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38-15-4
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section shall be afforded the following rights and any other rights adopted by the department
through rule, which shall be publicly posted and accessible to youth: a. To be afforded dignity
in his or her personal relationships with staff, youth, and other persons. b. To live
in a safe, healthy, and comfortable environment where he or she is treated with respect. c.
To be free from physical, sexual, emotional, or other abuse or corporal punishment. d. To
be granted a reasonable level of personal privacy in accommodations, personal
care and assistance, and visits. e. To confidential care of his or her records and personal
information, and to approve release of those records prior to the release of...
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15-25-2
Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Videotaped deposition; who may be present; procedure; protective order. (a)
In any criminal prosecution referred to in Section 15-25-1, the court, upon motion of the
district attorney or Attorney General, for good cause shown and after notice to the defendant,
may order the taking of a videotaped deposition of an alleged victim of or witness to the
crime who is under the age of 16 at the time of the order. (b) On any motion for a videotaped
deposition of the victim or a witness, the court shall consider the age and maturity of the
child, the nature of the offense, the nature of testimony that may be expected, and the possible
effect that the 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. (c) During the taping
of a videotaped deposition authorized pursuant to this section, the...
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30-3-4.2
Section 30-3-4.2 Grandparent visitation. (a) For the purposes of this section, the following
words have the following meanings: (1) GRANDPARENT. The parent of a parent, whether the relationship
is created biologically or by adoption. (2) HARM. A finding by the court, by clear and convincing
evidence, that without court-ordered visitation by the grandparent, the child's emotional,
mental, or physical well-being has been, could reasonably be, or would be jeopardized. (b)
A grandparent may file an original action in a circuit court where his or her grandchild resides
or any other court exercising jurisdiction with respect to the grandchild or file a motion
to intervene in any action when any court in this state has before it any issue concerning
custody of the grandchild, including a domestic relations proceeding involving the parent
or parents of the grandchild, for reasonable visitation rights with respect to the grandchild
if any of the following circumstances exist: (1) An action for...
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38-7-2
Section 38-7-2 Definitions. Terms used in this chapter, unless the context otherwise requires,
have the meanings ascribed to them in this section. When not inconsistent with the context,
words used in the present tense include the future, words in the singular number include the
plural number, and words in the plural number include the singular number, and the word "shall"
is always mandatory and not merely directory: (1) CHILD. Any person under 19 years of age,
a person under the continuing jurisdiction of the juvenile court pursuant to Section 12-15-117,
or a person under 21 years of age in foster care as defined by the Department of Human Resources.
(2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD CARE. A child-care facility where more
than 10 children are received and maintained for the purpose of providing them with care or
training or both, or transitional living program services, but does not include: a. Any institution
for child care which is under the ownership or control,...
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41-13-7
decertification. (2) IDENTIFYING INFORMATION. Any information, not including a person's name,
which used either alone or in conjunction with other information specifically identifies a
person or a person's property, and includes, but is not limited to, any of the following information
related to a person: a. Date of birth. b. Social Security number. c. Driver's license number.
d. Financial services account numbers, including checking and savings accounts. e. Credit
or debit card numbers. f. Personal identification numbers (PIN). g. Electronic identification
codes. h. Automated or electronic signatures. i. Biometric data. j. Fingerprints. k. Passwords.
l. Parents' legal surname prior to marriage. m. Name or names of any dependent child or children.
n. Home address or phone number. o. Any other numbers or information that can be used to access
a person's financial resources, obtain identification, act as identification, or obtain goods
or services. (b) Notwithstanding any other law to...
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42-2-3
if he resides without the state or has been absent from the state or beyond the jurisdiction
of the court in which the application is made for six months next before the time of the filing
of the application in said court, notice may be given by advertisement in any newspaper published
in the county or, if there be no newspaper published in the county, by posting notice at the
courthouse and three other public places for at least three weeks before the day appointed
for the hearing. If the owner is an infant or of unsound mind, notice must be served on his
guardian, if any he have, resident in the state, but if he resides in the state and has no
such guardian, then the person who may have him in charge or with whom he may reside. If the
owner is dead and the lands are in the possession or under the control of his personal
representative, notice must be served on such representative and on the heirs at law of the
decedent. (Code 1907, §2416; Code 1923, §3150; Code 1940, T. 59, §6.)...
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12-15-134
Section 12-15-134 Maintenance and inspection of law enforcement records. (a) Law enforcement
agencies shall take special precautions to ensure that law enforcement records and files concerning
a child will be maintained in a manner and pursuant to those safeguards that will protect
against disclosure to any unauthorized person, department, agency, or entity. Unless a charge
of delinquency is transferred for criminal prosecution pursuant to Section 12-15-203 or the
juvenile court otherwise orders in the interests of the child or of national security, the
law enforcement records and files with respect to the child shall not be open to public inspection
nor their contents disclosed to the public. (b) Law enforcement records and files described
in subsection (a) shall be open to inspection and copying by the following: (1) A juvenile
court having a child currently before it in any proceeding. (2) Personnel of the Department
of Human Resources, the Department of Youth Services, public and...
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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall have
the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense. (2) CHILD.
A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed child daycare
center, a licensed childcare facility, or any other childcare service that is exempt from
licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous that a reasonable
person should know or recognize its location or its address has been provided to local law
enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a trial, a plea
of guilty, a plea of nolo contendere, or an Alford plea regardless of whether adjudication
was withheld. Conviction includes, but is not limited to, a conviction in a United States
territory, a conviction in a federal or military tribunal, including a court martial conducted
by the Armed Forces of the United States, a conviction for an offense committed...
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26-10A-24
Section 26-10A-24 Contested hearing. (a) Whenever a motion contesting the adoption is filed,
the court shall set the matter for a contested hearing to determine: (1) Whether the best
interests of the adoptee will be served by the adoption. (2) Whether the adoptee is a person
capable of being adopted by the petitioner in accordance with the requirements of this chapter.
(3) Whether an actual or implied consent or relinquishment to the adoption is valid. (4) Whether
a consent or relinquishment may be withdrawn. (b) The court shall give notice of the contested
hearing by certified mail to all parties who have appeared before the court. The moving party
and each petitioner shall be present at the contested hearing. The guardian ad litem shall
appear and represent the interests of the adoptee. (c) The court may continue the hearing
from time to time to permit notice to all parties, or to permit further discovery, observation,
investigation, or consideration of any fact or circumstances...
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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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