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13A-6-45
Section 13A-6-45 Interference with custody. (a) A person commits the crime of interference
with custody if he knowingly takes or entices: (1) Any child under the age of 18 from the
lawful custody of its parent, guardian or other lawful custodian, or (2) Any committed person
from the lawful custody of its parent, guardian or other lawful custodian. "Committed
person" means, in addition to anyone committed under judicial warrant, any neglected,
dependent or delinquent child, mentally defective or insane person or any other incompetent
person entrusted to another's custody by authority of law. (b) A person does not commit a
crime under this section if the actor's sole purpose is to assume lawful control of the child.
The burden of injecting the issue is on the defendant, but this does not shift the burden
of proof. (c) Interference with custody is a Class C felony. (Acts 1977, No. 607, p. 812,
ยง2215; Acts 1983, No. 83-571, p. 877.)...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-102.htm - 12K - Match Info - Similar pages
12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
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12-15-405
Section 12-15-405 Notice of hearing; appointment of counsel for the minor or child. (a) When
any minor or child against whom a petition has been filed seeking to commit the minor or child
to the custody of the department is initially brought before the juvenile court, the juvenile
court shall provide a copy of the petition and if requested, read the petition to the minor
or child and to his or her parent, legal guardian, or legal custodian and counsel, and inform
those persons verbally and in writing of the date, time, and place of the next hearing to
be held in regard to the minor or child, the purpose of the hearing, the rights of the minor
or child at the hearing, and the possible consequences of the hearing. (b) The juvenile court
shall appoint a child's attorney for the minor or child. The juvenile court may appoint a
guardian ad litem in addition to the child's attorney. No statement made or act done by the
minor or child in the presence of the juvenile court prior to the minor...
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13A-5-49
Section 13A-5-49 Aggravating circumstances. Aggravating circumstances shall be any of the following:
(1) The capital offense was committed by a person under sentence of imprisonment. (2) The
defendant was previously convicted of another capital offense or a felony involving the use
or threat of violence to the person. (3) The defendant knowingly created a great risk of death
to many persons. (4) The capital offense was committed while the defendant was engaged or
was an accomplice in the commission of, or an attempt to commit, or flight after committing,
or attempting to commit, rape, robbery, burglary, or kidnapping. (5) The capital offense was
committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape
from custody. (6) The capital offense was committed for pecuniary gain. (7) The capital offense
was committed to disrupt or hinder the lawful exercise of any governmental function or the
enforcement of laws. (8) The capital offense was especially heinous,...
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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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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have the
following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE FACILITY.
A person or entity holding a Department of Human Resources license or approval or certification
to provide care, including foster care, for adults. (3) APPLICANT. A person or entity who
submits an application for license as a child care or adult care facility to the Department
of Human Resources or a child placing agency, or an application for employment or for a volunteer
position to a Department of Human Resources licensed child care or adult care facility. With
regard to child care and adult care facilities in a home setting, the term includes an adult
household member whose residence is in the home. The term also includes an individual who
submits an application for a volunteer position or for employment with the Department of Human
Resources in a position in which the person has unsupervised...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be dependent,
the juvenile court may make any of the following orders of disposition to protect the welfare
of the child: (1) Permit the child to remain with the parent, legal guardian, or other legal
custodian of the child, subject to conditions and limitations as the juvenile court may prescribe.
(2) Place the child under protective supervision under the Department of Human Resources.
(3) Transfer legal custody to any of the following: a. The Department of Human Resources.
b. A local public or private agency, organization, or facility willing and able to assume
the education, care, and maintenance of the child and which is licensed by the Department
of Human Resources or otherwise authorized by law to receive and provide care for the child.
c. A relative or other individual who, after study by the Department of Human Resources, is
found by the juvenile court to be qualified to receive and care for the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-314.htm - 17K - Match Info - Similar pages
38-12-32
Section 38-12-32 Definitions. As used in this article, the following terms shall have the following
meanings: (1) CAREGIVER. An individual 21 years of age or older, other than a child's parent,
legal guardian, or legal custodian who is an approved foster parent, who is a relative of
the child, and who has been providing care and support for the child while the child has been
residing in the caregiver's home for at least the last six consecutive months while in the
legal custody of the Department of Human Resources, a designated official for a child-placing
agency, or a successor guardian. (2) CHILD. An individual under 18 years of age who is in
foster care with the caregiver and over whom a court has exercised continuing jurisdiction.
(3) COURT. The juvenile court. (4) DEPARTMENT. The Department of Human Resources. (5) KINSHIP
GUARDIAN. A caregiver who is willing to assume care of a child because of parental incapacity
of a parent, legal guardian, legal custodian, or other dependency...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-12-32.htm - 2K - Match Info - Similar pages
12-15-202
Section 12-15-202 Rights of the child. (a) Rights of the child when taken into custody. When
a child is taken into custody, the person taking the child into custody shall inform the child
of all of the following, in language understandable to the child: (1) The reason that the
child is being taken into custody. (2) That the child has the right to communicate with his
or her parent, legal guardian, or legal custodian whether or not that person is present. If
necessary, reasonable means will be provided for the child to do so. (3) The child has the
right to communicate with an attorney. If the child does not have an attorney, one will be
appointed for him or her. If the child has an attorney who is not present, reasonable means
shall be provided for the child to communicate with the attorney. (b) Rights of the child
before being questioned while in custody. Before the child is questioned about anything concerning
the charge on which the child was taken into custody, the person asking the...
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