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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in this state and in another state and neither petition has been dismissed or withdrawn, the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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