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12-15-301
is a relative of the child and has been providing care and support for the child while the
child has been residing in the home of the caregiver for at least the last six consecutive
months while in the legal custody of the Department of Human Resources or a designated official
for a child-placing agency or a successor guardian. (4) CHILD ABUSE. Harm or the risk of harm
to the emotional health, physical health, or welfare of a child, which can occur through nonaccidental
physical or mental injury, sexual abuse, or attempted sexual abuse or sexual exploitation
or attempted sexual exploitation. (5) CHILD-PLACING AGENCY. The same as the term is defined
in subdivision (3) of Section 38-7-2. (6) ELIGIBLE CHILD. In addition to the definition of
child in subdivision (3) of Section 12-15-102, an individual under 18 years of age who has
been residing with the caregiver for at least the last six consecutive months while in the
legal custody of the Department of Human Resources. (7) FORENSIC...
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26-1A-213
Section 26-1A-213 Personal and family maintenance. (a) Unless the power of attorney
otherwise provides, language in a power of attorney granting general authority with respect
to personal and family maintenance authorizes the agent to: (1) perform the acts necessary
to maintain the customary standard of living of the principal, the principal's spouse, and
the following individuals, whether living when the power of attorney is executed or later
born: (A) the principal's children; (B) other individuals legally entitled to be supported
by the principal; and (C) the individuals whom the principal has customarily supported or
indicated the intent to support; (2) make periodic payments of child support and other family
maintenance required by a court or governmental agency or an agreement to which the principal
is a party; (3) provide living quarters for the individuals described in paragraph (1) by:
(A) purchase, lease, or other contract; or (B) paying the operating costs, including...
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38-15-2
Section 38-15-2 Legislative findings. The Legislature finds that there is a substantial need
to protect children and youth from abuse and neglect by persons entrusted with their physical
custody, and from persons or organizations that advertise, hold themselves out, or lead others
to believe that they will provide them with health, therapeutic, rehabilitative, or disciplinary
services, and from persons employed or exercising authority over them, and who they depend
upon to provide the basic necessities of life. The Legislature further finds that abuse and
neglect often take the form of the withholding of the basic necessities of life, including
food, water, shelter, clothing, and health care through an affirmative act or omission. It
is the intent of the Legislature to implement a baseline of registration and regulation requirements
for religious, faith-based, or church nonprofit, other nonprofit, and for profit affiliated
youth residential facilities and institutions that have...
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22-6-13
Section 22-6-13 Medicaid benefits for county inmates and certain juveniles. (a) For the purposes
of this section, the following words have the following meanings: (1) COUNTY INMATE. Any person
being held in a public institution under the administrative control and responsibility of
the county sheriff and for whom the county is responsible for the provision of medical care.
The term includes a person in custody while awaiting arraignment or bond, a pretrial detainee,
a convicted person who is awaiting transfer to but has not otherwise become the responsibility
of the Department of Corrections, or a person serving his or her sentence in the county jail.
(2) INPATIENT. This term as defined in 42 C.F.R. § 435.1010, as may be amended. (3) JUVENILE.
Any child under the jurisdiction of the juvenile court who is detained in a public institution
and for whom the county is responsible for the provision of medical care pursuant to Section
12-15-108. (4) MEDICAL INSTITUTION. This term as defined...
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45-36-232.28
Section 45-36-232.28 Release pending trial; conditions; order; notice. (a) Any person in Jackson
County charged with an offense, at his or her appearance before a judicial officer, may be
ordered released pending trial on his or her personal recognizance or upon the execution
of an unsecured appearance bond in an amount specified by the judicial officer, unless the
judicial officer determines, in the exercise of his or her discretion, that such a release
will not reasonably assure the appearance of the person as required. When such a determination
is made, the judicial officer, either in lieu of or in addition to the above methods of release,
shall impose the first of the following conditions of release which will reasonably assure
the appearance of the person for trial or, if no single condition gives that assurance, any
combination of the following conditions: (1) Place the person in the custody of a designated
person agreeing to supervise him or her. (2) Place restrictions on the...
