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22-19-42
Section 22-19-42 Who may donate all, or part of, body; rights of donees. (a) Any individual
of sound mind and 18 years of age or older may give all, or any part of, his body for any
purposes specified in Section 22-19-43, the gift to take effect upon death. (b) Any of the
following persons, in order of priority stated, when persons in prior classes are not available
at the time of death, and in the absence of actual notice of contrary indications by the decedent
or actual notice of opposition by a member of the same or a prior class, may give all, or
any part of, the decedent's body for any purpose specified in Section 22-19-43: (1) The spouse;
(2) An adult son or daughter; (3) Either parent; (4) An adult brother or sister; (5) A guardian
of the person of the deceased at the time of his death; or (6) Any other person authorized
or under obligation to dispose of the body. (c) If the donee has actual notice of contrary
indications by the decedent or that a gift by a member of a class is...
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12-20-29
Section 12-20-29 Substitution of lost, etc., papers or records in civil cases - How made -
After determination of action or proceeding. If, after the determination of any civil action
or proceeding, the original papers, or any part thereof pertaining thereto, which are not
of record are lost, mislaid, destroyed or mutilated, if the record of such papers with such
papers should be lost, mislaid, destroyed or mutilated or if the record of any judgment or
decree of any judicial proceeding or quasi-judicial proceeding, or any part thereof, should
be lost, mislaid, destroyed or mutilated, any party in interest may, on application in writing,
stating the facts, accompanied with the substitute proposed of such lost, mislaid, destroyed
or mutilated paper or record, verified by affidavit, obtain an order of substitution. If the
adverse party is of full age, of sound mind and a resident of the state, notice of the application
and a copy thereof, accompanied with a copy of the proposed...
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13A-6-132
Section 13A-6-132 Domestic violence - Third degree. (a)(1) A person commits domestic violence
in the third degree if the person commits the crime of assault in the third degree pursuant
to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless
endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section
13A-6-25; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime
of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications
pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third
degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third
degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree
pursuant to Section 13A-7-43; and the victim is a current or former spouse, parent, step-parent,
child, step-child, any person with whom the defendant has a child...
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19-3B-704
Section 19-3B-704 Vacancy in trusteeship; appointment of successor. (a) A vacancy in a trusteeship
occurs if: (1) a person designated as trustee rejects the trusteeship; (2) a person designated
as trustee cannot be identified or does not exist; (3) a trustee resigns; (4) a trustee is
disqualified or removed; (5) a trustee dies; or (6) a guardian or conservator is appointed
for an individual serving as trustee. (b) If one or more co-trustees remain in office, then
a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if
the trust has no remaining trustee. (c) A vacancy in a trusteeship of a noncharitable trust
that is required to be filled must be filled in the following order of priority: (1) by a
person designated in the terms of the trust to act as successor trustee; (2) by a person appointed
by unanimous agreement of the adult qualified beneficiaries and any entity which is a qualified
beneficiary; or (3) by a person appointed by the court. (d) A...
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26-21-7
Section 26-21-7 Nonliability of physician for claims arising out of disclosure of information;
nondisclosure of information regarding abortion pursuant to court order; physician has no
duty to secure waiver. (a) No physician who complies with the parental consent requirements
of this chapter shall be liable in any manner to the minor upon whom the abortion was performed
for any claim whatsoever arising out of or based on the disclosure of any information concerning
the medical condition of such minor to her parent, parents, or legal guardian. Notwithstanding
the foregoing, a physician who performs an abortion pursuant to a court order obtained under
this chapter, shall not disclose any information regarding same to the parent, parents, or
legal guardian of the minor unless such disclosure is made pursuant to a court order. In no
event shall the physician be under any duty to initiate proceedings in any court to secure
a waiver of the parental consent requirement on behalf of any minor...
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35-6-44
Section 35-6-44 Proceedings against unknown persons and certain other parties defendant. When
it is necessary to make any persons defendant to a petition in the probate court filed for
the partition of property or for a sale thereof because it cannot be equitably divided, and
the names of all or any of such persons are unknown to the petitioner and cannot be ascertained
on diligent inquiry, if the petitioner shall state in a petition, or in an affidavit thereto
annexed, that the names of such persons are unknown, and that he has made diligent inquiry
to ascertain the same, proceedings may be had against them without naming them; and the judge
of probate must make publication as in case of nonresident defendants, describing such unknown
parties as near as may be by the character in which they are sued, and with reference to their
title or interest in the property sought to be partitioned or to be sold for division of the
proceeds. Should petitioner, after exercising reasonable diligence...
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38-12-4
Section 38-12-4 Individualized service plan. (a) The department shall determine whether the
person is able to care effectively for the foster child by the following methods: (1) Reviewing
personal and professional references. (2) Observing during a home visit of the kinship
foster parent with household members. (3) Interviewing the kinship foster parent. (b) The
department and the kinship foster parent shall develop an individualized service plan for
the foster care of the child. The plan shall be periodically reviewed and updated. If the
plan includes the use of an approved daycare center or family daycare home, the department
shall pay for child care arrangements, according to established rates. (c) The kinship foster
parent shall cooperate with any activities specified in the individualized service plan for
the foster child, such as counseling, therapy, court sessions, or visits with the foster child's
parents or other family members. (d) Whether appointed kinship guardian by the...
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38-9-2
Section 38-9-2 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) ABUSE. The infliction of physical pain, injury, or the
willful deprivation by a caregiver or other person of services necessary to maintain mental
and physical health. (2) ADULT IN NEED OF PROTECTIVE SERVICES. A person 18 years of age or
older whose behavior indicates that he or she is mentally incapable of adequately caring for
himself or herself and his or her interests without serious consequences to himself or herself
or others, or who, because of physical or mental impairment, is unable to protect himself
or herself from abuse, neglect, exploitation, sexual abuse, or emotional abuse by others,
and who has no guardian, relative, or other appropriate person able, willing, and available
to assume the kind and degree of protection and supervision required under the circumstances.
(3) CAREGIVER. An individual who has the responsibility for the care of a protected...
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43-2-447
Section 43-2-447 Notice to unknown parties; appointment of special guardian; disposition of
shares. If it shall be averred in an application for the sale of lands for the payment of
debts or for division, that the names of any of the heirs or devisees are unknown, that the
petitioner has made diligent inquiry and cannot ascertain the same, the cause may proceed
against them without naming them; but the court must make publication as in case of nonresidents,
describing such unknown parties as near as may be by the character in which they are made
parties and with reference to their interest in the lands sought to be sold, and must appoint
a suitable and competent person not of kin or counsel to the petitioner, as special guardian
to represent such unknown parties. The shares or interests of such unknown parties, in the
proceeds of lands sold for division, shall be paid into court and there retained and paid
out to the proper parties when ascertained. (Code 1896, ยง162; Code 1907,...
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43-2-506
Section 43-2-506 Settlement by consent without notice. In any case in which an administration
is conducted pursuant to letters testamentary or letters of administration with the will annexed
granted in this state and all legatees and distributees named in the will are of age and proof
is made that all legal charges against the estate have been paid in full, the probate court,
upon verified petition of the personal representative consented to by written instrument
properly executed and acknowledged by all legatees and distributees, may approve a consent
settlement without notice or publication or posting. In any case in which an administration
is conducted pursuant to letters testamentary or letters of administration granted in this
state and such administration in this state is ancillary to a primary administration in another
state, and proof is made that all legal charges against the estate in this state have been
paid in full and the balance of the assets of the estate in this state...
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