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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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10A-2-12.01
Section 10A-2-12.01 Sale of assets in regular course of business and mortgage of assets.
REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT
IN THE CURRENT CODE SUPPLEMENT. (a) Subject to the limitations of the Constitution of Alabama
of 1901, as the same may be amended from time to time, a corporation may, on the terms and
conditions and for the consideration determined by the board of directors: (1) Sell, lease,
exchange, or otherwise dispose of all, or substantially all, of its property in the usual
and regular course of business; (2) Mortgage, pledge, dedicate to the repayment of indebtedness,
whether with or without recourse, or otherwise encumber any or all of its property whether
or not in the usual and regular course of business; or (3) Transfer any or all of its property
to a corporation all the shares of which are owned by the corporation. (b) Unless the articles
of incorporation require it, approval by the shareholders of a transaction...
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12-15-114
Section 12-15-114 Original jurisdiction - Juvenile. (a) A juvenile court shall exercise
exclusive original jurisdiction of juvenile court proceedings in which a child is alleged
to have committed a delinquent act, to be dependent, or to be in need of supervision. A dependency
action shall not include a custody dispute between parents. Juvenile cases before the juvenile
court shall be initiated through the juvenile court intake office pursuant to this chapter.
(b) A juvenile court shall not have jurisdiction over any delinquent act committed by an individual
before his or her 18th birthday for which a petition has not been filed before the individual
reaches 21 years of age, except when the delinquent act is an offense having no statute of
limitation as provided in Section 15-3-5. (c) A juvenile court shall also exercise
exclusive original jurisdiction over each of the following: (1) Proceedings pursuant to the
Interstate Compact on Juveniles and the Interstate Compact on Placement of...
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12-15-116
Section 12-15-116 Original jurisdiction - Criminal. (a) A juvenile court shall have
exclusive original jurisdiction to try any individual committing any of the following offenses
while 18 years of age or older: (1) Contributing to the delinquency, in need of supervision,
or dependency of a child in violation of Section 12-15-111. (2) Opposing or interfering
with a juvenile probation officer or a representative of the Department of Human Resources
in violation of Section 12-15-112. (3) Violating any of the confidentiality provisions
of Sections 12-15-133, 12-15-134, 12-15-135, or 12-15-217. (4) Nonsupport in violation of
Section 13A-13-4. (5) Violating any of the juvenile sex offender provisions of Section
15-20A-27(b)(1). (6) Violating any of the provisions of the compulsory school attendance laws
in Section 16-28-12. (b) All criminal cases before the juvenile court shall be governed
by the laws relating thereto and shall be initiated by complaint made before a judge or magistrate...
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12-15-129
Section 12-15-129 Conduct of hearings generally. All hearings pursuant to this chapter
shall be conducted by the juvenile court without a jury and separate from other proceedings.
The general public shall be excluded from delinquency, in need of supervision, or dependency
hearings and only the parties, their counsel, witnesses, and other persons requested by a
party shall be admitted. Other persons as the juvenile court finds to have a proper interest
in the case or in the work of the juvenile court may be admitted by the juvenile court on
condition that the persons refrain from divulging any information which would identify the
child under the jurisdiction of the juvenile court or family involved. If the juvenile court
finds that it is in the best interests of the child under the jurisdiction of the juvenile
court, the child may be temporarily excluded from the hearings, except while allegations of
delinquency or in need of supervision are being heard. (Acts 1975, No. 1205, p. 2384,...
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12-15-141
Section 12-15-141 Emergency ex parte orders authorized upon showing of verified evidence
of abuse or neglect; evidence required; hearing required within 72 hours of issuance of order.
The juvenile court may enter an ex parte order of protection or restraint on an emergency
basis, without prior notice and a hearing, upon a showing of verified written or verbal evidence
of abuse or neglect injurious to the health or safety of a child subject to a juvenile court
proceeding and the likelihood that the abuse or neglect will continue unless the order is
issued. If an emergency order is issued, a hearing, after notice, shall be held within 72
hours of the written evidence or the next judicial business day thereafter, to either dissolve,
continue, or modify the order. (Acts 1991, No. 91-661, p. 1265, §4; §12-15-153; amended
and renumbered by Act 2008-277, p. 441, §9.)...
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12-15-206
Section 12-15-206 Transfer of delinquent and child in need of supervision proceedings
between juvenile courts within the state. If a child resides in a county of the state and
the delinquency or child in need of supervision proceeding is commenced in a juvenile court
of another county, the juvenile court in the county in which the proceeding was commenced,
on its own motion or a motion of a party and after consultation with the receiving juvenile
court, may transfer the proceeding to the county of the residence of the child for such further
action or proceedings as the juvenile court receiving the transfer may deem proper. A transfer
may also be made if the residence of the child changes pending the proceeding. The proceeding
shall be so transferred if the child has been adjudicated delinquent or in need of supervision
and other proceedings involving the child are pending in the juvenile court of the county
of his or her residence. Certified copies of all legal and social records...
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12-15-220
Section 12-15-220 Orders of disposition not to be deemed convictions, impose civil disabilities,
etc.; disposition of child and evidence in hearing not admissible in another court. (a) An
order of disposition or other adjudication in a proceeding pursuant to subsection (a) of Section
12-15-114 shall not be considered to be a conviction or impose any civil disabilities ordinarily
resulting from a conviction of a crime or operate to disqualify the child in any civil service
application or appointment. (b) The disposition of a child and evidence given in a hearing
in the juvenile court shall not be admissible as evidence against him or her in any case or
proceeding in any other court, whether before or after reaching majority, except in a dispositional
hearing in a juvenile court or in sentencing proceedings after conviction of a crime for the
purposes of a presentence study and report or for consideration of an application for youthful
offender status. (Acts 1975, No. 1205, p. 2384,...
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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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17-11-13
Section 17-11-13 Disqualification of circuit clerk from serving as absentee election
manager. When the circuit clerk is a candidate for any office and has opposition, he or she
shall be disqualified from performing any of the duties imposed by this chapter with reference
to the handling of absentee ballots. At least 55 days prior to the election, the circuit clerk
shall certify to the appointing board of the county his or her candidacy with opposition and
that he or she is disqualified to serve or otherwise prevented from serving. The appointing
board shall thereupon appoint a person to serve as absentee election manager in the manner
provided for in Section 17-11-2. (Acts 1975, No. 1147, p. 2251, §§11, 16; Acts 1978,
No. 616, p. 873, §7; Acts 1986, No. 86-428, p. 791, §4; Acts 1988, No. 88-88, p. 114, §1;
§17-10-13; amended and renumbered by Act 2006-570, p. 1331, §52.)...
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