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30-3-161
Section 30-3-161 Definitions. As used in this article, the following words and phrases
shall have the following meanings, unless the context requires a different definition: (1)
CHANGE OF PRINCIPAL RESIDENCE. A change of the residence of a child whose custody has been
determined by a prior court order, whether or not accompanied by a change of the residence
of a person entitled to custody of the child, with the intent that such change shall be permanent
in nature and not amounting to a temporary absence of the child from his or her principal
residence. (2) CHILD. A minor child as defined by subdivision (2) of Section 30-3B-102.
As used in this article, the term may include the singular and the plural. (3) CHILD CUSTODY
DETERMINATION. A judgment, decree, or other order of a court providing for the legal custody,
physical custody, or visitation with respect to a child. The term includes a permanent, temporary,
initial, and modification order. The term does not include an order relating...
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30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following
meanings: (1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD.
An unemancipated individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION.
A judgment, decree, or other order of a court providing for the legal custody, physical custody,
or visitation with respect to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order relating to child support or other
monetary obligation of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in
which legal custody, physical custody, or visitation with respect to a child is at issue.
The term includes a proceeding for divorce, dissolution of marriage, legal separation, neglect,
abuse, dependency, paternity, termination of parental rights, or protection from domestic
violence. The term does not include a court proceeding involving juvenile...
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12-15-309
Section 12-15-309 Alleged dependent child to be released when continued shelter care
not required; conditions imposed upon release; amendment of conditions or return of child
to custody upon failure to conform to conditions imposed. (a) When the juvenile court finds
that continued shelter care is not required for a child, the juvenile court shall order the
return of the child, and in so doing, may impose one or more of the following conditions singly
or in combination: (1) Return the child to the custody of the parent, legal guardian, or legal
custodian and, if necessary, place the child under the supervision of the Department of Human
Resources. (2) Place restrictions on travel, associations, or living conditions of the child
pending the adjudicatory hearing. (b) An order releasing a child on any conditions specified
may at any time be amended to impose additional or different conditions. (Act 2008-277, p.
441, ยง18.)...
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12-15-106
Section 12-15-106 Juvenile court referees' qualifications and appointment; conduct of
hearings of cases by juvenile court referees; transmission of findings and recommendations
for disposition of juvenile court referees to juvenile court judges; provision of notice and
written copies of findings and recommendations of juvenile court referees to parties; rehearing
of cases by juvenile court judges; when findings and recommendations of juvenile court referees
become decree of the juvenile court. (a) Appointment of Referees. The Administrative Director
of Courts may authorize one or more referee positions in any judicial circuit on either a
full-time or a part-time basis upon submission of a written request by the presiding juvenile
court judge and upon consideration of funding and the juvenile and child-support caseload
in the circuit. Once the Administrative Director of Courts approves the request, the presiding
judge of the juvenile court may appoint an attorney the judge believes to...
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12-15-211
Section 12-15-211 Suspension of proceedings and continuation of cases under terms and
conditions agreed to by parties. (a) The juvenile court may suspend delinquency or child in
need of supervision proceedings pursuant to a consent decree. The terms and conditions of
the consent decree shall be agreed to by the child and his or her parent, legal guardian,
or legal custodian. The consent decree shall be entered at any time after the filing of a
delinquency or child in need of supervision petition and before the entry of an adjudication
order. The child and his or her parent, legal guardian, or legal custodian shall be advised
of their rights, including the right to counsel. (b) Where an objection is made by the prosecutor,
the juvenile court, after considering the objection and the reasons therefor, shall proceed
to determine whether it is appropriate to enter a consent decree. (c) A consent decree shall
remain in force for six months unless the child is discharged sooner by the...
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12-15-310
Section 12-15-310 Conduct of adjudicatory hearings. (a) An adjudicatory hearing is a
hearing at which evidence is presented for a juvenile court to determine if a child is dependent.
At the commencement of the hearing, if the parties are not represented by counsel, they shall
be informed of the specific allegations in the petition. The parties shall be permitted to
admit or deny the allegations prior to the taking of testimony. (b) If the allegations are
denied by the parties or if they fail to respond, the juvenile court shall proceed to hear
evidence on the petition. The juvenile court shall record its findings on whether the child
is dependent. If the juvenile court finds that the allegations in the petition have not been
proven by clear and convincing evidence, the juvenile court shall dismiss the petition. (c)
A statement made by a child under the age of 12 describing any act of child abuse committed
against the child, if it is not otherwise admissible by statute or court rule, is...
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12-15-409
Section 12-15-409 Role of attorney as advocate; designation of facilities. (a) An attorney
representing the state, any county, or municipality or the Department of Youth Services or
the Department of Human Resources or an attorney representing the person or persons filing
a petition to have a minor or child committed may serve as the advocate in support of the
petition to commit in all matters regarding the petition. (b) At the final hearing upon a
petition seeking to commit a minor or child to the custody of the department on the basis
that the minor or child is mentally ill, the juvenile court may grant the petition if clear
and convincing evidence proves all of the following: (1) That the minor or child sought to
be committed is mentally ill. (2) That, as a consequence of the mental illness, the minor
or child poses a real and present threat of substantial harm to himself, herself, or to others.
(3) That the threat of substantial harm has been evidenced by a recent overt act. (4)...
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26-11-3
Section 26-11-3 Procedure for change of name of child upon petition by father generally;
notification of mother and child; filing of response; appointment of guardian ad litem; hearing;
issuance of order by court; certification of minutes of court to Center for Health Statistics,
etc. (a) The father may petition at the time of filing the declaration of legitimation or
at any time subsequent to the determination of legitimation to change the name of such child,
stating in his declaration the name it is then known by and the name he wishes it afterwards
to have. Such petition shall be filed in the office of the judge of probate of the father's
residence or the child's residence. (b) Upon the filing of the petition for name change, notice
shall be given to the child's mother and to the child as provided by the Alabama Rules of
Civil Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure.
The child's mother shall, within 30 days after receiving notice, file her...
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30-3B-305
Section 30-3B-305 Registration of child custody determination. (a) A child custody determination
issued by a court of another state may be registered in this state, with or without a simultaneous
request for enforcement, by sending to the appropriate court in this state: (1) A letter or
other document requesting registration; (2) Two copies, including one certified copy, of the
determination sought to be registered, and a statement under penalty of perjury that to the
best of the knowledge and belief of the person seeking registration the order has not been
modified; and (3) Except as otherwise provided in Section 30-3B-209, the name and address
of the person seeking registration and any parent or person acting as a parent who has been
awarded custody or visitation in the child custody determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the registering court shall: (1)
Cause the determination to be filed as a foreign judgment, together...
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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...
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