Code of Alabama

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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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26-10A-15
Section 26-10A-15 Surrender of custody of minor under age of majority. (a) No health facility
shall surrender the physical custody of an adoptee to any person other than the Department
of Human Resources, a licensed child placing agency, parent, relative by blood or marriage,
or person having legal custody, unless such surrender is authorized in a writing executed
after the birth of the adoptee by one of the adoptee's parents or agency or the person having
legal custody of the adoptee. (b) A health facility shall report to the Department of Human
Resources on forms supplied by the department, the name and address of any person and, in
the case of a person acting as an agent for an organization, the name and address of the organization
to whose physical custody an adoptee is surrendered. Such report shall be transmitted to the
department within 48 hours from the surrendering of custody. (c) No adoptee shall be placed
with the petitioners prior to the completion of a pre-placement...
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26-2A-104
Section 26-2A-104 Who may be guardian; priorities. (a) Any qualified person may be appointed
guardian of an incapacitated person. (b) Unless lack of qualification or other good cause
dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated
person's most recent nomination in a durable power of attorney. (c) Except as provided in
subsection (b), the following are entitled to consideration for appointment in the order listed:
(1) The spouse of the incapacitated person or a person nominated by will of a deceased spouse
or by other writing signed by the spouse and attested by at least two witnesses or acknowledged;
(2) An adult child of the incapacitated person; (3) A parent of the incapacitated person,
or a person nominated by will of a deceased parent or by other writing signed by a parent
and attested by at least two witnesses or acknowledged; (4) Any relative of the incapacitated
person with whom the person has resided for more than six months prior...
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26-2A-153
Section 26-2A-153 Distributive duties and powers of conservator. (a) A conservator may expend
or distribute income or principal of the estate without court authorization or confirmation
for the health, support, education, or maintenance of the protected person and dependents
in accordance with the following principles: (1) The conservator shall consider recommendations
relating to the appropriate standard of support, education, and benefit for the protected
person or dependents made by a parent or guardian, if any. The conservator may not be surcharged
for sums paid to persons or organizations furnishing support, education, or maintenance to
the protected person or a dependent pursuant to the recommendations of a parent or guardian
of the protected person unless the conservator knows that the parent or guardian derives personal
financial benefit therefrom, including relief from any personal duty of support, or the recommendations
are clearly not in the best interest of the protected...
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31-13-20
Section 31-13-20 Stay of chapter when unauthorized alien is a victim or critical witness, etc.,
under certain conditions. If a person is an alien who is unlawfully present in the United
States and is a victim of a criminal act, is the child of a victim of a criminal act, is a
biological parent or legal guardian of a victim of a criminal act who is a minor, is a critical
witness in any prosecution, is the biological parent or legal guardian of a critical witness
in any prosecution who is a minor, or is the child of a critical witness in any prosecution
of a state or federal crime, all provisions of this chapter shall be stayed until all of the
related legal proceedings are concluded. However, the relevant state, county, or local law
enforcement agency shall comply with any request by federal immigration officers to take custody
of the person. (Act 2011-535, p. 888, §21; Act 2012-491, p. 1410, §1.)...
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38-12-4
Section 38-12-4 Individualized service plan. (a) The department shall determine whether the
person is able to care effectively for the foster child by the following methods: (1) Reviewing
personal and professional references. (2) Observing during a home visit of the kinship foster
parent with household members. (3) Interviewing the kinship foster parent. (b) The department
and the kinship foster parent shall develop an individualized service plan for the foster
care of the child. The plan shall be periodically reviewed and updated. If the plan includes
the use of an approved daycare center or family daycare home, the department shall pay for
child care arrangements, according to established rates. (c) The kinship foster parent shall
cooperate with any activities specified in the individualized service plan for the foster
child, such as counseling, therapy, court sessions, or visits with the foster child's parents
or other family members. (d) Whether appointed kinship guardian by the...
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43-8-1
Section 43-8-1 General definitions. Subject to additional definitions contained in the subsequent
articles which are applicable to specific articles or divisions, and unless the context otherwise
requires, in this chapter, the following words shall have the following meanings: (1) BENEFICIARY.
As it relates to trust beneficiaries, includes a person who has any present or future interest,
vested or contingent, and also includes the owner of an interest by assignment or other transfer
and as it relates to a charitable trust, includes any person entitled to enforce the trust.
(2) CHILD. Includes any individual entitled to take as a child under this chapter by intestate
succession from the parent whose relationship is involved and excludes any person who is only
a stepchild, a foster child, a grandchild or any more remote descendant. (3) COURT. The court
having jurisdiction in matters relating to the affairs of decedents. This court in Alabama
is known as the probate court. (4) DAYS. That...
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44-1-31
Section 44-1-31 Guardianship of youth in custody of department. If, at any time while legal
custody of a youth is vested in the department of youth services, the department learns that
he or she, for any reason does not have a natural or adoptive parent in a position to exercise
effective guardianship or a legally appointed guardian of his or her person, the department
may thereupon file a petition in the appropriate court for the appointment of a guardian of
the person or property of such youth. No officer or employee of the department shall accept
appointment as the guardian of a youth whose legal custody is vested in the department. (Acts
1973, No. 816, p. 1261, §22.)...
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12-15-201
Section 12-15-201 Definitions. For purposes of this article, the following terms and phrases
shall have the following meanings: (1) AVERAGE COST OF DETENTION. The average cost of detention
of children as determined from experience in Alabama and as computed by the Department of
Youth Services. (2) CONSENT DECREE. An order, entered after the filing of a delinquency or
child in need of supervision petition and before the entry of an adjudication order, suspending
the proceedings and placing the child under supervision pursuant to terms and conditions agreed
to between the child and his or her parent, legal guardian, or legal custodian and approved
by the juvenile court. (3) NONOFFENDER. A child who is subject to the jurisdiction of the
juvenile court for reasons other than the legally prohibited conduct of the child. (4) STATUS
OFFENDER. A status offender is an individual who has been charged with or adjudicated for
conduct that would not, pursuant to the law of the jurisdiction in which...
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16-39-4
Section 16-39-4 Implementation of program. Within 120 days after July 22, 1971, each school
board in the State of Alabama shall take a careful and thorough survey of persons who (if
thereafter certified by a specialist) would probably qualify as exceptional children residing
in its school district, which survey shall show the name, age, sex and type of exceptionality
of each exceptional child found by it. All such data descriptive of an individual person (as
contrasted with compilations made therefrom which do not reveal information about specific
individuals) shall be maintained in strict confidence and shall not be made available to anyone
except to the survey-takers (in connection with those individuals who are reported by them),
the appropriate superintendent and his staff, the appropriate school principal, the individual
child's parent or guardian and such other persons as may be designated in regulations adopted
by the State Board of Education and under such conditions as may be...
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