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26-10A-22
Section 26-10A-22 Attorney participation and appointment of attorney for the adoptee or other
party. (a) In making adoption arrangements, potential adopting parents and birth parents may
obtain counsel to provide legal advice and assistance. (b) Upon the motion of any party, or
upon the court's own motion, before or after the filing of petition for adoption the court
may appoint a guardian ad litem for the adoptee, or for any incompetent or minor who is a
party to the proceeding or who would be a party to the proceeding. In the event of a contested
adoption, a guardian ad litem shall be appointed. The fees of a guardian ad litem shall be
assessed as court costs. (Acts 1990, No. 90-554, p. 912, §22.)...
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26-10A-25
Section 26-10A-25 Final decree; dispositional hearing. (a) When the pre-placement investigation
has been completed and approved or the investigation has been waived for good cause shown,
the petition for adoption shall be set for a dispositional hearing as soon as possible or
no later than 90 days after the filing of the petition. When there has not been a pre-placement
investigation or the investigation has not been waived for good cause shown or when the adoptee
is a special needs child, the petition for adoption shall be set for a dispositional hearing
as soon as possible or no later than 120 days after the filing of the petition. Upon good
cause shown, the court may extend the time for the dispositional hearing and entry of the
final decree. (b) At the dispositional hearing, the court shall grant a final decree of adoption
if it finds on clear and convincing evidence that: (1) The adoptee has been in the actual
physical custody of the petitioners for a period of 60 days, unless for...
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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing
on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile
probation officer, may file a motion requesting the juvenile court judge to transfer a child
for criminal prosecution to the circuit or district court, if the child was 14 or more years
of age at the time of the conduct charged and is alleged to have committed an act which would
constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile
court judge shall conduct a hearing on all motions for the purpose of determining whether
it is in the best interests of the child or the public to grant the motion. Only if there
are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
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17-16-46
Section 17-16-46 Procedure for examination of ballots, voting machines, etc.; bond. In all
election contests involving elections other than party primaries or runoffs: (1) The examining
person or candidate seeking to examine the ballots, electronic voting machines, or electronic
voting machine computations or printouts must move, within 10 days of the filing of the contest,
the court before whom the election contest is pending for an examination. The court shall
set a hearing on the motion for examination which must take place within 10 days after service
of the motion on the parties and candidates involved in the election contest. The hearing
shall be held to determine the procedures to be used for the examination and the court shall,
within five days after the hearing, set forth the procedures for the examination. Absent a
subsequent court order extending the time for reasonable cause shown, the examination must
be finished within 15 days of the court order which sets forth the...
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26-10A-7
Section 26-10A-7 Persons whose consents or relinquishment are required. (a) Consent to the
petitioner's adoption or relinquishment for adoption to the Department of Human Resources
or a licensed child placing agency shall be required of the following: (1) The adoptee, if
14 years of age or older, except where the court finds that the adoptee does not have the
mental capacity to give consent; (2) The adoptee's mother; (3) The adoptee's presumed father,
regardless of paternity, if: a. He and the adoptee's mother are or have been married to each
other and the adoptee was born during the marriage, or within 300 days after the marriage
was terminated by death, annulment, declaration of invalidity, or divorce, or after a decree
of separation was entered by a court; or b. Before the adoptee's birth, he and the adoptee's
mother have attempted to marry each other by a marriage solemnized in apparent compliance
with law, although the attempted marriage is or could be declared invalid, and, 1. If...
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13A-5-46
Section 13A-5-46 Sentence hearing - Conducted before jury unless waived; trial jury to sit
unless impossible or impracticable; separation of jury; instructions to jury; advisory verdicts;
vote required; mistrial; waiver of right to advisory verdict. (a) Unless both parties with
the consent of the court waive the right to have the sentence hearing conducted before a jury
as provided in Section 13A-5-44(c), it shall be conducted before a jury which shall return
a verdict as provided by subsection (e) of this section. If both parties with the consent
of the court waive the right to have the hearing conducted before a jury, the trial judge
shall proceed to determine sentence without a verdict from a jury. Otherwise, the hearing
shall be conducted before a jury as provided in the remaining subsections of this section.
(b) If the defendant was tried and convicted by a jury, the sentence hearing shall be conducted
before that same jury unless it is impossible or impracticable to do so. If it...
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12-15-310
Section 12-15-310 Conduct of adjudicatory hearings. (a) An adjudicatory hearing is a hearing
at which evidence is presented for a juvenile court to determine if a child is dependent.
At the commencement of the hearing, if the parties are not represented by counsel, they shall
be informed of the specific allegations in the petition. The parties shall be permitted to
admit or deny the allegations prior to the taking of testimony. (b) If the allegations are
denied by the parties or if they fail to respond, the juvenile court shall proceed to hear
evidence on the petition. The juvenile court shall record its findings on whether the child
is dependent. If the juvenile court finds that the allegations in the petition have not been
proven by clear and convincing evidence, the juvenile court shall dismiss the petition. (c)
A statement made by a child under the age of 12 describing any act of child abuse committed
against the child, if it is not otherwise admissible by statute or court rule, is...
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12-15-311
Section 12-15-311 Dispositional hearing. (a) If the juvenile court finds from clear and convincing
evidence, competent, material, and relevant in nature, that a child is dependent, the juvenile
court may proceed immediately, in the absence of objection showing good cause or at a postponed
hearing, to make proper disposition of the case. (b) In dispositional hearings, all relevant
and material evidence helpful in determining the best interests of the child, including verbal
and written reports, may be received by the juvenile court even though not admissible in the
adjudicatory hearing. The parties or their counsel shall be afforded an opportunity to examine
and controvert written reports so received and to cross-examine individuals making reports.
(c) On its own motion or that of a party, the juvenile court may continue the dispositional
hearing pursuant to this section for a reasonable period to receive reports and other evidence
bearing on the disposition or need for care or...
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11-70-7
Section 11-70-7 Proof of notice; objections. Prior to the circuit court hearing on the expedited
quiet title and foreclosure action, the municipality shall file with the clerk of the circuit
court proof of notice to the interested parties by certified and regular mail and of the posting
on the property under subdivision (2) of Subsection (a) of Section 11-70-5, along with proof
of notice by publication under Section 11-70-6, if applicable. An interested party who desires
to contest the petition shall file written objections with the clerk of the circuit court
and serve those objections on the municipality at least two weeks prior to the date of the
hearing. If the court denies the petition, the denial shall not preclude the municipality
from filing another petition for expedited quiet title and foreclosure on that parcel. No
injunction shall issue to stay an expedited quiet title and foreclosure action under this
chapter. (Act 2010-396, p. 644, §7.)...
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11-70A-7
Section 11-70A-7 Proof of notice; objections. Prior to the circuit court hearing on the expedited
quiet title and foreclosure action, the municipality shall file with the clerk of the circuit
court proof of notice to the interested parties by certified and regular mail and of the posting
on the property under subdivision (2) of subsection (a) of Section 11-70A-5, along with proof
of notice by publication under Section 11-70A-6, if applicable. An interested party who desires
to contest the petition shall file written objections with the clerk of the circuit court
and serve those objections on the municipality at least two weeks prior to the date of the
hearing. If the court denies the petition, the denial shall not preclude the municipality
from filing another petition for expedited quiet title and foreclosure on that parcel. No
injunction shall issue to stay an expedited quiet title and foreclosure action under this
section. (Act 2012-517, p. 1533, §7.)...
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