12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be dependent, the juvenile court may make any of the following orders of disposition to protect the welfare of the child: (1) Permit the child to remain with the parent, legal guardian, or other legal custodian of the child, subject to conditions and limitations as the juvenile court may prescribe. (2) Place the child under protective supervision under the Department of Human Resources. (3) Transfer legal custody to any of the following: a. The Department of Human Resources. b. A local public or private agency, organization, or facility willing and able to assume the education, care, and maintenance of the child and which is licensed by the Department of Human Resources or otherwise authorized by law to receive and provide care for the child. c. A relative or other individual who, after study by the Department of Human Resources, is found by the juvenile court to be qualified to receive and care for the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-314.htm - 17K - Match Info - Similar pages
26-2A-105
Section 26-2A-105 Findings; order of appointment. (a) The court shall exercise the authority conferred in this division so as to encourage the development of maximum self-reliance and independence of the incapacitated person and make appointive and other orders only to the extent necessitated by the incapacitated person's mental and adaptive limitations or other conditions warranting the procedure. (b) The court may appoint a guardian as requested if it is satisfied that the person for whom a guardian is sought is incapacitated and that the appointment is necessary or desirable as a means of providing continuing care and supervision of the person of the incapacitated person. The court, on appropriate findings, may (i) treat the petition as one for a protective order under Section 26-2A-130 and proceed accordingly, (ii) enter any other appropriate order, or (iii) dismiss the proceedings. (c) The court, at the time of appointment or later, on its own motion or on appropriate petition or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-105.htm - 1K - Match Info - Similar pages
12-15-140
Section 12-15-140 Content of order; order may set forth reasonable conditions of behavior for parents, persons responsible for care; enumeration of certain specific requirements which may be included in order. (a) The protection or restraint order may set forth reasonable conditions of behavior to be observed by a person who is a parent, legal guardian, legal custodian, or other person legally responsible for the care of the child subject to a juvenile court proceeding, or the spouse of the parent, or spouse of any other person legally responsible for the care of the child, or relatives of any of the above, or residents of the home of the child, or any other person. (b) The protection or restraint order, among other things, may require any person or persons to do any of the following: (1) Stay away from the home in which the child subject to a juvenile court proceeding resides, the family or the child. (2) Vacate the home in which the child subject to a juvenile court proceeding...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-140.htm - 2K - Match Info - Similar pages
12-15-304
Section 12-15-304 Appointment by juvenile courts of guardians ad litem. (a) In all dependency and termination of parental rights proceedings, the juvenile court shall appoint a guardian ad litem for a child who is a party to the proceedings and whose primary responsibility shall be to protect the best interests of the child. (b) The duties of the guardian ad litem include, but shall not be limited to, the following: (1) Irrespective of the age of the child, meet with the child prior to juvenile court hearings and when apprised of emergencies or significant events impacting the child. In addition, the guardian ad litem shall explain, in terms understandable to the child, what is expected to happen before, during, and after each juvenile court hearing. (2) Conduct a thorough and independent investigation. (3) Advocate for appropriate services for the child and the family. (4) Attend all juvenile court hearings scheduled by the juvenile court and file all necessary pleadings to facilitate...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-304.htm - 2K - Match Info - Similar pages
19-3B-305
Section 19-3B-305 Appointment of representative. (a) If the court determines that an interest is not represented under this article, or that the otherwise available representation might be inadequate, then the court may appoint a guardian ad litem or other representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown. (b) A guardian ad litem or other representative may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending. (c) In making decisions, a guardian ad litem or other representative may consider general benefit accruing to the living members of the individual's family. (d) A guardian ad litem or other representative may be appointed to represent several persons or interests. (Act 2006-216, p. 314, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-305.htm - 1K - Match Info - Similar pages
26-2-52
Section 26-2-52 Revocation of guardianship or conservatorship - Upon application by person ascertained to be incapacitated - Appointment of date for hearing on application; notice to guardian or conservator, etc. On the filing of such application, the court must appoint a day for the hearing thereof, not more than 10 days thereafter, and the guardian or conservator and the person at whose instance the inquisition was had and taken must be cited to appear and show cause against it. (Code 1852, §2758; Code 1867, §3197; Code 1876, §2804; Code 1886, §2398; Code 1896, §2263; Code 1907, §4353; Code 1923, §8111; Code 1940, T. 21, §17; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2-52.htm - 1K - Match Info - Similar pages
38-9-6
Section 38-9-6 Protective placement or other protective services. (a) An interested person may petition the court to order protective placement or other protective services for an adult in need of protective services. No protective placement or other protective services may be ordered unless there is a determination by the court that the person is unable to provide for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person, the court of the circuit in which the person resides shall appoint a day, not more than 30 days from the filing of the petition, for the hearing on the petition. If, on the hearing of a petition, the person is not represented by counsel, the court shall appoint a guardian ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing to serve as the trier of facts. (b) Costs of court proceedings under this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-9-6.htm - 7K - Match Info - Similar pages
26-2A-110
Section 26-2A-110 Removal or resignation of guardian; termination of incapacity. (a) On petition of the ward or any person interested in the ward's welfare, or on its own motion, the court, after hearing, may remove a guardian if to do so is in the best interest of the ward. On petition of the guardian, the court, after hearing, may accept a resignation. (b) An order adjudicating incapacity may specify a minimum period, not exceeding one year, during which a petition for an adjudication that the ward is no longer incapacitated may not be filed without special leave. Subject to that restriction, the ward or any person interested in the welfare of the ward may petition for an order that the ward is no longer incapacitated and for termination of the guardianship. A request for an order may also be made informally to the court and any person who knowingly interferes with transmission of the request may be adjudged guilty of contempt of court. (c) Upon removal, resignation, or death of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-110.htm - 1K - Match Info - Similar pages
26-2A-20
Section 26-2A-20 General definitions. As used in this chapter the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) CLAIMS. In respect of a protected person, includes liabilities of the protected person, whether arising in contract, tort, or otherwise, and liabilities of the estate which arise at or after the appointment of a conservator, including expenses of administration. (2) CONSERVATOR. A person who is appointed by a court to manage the estate of a protected person and includes a limited conservator described in Section 26-2A-148(a). (3) COURT. A probate court of this state. (4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective proceeding who is trained in law, nursing, or social work, is an officer, employee, or special appointee of the court, and has no personal interest in the proceeding. (5) DISABILITY. Cause for a protective order as described in Section 26-2A-130. (6) ESTATE. Includes...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-20.htm - 4K - Match Info - Similar pages
26-2B-204
Section 26-2B-204 Special jurisdiction. (a) A court of this state lacking jurisdiction under Section 26-2B-203 has special jurisdiction to do any of the following: (1) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state; (2) issue a protective order with respect to real or tangible personal property located in this state; (3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to Section 26-2B-301. (b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment. (c) The court may entertain successive...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2B-204.htm - 1K - Match Info - Similar pages
|