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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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12-15-405
Section 12-15-405 Notice of hearing; appointment of counsel for the minor or child.
(a) When any minor or child against whom a petition has been filed seeking to commit the minor
or child to the custody of the department is initially brought before the juvenile court,
the juvenile court shall provide a copy of the petition and if requested, read the petition
to the minor or child and to his or her parent, legal guardian, or legal custodian and counsel,
and inform those persons verbally and in writing of the date, time, and place of the next
hearing to be held in regard to the minor or child, the purpose of the hearing, the rights
of the minor or child at the hearing, and the possible consequences of the hearing. (b) The
juvenile court shall appoint a child's attorney for the minor or child. The juvenile court
may appoint a guardian ad litem in addition to the child's attorney. No statement made or
act done by the minor or child in the presence of the juvenile court prior to the minor...
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12-15-406
Section 12-15-406 Determination of placement of the minor or child. (a) At the time
that a minor or child sought to be committed is first brought before the juvenile court, the
juvenile court shall determine the placement of the minor or child pending further hearings.
No limitations shall be placed upon the minor or child unless limitations shall be necessary
to prevent the minor or child from doing substantial harm to self or to others or to prevent
the minor or child from leaving the jurisdiction of the juvenile court. (b) No child shall
be placed in a juvenile detention facility unless the child is charged with a delinquent act.
(c) The juvenile court may order the minor or child to be held in a public or private facility
pending receipt by the department. (d) The juvenile court shall order the minor or child to
appear at the times and places set for hearing the petition and may order and require the
minor or child to appear at designated times and places to be examined by medical...
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12-15-410
Section 12-15-410 Evidence in commitment proceedings for minor and child with an intellectual
disability. (a) At the final hearing upon a petition seeking to commit a minor or child to
the department on the basis that the minor or child is a person with an intellectual disability,
the juvenile court may grant the petition if clear and convincing evidence proves all of the
following: (1) The minor or child sought to be committed is a person with an intellectual
disability. (2) The minor or child is not mildly retarded, as defined by the department. (3)
The minor or child, if allowed to remain in the community, is likely to cause serious injury
to himself, herself, or others, or that adequate care, rehabilitation, and training opportunities
are available only at a facility provided by the department. (b) Upon these findings, the
juvenile court shall enter an order setting forth the findings, and may order the minor or
child committed to the custody of the department. (c) The commissioner...
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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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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...
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26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have
the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal
offense and who is held for an initial appearance or other proceeding before trial. (2) APPELLATE
PROCEEDING. An oral argument held in open court before the Alabama Court of Criminal Appeals,
the Supreme Court of Alabama, a federal court of appeals, or the United States Supreme Court.
(3) ARREST. The actual custodial restraint of a person or his or her submission to custody.
(4) COMMUNITY STATUS. Extension of the limits of the places of confinement of a prisoner through
work release, supervised intensive restitution (SIR), and initial consideration of pre-discretionary
leave, passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME
VICTIM ADVOCATE. A person who is employed or authorized by a public entity or a private entity
that receives public funding primarily to provide...
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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall
have the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense.
(2) CHILD. A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed
child daycare center, a licensed childcare facility, or any other childcare service that is
exempt from licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous
that a reasonable person should know or recognize its location or its address has been provided
to local law enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a
trial, a plea of guilty, a plea of nolo contendere, or an Alford plea regardless of whether
adjudication was withheld. Conviction includes, but is not limited to, a conviction in a United
States territory, a conviction in a federal or military tribunal, including a court martial
conducted by the Armed Forces of the United States, a conviction for an offense committed...
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12-15-407
Section 12-15-407 Probable cause hearings for temporary confinement of the minor or
child. (a) If the juvenile court finds it necessary to temporarily confine or restrain the
minor or child, pending final hearing upon a petition for mental commitment of the minor or
child in the custody of any person, department, or agency other than his or her parent, legal
guardian, or legal custodian, the juvenile court at the time the confinement is ordered shall
set the matter for a hearing within seven days to determine if probable cause exists that
the minor or child should be committed. At the probable cause hearing, the juvenile court
shall determine if it is necessary to continue the restraint or confinement pending the final
hearing. (b) Upon a finding of probable cause that the minor or child should be committed,
the juvenile court shall enter an order so stating and setting the date, time, and place of
the hearing on the merits of the petition. (c) The final hearing shall be held on the...
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