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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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12-15-309
Section 12-15-309 Alleged dependent child to be released when continued shelter care not required;
conditions imposed upon release; amendment of conditions or return of child to custody upon
failure to conform to conditions imposed. (a) When the juvenile court finds that continued
shelter care is not required for a child, the juvenile court shall order the return of the
child, and in so doing, may impose one or more of the following conditions singly or in combination:
(1) Return the child to the custody of the parent, legal guardian, or legal custodian and,
if necessary, place the child under the supervision of the Department of Human Resources.
(2) Place restrictions on travel, associations, or living conditions of the child pending
the adjudicatory hearing. (b) An order releasing a child on any conditions specified may at
any time be amended to impose additional or different conditions. (Act 2008-277, p. 441, ยง18.)...
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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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12-15-109
Section 12-15-109 Issuance of orders to parents for payment of court costs, fees of attorneys,
and expenses for support, treatment of children under the jurisdiction of the juvenile court
pursuant to this chapter; manner of payment; proceedings upon failure of parents to pay amounts
directed. If, after making a parent, or other person legally obligated to care for and support
a child, a party to the action pursuant to this chapter and the Alabama Rules of Juvenile
Procedure and after a hearing, the juvenile court finds that the parent or other person is
financially able to pay all or part of the court costs, as provided by law, attorney fees,
and expenses with respect to examination, treatment, care, detention, or support of the child
incurred from the commencement of the proceeding in carrying out this chapter, the juvenile
court shall order them to pay the same and may prescribe the manner of payment. Unless otherwise
ordered, payment shall be made to the clerk of the juvenile court...
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12-15-313
Section 12-15-313 Ordering and preparation of report concerning a child and family; ordering,
conduct, and certification of findings of physical or mental examination of child prior to
hearing on petition generally; examination of parent, legal guardian, or legal custodian after
hearing where ability to care for or supervise child at issue. (a) After a petition alleging
dependency has been filed, the juvenile court may direct that a study and report to the juvenile
court be made by the Department of Human Resources with recommendations concerning the child,
his or her family, his or her environment, and other matters relevant to the need for treatment
or disposition of the case. (b) Where there are indications that the child may be physically
ill or a child with mental illness or an intellectual disability, on its own motion or motion
of a party, may order the child to be examined at a suitable place by a physician, psychiatrist,
psychologist, or other qualified examiner under the...
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12-15-106
ratified by the original signature of a judge with authority over juvenile matters. (h) Matters
Before the Referee Needing Immediate Action. If a matter before a referee requires immediate
action, the referee shall state in his or her written findings and recommendations why the
recommendations should be effective immediately. These matters for immediate action may include,
but are not limited to, matters of contempt, the physical safety of the child, or the safety
of others, or when the personal liberty of the child may be infringed. In such event,
the written recommendations of the referee shall be effective and binding, upon the consent
of the parties, for a period not exceeding 72 hours. In the event the parties do not consent
to immediate action, the recommendations shall be reviewed immediately by any judge with authority
over juvenile matters, who may order an appropriate temporary order based on the findings
and recommendations, which order will be effective for a period not...
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12-15-701
Section 12-15-701 Definitions; applicability of prostitution statutes; procedures. (a) For
the purposes of this section, sexually exploited child shall mean an individual under the
age of 18 years who is under the jurisdiction of the juvenile court and who has been subjected
to sexual exploitation because he or she is any of the following: (1) A victim of the crime
of human trafficking sexual servitude as provided in Section 13A-6-150, et seq. (2) Engaged
in prostitution as provided in Section 13A-12-120 or 13A-12-121. (3) A victim of the crime
of promoting prostitution as provided in Section 13A-12-111, 13A-12-112, or 13A-12-113. (b)
A sexually exploited child may not be adjudicated delinquent or convicted of a crime of prostitution
as provided in Section 13A-12-120 or 13A-12-121, or any municipal ordinance prohibiting such
acts. (c) In any proceeding based upon a child's arrest for an act of prostitution, there
is a presumption that the child satisfies the definition of a sexually...
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12-15-304
Section 12-15-304 Appointment by juvenile courts of guardians ad litem. (a) In all dependency
and termination of parental rights proceedings, the juvenile court shall appoint a guardian
ad litem for a child who is a party to the proceedings and whose primary responsibility shall
be to protect the best interests of the child. (b) The duties of the guardian ad litem include,
but shall not be limited to, the following: (1) Irrespective of the age of the child, meet
with the child prior to juvenile court hearings and when apprised of emergencies or significant
events impacting the child. In addition, the guardian ad litem shall explain, in terms understandable
to the child, what is expected to happen before, during, and after each juvenile court hearing.
(2) Conduct a thorough and independent investigation. (3) Advocate for appropriate services
for the child and the family. (4) Attend all juvenile court hearings scheduled by the juvenile
court and file all necessary pleadings to facilitate...
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12-15-221
Section 12-15-221 Modification, extension or termination of orders of custody or probation
generally. (a) An order awarding legal custody or an order of probation made by the juvenile
court in the case of a child may be modified, revoked, or extended on motion by: (1) A child,
whose legal custody has been transferred to a department, institution, agency, or person,
requesting the juvenile court for a modification or termination of the order, alleging that
the child is no longer in need of placement or probation and the department, institution,
agency, or person has denied application for release of the child or has failed to act upon
the application within a reasonable time; or (2) A department, institution, agency, or person
vested with legal custody or responsibility for probation, requesting the juvenile court for
a modification, an extension, or a termination of the order on the grounds that the action
is in the best interests of the child or necessary to safeguard the welfare of...
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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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