Code of Alabama

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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable
because of exceptional circumstances. (a) In any criminal prosecution, the court may, upon
motion of the district attorney, the defense, or the court, for good cause shown and after
notice to the parties, order the taking of a deposition or a videotaped deposition of a victim
or a witness when the victim or witness is or may be unavailable for trial for medical reasons
or other exceptional circumstances. On any motion for a deposition or a videotaped deposition
of the victim or witness, the court shall consider the age of the victim or witness, the potential
unavailability of the victim or witness for trial, the nature of the offense, the nature of
testimony that may be expected, and the possible effect that testimony in person at trial
may have on the victim or witness, along with any other relevant matters that may be required
by Supreme Court rule. During the taking of a deposition or...
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22-9A-13.1
Section 22-9A-13.1 Certificate of Birth Resulting in Stillbirth. (a) For the purposes of this
section, the following words shall have the following meanings: (1) CERTIFICATE OF BIRTH RESULTING
IN STILLBIRTH. A certificate issued to record and memorialize the birth of a stillborn child.
(2) STILLBIRTH or STILLBORN. An unintended, intrauterine fetal death after a gestational age
of not less than 20 completed weeks. (b) Effective January 1, 2012, the State Registrar shall
issue a Certificate of Birth Resulting in Stillbirth upon the request of a parent named on
a report of fetal death filed on or after January 1, 2007. A Certificate of Birth Resulting
in Stillbirth shall be issued within 60 days from the date of the request. (c) The person
who is required to file a report of fetal death under Section 22-9A-13, shall advise the parent
of a stillborn child: (1) That a parent may, but is not required to, request the preparation
of a Certificate of Birth Resulting in Stillbirth. (2) That a...
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22-9A-9
Section 22-9A-9 Delayed registration of birth. Any person born in the state whose birth has
not been filed may have his or her birth registered by the State Registrar after complying
with the requirements set forth below: (1) Certificates of birth filed after the time specified
in Section 22-9A-7 but within one year from the date of birth shall be registered on the standard
form of live-birth certificate in the manner prescribed in Section 22-9A-7. The certificate
shall not be marked "DELAYED REGISTRATION." In any case where the certificate is
signed by someone other than the attendant or person in charge of the institution where birth
occurred, a notarized statement stating the reason why the certificate cannot be signed by
the attendant shall be attached to the certificate. When the State Registrar has reasonable
cause to question the adequacy of the registration, he or she may require additional evidence
in support of the facts of birth. (2) Certificates of birth filed after one...
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26-1-2
Section 26-1-2 Durable power of attorney; appointment by court of guardian, etc., subsequent
to execution of durable power of attorney; effect of death of principal upon agency relationship;
affidavit by person exercising power of attorney as to lack of knowledge of revocation, etc.;
health care power of attorney. (a) A durable power of attorney is a power of attorney by which
a principal designates another his or her attorney in fact or agent in writing and the writing
contains the words "This power of attorney shall not be affected by disability, incompetency,
or incapacity of the principal" or "This power of attorney shall become effective
upon the disability, incompetency, or incapacity of the principal" or similar words showing
the intent of the principal that the authority conferred shall be exercisable notwithstanding
the principal's subsequent disability, incompetency, or incapacity. (b) All acts done by an
attorney in fact pursuant to a durable power of attorney during any...
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26-14-7.1
Section 26-14-7.1 Due process rights for persons under investigation by department. Any person
who comes under investigation by the Department of Human Resources for the abuse or neglect
of a child or children and who is employed by, serves as a volunteer for, holds a license
or certificate for, or is connected with any facility, agency, or home which cares for and
controls any children and which is licensed, approved, or certified by the state, operated
as a state facility, or any public, private, or religious facility or agency that may be exempt
from licensing procedures shall be granted the following due process rights by the Department
of Human Resources: (1) The department shall notify the alleged perpetrator that an investigation
has commenced against him or her after such investigation has officially begun in accordance
with written policies established by the Department of Human Resources. The notice shall be
in writing and shall state the name of the child or children...
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10A-2-6.27
Section 10A-2-6.27 Restriction on transfer of shares and other securities. REPEALED IN THE
2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT
CODE SUPPLEMENT. (a) The articles of incorporation, bylaws, an agreement among shareholders,
or an agreement between shareholders and the corporation may impose restrictions on the transfer
or registration of transfer of shares of corporation. A restriction does not affect shares
issued before the restriction was adopted unless the holders of the shares are parties to
the restriction agreement or voted in favor of the restriction. (b) A restriction on the transfer
or registration of transfer of shares is valid and enforceable against the holder or a transferee
of the holder including an executor, administrator, trustee, guardian, conservator or other
fiduciary entrusted with like responsibility for the person or estate of the holder, provided
the restriction is authorized by this section and, as provided by...
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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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16-40-9
Section 16-40-9 Instruction for avoiding child sexual abuse. (a)(1) The Legislature recognizes
that Erin Merryn was raped and molested for six and a half years by a neighbor and a family
member. She began a crusade her senior year of high school in 2004 to end the silence and
shame around sexual abuse. Erin's Law has been adopted in a number of states to help address
the problem of child sexual abuse. (2) The intent of Erin's Law is to shatter the silence
and stigma around child sexual abuse, and to educate children and empower them to recognize
and to report abuse. (3) The Legislature finds that without a specific initiative like Erin's
Law, schools generally fail to give young students adequate awareness and a voice in this
issue. (b) The Governor's Task Force on Prevention of Sexual Abuse of Children created under
subsection (c) shall adopt guidelines for a child sexual abuse prevention instructional program.
The guidelines shall: (1) Educate children in grades pre-kindergarten...
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26-14-1
Section 26-14-1 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them by this section: (1) ABUSE. Harm or threatened
harm to a child's health or welfare. Harm or threatened harm to a child's health or welfare
can occur through nonaccidental physical or mental injury, sexual abuse or attempted sexual
abuse, or sexual exploitation or attempted sexual exploitation. Sexual abuse includes the
employment, use, persuasion, inducement, enticement, or coercion of any child to engage in,
or having a child assist any other person to engage in, any sexually explicit conduct or any
simulation of the conduct for the purpose of producing any visual depiction of the conduct;
or the rape, molestation, prostitution, or other form of sexual exploitation of children,
or incest with children as those acts are defined by Alabama law. Sexual exploitation includes
allowing, permitting, or encouraging a child to engage in prostitution and...
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30-3-161
Section 30-3-161 Definitions. As used in this article, the following words and phrases shall
have the following meanings, unless the context requires a different definition: (1) CHANGE
OF PRINCIPAL RESIDENCE. A change of the residence of a child whose custody has been determined
by a prior court order, whether or not accompanied by a change of the residence of a person
entitled to custody of the child, with the intent that such change shall be permanent in nature
and not amounting to a temporary absence of the child from his or her principal residence.
(2) CHILD. A minor child as defined by subdivision (2) of Section 30-3B-102. As used in this
article, the term may include the singular and the plural. (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...
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