12-15-412
Section 12-15-412 Retention of jurisdiction. The juvenile court committing any minor or child to the custody of the department shall retain jurisdiction over the minor or child so long as the minor or child is in the custody of the department regarding the original commitment. (Act 2008-277, p. 441, §23.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-412.htm - 614 bytes - Match Info - Similar pages
12-15-115
Section 12-15-115 Original jurisdiction - Civil. (a) A juvenile court shall also exercise original jurisdiction of the following civil proceedings: (1) Removal of disabilities of nonage pursuant to Chapter 13 of Title 26. (2) Proceedings for judicial consent for a person under the respective legal age to marry, to be employed, withdraw from school, or enlist in military service when this consent is required by law. (3) Proceedings for the commitment of a minor or child with mental illness or an intellectual disability to the Department of Mental Health, as provided in Article 4 (commencing with Section 12-15-401). (4) Proceedings for the adoption of a child when these proceedings have been transferred from probate court as provided by law. (5) Proceedings for waiver of parental consent for a minor to have an abortion pursuant to Chapter 21 of Title 26. (6) Proceedings to establish parentage of a child pursuant to the Alabama Uniform Parentage Act, Chapter 17 of Title 26. (7)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-115.htm - 2K - Match Info - Similar pages
12-15-411
Section 12-15-411 Discharge of the minor or child from custody of the department. (a) Any minor or child committed to the custody of the department who has gained maximum benefit from institutional treatment, who is no longer in need of the services of the department, or who has gained maximum benefit from the programs of the department shall be discharged from the custody of the department. The minor or child shall not be received again by the department pursuant to the original commitment order unless deemed appropriate by a court of proper jurisdiction holding a subsequent hearing. (b) The department shall notify the committing juvenile court or the court to which the case is transferred and the parties to the commitment action in writing, which must be received by the juvenile court at least 10 days in advance of the proposed discharge. The committing juvenile court, at the time of discharge, shall transfer custody to a person or another state department or agency deemed suitable...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-411.htm - 1K - Match Info - Similar pages
12-15-102
law. This term shall not apply to any of the following: a. An offense when committed by a child 16 or 17 years of age as follows: 1. A nonfelony traffic offense or water safety offense other than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal ordinance prohibiting the same conduct. 2. A capital offense. 3. A Class A felony. 4. A felony which has as an element the use of a deadly weapon. 5. A felony which has as an element the causing of death or serious physical injury. 6. A felony which has as an element the use of a dangerous instrument against any person who is one of the following: (i) A law enforcement officer or official. (ii) A correctional officer or official. (iii) A parole or probation officer or official. (iv) A juvenile court probation officer or official. (v) A district attorney or other prosecuting officer or official. (vi) A judge or judicial official. (vii) A court officer or official. (viii) A person who is a grand juror, juror, or witness...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-102.htm - 12K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-4.htm - 9K - Match Info - Similar pages
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)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-409.htm - 2K - Match Info - Similar pages
12-15-314
care to participate in activities that are age or developmentally appropriate for the child based on a reasonable and prudent parent standard, provided the activities are consistent with provisions of any existing court order, individualized service plan, or promulgated policy of the department that provides guidance to caregivers concerning the reasonable and prudent parent standard. The guidance shall include factors for the caregiver to consider prior to allowing a child to participate in age or developmentally appropriate normal childhood activities. (2) A caregiver shall be immune from liability in a civil action to recover damages for injury, death, or loss to person or property that results from a caregiver's decisions using a reasonable and prudent parent standard. This subsection shall not be construed to remove or limit any existing liability protection provided by law. (Act 2008-277, p. 441, §18; Act 2010-712, p. 1744, §13; Act 2016-129, p. 290, §1; Act 2018-273, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-314.htm - 17K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-407.htm - 1K - Match Info - Similar pages
12-15-410
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 of the department, or his or her designee, may designate a facility outside the department where a committed child or minor may receive care and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-410.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-408.htm - 1K - Match Info - Similar pages
|