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12-15-405
Section 12-15-405 Notice of hearing; appointment of counsel for the minor or child. (a) When
any minor or child against whom a petition has been filed seeking to commit the minor or child
to the custody of the department is initially brought before the juvenile court, the juvenile
court shall provide a copy of the petition and if requested, read the petition to the minor
or child and to his or her parent, legal guardian, or legal custodian and counsel, and inform
those persons verbally and in writing of the date, time, and place of the next hearing to
be held in regard to the minor or child, the purpose of the hearing, the rights of the minor
or child at the hearing, and the possible consequences of the hearing. (b) The juvenile court
shall appoint a child's attorney for the minor or child. The juvenile court may appoint a
guardian ad litem in addition to the child's attorney. No statement made or act done by the
minor or child in the presence of the juvenile court prior to the minor...
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35-6-83
Section 35-6-83 Guardian ad litem. The court must appoint a guardian ad litem to represent
the interest of such ward upon such hearing, as provided by law for the appointment of guardians
ad litem in such court. The person so appointed such guardian ad litem must deny in writing
the allegations of such report and resist the confirmation of such sale, and, if necessary,
must, with the approval of the court, employ counsel to defend the interest of the person
he so represents. He is entitled to reasonable compensation, and an allowance for reasonable
fees of such counsel as he may so employ, to be fixed by the court and taxed and collected
as costs in the action. (Code 1907, §5256; Code 1923, §9360; Code 1940, T. 47, §222.)...
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26-10A-5
Section 26-10A-5 Who may adopt. (a) Any adult person or husband and wife jointly who are adults
may petition the court to adopt a minor. (1) No rule or regulation of the Department of Human
Resources shall prevent an adoption by a person solely because the person is employed outside
the home, provided however, the Department of Human Resources may exercise sound discretion
in requiring the person to remain in the home with a minor for a reasonable period of time
when a particular minor requires the presence of that person to ensure his or her adjustment.
Provided, however, the reasonable period of time shall not exceed 60 consecutive calendar
days. (2) No rule or regulation of the Department of Human Resources or any agency shall prevent
an adoption by a single person solely because such person is single or shall prevent an adoption
solely because such person is of a certain age. (3) Provided however, in cases, where one
who purports to be the biological father marries the biological...
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35-4A-4
Section 35-4A-4 Reformation. Upon the petition of an interested person, a circuit court shall
reform a disposition in the manner that most closely approximates the transferor's manifested
plan of distribution and is within the 100 years allowed by Section 35-4A-2(a)(2), (b)(2),
or (c)(2) or the 360 years allowed by Section 35-4A-5(9) if: (1) a nonvested property interest
or a power of appointment becomes invalid under Section 35-4A-2 (statutory rule against perpetuities);
(2) a class gift is not but might become invalid under Section 35-4A-2 (statutory rule against
perpetuities) and the time has arrived when the share of any class member is to take effect
in possession or enjoyment; or (3) a nonvested property interest that is not validated by
Section 35-4A-2(a)(1) can vest but not within 100 years after its creation or in the case
of a trust which meets the requirements of Section 35-4A-5(9), 360 years of its creation.
(Act 2011-532, p. 880, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-4A-4.htm - 1K - Match Info - Similar pages
26-2A-158
Section 26-2A-158 Termination of proceedings. (a) The protected person, conservator, or any
other interested person may petition the court to terminate the conservatorship. A protected
person seeking termination is entitled to the same rights and procedures as in an original
proceeding for a protective order. If the conservator has accounted to the formerly protected
person, no accounting is necessary. The court, upon determining after notice and hearing that
the minority or disability of the protected person has ceased, shall terminate the conservatorship.
Upon termination, title to assets of the estate passes to the formerly protected person or
to successors. The order of termination must provide for expenses of administration and direct
the conservator to execute appropriate instruments to evidence the transfer. (b) A conservator
appointed by any court of this state, on termination or removal of the protected person's
minority or disability, may present a verified petition to the...
