiring, or soliciting to commit murder or manslaughter of another child of that parent. c. A felony assault or abuse that results in serious bodily injury to the surviving child or another child of that parent. The term serious bodily injury means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (6) Unexplained serious physical injury to the child under those circumstances as would indicate that the injuries resulted from the intentional conduct or willful neglect of the parent. (7)...
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26-18-9
Section 26-18-9 Periodic review of efforts to achieve adoption of child in custody of another after parental rights terminated. Amended and renumbered as Section 12-15-321 by Act 2008-277, §19, effective January 1, 2009. (Acts 1984, No. 84-261, p. 442, §9.)...
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12-15-301
is a relative of the child and has been providing care and support for the child while the child has been residing in the home of the caregiver for at least the last six consecutive months while in the legal custody of the Department of Human Resources or a designated official for a child-placing agency or a successor guardian. (4) CHILD ABUSE. Harm or the risk of harm to the emotional health, physical health, or welfare of a child, which can occur through nonaccidental physical or mental injury, sexual abuse, or attempted sexual abuse or sexual exploitation or attempted sexual exploitation. (5) CHILD-PLACING AGENCY. The same as the term is defined in subdivision (3) of Section 38-7-2. (6) ELIGIBLE CHILD. In addition to the definition of child in subdivision (3) of Section 12-15-102, an individual under 18 years of age who has been residing with the caregiver for at least the last six consecutive months while in the legal custody of the Department of Human Resources. (7) FORENSIC...
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16-44B-1
Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a Member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission. D. The Interstate Commission's executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person. 1. The liability of...
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12-15-312
that the crime of rape, sodomy, incest, or other sexual abuse actually occurred by the parent against a child in any instance where the parent has been convicted as described in this subdivision. (4) Aided or abetted, attempted, conspired, or solicited to commit murder or manslaughter of another child or aided or abetted, attempted, conspired, or solicited to commit murder or manslaughter of the other parent of the child. (5) Committed a felony assault which resulted in serious bodily injury to the child or another child or to the other parent of the child. The term serious bodily injury means bodily injury which involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (d) Nothing in the exceptions to making reasonable efforts listed in subsection (c) shall be interpreted to require the reunification of a child with a stepparent or paramour of a...
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12-15-314
care to participate in activities that are age or developmentally appropriate for the child based on a reasonable and prudent parent standard, provided the activities are consistent with provisions of any existing court order, individualized service plan, or promulgated policy of the department that provides guidance to caregivers concerning the reasonable and prudent parent standard. The guidance shall include factors for the caregiver to consider prior to allowing a child to participate in age or developmentally appropriate normal childhood activities. (2) A caregiver shall be immune from liability in a civil action to recover damages for injury, death, or loss to person or property that results from a caregiver's decisions using a reasonable and prudent parent standard. This subsection shall not be construed to remove or limit any existing liability protection provided by law. (Act 2008-277, p. 441, §18; Act 2010-712, p. 1744, §13; Act 2016-129, p. 290, §1; Act 2018-273, §1.)...
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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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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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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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