Code of Alabama

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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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26-11-2
Section 26-11-2 Procedure for legitimation by written declaration of father generally; notification
of mother; filing of response; appointment of guardian ad litem; hearing; issuance of order
by court; certification of minutes of court to Office of Vital Statistics. (a) A father of
a bastard child may seek to legitimate it and render it capable of inheriting his estate by
filing a notice of declaration of legitimation in writing attested by two witnesses, setting
forth the name of the child proposed to be legitimated, its sex, supposed age, and the name
of mother and that he thereby recognizes it as his child and capable of inheriting his estate,
real and personal, as if born in wedlock. The declaration, being acknowledged by the maker
before the judge of probate of the county of the father's residence or the child's residence
or its execution proved by the attesting witnesses, shall be filed in the office of the judge
of probate of the father's residence or the child's residence. (b)...
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26-17-508
Section 26-17-508 Genetic testing when specimens not available. (a) Subject to subsection (b),
if a genetic-testing specimen is not available from an individual who may be the mother or
the father of a child, for good cause and under circumstances the court considers to be just,
the court may order the following individuals to submit specimens for genetic testing: (1)
the parents of the individual; (2) brothers and sisters of the individual; (3) other children
of the individual and their other parent; and (4) other relatives of the individual necessary
to complete genetic testing. (b) Issuance of an order under this section requires a finding
that a need for genetic testing outweighs the legitimate interests of the person sought to
be tested. (Act 2008-376, p. 666, §2.)...
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26-2A-112
Section 26-2A-112 Definitions. For the purposes of this division, the following terms have
the following meanings: (1) RELATIVE. A sibling, child, parent, grandparent, or grandchild
of a ward or a person who shares this same relationship through adoption or a spouse of the
ward. (2) VISITATION. Any in-person meeting or any telephonic mail or electronic communication
between a ward and his or her relative. (3) VISITATION ORDER. An order issued by the court
after notice and hearing regarding the visitation with a ward by his or her relative specifying
the approval or disapproval of any visitation and the specifics of that visitation including,
but not limited to, the time, place, and manner of the visitation. (4) WARD. An adult who
is a ward as defined in Section 26-2A-20. (Act 2016-404, §2.)...
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30-3-152
Section 30-3-152 Factors considered; order without both parents' consent; presumption where
both parents request joint custody. (a) The court shall in every case consider joint custody
but may award any form of custody which is determined to be in the best interest of the child.
In determining whether joint custody is in the best interest of the child, the court shall
consider the same factors considered in awarding sole legal and physical custody and all of
the following factors: (1) The agreement or lack of agreement of the parents on joint custody.
(2) The past and present ability of the parents to cooperate with each other and make decisions
jointly. (3) The ability of the parents to encourage the sharing of love, affection, and contact
between the child and the other parent. (4) Any history of or potential for child abuse, spouse
abuse, or kidnapping. (5) The geographic proximity of the parents to each other as this relates
to the practical considerations of joint physical...
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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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26-10A-30
Section 26-10A-30 Grandparent visitation. Post-adoption visitation rights for the natural grandparents
of the adoptee may be granted when the adoptee is adopted by a stepparent, a grandfather,
a grandmother, a brother, a half-brother, a sister, a half-sister, an aunt or an uncle and
their respective spouses, if any. Such visitation rights may be maintained or granted at the
discretion of the court at any time prior to or after the final order of adoption is entered
upon petition by the natural grandparents, if it is in the best interest of the child. (Acts
1990, No. 90-554, p. 912, §29.1.)...
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30-3-5
Section 30-3-5 Venue of all proceedings seeking modification of child custody, visitation rights,
or child support. Notwithstanding any law to the contrary, venue of all proceedings for petitions
or other actions seeking modification, interpretation, or enforcement of a final decree awarding
custody of a child or children to a parent and/or granting visitation rights, and/or awarding
child support, and/or awarding other expenses incident to the support of a minor child or
children, and/or granting post-minority benefits for a child or children is changed so that
venue will lie in: (1) the original circuit court rendering the final decree; or (2) in the
circuit court of the county where both the current custodial parent or, in the case of post-minority
benefits, where the most recent custodial parent, that parent having custody at the time of
the child's attaining majority, and the child or children have resided for a period of at
least three consecutive years immediately preceding the...
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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...
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12-15-125
Section 12-15-125 Taking into custody of children generally. (a) A child or minor may be taken
into custody for any of the following reasons: (1) Pursuant to an order of the juvenile court.
(2) By a law enforcement officer having reasonable grounds to believe that the child or minor
has run away from a juvenile detention, residential, shelter, or other care facility. (3)
By a law enforcement officer having reasonable grounds to believe that the child or minor
is suffering from an illness or injury or is in immediate danger from the surroundings of
the child or minor and that the immediate removal of the child or minor from those surroundings
is necessary for the protection of the health and safety of the child or minor. (b) In addition
to the grounds listed in subsection (a), a child may also be taken into custody for any of
the following reasons: (1) By a law enforcement officer for an alleged delinquent act pursuant
to the laws of arrest; (2) By a law enforcement officer who has...
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