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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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27-55-2
Section 27-55-2 Definitions. As used in this chapter, these terms shall have the following
meanings: (1) ABUSE. The occurrence of one or more of the following acts by a family or household
member, as defined by subdivision (3) of subsection (b) of Section 15-10-3: a. Attempting
to cause or intentionally, knowingly, or recklessly causing another person, including a minor
child, bodily injury, severe emotional injury, or psychological trauma or conduct
which constitutes the crime of rape. b. Intentionally following another person, including
a minor child, without proper authority, under circumstances that place the person in reasonable
fear of bodily injury or physical harm. c. Subjecting another person, including a minor
child, to false imprisonment or kidnapping. d. Attempting to cause or intentionally, knowingly,
or recklessly causing damage to property to intimidate or attempt to control the behavior
of another person, including a minor child. e. Assault, child abuse, criminal...
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32-5A-308
Section 32-5A-308 Judicial review. Within 30 days of the issuance of the final determination
of the department following a hearing under Section 32-5A-307, a person aggrieved by the determination
shall have the right to file a petition in the circuit court of the county where the arrest
was made for judicial review. The appeal shall be taken by serving written notice of the appeal
upon the director, which service shall be made by delivering a copy of the notice to the director
in Montgomery, Alabama, and filing the original thereof with the clerk of the court to which
the appeal is taken. The court shall set the matter for hearing upon 30 days' written notice
to the director. At the hearing, the court may take testimony and examine the facts of the
case. After the hearing, the court may either reverse or sustain the final determination of
the department. The filing of a petition for judicial review shall not stay the suspension
order. (Acts 1996, No. 96-322, p. 388, §9; Act 99-598, p....
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38-7-2
Section 38-7-2 Definitions. Terms used in this chapter, unless the context otherwise requires,
have the meanings ascribed to them in this section. When not inconsistent with the context,
words used in the present tense include the future, words in the singular number include the
plural number, and words in the plural number include the singular number, and the word "shall"
is always mandatory and not merely directory: (1) CHILD. Any person under 19 years of age,
a person under the continuing jurisdiction of the juvenile court pursuant to Section 12-15-117,
or a person under 21 years of age in foster care as defined by the Department of Human Resources.
(2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD CARE. A child-care facility where more
than 10 children are received and maintained for the purpose of providing them with care or
training or both, or transitional living program services, but does not include: a. Any institution
for child care which is under the ownership or control,...
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43-2-661
Section 43-2-661 Petition to establish presumption. An executor, administrator or surety on
the bond of the executor or administrator of said estate, or the heirs or next of kin of such
executor, administrator or surety may file a petition or complaint, verified by affidavits,
in the court in which such a cause is pending, alleging the existence of the facts that raise
the presumptions stated in section 43-2-660, and, upon the filing of such petition or complaint
and giving security for costs of the proceeding, the court must appoint a day for the hearing
of such petition or complaint and must give notice of the same by publication in some newspaper
published in the county for three successive weeks or, if none is published in the county,
by posting such notice at the courthouse and three other public places in such county for
the same length of time; and the court must also give 10 days' notice to every adult distributee
resident in the state and to all sureties on the bond of the...
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44-1-36
Section 44-1-36 Commitment of mentally ill or retarded youth to state hospital; discharge of
rehabilitated youth; release of youth into aftercare; termination or extension of orders of
commitment. (a) In the event a committed youth shall be diagnosed in writing as mentally ill
to the degree that said youth is unable to profit from the programs operated by the department
of youth services for the benefit of delinquent youth, the department may petition the proper
juvenile court for the commitment of the said youth to the state hospital for the mentally
ill. The diagnosis must be made by a person who is legally and professionally qualified under
the laws of Alabama to make such a diagnosis. (b) In the event a committed youth shall be
diagnosed in writing as mentally retarded to the degree that said youth is unable to profit
from the programs operated by the department for the benefit of delinquent youth, the department
may petition the proper juvenile court for the commitment of the said...
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45-37-73
Section 45-37-73 Curfew regulation. (a) The Jefferson County Commission may regulate and restrict
the activity of minors under 17 years of age in the unincorporated areas of the county, by
resolution or ordinance, in public places and establishments. (b) The resolution or ordinance
may include any one or more of the following: (1) Definitions of certain words and terms and
descriptions of the places and locations to which the regulation and restriction are applicable.
(2) The individuals who are responsible for violations, including parents and custodians of
the minors, and the responsibility of owners, operators, managers, and employees of establishments.
(3) The regulated or restricted curfew hours and the days of the week when the curfew applies.
(4) A requirement to post notice of the curfew hours. (5) The defenses or situations and activities
which are excluded from the resolution or ordinance. (c) A violation of the curfew established
by ordinance or resolution pursuant to this...
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45-45-82
Section 45-45-82 Child protection board and fund. (a) In order to provide for the protection
and welfare of children in Madison County who are alleged to be or have been found by the
juvenile court of the county to be abused or neglected or otherwise dependent as defined by
Section 12-15-102, there is levied and imposed a court cost of four dollars ($4), in all cases
filed in the district court of the county, which shall be in addition to all other costs previously
imposed. The clerk of the court shall collect the costs and remit them to a fund to be designated
as the Child Protection Fund in the county treasury. (b)(1)a. There is established a board
to be known as the Child Protection Board of Madison County. The board shall consist of seven
members. The presiding district judge, after consulting with the district court judges of
Madison County, shall appoint the six initial board members, two members to serve four-year
terms, two members to serve three-year terms, and two members to...
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6-10-85
Section 6-10-85 How exemption in lieu of homestead claimed and set apart. When an exemption
of real estate in lieu of homestead is claimed under Section 6-10-61, a petition in writing,
duly verified by oath, must be filed by, or on behalf of, the surviving spouse and minor child
or children, or either, as the case may be, in the probate court having jurisdiction of the
administration of the estate, setting forth the facts authorizing such exemption, describing
the real estate out of which the exemption is claimed and stating its value. Thereupon the
court shall appoint three commissioners who shall set off and allot the same by metes and
bounds; and, within 10 days thereafter, they shall make a written report to the court of the
exemption set off and allotted by them. (Code 1886, §2553; Code 1896, §2083; Code 1907,
§4210; Code 1923, §7932; Code 1940, T. 7, §675.)...
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12-15-107
Section 12-15-107 Juvenile probation officers - Duties of juvenile probation officers generally;
powers of juvenile probation officers as to taking into custody and placing in shelter or
detention care of children generally; procedure upon taking into custody of child by juvenile
probation officer generally. (a) For the purpose of carrying out the objectives and purposes
of this chapter and subject to the limitations of this chapter or imposed by the juvenile
court, a juvenile probation officer shall perform the following duties: (1) Make investigations,
reports, and recommendations to the juvenile court. (2) Serve as a juvenile court intake officer
when designated by the juvenile court judge. (3) Supervise and assist a child placed on probation
or aftercare by order of the juvenile court or other authority of law until the terms of probation
or aftercare expire or are otherwise terminated. (4) Make appropriate referrals to other private
or public departments or agencies of the...
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