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12-15-317
Section 12-15-317 Who may file petition. The Department of Human Resources, any public or private
licensed child-placing agency, parent, child, or any interested person may file a petition
to terminate the parental rights of a parent or parents of a child. (1) Mandatory filing of
petition by the Department of Human Resources. The Department of Human Resources shall be
required to file a petition to terminate the parental rights of a parent or parents of a child,
or if the petition has been filed by another party, shall seek to be joined as a party to
the petition, and, concurrently, to identify, recruit, process, and approve a qualified family
for adoption, in the following circumstances: a. In the case of a child who has been in foster
care in the custody of the Department of Human Resources for 12 of the most recent 22 months.
b. If a child has been abandoned. c. If the parent has committed murder of another child of
that parent. d. If the parent has committed manslaughter of another...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-317.htm - 2K - Match Info - Similar pages
22-52-32
Section 22-52-32 Proceedings where persons accused of crimes and committed to custody of Department
of Mental Health found competent to stand trial or charges nolle prossed or dismissed. Where
the superintendent of Bryce or Searcy Hospital or any other facility so designated by the
commissioner, after evaluation by appropriate members of the medical staffs of said facilities
as so designated by the superintendent, has determined that any person accused of a crime
and committed to the custody of the department in one of its facilities is competent to stand
trial, or where the superintendent has been notified in writing by the committing court that
charges have been nolle prossed or otherwise dismissed against any person currently confined
to the custody of such facility, it shall be the duty of the superintendent to immediately
notify in writing the court from which the person was committed. The court shall forthwith
order the sheriff to remove the person from said facility back to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-32.htm - 1K - Match Info - Similar pages
12-15-408
Section 12-15-408 Conducting hearings to commit the minor or child. At all hearings conducted
pursuant to this section to commit a minor or child to the custody of the department, the
following shall apply: (1) The minor or child sought to be committed shall be present unless,
prior to the hearing, the child's attorney for the minor or child has filed in writing a waiver
of the presence of the minor or child on the ground that the presence of the minor or child
would be dangerous to his or her physical or mental health or that the conduct of the minor
or child could reasonably be expected to prevent the hearing from being held in an orderly
manner and the juvenile court has determined from the evidence that the waiver should be granted
and has entered an order approving the waiver. (2) The minor or child sought to be committed
shall have the right to compel the attendance of and offer the testimony of witnesses, to
be confronted with the witnesses in support of the petition and to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-408.htm - 1K - Match Info - Similar pages
22-11A-31
Section 22-11A-31 Commitment petition - Rules to apply at hearings. At all hearings conducted
by the probate judge in relation to a petition to commit any person to the custody of the
Alabama Department of Public Health or such other facility as the court may order, the following
rules shall apply: (1) The person sought to be committed shall be present unless, prior to
the hearing, the attorney for such person has filed in writing a waiver of the presence of
such person on the ground that the presence of such person would be dangerous to such person's
health or that such person's conduct could reasonably be expected to prevent the hearing from
being held in an orderly manner, and the probate judge has judicially found and determined
from evidence presented in an adversary hearing that the person proposed to be committed is
so mentally or physically ill as to be incapable of attending such proceedings. Upon such
findings, an order shall be entered approving the waiver. (2) The person...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-11A-31.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-134.htm - 4K - Match Info - Similar pages
9-16-79
Section 9-16-79 Hearings and appeals procedure. Procedures for hearings and appeals under this
article shall be made as herein provided and in accordance with such general rules and regulations
as the regulatory authority may prescribe. These procedures shall take precedence over the
Alabama Administrative Procedure Act, which shall in no respect apply to proceedings arising
under this article. (1)a. A determination by the regulatory authority as specified by law
shall be made promptly and shall include a statement as to the action to be taken and reasons
therefor. Notice of the determination or decision shall be promptly given to the parties involved
by delivery or by mailing such notices to their last known addresses. When the regulatory
authority gives a notice of determination, unless an appeal is filed by any person having
an interest which may be adversely affected with the chief hearing officer within 30 days
of such notice such determination shall be deemed final and not...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-79.htm - 11K - Match Info - Similar pages
22-11A-64
Section 22-11A-64 Appeal process. (a) Any health care worker who has appealed the State Health
Officer's final order to the State Committee of Public Health and who is aggrieved by the
outcome may appeal that decision by filing a notice of appeal in the circuit court of his
or her county of residence or in the Circuit Court of Montgomery County within 30 days of
the issuance of the final decision of the State Committee of Public Health. (b) The health
care worker may be represented by counsel or may participate in proceedings in the court on
his or her own behalf. If the health care worker elects to represent himself or herself, the
pleadings, documents, and evidence filed with the court shall be liberally construed to do
substantial justice. The court shall provide assistance to the health care worker in preparing
and filing the notice of appeal and shall take those steps that are necessary to keep the
health care worker's identity confidential. The assistance may be provided by court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-11A-64.htm - 5K - Match Info - Similar pages
38-9-6
Section 38-9-6 Protective placement or other protective services. (a) An interested person
may petition the court to order protective placement or other protective services for an adult
in need of protective services. No protective placement or other protective services may be
ordered unless there is a determination by the court that the person is unable to provide
for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional
abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person,
the court of the circuit in which the person resides shall appoint a day, not more than 30
days from the filing of the petition, for the hearing on the petition. If, on the hearing
of a petition, the person is not represented by counsel, the court shall appoint a guardian
ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing
to serve as the trier of facts. (b) Costs of court proceedings under this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-9-6.htm - 7K - Match Info - Similar pages
22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum standards
for civil commitment; appeals from orders of probate courts as to commitment. (a) Any civil
commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-37.htm - 5K - Match Info - Similar pages
26-10A-24
Section 26-10A-24 Contested hearing. (a) Whenever a motion contesting the adoption is filed,
the court shall set the matter for a contested hearing to determine: (1) Whether the best
interests of the adoptee will be served by the adoption. (2) Whether the adoptee is a person
capable of being adopted by the petitioner in accordance with the requirements of this chapter.
(3) Whether an actual or implied consent or relinquishment to the adoption is valid. (4) Whether
a consent or relinquishment may be withdrawn. (b) The court shall give notice of the contested
hearing by certified mail to all parties who have appeared before the court. The moving party
and each petitioner shall be present at the contested hearing. The guardian ad litem shall
appear and represent the interests of the adoptee. (c) The court may continue the hearing
from time to time to permit notice to all parties, or to permit further discovery, observation,
investigation, or consideration of any fact or circumstances...
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