Code of Alabama

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38-12-34
Section 38-12-34 Subsidies - Authorized; eligibility. (a) Subject to rules adopted to
implement this article, the department may provide subsidies for an eligible child placed
in kinship guardianship by a court, or by a federally recognized Native American Indian tribe,
if the child would not be placed in a kinship guardianship without the assistance of the program.
(b) A child is an eligible child for a kinship guardianship subsidy if the department determines
the following: (1) The child has been removed from the custody of his or her parent or parents,
legal guardian, or legal custodian as a result of a judicial determination to the effect that
continuation in the custody of the parent or parents, legal guardian, or legal custodian would
be contrary to the welfare of the child. (2) The department is responsible for the placement
and care of the child. (3) Being returned home or being adopted are not appropriate permanent
options for the child. (4) Permanent placement with a kinship...
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12-15-207
Section 12-15-207 Filing of petition and conduct of hearing as to necessity for continuation
of detention or shelter care of a child; violation of probation and aftercare. (a) When a
child is not released from detention or shelter care as provided in Section 12-15-127,
a petition shall be filed and a hearing held within 72 hours of placement in detention or
shelter care, Saturdays, Sundays, and holidays included, to determine probable cause and to
determine whether or not continued detention or shelter care is required. (b) Notice of the
detention or shelter care hearing, either verbal or written, stating the date, time, place,
and purpose of the hearing and the right to counsel shall be given by a juvenile probation
officer to the parent, legal guardian, or legal custodian if they can be found and to the
child if the child is over 12 years of age . (c) At the commencement of the detention or shelter
care hearing, the juvenile court shall advise the parent, legal guardian, legal...
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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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12-15-128
Section 12-15-128 Authority and criteria for continuation of detention or shelter care
of children taken into custody beyond 72 hours. (a) An allegedly delinquent child, dependent
child, or child in need of supervision lawfully taken into custody shall immediately be released,
upon the ascertainment of the necessary facts, to the care, custody, and control of the parent,
legal guardian, or legal custodian of the child or other suitable person able to provide supervision
and care for the child, unless the juvenile court or juvenile court intake officer, subject
to the limitations in Section 12-15-208, finds any of the following: (1) The child
has no parent, legal guardian, legal custodian, or other suitable person able to provide supervision
and care for the child. (2) The release of the child would present a clear and substantial
threat of a serious nature to the person or property of others and where the child is alleged
to be delinquent. (3) The release of the child would present a...
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12-15-402
Section 12-15-402 Authority and procedure. (a) The state, any county, any municipality,
or any governmental department or agency, including, but not limited to, the Department of
Human Resources or the Department of Youth Services, or any person, including a parent, legal
guardian, or legal custodian, may file a petition in the juvenile court to have any minor
or child, as defined in this chapter, committed to the custody of the department on the basis
that the minor or child is an individual with a mental illness or intellectual disability
and, as a consequence of that mental illness or intellectual disability, poses a real and
present threat of substantial harm to self or to others. (b) The petition shall be verified
and filed in the county in which the minor or child is located or resides, petitioning the
juvenile court to commit the minor or child to the custody of the department. (Acts 1975,
No. 1205, p. 2384, §5-137; Acts 1985, 2nd Ex. Sess., No. 85-928; §12-15-90; amended and...

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44-1-2
Section 44-1-2 Definitions. The following terms, wherever used in this chapter, shall
have the following meanings: (1) AFTERCARE. A youth is released by the department from a state
training school operated by the department, wherein the department releases legal custody,
supervision, and the right to return until further order of the juvenile court. The term means
a legal status created by order of the committing court at the time of release from a state
training school whereby a youth is permitted to return to the community subject to supervision
by the court or any agency designated by the court and subject to return to the court at any
time during the aftercare period. (2) BOARD. The Alabama Youth Services Board. (3) BOARD MEMBER.
Any member of the Alabama Youth Services Board. (4) COMMITTED YOUTH. Any youth committed to
the legal custody of the department upon a finding of delinquency and a finding by a juvenile
judge that the youth is in need of care or treatment, or both, in a...
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12-15-125
Section 12-15-125 Taking into custody of children generally. (a) A child or minor may
be taken into custody for any of the following reasons: (1) Pursuant to an order of the juvenile
court. (2) By a law enforcement officer having reasonable grounds to believe that the child
or minor has run away from a juvenile detention, residential, shelter, or other care facility.
(3) By a law enforcement officer having reasonable grounds to believe that the child or minor
is suffering from an illness or injury or is in immediate danger from the surroundings of
the child or minor and that the immediate removal of the child or minor from those surroundings
is necessary for the protection of the health and safety of the child or minor. (b) In addition
to the grounds listed in subsection (a), a child may also be taken into custody for any of
the following reasons: (1) By a law enforcement officer for an alleged delinquent act pursuant
to the laws of arrest; (2) By a law enforcement officer who has...
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27-21B-10
Section 27-21B-10 Enforcement of health care coverage for certain employers. (a) In
any case in which a noncustodial parent is required by a court or administrative order to
provide health care coverage for such child and the employer of the noncustodial parent is
known to the Department of Human Resources, the department shall use the federally required
medical support notice to provide notice to the employer of the requirement for employer-based
health care coverage for the child through the parent of the child who has been ordered to
provide health care coverage for the child unless a court or administrative order stipulates
that alternative health care coverage to employer-based coverage is to be provided for a child
subject to a Title IV-D child support order. In the case of an employer entered in the directory
of new hires pursuant to Section 25-11-5, the department shall send the federal medical
support notice to any employer of a noncustodial parent subject to the order within...
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38-12-37
Section 38-12-37 Application. (a) Applications for the program may be submitted by a
prospective kinship guardian. A written agreement between the prospective kinship guardian
entering into the program and the department shall precede the award of a kinship guardianship.
The kinship guardianship subsidy agreement and kinship guardianship subsidy shall become effective
only upon entry of an order of a court awarding kinship guardianship. The agreement shall
specify, at a minimum, the following: (1) The amount of, and manner in which, each kinship
guardianship assistance payment will be provided under the agreement, and the manner in which
the payment may be adjusted periodically, in consultation with the relative guardian, based
on the circumstances of the relative guardian and the needs of the child. (2) The additional
services and assistance that the child and relative guardian or successor guardian will be
eligible for under the agreement. (3) The procedure by which the relative...
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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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