12-26-7
Section 12-26-7 Petition requirements; service; postsentence report; effect of filing. (a)
A petition to obtain an order of limited relief shall include a sworn statement made under
penalty of perjury by the petitioner stating all of the following: (1) That the petitioner
is not subject to the limitations in Section 12-26-6 and is eligible to seek an order of limited
relief. (2) Whether the petitioner has previously applied for an order of limited relief in
any jurisdiction and whether an order has been granted previously. (3) A list specifying the
convictions and collateral consequences to which the order should apply. (b) Once a petition
has been filed, the circuit clerk shall serve the petition on the occupational licensing board,
as defined in Section 41-9A-1, or other entity responsible for the collateral consequence
that the petitioner is seeking relief from. Once service is made, the court shall review available
presentence and other reports on the defendant and may order a...
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12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on
the merits of the petition in accordance with subsection (d) within 90 calendar days of the
date the petition was filed. The court, for good cause, may extend the time within which it
must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a
hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by
the trial judge and may include oral argument and review of relevant documentation in support
of, or in objection to, the granting of the petition. Leave of the court shall be obtained
for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition,
the court may consider the following factors, in addition to the information contained in
the postsentence report: (1) The nature and seriousness of the offense....
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15-20A-34
successfully completed a treatment program approved by the Department of Youth Services. (3)
Recommendations from the prosecuting attorney. (4) Any written or oral testimony submitted
by the victim or the parent, custodian, or guardian of the victim. (5) The facts and circumstances
surrounding the offense including, but not limited to, the age and number of victims, whether
the act was premeditated, and whether the offense involved the use of a weapon, violence,
or infliction of serious bodily injury. (6) Any criminal behavior of the juvenile sex
offender before and after the adjudication of delinquency that requires reporting. (7) The
stability of the juvenile sex offender in employment and housing and his or her community
and personal support system. (8) The protection of society. (9) Any other factors deemed
relevant by the court. (h) If the court is satisfied by clear and convincing evidence that
the juvenile sex offender is rehabilitated and does not pose a threat to the safety...
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30-3C-9
Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed under
this chapter, the court may set a preliminary hearing as necessary, and shall cause to be
issued all summonses and notices as required by law and otherwise deemed necessary and appropriate.
Should the court determine from the petition, or on evidence presented at a preliminary hearing,
that no emergency or temporary orders are appropriate, then the court shall set the petition
for a final hearing at such time as the court deems appropriate and as the best interests
of the child require. (b) If, at a hearing on a petition under this chapter, the court after
reviewing the evidence finds a credible risk of abduction of the child, the court shall enter
an abduction prevention order. The order must include the provisions required by subsection
(c), specifying measures that are reasonably calculated to prevent abduction of the child
and giving due consideration to the custody and visitation rights of...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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15-20A-24
Section 15-20A-24 Adult sex offender - Relief from registration and notification. (a) At disposition,
sentencing, upon completion of probation, or upon completion of a term of registration ordered
by the sentencing court, a sex offender may petition the court for relief from the requirements
of this chapter resulting from any of the following offenses, provided that he or she meets
the requirements set forth in subsection (b): (1) Rape in the second degree, as provided by
subdivision (1) of subsection (a) of Section 13A-6-62. (2) Sodomy in the second degree, as
provided by subdivision (1) of subsection (a) of Section 13A-6-64. (3) Sexual abuse in the
second degree, as provided by subdivision (2) of subsection (a) of Section 13A-6-67. (4) Sexual
misconduct, as provided by Section 13A-6-65. (5) Any crime committed in this state or any
other jurisdiction which, if had been committed in this state under the current provisions
of law, would constitute an offense listed in subdivisions (1)...
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15-20A-25
Section 15-20A-25 Adult sex offender - Relief from employment restriction. (a) A sex offender
may petition at sentencing, or if after sentencing, a sex offender may file a petition in
the civil division of the circuit court in the county where the sex offender seeks to accept
or maintain employment for relief from the employment restrictions pursuant to subsection
(b) of Section 15-20A-13. A sex offender adjudicated or convicted of any of the following
sex offenses shall not be entitled to relief under this section: (1) Rape in the first degree,
as provided by Section 13A-6-61. (2) Sodomy in the first degree, as provided by Section 13A-6-63.
(3) Sexual abuse in the first degree, as provided by Section 13A-6-66. (4) Sex abuse of a
child less than 12 years old, as provided by Section 13A-6-69.1. (5) Sexual torture, as provided
by Section 13A-6-65.1. (6) Any sex offense involving a child. (7) Any solicitation, attempt,
or conspiracy to commit any of the offenses listed in subdivisions (1)...
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15-20A-23
Section 15-20A-23 Adult sex offender - Relief from residency restriction. (a) A sex offender
required to register under this chapter may petition the court for relief from the residency
restriction pursuant to subsection (a) of Section 15-20A-11 during the time a sex offender
is terminally ill or permanently immobile, or the sex offender has a debilitating medical
condition requiring substantial care or supervision or requires placement in a residential
health care facility. (b) A petition for relief pursuant to this section shall be filed in
the civil division of the circuit court of the county in which the sex offender seeks relief
from the residency restriction. (c) The sex offender shall serve a copy of the petition by
certified mail on all of the following: (1) The prosecuting attorney in the county of adjudication
or conviction, if the sex offender was adjudicated or convicted in this state. (2) The prosecuting
attorney of the county where the sex offender seeks relief from the...
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12-15-314
care to participate in activities that are age or developmentally appropriate for the child
based on a reasonable and prudent parent standard, provided the activities are consistent
with provisions of any existing court order, individualized service plan, or promulgated policy
of the department that provides guidance to caregivers concerning the reasonable and prudent
parent standard. The guidance shall include factors for the caregiver to consider prior to
allowing a child to participate in age or developmentally appropriate normal childhood activities.
(2) A caregiver shall be immune from liability in a civil action to recover damages for injury,
death, or loss to person or property that results from a caregiver's decisions using a reasonable
and prudent parent standard. This subsection shall not be construed to remove or limit any
existing liability protection provided by law. (Act 2008-277, p. 441, §18; Act 2010-712,
p. 1744, §13; Act 2016-129, p. 290, §1; Act 2018-273, §1.)...
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30-3D-102
Section 30-3D-102 Definitions. In this chapter: (1) "Child" means an individual,
whether over or under the age of majority, who is or is alleged to be owed a duty of support
by the individual's parent or who is or is alleged to be the beneficiary of a support order
directed to the parent. (2) "Child-support order" means a support order for a child,
including a child who has attained the age of majority under the law of the issuing state
or foreign country. (3) "Convention" means the Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November
23, 2007. (4) "Duty of support" means an obligation imposed or imposable by law
to provide support for a child, spouse, or former spouse, including an unsatisfied obligation
to provide support. (5) "Foreign country" means a country, including a political
subdivision thereof, other than the United States, that authorizes the issuance of support
orders and: (A) which has been...
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