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26-2B-201
Section 26-2B-201 Definitions; significant connection factors. (a) In this article, the following
terms shall have the following meanings: (1) EMERGENCY. A circumstance that likely will result
in substantial harm to a respondent's health, safety, or welfare, and for which the appointment
of a guardian is necessary because no other person has authority and is willing to act on
the respondent's behalf. (2) HOME STATE. The state in which the respondent was physically
present, including any period of temporary absence, for at least six consecutive months immediately
before the filing of a petition for a protective order or the appointment of a guardian; or
if none, the state in which the respondent was physically present, including any period of
temporary absence, for at least six consecutive months ending within the six months prior
to the filing of the petition. (3) SIGNIFICANT-CONNECTION STATE. A state, other than the home
state, with which a respondent has a significant connection...
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26-2B-203
Section 26-2B-203 Jurisdiction. (a) A court of this state has jurisdiction to appoint a guardian
or issue a protective order for a respondent if: (1) this state is the respondent's home state;
(2) on the date the petition is filed, this state is a significant-connection state and: (A)
the respondent does not have a home state or a court of the respondent's home state has declined
to exercise jurisdiction because this state is a more appropriate forum; or (B) the respondent
has a home state, a petition for an appointment or order is not pending in a court of that
state or another significant-connection state and before the court makes the appointment or
issues the order: (i) a petition for an appointment or order is not filed in the respondent's
home state; (ii) an objection to the court's jurisdiction is not filed by a person required
to be notified of the proceeding; and (iii) the court in this state concludes that it is an
appropriate forum under the factors set forth in Section...
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30-3B-201
Section 30-3B-201 Initial child custody jurisdiction. (a) Except as otherwise provided in Section
30-3B-204, a court of this state has jurisdiction to make an initial child custody determination
only if: (1) This state is the home state of the child on the date of the commencement of
the proceeding, or was the home state of the child within six months before the commencement
of the proceeding and the child is absent from this state but a parent or person acting as
a parent continues to live in this state; (2) A court of another state does not have jurisdiction
under subdivision (1), or a court of the home state of the child has declined to exercise
jurisdiction on the ground that this state is the more appropriate forum under Section 30-3B-207
or 30-3B-208, and: a. The child and the child's parents, or the child and at least one parent
or a person acting as a parent, have a significant connection with this state other than mere
physical presence; and b. Substantial evidence is...
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26-2B-301
Section 26-2B-301 Transfer of guardianship or conservatorship to another state. (a) A guardian
or conservator appointed in this state may petition the court to transfer the guardianship
or conservatorship to another state. (b) Notice of a petition under subsection (a) must be
given to the persons that would be entitled to notice of a petition in this state for the
appointment of a guardian or conservator pursuant to Section 26-2A-103 as required by Section
26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings Act. (c) On the court's
own motion or on request of the guardian or conservator, the incapacitated or protected person,
or other person required to be notified of the petition, the court shall hold a hearing on
a petition filed pursuant to subsection (a). (d) The court shall issue a provisional order
granting a petition to transfer a guardianship and shall direct the guardian to petition for
guardianship in the other state if the court is satisfied that the...
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34-24-361
Section 34-24-361 Investigations; reporting offenses; proceedings and actions; privileged information.
(a)(1) The State Board of Medical Examiners on its own motion may investigate any evidence
which appears to show that a physician or osteopath holding a certificate of qualification
to practice medicine or osteopathy in the State of Alabama is or may be guilty of any of the
acts, offenses, or conditions set out in Section 34-24-360. As part of its investigation,
the board may require a criminal history background check of the physician or osteopath. In
such event, the physician or osteopath shall submit a complete set of fingerprints to the
State Board of Medical Examiners. The board shall submit the fingerprints provided by the
physician or osteopath to the Alabama Bureau of Investigation (ABI). The fingerprints shall
be forwarded by the ABI to the Federal Bureau of Investigation (FBI) for a national criminal
history record check. Costs associated with conducting a criminal history...
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16-44B-1
Section 16-44B-1 Compact. ARTICLE I PURPOSE It is the purpose of this compact to remove barriers
to education success imposed on children of military families because of frequent moves and
deployment of their parents by: A. Facilitating the timely enrollment of children of military
families and ensuring that they are not placed at a disadvantage due to difficulty in the
transfer of education records from the previous school district(s) or variations in entrance/age
requirements. B. Facilitating the student placement process through which children of military
families are not disadvantaged by variations in attendance requirements, scheduling, sequencing,
grading, course content or assessment. C. Facilitating the qualification and eligibility for
enrollment, educational programs, and participation in extracurricular academic, athletic,
and social activities. D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of...
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15-22-1.1
Section 15-22-1.1 Interstate Compact for Adult Offender Supervision. Whereas: The Interstate
Compact for the Supervision of Parolees and Probationers was established in 1937, it is the
earliest corrections "compact" established among the states and has not been amended
since its adoption over 62 years ago; Whereas: This compact is the only vehicle for the controlled
movement of adult parolees and probationers across state lines, and it currently has jurisdiction
over more than a quarter of a million offenders; Whereas: The complexities of the compact
have become more difficult to administer, and many jurisdictions have expanded supervision
expectations to include currently unregulated practices such as victim input, victim notification
requirements, and sex offender registration; Whereas: After hearings, national surveys, and
a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming
recommendation has been to amend the document to bring about...
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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...
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26-2B-206
Section 26-2B-206 Appropriate forum. (a) A court of this state having jurisdiction under Section
26-2B-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction
if it determines at any time that a court of another state is a more appropriate forum. (b)
If a court of this state declines to exercise its jurisdiction under subsection (a), it shall
either dismiss or stay the proceeding. The court may impose any condition the court considers
just and proper, including the condition that a petition for the appointment of a guardian
or issuance of a protective order be filed promptly in another state. (c) In determining whether
it is an appropriate forum, the court shall consider all relevant factors, including: (1)
any expressed preference of the respondent; (2) whether abuse, neglect, or exploitation of
the respondent has occurred or is likely to occur and which state could best protect the respondent
from the abuse, neglect, or exploitation; (3) the...
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30-3B-109
Section 30-3B-109 Appearance and limited immunity. (a) When making a special appearance a party
to a child custody proceeding, including a modification proceeding, or a petitioner or respondent
in a proceeding to enforce or register a child custody determination, is not subject to personal
jurisdiction in this state for another proceeding or purpose solely by reason of having participated,
or of having been physically present for the purpose of participating, in the proceeding.
(b) A person who is subject to personal jurisdiction in this state on a basis other than physical
presence is not immune from service of process in this state. A party present in this state
who is subject to the jurisdiction of another state is not immune from service of process
allowable under the laws of that state. (c) The immunity granted by subsection (a) does not
extend to civil litigation based on acts unrelated to the participation in a proceeding under
this chapter committed by an individual while...
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