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12-15-312
Section 12-15-312 Reasonable efforts in judicial determinations; situations in which
reasonable efforts are not required to be made. (a) When the juvenile court enters an order
removing a child from his or her home and places the child into foster care or custody of
the Department of Human Resources pursuant to this chapter, the order shall contain specific
findings, if warranted by the evidence, within the following time periods while making child
safety the paramount concern: (1) In the first order of the juvenile court that sanctions
the removal, whether continuation of the residence of the child in the home would be contrary
to the welfare of the child. This order may be the pick-up order that the juvenile court issues
on the filing of a dependency petition. (2) Within 60 days after the child is removed from
the home of the child, whether reasonable efforts have been made to prevent removal of the
child or whether reasonable efforts were not required to be made. (3) Within 12...
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12-15-315
Section 12-15-315 Permanency hearing for Department of Human Resources cases only. (a)
Within 12 months of the date a child is removed from the home and placed in out-of-home care,
and not less frequently than every 12 months thereafter during the continuation of the child
in out-of-home care, the juvenile court shall hold a permanency hearing. The Department of
Human Resources shall present to the juvenile court at the hearing a permanent plan for the
child. The juvenile court shall consult with the child, in an age-appropriate manner, regarding
the permanency plan and any transition plan to independent living. If a permanent plan is
not presented to the juvenile court at this hearing, there shall be a rebuttable presumption
that the child should be returned home. This provision is intended to ensure that a permanent
plan is prepared by the Department of Human Resources and presented to the juvenile court
within 12 months of the placement of any child in foster care and no less...
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12-15-301
Section 12-15-301 Definitions. For purposes of this article, the following words and
phrases shall have the following meanings: (1) ABANDONMENT. A voluntary and intentional relinquishment
of the custody of a child by a parent, or a withholding from the child, 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 failure to perform the duties of a parent. (2) AGE APPROPRIATE or DEVELOPMENTALLY
APPROPRIATE. Activities or items that are generally accepted as suitable for children of the
same chronological age or level of maturity or that are determined to be developmentally appropriate
for a child based on the development of cognitive, emotional, physical, and behavioral capacities
that are typical for an age or age group and, in the case of a specific child, activities
or items that are suitable for the child based on the...
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12-15-317
Section 12-15-317 Who may file petition. The Department of Human Resources, any public
or private licensed child-placing agency, parent, child, or any interested person may file
a petition to terminate the parental rights of a parent or parents of a child. (1) Mandatory
filing of petition by the Department of Human Resources. The Department of Human Resources
shall be required to file a petition to terminate the parental rights of a parent or parents
of a child, or if the petition has been filed by another party, shall seek to be joined as
a party to the petition, and, concurrently, to identify, recruit, process, and approve a qualified
family for adoption, in the following circumstances: a. In the case of a child who has been
in foster care 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...
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26-10-24
Section 26-10-24 Certification for subsidy; procedures; approval of plan. (a) Except
in cases involving foster parents, where the department has made reasonable efforts to locate
an appropriate family to adopt the child without the use of subsidy and no family has been
found for the child, the State Department of Human Resources shall certify the child as eligible
for a subsidy, provided the other requirements of this article are met. (b) In cases involving
foster parents where there is evidence to support the existence of potential danger to the
child in severing his or her emotional ties with his or her foster parents who are the prospective
adoptive parents, no evidence need be presented that reasonable efforts have been made to
place the child without subsidy. (c) Application for adoption subsidy shall be in the form
and contain the information required by the department. (d) The decision concerning certification
of the child for subsidy shall be made by the State Department of...
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12-15-319
Section 12-15-319 Grounds for termination of parental rights; factors considered; presumption
arising from abandonment. (a) If the juvenile court finds from clear and convincing evidence,
competent, material, and relevant in nature, that the parents of a child are unable or unwilling
to discharge their responsibilities to and for the child, or that the conduct or condition
of the parents renders them unable to properly care for the child and that the conduct or
condition is unlikely to change in the foreseeable future, it may terminate the parental rights
of the parents. In a hearing on a petition for termination of parental rights, the court shall
consider the best interests of the child. In determining whether or not the parents are unable
or unwilling to discharge their responsibilities to and for the child and to terminate the
parental rights, the juvenile court shall consider the following factors including, but not
limited to, the following: (1) That the parents have abandoned...
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30-3B-102
Section 30-3B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision.
(2) CHILD. An individual who has not attained 19 years of age. (3) CHILD CUSTODY DETERMINATION.
A judgment, decree, or other order of a court providing for the legal custody, physical custody,
or visitation with respect to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order relating to child support or other
monetary obligation of an individual. (4) CHILD CUSTODY PROCEEDING. A proceeding in a court
in which legal custody, physical custody, or visitation with respect to a child is an issue.
The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from domestic violence, in which
the issue may appear. The term does not include a court...
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34-13-11
Section 34-13-11 Authorizing agent; right of disposition. (a) A person, who is at least
18 years of age and of sound mind, may enter into a contract to act as authorizing agent and
direct the location, manner, and conditions of disposition of remains and arrange for funeral
goods and services to be provided upon death. Except as otherwise provided in subsection (b),
the right to control the disposition of the remains of a deceased person as an authorizing
agent, including the location, manner, and conditions of disposition and arrangements for
funeral goods and services to be provided, shall vest in the following persons in the priority
listed and the order named, provided the person is at least 18 years of age and of sound mind:
(1) The person designated by the decedent as authorized to direct disposition pursuant to
Public Law No. 109-163, Section 564, as listed on the decedent's United States Department
of Defense Record of Emergency Data, DD Form 93, or its successor form, if the...
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12-21-131
Section 12-21-131 Interpreters for persons defective in speech and/or hearing - Qualified
interpreter provided in certain criminal and juvenile proceedings; requirements; fees. (a)
Deaf person means any person either totally deaf, or who has defective hearing, or who has
both defective hearing and speech. (b) For the purpose of this section, the term qualified
interpreter means an interpreter certified by the National Registry of Interpreters for the
Deaf, Alabama Registry of Interpreters for the Deaf, or, in the event an interpreter so certified
is not available, an interpreter whose qualifications are otherwise determined. Efforts to
obtain the services of a qualified interpreter certified with a legal skills certificate or
a comprehensive skills certificate will be made prior to accepting services of an interpreter
with lesser certification. No qualified interpreter shall be appointed unless the appointing
authority and the deaf person make a preliminary determination that the...
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16-44B-1
Section 16-44B-1 Compact. ARTICLE I PURPOSE It is the purpose of this compact to remove
barriers to education success imposed on children of military families because of frequent
moves and deployment of their parents by: A. Facilitating the timely enrollment of children
of military families and ensuring that they are not placed at a disadvantage due to difficulty
in the transfer of education records from the previous school district(s) or variations in
entrance/age requirements. B. Facilitating the student placement process through which children
of military families are not disadvantaged by variations in attendance requirements, scheduling,
sequencing, grading, course content or assessment. C. Facilitating the qualification and eligibility
for enrollment, educational programs, and participation in extracurricular academic, athletic,
and social activities. D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of...
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