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26-10A-10
Section 26-10A-10 Persons whose consents or relinquishments are not required. Notwithstanding
the provisions of Section 26-10A-7, the consent or relinquishment of the following persons
shall not be required for an adoption: (1) A parent whose rights with reference to the adoptee
have been terminated by operation of law in accordance with the Alabama Child Protection Act,
Sections 26-18-1 through 26-18-10; (2) A parent who has been adjudged incompetent pursuant
to law or a parent whom the court finds to be mentally incapable of consenting or relinquishing
and whose mental disability is likely to continue for so long a period that it would be detrimental
to the adoptee to delay adoption until restoration of the parent's competency or capacity.
The court must appoint independent counsel or a guardian ad litem for an incompetent parent
for whom there has been no such prior appointment; (3) A parent who has relinquished his or
her minor child to the Department of Human Resources or a...
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44-1-30
Section 44-1-30 Study and evaluation of youth in custody of department. When the legal custody
of a youth has been vested in the department of youth services by order of the juvenile judge,
the department shall, under rules established by it, study and evaluate such youth and investigate
all pertinent circumstances of his behavior and life in order to prepare a service plan while
he or she is detained in the state training schools. Data concerning such youth secured in
any previous study and evaluation undertaken under this chapter may be utilized by the department
in lieu of or in supplementation of a new study and evaluation. The police authorities, the
school authorities and other public officials and agencies of the state or any county or municipality
in the state shall, upon the request of the department, promptly make available to the department
all pertinent information in their possession with respect to a youth whose custody is vested
in the department; provided, that this...
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6-10-86
Section 6-10-86 Report of appraisers or commissioners - Exceptions; notice of time set for
hearing thereon. When any homestead or other exemption has been allotted or set apart by the
appraisers or by commissioners, the personal representative, surviving spouse, minor child
or children, or other person in interest feeling aggrieved may, within 30 days after the making
of the report, file written exceptions thereto, stating the grounds of such exceptions. Thereupon
the court must fix a day for the hearing of the exceptions, of which 10 days' notice must
be given by personal service, if the adverse parties reside in the state or, if they reside
out of the state, by publication in some newspaper published in the county. If the exceptions
are filed by the surviving spouse and minor child or children, or either, such notice must
be served on the personal representative, but if filed by the personal representative or other
person, the notice must be served on the surviving spouse, if there...
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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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15-16-41
Section 15-16-41 Determination of necessity for hearing as to involuntary commitment of defendant
found not guilty by reason of insanity; subsequent proceedings. If a defendant in a criminal
case is found not guilty by reason of insanity, the court shall forthwith determine whether
the defendant should be held for a hearing on the issue of his involuntary commitment to the
Alabama State Department of Mental Health. If the court determines that there is probable
cause to believe that the defendant is mentally ill and as a consequence of such mental illness
poses a real and present threat of substantial harm to himself or to others, the court shall
order the defendant into the custody of the sheriff until a hearing can be held to determine
whether the defendant shall be involuntarily committed. If the court does not make such a
determination, then the defendant shall be forthwith released from custody. (Acts 1981, No.
81-708, p. 1189, §1.)...
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15-16-43
Section 15-16-43 Commitment of defendant upon finding of mental illness. If, at the final hearing,
the court finds that the defendant is mentally ill and as a consequence of such mental illness
poses a real and present threat of substantial harm to himself or to others, the court shall
order the defendant committed to the custody of the Commissioner of the Alabama State Department
of Mental Health or to such other public facility as the court may order. If the court does
not make such a finding, then the defendant shall be released from custody forthwith. (Acts
1981, No. 81-708, p. 1189, §3.)...
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15-18-5
Section 15-18-5 Credit towards sentence for time spent incarcerated - Pending trial. (a) Upon
conviction and imprisonment for any felony or misdemeanor, the sentencing court shall order
that the convicted person be credited with all of his or her actual time spent incarcerated
pending trial for the offense. The actual time spent incarcerated pending trial shall be certified
by the circuit clerk or district clerk on forms to be prescribed by the Department of Corrections.
(b) Upon a child being adjudicated delinquent and committed to the Alabama Department of Youth
Services in a juvenile court for a felony or a misdemeanor for a set period of time or as
a serious juvenile offender as specified in subsection (a) of Section 12-15-219, the juvenile
court shall order that the delinquent child be credited with all of his or her actual time
spent detained prior to or subsequent to adjudication for the offense. The actual time spent
detained shall be certified by a juvenile probation officer...
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26-10A-2
Section 26-10A-2 Definitions. The following words and phrases shall have the following meaning
whenever used in this chapter except where the context clearly indicates a different meaning:
(1) ABANDONMENT. A voluntary and intentional relinquishment of the custody of a minor by parent,
or a withholding from the minor, without good cause or excuse, by the parent, of his or her
presence, care, love, protection, maintenance, or the opportunity for the display of filial
affection, or the failure to claim the rights of a parent, or the failure to perform the duties
of a parent. (2) ADOPTEE. The person being adopted. (3) ADULT. A person who is 19 years of
age or older or who by statute is otherwise deemed an adult. (4) CONSENT. Voluntarily agreeing
to adoption. (5) FATHER. A male person who is the biological father of the minor or is treated
by law as the father. (6) LICENSED CHILD PLACING AGENCY. Any adoption agency that is licensed
under the provisions of the Alabama Child Care Act of 1971...
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26-23A-3
Section 26-23A-3 Definitions. For the purposes of this chapter, the following terms have the
following meanings: (1) ABORTION. The use or prescription of any instrument, medicine, drug,
or any other substance or device with the intent to terminate the pregnancy of a woman known
to be pregnant. Such use or prescription is not an abortion if done with the intent to save
the life or preserve the health of an unborn child, remove a dead unborn child, or to deliver
an unborn child prematurely in order to preserve the health of both the mother (pregnant woman)
and her unborn child. (2) CONCEPTION. The fusion of a human spermatozoon with a human ovum.
(3) EMANCIPATED MINOR. Any minor who is or has been married or has by court order otherwise
been legally freed from the care, custody, and control of her parents. (4) GESTATIONAL AGE.
The time that has elapsed since the first day of the woman's last menstrual period. (5) MEDICAL
EMERGENCY. That condition which, on the basis of the physician's...
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30-2-40
Section 30-2-40 Legal separation. (a) The court shall enter a decree of legal separation if
all of the following requirements are satisfied: (1) The court determines that the jurisdictional
requirements for the dissolution of a marriage have been met. (2) The court determines the
marriage is irretrievably broken or there exists a complete incompatibility of temperament
or one or both of the parties desires to live separate and apart. (3) To the extent that it
has jurisdiction to do so, the court has considered, approved, or provided for child custody,
and has entered an order for child support in compliance with Rule 32 of the Alabama Rules
of Judicial Administration. (b) A legal separation is a court determination of the rights
and responsibilities of a husband and wife arising out of the marital relationship. A decree
of legal separation does not terminate the marital status of the parties. (c) If a party files
a complaint for a decree of legal separation rather than a decree of...
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