Code of Alabama

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26-10A-9
Section 26-10A-9 Implied consent or relinquishment. (a) A consent or relinquishment required
by Section 26-10A-7 may be implied by any of the following acts of a parent: (1) Abandonment
of the adoptee. Abandonment includes, but is not limited to, the failure of the father, with
reasonable knowledge of the pregnancy, to offer financial and/or emotional support for a period
of six months prior to the birth. (2) Leaving the adoptee without provision for his or her
identification for a period of 30 days. (3) Knowingly leaving the adoptee with others without
provision for support and without communication, or not otherwise maintaining a significant
parental relationship with the adoptee for a period of six months. (4) Receiving notification
of the pendency of the adoption proceedings under Section 26-10A-17 and failing to answer
or otherwise respond to the petition within 30 days. (5) Failing to comply with Section 26-10C-1.
(b) Implied consent under subsection (a) may not be withdrawn by...
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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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12-15-320
Section 12-15-320 Dispositions. (a) Termination of parental rights cases shall be given priority
over other cases. The trial on the petition for termination of parental rights shall be completed
within 90 days after service of process has been perfected. The trial court judge shall enter
a final order within 30 days of the completion of the trial. (b) If the juvenile court determines
that the parents of a child are unwilling or unable to act as parents and terminates their
parental rights, it may do the following: (1) Transfer or continue the permanent legal custody
of the child to the Department of Human Resources or to any public or private licensed child-placing
agency able and willing to assume the care and maintenance of the child. An order of the juvenile
court which terminates parental rights and awards permanent legal custody to the Department
of Human Resources or to a licensed child-placing agency shall mean that the Department of
Human Resources or the licensed child-placing...
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30-3B-305
Section 30-3B-305 Registration of child custody determination. (a) A child custody determination
issued by a court of another state may be registered in this state, with or without a simultaneous
request for enforcement, by sending to the appropriate court in this state: (1) A letter or
other document requesting registration; (2) Two copies, including one certified copy, of the
determination sought to be registered, and a statement under penalty of perjury that to the
best of the knowledge and belief of the person seeking registration the order has not been
modified; and (3) Except as otherwise provided in Section 30-3B-209, the name and address
of the person seeking registration and any parent or person acting as a parent who has been
awarded custody or visitation in the child custody determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the registering court shall: (1)
Cause the determination to be filed as a foreign judgment, together...
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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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12-15-207
Section 12-15-207 Filing of petition and conduct of hearing as to necessity for continuation
of detention or shelter care of a child; violation of probation and aftercare. (a) When a
child is not released from detention or shelter care as provided in Section 12-15-127, a petition
shall be filed and a hearing held within 72 hours of placement in detention or shelter care,
Saturdays, Sundays, and holidays included, to determine probable cause and to determine whether
or not continued detention or shelter care is required. (b) Notice of the detention or shelter
care hearing, either verbal or written, stating the date, time, place, and purpose of the
hearing and the right to counsel shall be given by a juvenile probation officer to the parent,
legal guardian, or legal custodian if they can be found and to the child if the child is over
12 years of age . (c) At the commencement of the detention or shelter care hearing, the juvenile
court shall advise the parent, legal guardian, legal...
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26-10A-23
Section 26-10A-23 Fees and charges. (a) No person, organization, group, agency, or any legal
entity may accept any fee whatsoever for bringing the adopting parent or parents together
with the adoptee or the natural parents. A violation of this section shall be punished under
Section 26-10A-33. (b) Prior to payment, the petitioners must file with the court a full accounting
of all charges for expenses, fees, or services they or persons acting on their behalf will
be paying relating to the adoption. Payment may be made only with court approval except that
fees may be placed in an escrow account prior to court approval. The court may not refuse
to approve a fee for documented services on the sole basis that a child has not been placed.
The court shall approve all reasonable fees and expenses unless determined by the court to
be unreasonable based upon specific written findings of fact. (c) The petitioner must file
a sworn statement that is a full accounting of all disbursements paid in...
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26-2A-7
Section 26-2A-7 Delegation of powers by parent or guardian; parental authority. (a) A parent
who has custody, or a guardian, of a minor or incapacitated person, by a properly executed
power of attorney, may delegate to another person, for a period not exceeding one year, any
power regarding health, support, education, or maintenance of the person or property of the
minor child or ward, except the power to consent to marriage or adoption of a minor ward.
Temporary "delegation" of parental powers does not relieve the parent or guardian
of the primary responsibility for the minor or incapacitated person. (b) The provisions of
subsection (a) of this section shall not be used or construed to allow a parent or guardian
to thwart or circumvent provisions of Chapter 15 of Title 12 and Article 2 of Chapter 2 of
Title 44. (Acts 1987, No. 87-590, p. 975, §1-107; Acts 1988, 1st Ex. Sess., No. 88-898, p.
455, §1.)...
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13A-6-40
Section 13A-6-40 Definitions. The following definitions apply in this article: (1) RESTRAIN.
To intentionally or knowingly restrict a person's movements unlawfully and without consent,
so as to interfere substantially with his liberty by moving him from one place to another,
or by confining him either in the place where the restriction commences or in a place to which
he has been moved. Restraint is "without consent" if it is accomplished by: a. Physical
force, intimidation or deception, or b. Any means, including acquiescence of the victim, if
he is a child less than 16 years old or an incompetent person and the parent, guardian or
other person or institution having lawful control or custody of him has not acquiesced in
the movement or confinement. (2) ABDUCT. To restrain a person with intent to prevent his liberation
by either: a. Secreting or holding him in a place where he is not likely to be found, or b.
Using or threatening to use deadly physical force. (3) RELATIVE. A parent or...
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30-3-10
Section 30-3-10 Equal opportunity for blind individuals; supportive parenting services. (a)
For the purposes of this section, the following terms have the following meanings: (1) BLINDNESS.
A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
An eye that has a limitation in the field of vision so that the widest diameter of the visual
field subtends an angle no greater than 20 degrees is considered to have a central visual
acuity of 20/200 or less. The term also includes a degenerative condition that reasonably
can be expected to result in blindness. (2) SUPPORTIVE PARENTING SERVICES. Services that may
assist a blind parent or prospective blind parent in the effective use of non-visual techniques
and other alternative methods to enable the parent or prospective parent to discharge parental
responsibilities as successfully as a parent who is not blind. (b) The Legislature finds the
following: (1) Blind individuals should be given equal...
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