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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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12-15-127
or shelter care is required pursuant to Section 12-15-128. The juvenile court intake officer
may allow release with or without electronic or telephone monitoring pending the 72-hour hearing
requirement. (c) A person taking a child or minor into custody pursuant to subdivision (3)
of subsection (a) of Section 12-15-125 shall bring the child or minor to a medical or mental
health facility if the child or minor is believed to be suffering from a serious mental health
condition, illness, or injury which requires either prompt treatment or prompt diagnosis
for the welfare of the child or minor or for evidentiary purposes, and, in the most expeditious
manner possible, give notice of the action taken together with a statement of taking the child
or minor into custody in writing to the court, the parents, legal guardian or other legal
custodian and to the intake office and to the Department of Human Resources in the case of
a dependency allegation. (Acts 1975, No. 1205, p. 2384, ยง5-120;...
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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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26-10-22
Section 26-10-22 Definitions. As used in this article, the following words shall have the following
meanings unless the context indicates otherwise: (1) ADOPTION SUBSIDY. A money payment, services,
deferred payment, or any combination thereof that is provided to a child with special needs
or circumstances after submission of an application to the department. (2) AGENCY. The department
or a child welfare agency which is authorized in its license issued by the department to place
children for adoption. (3) APPLICATION. The submission to the department of a complete application
as defined by the department with documentation of the child's special needs. (4) CHILD. An
individual under 19 years of age, or an individual 19 or 20 years of age and eligible for
Title IV-E Federal Funding, who is: a. in the care or custody, or both, of the department,
or a public or voluntary licensed child-placing agency, b. legally free for adoption and c.
in special need or circumstances because he or she is...
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12-15-215
Section 12-15-215 Disposition of delinquent children or children in need of supervision generally.
(a) If the juvenile court finds on proof beyond a reasonable doubt, based upon competent,
material, and relevant evidence, that a child committed the acts by reason of which the child
is alleged to be delinquent or in need of supervision, it may proceed immediately to hear
evidence as to whether the child is in need of care or rehabilitation and to file its findings
thereon. In the absence of evidence to the contrary, a finding that the child has committed
an act which constitutes a felony is sufficient to sustain a finding that the child is in
need of care or rehabilitation. If the juvenile court finds that the child is not in need
of care or rehabilitation, it shall dismiss the proceedings and discharge the child from any
detention or other temporary care theretofore ordered. If the juvenile court finds that the
child is in need of care or rehabilitation, it may make any of the...
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38-1-7
Section 38-1-7 (Effective October 1, 2015 until September 30, 2017) Drug screening program.
(a) As used in this section, the following words shall have the following meanings: (1) DRUG.
Includes all of the following: a. A controlled substance for which a medical prescription
or other legal authorization is required for purchase or possession, including, but not limited
to: An amphetamine, a tetrahydrocannabinol, oxycodone, cocaine, phencyclidine (PCP), an opiate,
a barbiturate, a benzodiazepine, a methamphetamine, a propoxyphene, a tricyclic antidepressant,
or a metabolite of any of these substances. b. A drug whose manufacture, sale, use, or possession
is forbidden by law. (2) DRUG SCREENING. Any chemical, biological, or physical instrumental
analysis administered by a laboratory certified by the United States Department of Health
and Human Services or other licensing agency in this state for the purpose of determining
the presence or absence of a drug or its metabolites. (b) The...
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26-14-7
Section 26-14-7 Duties of Department of Human Resources. (a) The State or County Department
of Human Resources shall make a thorough investigation promptly upon either the oral or written
report. The primary purpose of such an investigation shall be the protection of the child.
(b) The investigation, to the extent that is reasonably possible, shall include: (1) The nature,
extent and cause of the child abuse or neglect; (2) The identity of the person responsible
therefor; (3) The names and conditions of other children in the home; (4) An evaluation of
the parents or person responsible for the care of the child; (5) The home environment and
the relationship of the child or children to the parents or other persons responsible for
their care; and (6) All other data deemed pertinent. (c) The investigation may include a visit
to the child's home, an interview with the subject child, and may include a physical, psychological,
or psychiatric examination of any child or children in that home....
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30-3-191
Section 30-3-191 Definitions. When used in Sections 30-3-191 to 30-3-199, inclusive, the following
words shall have the following meanings: (1) ACCOUNT. A demand deposit account, checking or
negotiable withdrawal order account, savings account, time deposit account, or money-market
mutual fund account. (2) BUSINESS DAY. A day on which state offices are open for regular business.
(3) COMMERCIAL DRIVER LICENSE. A license issued to an individual that authorizes the individual
to drive a motor vehicle as part of conducting business. (4) CONFIDENTIAL INFORMATION. Information
provided by a service applicant or recipient or obtained from other sources about him or her
which may be released only as required by court order or state or federal law. (5) COURT.
A court of competent jurisdiction or administrative agency having the authority to issue and
enforce support orders. (6) DATA MATCH. An automated process of matching specified information
from the financial records of financial institutions...
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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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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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