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43-2-335
Section 43-2-335 Order authorizing hiring of laborers - Petition; notice and hearing. Before
granting such order, the court must require the administrator to file a petition under oath,
setting forth the facts upon which the application is based; and, upon the filing of such
petition, the court must appoint a day for the hearing of the same, and must give 10 days'
notice thereof by advertisement in some newspaper published in the county, or if there be
no newspaper published in the county, then by posting the notice at the courthouse door. On
the day appointed, the court must proceed to hear and determine the same upon the evidence
adduced by the petitioner, or the other parties in interest, and any other evidence that the
court may, in its discretion, cause to be adduced. Unless good cause be shown to the contrary,
the court must grant such order, and must require the petitioner to return a written report
of such hiring under oath, on or before a day specified in such order. (Code...
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12-15-410
Section 12-15-410 Evidence in commitment proceedings for minor and child with an intellectual
disability. (a) At the final hearing upon a petition seeking to commit a minor or child to
the department on the basis that the minor or child is a person with an intellectual disability,
the juvenile court may grant the petition if clear and convincing evidence proves all of the
following: (1) The minor or child sought to be committed is a person with an intellectual
disability. (2) The minor or child is not mildly retarded, as defined by the department. (3)
The minor or child, if allowed to remain in the community, is likely to cause serious injury
to himself, herself, or others, or that adequate care, rehabilitation, and training opportunities
are available only at a facility provided by the department. (b) Upon these findings, the
juvenile court shall enter an order setting forth the findings, and may order the minor or
child committed to the custody of the department. (c) The commissioner...
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10A-2A-13.30
Section 10A-2A-13.30 Court action. (a) If a stockholder makes demand for payment under Section
10A-2A-13.26 which remains unsettled, the corporation shall commence a proceeding within 60
days after receiving the payment demand and petition the court to determine the fair value
of the stock and accrued interest. If the corporation does not commence the proceeding within
the 60-day period, it shall pay in cash to each stockholder the amount the stockholder demanded
pursuant to Section 10A-2A-13.26 plus interest. (b) The corporation shall commence the proceeding
in the designated court, and if none, the circuit court for the county in which the corporation's
principal office is located in this state, and if none in this state, in the circuit court
for the county in which the corporation's most recent registered office is located. (c) The
corporation shall make all stockholders (regardless of whether they are residents of this
state) whose demands remain unsettled parties to the proceeding...
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26-13-1
Section 26-13-1 When authorized; procedure generally. The several juvenile courts of the state
are authorized to relieve minors over 18 years of age from the disabilities of nonage in the
following cases and none other: (1) Whenever the father or the mother of such minor shall
file a petition with the court, in writing, requesting that such minor be relieved from the
disabilities of nonage, and the court shall be satisfied that it is to the best interest of
such minor. The parent filing such petition shall aver whether he or she is the guardian of
such minor. (2) Whenever any such minor, having no father, mother, or guardian, or if a parent
is living but is insane or has abandoned such minor for one year, shall file a petition with
the court to be relieved of the disabilities of nonage, and the court shall be satisfied that
it is to the interest of such minor. (3) Whenever any such minor, having no father or mother,
or if a parent is living but is insane or has abandoned such minor for...
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26-5-12
Section 26-5-12 Final consent settlement between conservator and ward. A conservator appointed
by any court of this state for a minor or incapacitated person may, on the arrival of his
or her ward at full age or on termination of the ward's incapacity or on removal of his or
her ward's disabilities of nonage by a court of competent jurisdiction or, if the ward is
married and has attained the age of 18 years, or if the ward has died, present a verified
petition to the court in which the conservatorship is pending, praying for a final consent
settlement by and between him or her and his or her ward, or the ward's personal representative,
if the ward has died. If such consent settlement is agreed to by the ward, or the ward's personal
representative, if the ward has died, by a written instrument, signed by him or her and acknowledged
as conveyances of real estate are acknowledged, the court may approve such settlement without
notice or publication or posting. The agreement of the ward, or...
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