Code of Alabama

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6-10-96
Section 6-10-96 Reduced homestead incapable of allotment - Sale - Proof of facts; order
and notice; terms; application of proceeds. The facts stated in the application to sell the
homestead for setting apart of exemptions may be proved by the oral testimony of witnesses
or by the records of the probate court, and if the facts stated in such application are proven
to the satisfaction of the court by the evidence, the court may order the sale of said homestead,
and notice of said sale shall be given as directed by Section 43-2-455. Said homestead
must be sold on such terms as the court may direct, not exceeding a credit of three years,
but in no case shall the cash payment be less than $6,000, and said sum of $6,000 shall, in
the discretion of the court, be applied by the court to the purchase of a homestead for the
benefit of such surviving spouse and minor children, or either of them, or be paid by the
court to the surviving spouse for the use and support of said surviving spouse and...
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15-25-6
Section 15-25-6 Actions to minimize length of proceedings stressful to child; considerations
in ruling on motion for delay or continuance. In all criminal cases and juvenile proceedings
involving offenses set out in Section 15-25-1, wherein the victim hereof or a witness
to the offense is under the age of 16 years, the court and the district attorney shall take
appropriate action to ensure a speedy trial in order to minimize the length of time the child
must endure the stress of involvement in the proceedings. In ruling on any motion or other
request for a delay or continuance of proceedings, the court shall consider and give weight
to any adverse impact the delay or continuance may have on the well-being of a child victim
or witness. (Acts 1985, No. 85-743, p. 1143, ยง6.)...
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30-3-60
Section 30-3-60 Definitions. As used in this article, the following terms shall have
the following meanings: (1) CLERK OF THE COURT. Any circuit court clerk, district court clerk
or juvenile court clerk, or their employees, with responsibility for docketing or otherwise
carrying out the court's clerical duties in regard to domestic relations matters, support
and nonsupport cases, including the receipt and disbursement of support payments. (2) COURT.
Any juvenile or family court division of the circuit or district court in the county where
the mother of the child resides or is found, in the county where the father resides or is
found, or in the county where the child resides or is found and, in the case of a petition
seeking a divorce or legal separation, a petition seeking a modification of support previously
ordered under a divorce decree or a petition seeking a contempt citation for failure to pay
support previously ordered under a divorce decree, the circuit court or the domestic...
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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...
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9-17-152
Section 9-17-152 Board approval; recordation of order; certificate of effectiveness;
dissolution of fields and units; determination of commercial reserves; creation of cavities.
(a) The use of an underground reservoir as a storage facility for gas is hereby authorized,
provided that the board shall first enter an order, after notice and hearing pursuant to the
provisions of Sections 9-17-3 to 9-17-8, inclusive, approving such proposed underground storage
of gas and designating the horizontal and vertical boundaries of the storage facility, such
boundaries to include within them any necessary or reasonable buffer zone for the purpose
of insuring the safe operation of the storage facility and to protect the storage facility
against pollution, invasion, and escape or migration of gas therefrom, upon finding as follows:
(1) That the storage facility is suitable and feasible for the injection, storage and withdrawal
of gas and has a greater value or utility for the storage of gas than for...
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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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12-15-308
Section 12-15-308 Filing of petition and conduct of 72-hour hearing as to necessity
for continuation of shelter care of a child. (a) When a child alleged to be dependent has
been removed from the custody of the parent, legal guardian, or legal custodian and has not
been returned to same, a hearing shall be held within 72 hours from the time of removal, Saturdays,
Sundays, and holidays included, to determine whether continued shelter care is required. (b)
Notice of the 72-hour hearing requirement, either verbal or written, stating the date, time,
place, and purpose of the hearing and the right to counsel shall be given to the parent, legal
guardian, or legal custodian if he or she can be found. (c) At the commencement of the 72-hour
hearing requirement, the juvenile court shall advise the parent, legal guardian, or legal
custodian of the right to counsel and shall appoint counsel if the juvenile court determines
he or she is indigent. If the juvenile court already has not done so, it...
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26-2A-136
Section 26-2A-136 Permissible court orders. (a) The court shall exercise the authority
conferred in this division to encourage the development of maximum self-reliance and independence
of a protected person and make protective orders only to the extent necessitated by the protected
person's mental and adaptive limitations and other conditions warranting the procedure. (b)
The court has the following powers that may be exercised directly or through a conservator
in respect to the estate and business affairs of a protected person: (1) While a petition
for appointment of a conservator or other protective order is pending and after preliminary
hearing and without notice, the court may preserve and apply the property of the person to
be protected as may be required for the support of the person or dependents of the person.
(2) After hearing and upon determining that a basis for an appointment or other protective
order exists with respect to a minor without other disability, the court has...
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30-3B-206
Section 30-3B-206 Simultaneous proceedings. (a) Except as otherwise provided in Section
30-3B-204, a court of this state may not exercise its jurisdiction under this article if,
at the time of the commencement of the proceeding, a proceeding concerning the custody of
the child has been commenced in a court of another state having jurisdiction substantially
in conformity with this chapter, unless the proceeding has been terminated or is stayed by
the court of the other state because a court of this state is a more convenient forum under
Section 30-3B-207. (b) Except as otherwise provided in Section 30-3B-204, a
court of this state, before hearing a child custody proceeding, shall examine the court documents
and other information supplied by the parties pursuant to Section 30-3B-209. If the
court determines that a child custody proceeding has been commenced in a court in another
state having jurisdiction substantially in accordance with this chapter, the court of this
state shall stay...
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12-15-302
Section 12-15-302 Venue generally. (a) Dependency proceedings shall be commenced in
the county where the child resides, in the county where the child is present when the proceedings
are commenced, or in the county where the acts that are the basis of the dependency petition
occurred. (b) Regardless of the county where the child currently resides, when a petition
is filed seeking to modify an award of custody or visitation pursuant to an adjudication of
dependency, and one of the individuals who was a party to the original proceeding still resides
in the county of the juvenile court of original jurisdiction, the petition shall be filed
in the juvenile court of the original jurisdiction. (c) When a petition is filed seeking to
modify an award of custody or visitation pursuant to an adjudication of dependency in which
all parties to the original action, including the child, no longer reside in the county of
original jurisdiction, the petition shall be filed in the county where the child...
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