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45-45-233.28
Section 45-45-233.28 Release pending trial; conditions; order; notice. (a) Any person in Madison
County charged with an offense, at his or her appearance before a judicial officer, may be
ordered released pending trial on his or her personal recognizance or upon the execution
of an unsecured appearance bond in an amount specified by the judicial officer, unless the
judicial officer determines, in the exercise of his or her discretion, that such a release
will not reasonably assure the appearance of the person as required. When such a determination
is made, the judicial officer shall, either in lieu of or in addition to the above methods
of release, impose the first of the following conditions of release which will reasonably
assure the appearance of the person for trial or, if no single condition gives that assurance,
any combination of the following conditions: (1) Place the person in the custody of a designated
person agreeing to supervise him or her. (2) Place restrictions on the...
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45-49-235.08
Section 45-49-235.08 Release pending trial; conditions; order; notice. (a) Any person charged
with an offense, at his or her appearance before a judicial officer, may be ordered released
pending trial on his or her personal recognizance or upon the execution of an unsecured
appearance bond in an amount specified by the judicial officer, unless the judicial officer
determines, in the exercise of his or her discretion, that such a release will not reasonably
assure the required appearance of such person. When such a determination is made, the judicial
officer, either in lieu of, or in addition to, the above method of release, shall impose the
first of the following conditions of release which will reasonably assure the appearance of
the person for trial or, if no single condition gives that assurance, any combination of the
following conditions: (1) Place the person in the custody of a designated person who agrees
to supervise him or her. (2) Place restrictions on the travel,...
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12-15-317
in the custody of the Department of Human Resources for 12 of the most recent 22 months. b.
If a child has been abandoned. c. If the parent has committed murder of another child of that
parent. d. If the parent has committed manslaughter of another child of that parent. e. If
the parent has aided, abetted, attempted, conspired, or solicited to commit murder or manslaughter
of another child of that parent. f. If the parent has committed a felony assault that has
resulted in serious bodily injury, as defined in paragraph c. of subdivision (5) of
subsection (a) of Section 12-15-319, to the child, to another child of the parent, or to the
other parent of the child. (2) Exceptions to mandatory filing shall include any of the following
factors: a. The child is being cared for by a relative. b. The Department of Human Resources
has documented in the individualized service plan, which shall be available for review by
the juvenile court, a compelling reason for determining that filing a...
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41-15B-2.2
5. Provision of other forensic services for children when requested by the council. b. The
Department of Forensic Sciences shall prepare an annual accounting of the distribution of
monies received and the effectiveness of programs implemented pursuant to this chapter and
shall file the accounting with the council before July 1. Sufficient safeguards shall be implemented
to ensure that the new monies increase and not supplant or decrease existing state support.
(12) One-half of one percent of the fund shall be allocated to the Department of Rehabilitation
Services for distribution to one or more of the following: a. Early intervention services
for children from birth through age three and services for children who have traumatic brain
injury. b. Child death review teams pursuant to Article 5 of Chapter 16 of Title 26.
The Department of Rehabilitation Services shall work in cooperation with the Department of
Public Health to administer this paragraph. (Act 99-390, p. 628, §3.)...
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12-15-215
Section 12-15-215 Disposition of delinquent children or children in need of supervision generally.
(a) If the juvenile court finds on proof beyond a reasonable doubt, based upon competent,
material, and relevant evidence, that a child committed the acts by reason of which the child
is alleged to be delinquent or in need of supervision, it may proceed immediately to hear
evidence as to whether the child is in need of care or rehabilitation and to file its findings
thereon. In the absence of evidence to the contrary, a finding that the child has committed
an act which constitutes a felony is sufficient to sustain a finding that the child is in
need of care or rehabilitation. If the juvenile court finds that the child is not in need
of care or rehabilitation, it shall dismiss the proceedings and discharge the child from any
detention or other temporary care theretofore ordered. If the juvenile court finds that the
child is in need of care or rehabilitation, it may make any of the...
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