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30-3B-208
Section 30-3B-208 Jurisdiction declined by reason of conduct. (a) Except as otherwise provided
in Section 30-3B-204 or by other law of this state, if a court of this state has jurisdiction
under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable
conduct, the court shall decline to exercise its jurisdiction unless: (1) The parents and
all persons acting as parents have acquiesced in the exercise of jurisdiction; (2) A court
of the state otherwise having jurisdiction under Sections 30-3B-201 through 30-3B-203 determines
that this state is a more appropriate forum under Section 30-3B-207; or (3) No court of any
other state would have jurisdiction under the criteria specified in Sections 30-3B-201 through
30-3B-203. (b) If a court of this state declines to exercise its jurisdiction pursuant to
subsection (a), it may fashion an appropriate remedy to ensure the safety of the child and
prevent a repetition of the unjustifiable conduct, including...
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30-3B-206
Section 30-3B-206 Simultaneous proceedings. (a) Except as otherwise provided in Section 30-3B-204,
a court of this state may not exercise its jurisdiction under this article if, at the time
of the commencement of the proceeding, a proceeding concerning the custody of the child has
been commenced in a court of another state having jurisdiction substantially in conformity
with this chapter, unless the proceeding has been terminated or is stayed by the court of
the other state because a court of this state is a more convenient forum under Section 30-3B-207.
(b) Except as otherwise provided in Section 30-3B-204, a court of this state, before hearing
a child custody proceeding, shall examine the court documents and other information supplied
by the parties pursuant to Section 30-3B-209. If the court determines that a child custody
proceeding has been commenced in a court in another state having jurisdiction substantially
in accordance with this chapter, the court of this state shall stay...
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26-2B-102
Section 26-2B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ADULT. An individual who has attained 19 years of age or who by statute has
otherwise been deemed to be an adult under the laws of the State of Alabama or the laws of
another state. (2) CONSERVATOR. A person appointed by the court to administer the property
of an adult, including a person appointed under Section 26-2A-20 of the Alabama Uniform Guardianship
and Protective Proceedings Act. (3) COURT. A probate court of this state and includes an appropriate
court of another state. (4) GUARDIAN. A person appointed by the court to make decisions regarding
the person of an adult, including a person appointed under Section 26-2A-20 of the Alabama
Uniform Guardianship and Protective Proceedings Act. (5) GUARDIANSHIP. An order appointing
a guardian. (6) GUARDIANSHIP PROCEEDING. A judicial proceeding in which an order for the appointment
of a guardian is sought or has been issued. (7)...
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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, ยง18.)...
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8-15-14
Section 8-15-14 Revocation of permit; liquidation of operation. (a) In the event that the Commissioner
of Agriculture and Industries upon a public hearing finds and determines that a public warehouse
is being operated in violation of law and regulations and in jeopardy of the public interest,
he shall thereupon revoke the permit to operate such public warehouse and, in his discretion,
he may take charge of the operation of such warehouse for the purpose of liquidating the same
under the direction of the circuit court having jurisdiction at the place of the operation
thereof and to operate same under the direction of the court for such time as may be necessary
to protect the public interest or to compel compliance with the laws and regulations relating
to the operation of public warehouses. (b) Upon taking charge thereof, the Commissioner of
Agriculture and Industries shall appoint in writing, under his hand and official seal, an
agent to assist him in the duty of liquidation and...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
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22-55-1
Section 22-55-1 Enactment of compact; terms. The Interstate Compact on Mental Health is hereby
enacted into law and entered into by this state with all other states legally joining therein
in the form substantially as follows: INTERSTATE COMPACT ON MENTAL HEALTH The contracting
states solemnly agree that: Article I The party states find that the proper and expeditious
treatment of the mentally ill and mentally deficient can be facilitated by cooperative action
to the benefit of the patients, their families and society as a whole. Further, the party
states find the necessity of and desirability for furnishing such care and treatment bear
no primary relation to the residence or citizenship of the patient but that, on the contrary,
the controlling factors of community safety and humanitarianism require that facilities and
services be made available for all who are in need of them. Consequently, it is the purpose
of this compact and of the party states to provide the necessary legal basis...
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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears from
a petition for a protection order or a petition to modify a protection order that abuse has
occurred or from a petition for a modification of a protection order that a modification is
warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
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24-8-13
Section 24-8-13 Recommendation for hearing by investigator; order for hearing; parties' right
to take civil action; amendment of complaint; subpoenas; refusal to allow discovery; hearing;
panel opinion and order; review. (a) If not sooner resolved, the investigator, upon completion
of his investigation, shall submit to ADECA a statement of the facts disclosed by his investigation
and recommend either that the complaint be dismissed or that a panel of office members be
designated to hear the complaint. ADECA, after review of the case file and the statement and
recommendation of the investigator, shall issue an order either of dismissal or for a hearing,
which is not subject to judicial or other further review. (b) If the order is for dismissal,
ADECA shall mail a copy of the order to the complainant and the respondent at their last known
addresses. The complainant may bring an action against the respondent in circuit court within
90 days of the date of the dismissal or within one year...
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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...
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