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26-2B-209
Section 26-2B-209 Proceedings in more than one state. Except for a petition for the appointment
of a guardian in an emergency or issuance of a protective order limited to property located
in this state under paragraph (1) or (2) of subsection (a) of Section 26-2B-204, if a petition
for the appointment of a guardian or issuance of a protective order is filed in this state
and in another state and neither petition has been dismissed or withdrawn, the following rules
apply: (1) If the court in this state has jurisdiction under Section 26-2B-203, it may proceed
with the case unless a court in another state issues an order establishing jurisdiction under
provisions similar to Section 26-2B-203 before the appointment or issuance of an order by
the court in this state. (2) If the court in this state does not have jurisdiction under Section
26-2B-203, whether at the time the petition is filed or at any time before the appointment
or issuance of the order, the court shall stay the proceeding...
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30-3B-202
Section 30-3B-202 Continuing, exclusive jurisdiction. (a) Except as otherwise provided in Section
30-3B-204, a court of this state which has made a child custody determination consistent with
Section 30-3B-201 or Section 30-3B-203 has continuing, exclusive jurisdiction over the determination
until: (1) A court of this state determines that neither the child, nor the child and one
parent, nor the child and a person acting as a parent have a significant connection with this
state and that substantial evidence is no longer available in this state concerning the child's
care, protection, training, and personal relationships; or (2) A court of this state or a
court of another state determines that the child, the child's parents, and any person acting
as a parent do not presently reside in this state. (b) A court of this state which has made
a child custody determination and does not have continuing, exclusive jurisdiction under this
section may modify that determination only if it has...
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26-2B-302
Section 26-2B-302 Accepting guardianship or conservatorship transferred from another state.
(a) To confirm transfer of a guardianship or conservatorship transferred to this state under
provisions similar to Section 26-2B-301, the guardian or conservator must petition the court
in this state to accept the guardianship or conservatorship. The petition must include the
following: (1) a certified copy of the other state's provisional order of transfer; (2) an
inventory of the protected person's estate as of the date of the petition including certified
records of all bank accounts in the protected person's estate as of the date of the petition;
(3) proof of the conservator's bond; and (4) any final accounting of the protected person's
estate which has been submitted in the prior jurisdiction. If no such accounting was required
by the transferring court, the petitioner must prepare and submit an accounting prior to acceptance.
(b) Notice of a petition under subsection (a) must be given to...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the
following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state
agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of
punishment options, from probation to incarceration, graduated in restrictiveness according
to the degree of supervision of the offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised
probation, that requires an offender to serve a sentence of imprisonment. The term includes
time served in a work release program operated as a custody option by the Alabama Department
of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections
pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate
Punishment. A sentence that may include assignment to any...
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26-2A-73
Section 26-2A-73 Court appointment of guardian of minor; conditions for appointment. (a) The
court may appoint a guardian for an unmarried minor if all parental rights have been terminated
or suspended by circumstances or prior order of a court having jurisdiction; unless a custodian
has been appointed under Section 26-18-8, or otherwise by the juvenile court when parental
rights have been terminated or suspended. A guardian appointed pursuant to Section 26-2A-71
whose appointment has not been prevented or nullified under Section 26-2A-72 has priority
over any guardian who may be appointed by the court, but the court may proceed with another
appointment upon a finding that the parental nominee has failed to accept the appointment
within 30 days after notice of the guardianship proceeding. (b) If necessary, and on appropriate
petition or application, the court may appoint a temporary guardian who shall have the full
authority of a general guardian of a minor, but the authority of a...
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8-19-11
Section 8-19-11 Penalties. (a) Any person who violates the terms of an injunction or order
issued under this chapter shall forfeit and pay a civil penalty of not more than $25,000 per
violation and shall be adjudged in contempt. For the purpose of this section, any circuit
court issuing an injunction or order under this chapter shall retain jurisdiction, and in
such cases the Attorney General or the district attorney acting in the name of the state may
petition for recovery of such civil penalties. (b) Any person who is knowingly engaging in
or has knowingly engaged in any act or practice declared unlawful by Section 8-19-5 shall
forfeit and pay a civil penalty of not more than $2,000 per violation upon petition by the
Attorney General or a district attorney acting in the name of the state to the circuit court
for the county in which the defendant resides, is doing business, or has his/her principal
place of business, or the county in which the unlawful act or practice was or is being...
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12-15-305
Section 12-15-305 Right to counsel for petitioners or respondent parents, legal guardians,
or legal custodians in dependency proceedings. THIS SECTION WAS CREATED BY ACT 2008-277 IN
THE 2008 REGULAR SESSION, EFFECTIVE JANUARY 1, 2009. (a) Upon request and a finding of indigency,
the juvenile court may appoint an attorney to represent the petitioner and may order recoupment
of the fees of the attorney to be paid to the State of Alabama. (b) In dependency and termination
of parental rights cases, the respondent parent, legal guardian, or legal custodian shall
be informed of his or her right to be represented by counsel and, if the juvenile court determines
that he or she is indigent, counsel shall be appointed where the respondent parent, legal
guardian, or legal custodian is unable for financial reasons to retain his or her own counsel.
(Act 2008-277, §18.)...
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26-2B-104
Section 26-2B-104 Communication between courts. (a) A court of this state may communicate with
a court in another state concerning a proceeding arising under this chapter. The court may
allow the parties to participate in the communication. (b) If the parties are not allowed
to participate in the communication, the court shall give all parties the opportunity to present
facts and legal arguments before the court issues an order establishing jurisdiction. (c)
Except as otherwise provided in subsection (d), the court shall make a record of any communication
under this section and promptly inform the parties of the communication and grant them access
to the record. (d) Courts may communicate concerning schedules, calendars, court records,
and other administrative matters without making a record. (Act 2010-500, p. 782, §1.)...
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30-3D-207
Section 30-3D-207 Determination of controlling child-support order. (a) If a proceeding is
brought under this chapter and only one tribunal has issued a child-support order, the order
of that tribunal controls and must be recognized. (b) If a proceeding is brought under this
chapter, and two or more child-support orders have been issued by tribunals of this state,
another state, or a foreign country with regard to the same obligor and same child, a tribunal
of this state having personal jurisdiction over both the obligor and individual obligee shall
apply the following rules and by order shall determine which order controls and must be recognized:
(1) If only one of the tribunals would have continuing, exclusive jurisdiction under this
chapter, the order of that tribunal controls. (2) If more than one of the tribunals would
have continuing, exclusive jurisdiction under this chapter: (A) an order issued by a tribunal
in the current home state of the child controls; or (B) if an order...
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22-11A-10
Section 22-11A-10 State Board of Health to investigate reported cases of tuberculosis; voluntary
treatment; probate court may order compulsory treatment and quarantine; cost of treatment;
exercise of religious freedom. Whenever the State Board of Health or its authorized representative
shall discover, as a result of its own investigation or as a result of any report required
by this article, that any person may be afflicted with tuberculosis, the State Board of Health,
through its authorized representative, shall investigate or further investigate the circumstances
and, if after investigation, the representative of the State Board of Health is of the opinion
that an active case of tuberculosis is found, he shall encourage the person infected to take
voluntary treatment to meet the minimum requirements prescribed by the State Board of Health.
If such afflicted person refuses voluntary treatment, than the state board of health, through
its authorized representative, may petition the...
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