|
30-3B-102
Section 30-3B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision.
(2) CHILD. An individual who has not attained 19 years of age. (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 to child support or other
monetary obligation of an individual. (4) CHILD CUSTODY PROCEEDING. A proceeding in a court
in which legal custody, physical custody, or visitation with respect to a child is an issue.
The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from domestic violence, in which
the issue may appear. The term does not include a court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-102.htm - 3K - Match Info - Similar pages
35-4-322
Section 35-4-322 Application to compel conveyance - Contents; notice generally; decree; appeals.
Such application must be by petition, setting out the contract or agreement, the lands to
be conveyed and stating the names of the heirs and personal representatives of the contracting
party, which of them are of full age and which are minors; and the judge of probate must give
notice of such petition by 20 days' written notice to the personal representative and resident
heirs of the contracting party, to be served by any sheriff and, if any one or more are nonresidents,
by publication in some newspaper published in his county and in the county in which the lands
lie; or, if none is published therein, the paper published in the place nearest to the county
site of such county, once a week for three successive weeks; and if, on the hearing of such
application, it appears that such agreement or contract was fairly made and the consideration
or conditions of the same paid or performed, such...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-4-322.htm - 1K - Match Info - Similar pages
38-7-15
Section 38-7-15 Conditions precedent to bringing child into state for purposes of adoption
or placement in child-care facility. (a) No person or agency shall bring or send any child
into the State of Alabama for the purpose of placing him or procuring his adoption or placing
him in any child-care facility, as defined herein, without first obtaining the consent of
the department. The department shall have the power to impose and enforce reasonable conditions
precedent to the granting of such consent. Such conditions shall be for the purpose of providing
the same care and protection for the child coming into the State of Alabama for placement
or adoption as are afforded to a child who is born in the State of Alabama, and such conditions
shall include the following: (1) The department shall be authorized to designate an agency
in another state from which said child is being brought or sent, or in which said child's
parents or guardian may be found, to interview said parent or parents or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-7-15.htm - 3K - Match Info - Similar pages
12-15-406
Section 12-15-406 Determination of placement of the minor or child. (a) At the time that a
minor or child sought to be committed is first brought before the juvenile court, the juvenile
court shall determine the placement of the minor or child pending further hearings. No limitations
shall be placed upon the minor or child unless limitations shall be necessary to prevent the
minor or child from doing substantial harm to self or to others or to prevent the minor or
child from leaving the jurisdiction of the juvenile court. (b) No child shall be placed in
a juvenile detention facility unless the child is charged with a delinquent act. (c) The juvenile
court may order the minor or child to be held in a public or private facility pending receipt
by the department. (d) The juvenile court shall order the minor or child to appear at the
times and places set for hearing the petition and may order and require the minor or child
to appear at designated times and places to be examined by medical...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-406.htm - 1K - Match Info - Similar pages
12-15-410
Section 12-15-410 Evidence in commitment proceedings for minor and child with an intellectual
disability. (a) At the final hearing upon a petition seeking to commit a minor or child to
the department on the basis that the minor or child is a person with an intellectual disability,
the juvenile court may grant the petition if clear and convincing evidence proves all of the
following: (1) The minor or child sought to be committed is a person with an intellectual
disability. (2) The minor or child is not mildly retarded, as defined by the department. (3)
The minor or child, if allowed to remain in the community, is likely to cause serious injury
to himself, herself, or others, or that adequate care, rehabilitation, and training opportunities
are available only at a facility provided by the department. (b) Upon these findings, the
juvenile court shall enter an order setting forth the findings, and may order the minor or
child committed to the custody of the department. (c) The commissioner...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-410.htm - 1K - Match Info - Similar pages
15-13-139
Section 15-13-139 Remission after final judgment of forfeiture. In forfeiture cases where the
sureties have paid the amount of the forfeiture into the court or in cases where the forfeiture
has been made final or absolute and there is no further litigation pending on the forfeiture,
and the surety locates the defendant and causes the return of the defendant to the custody
of the court where the bond was forfeited, and if the defendant was substantially procured
by actions of the surety, and the administration of justice has not been thwarted nor the
successful prosecution of the defendant has been affected, then the court which ordered the
forfeiture, shall have full power and jurisdiction in all proceedings conducted pursuant to
this article and within a period of six months from the date of issuance of any final forfeiture
judgment, to consider any costs to the state or its subdivisions which resulted as a cause
of the default, if any, and upon giving consideration thereto, may, in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-139.htm - 1K - Match Info - Similar pages
22-52-15
Section 22-52-15 Appeals. An appeal from an order of the probate court granting a petition
seeking to commit a respondent to the custody of the department or designated mental health
facility as the court may order lies to the circuit court for trial de novo unless the probate
judge who granted the petition was learned in the law, in which case the appeal lies to the
Alabama Court of Civil Appeals on the record. Notice of appeal shall be given in writing to
the probate judge within five days after the respondent has received actual notice of the
granting of the petition and shall be accompanied by security for costs, to be approved by
the probate judge, unless the probate judge finds that the respondent is indigent, in which
case no security for costs shall be required. Upon the filing of a notice of appeal, the probate
judge shall determine and enter an order setting forth the limitations to be placed upon the
liberty of the respondent pending the appeal. Upon the filing of a notice...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-15.htm - 1K - Match Info - Similar pages
26-10A-28
Section 26-10A-28 Adoption by other relatives. A grandfather, a grandmother, great-grandfather,
great-grandmother, great-uncle, great-aunt, a brother, or a half-brother, a sister, a half-sister,
an aunt or an uncle of the first degree and their respective spouses, if any may adopt a minor
grandchild, a minor brother, a minor half-brother, a minor sister, a minor half-sister, a
minor nephew, a minor niece, a minor great-grandchild, a minor great niece or a minor great
nephew, according to the provisions of this chapter, except that: (1) Before the filing of
the petition for adoption, the adoptee must have resided for a period of one year with the
petitioner, unless this filing provision is waived by the court for good cause shown; (2)
No investigation under Section 26-10A-19 shall occur unless otherwise directed by the court;
and (3) No report of fees and charges under Section 26-10A-23 shall be made unless ordered
by the court. (Acts 1990, No. 90-554, p. 912, ยง28.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-10A-28.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-10A-9.htm - 1K - Match Info - Similar pages
43-2-519
Section 43-2-519 Notice of annual or partial settlement; conclusiveness of order or decree;
reopening account. Whenever any administrator or executor shall file any annual, partial or
final settlement in any court having jurisdiction thereof, the court shall, at the request
of such administrator or executor, require that notice thereof be given in the same manner
as required by law in cases of final settlements, and any order or decree of the court on
such settlement after such notice shall be final and conclusive as to all items of receipts
and disbursements and other transactions and matters shown therein, and as to all fees and
compensation fixed or allowed to any such administrator, executor or attorney, and appeals
therefrom shall and must be taken in the manner provided for from any other final decrees
of such court. Thereafter, at any time prior to final settlement, the account may be reopened
by the court on motion or petition of the administrator, executor, beneficiary or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-519.htm - 1K - Match Info - Similar pages
|