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30-3-197
Section 30-3-197 Authorized actions; safeguards. (a) Provided that no actions are pending before
any circuit and district court of this state, the state Title IV-D agency may take the following
actions related to establishment of paternity or to the establishment, modification, or enforcement
of support orders, without the necessity of obtaining an order from any other judicial or
administrative tribunal, or in furtherance of any existing order, and to recognize and enforce
the authority of the state Title IV-D agencies of other states of the following actions: (1)
To order genetic testing for the purpose of paternity establishment. (2) To subpoena any financial
or other information needed to establish, modify, or enforce a support order, and to impose
penalties for failure to respond to a subpoena. (3) To require all entities in the state,
including for profit, nonprofit, and governmental employers, to provide promptly, in response
to a request by the state Title IV-D agency of this...
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30-4-57
Section 30-4-57 Proof of marriage and parenthood; communications between husband and wife not
privileged; testimony of husband and wife; evidence of willful abandonment or desertion. No
other evidence shall be required to prove marriage of such husband and wife or that such person
is the lawful father or mother of such child or children, than is or shall be required to
prove such facts in a civil action. In all prosecutions under this article, any existing provisions
of the law prohibiting the disclosure of confidential communication between husband and wife
shall not apply, and both husband and wife shall be competent and compellable witnesses to
testify to any and all relevant matters, including the fact of such marriage and the parentage
of such child or children. Proof that a person has left his wife, child or children in destitute
or necessitous circumstances, or has not contributed reasonably to their support for a period
of 10 days after his departure, shall constitute prima...
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6-10-106
Section 6-10-106 Proceedings to set aside exemptions when husband, wife, or parent absent seven
years and residence not ascertainable - Generally. (a) When the real and personal property
owned by an absent husband, wife, or parent who has not been heard from and whose residence
has been unknown for seven years and whose residence cannot be ascertained by diligent inquiry
does not exceed in amount and value the exemptions allowed in favor of his or her surviving
spouse and minor child or children, or either, the probate court of the county in which he
or she resided before leaving his or her spouse or children, upon the application of the deserted
spouse or, if there is no spouse or he or she does not act, upon the application of the guardian
or of a suitable person who shall be appointed by the judge of probate as next friend of such
minor children, verified by oath and setting forth such facts, must appoint two commissioners,
who shall make a full and complete inventory and...
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30-3-6
Section 30-3-6 Bond, security, or other guarantee to secure payment of overdue support or compliance
with visitation order. (a) As used in this section, the following terms shall have the following
meanings: (1) SUPPORT. Support of any child, with respect to whom a support order exists,
and support of a spouse or former spouse with respect to whom a support order exists where
incidental to an order of child support as required by Title IV-D of the Social Security Act.
(2) OVERDUE SUPPORT. A delinquency in an obligation of "support," as such term is
defined in this section, the obligation having been previously determined under a court order
or judgment. (3) OBLIGOR. Any person required to make payments under the terms of a support
order or comply with visitation orders. (4) OBLIGEE. Any person or entity which is entitled
to receive support pursuant to a support order and who is receiving support services from
the Department of Human Resources pursuant to Title IV-D of the Social...
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30-3-61
Section 30-3-61 Withholding order required in child support orders; employer to withhold support
from income due and pay to designee; income withholding order issued by another state; when
order served on employer; delinquency of support payments. (a) Any provision of Section 8-5-21,
to the contrary notwithstanding, any original decree, judgment, or order issued by a court
of this state for the payment of support, any decree or judgment entered pursuant to a petition
to modify an original decree or award of support, any decree or judgment of contempt of court
for failure to pay support as previously ordered by a court of this state, or any decree or
judgment for criminal or civil nonsupport shall include as a separate section a withholding
order subject to subsection (c) of this section directing any employer of the obligor to withhold
and pay over to the clerk of the court or the Department of Human Resources, or its designee,
whichever is appropriate, out of income due or to become...
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30-3C-6
Section 30-3C-6 Contents of petition. A petition under this chapter must be verified and include
a copy of any existing child-custody determination, if available. If a child-custody determination
is not available, the petition must state the petitioner's right to make a petition, as described
under subsection (b) of Section 30-3C-4, and provide the basis for that right to make a petition
under this chapter. The petition also must specify the risk factors for abduction, including
the relevant factors described in Section 30-3C-7. Subject to the protections provided by
subsection (e) of Section 30-3B-209 of the Uniform Child Custody Jurisdiction and Enforcement
Act, if reasonably ascertainable, the petition must contain: (1) the name, date of birth,
and gender of the child; (2) the usual places of abode and current physical location of the
child; (3) the identity, usual places of abode, and current physical location of the petitioner
and respondent, and an explanation of the relationship...
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30-4-59
Section 30-4-59 Suspension of sentence; order of payment of support for wife or children; release
of defendant on probation; bond. At the trial on an entry of a plea of guilty, or after conviction
and after judgment and sentence has been imposed, as provided in this article, the judge of
the juvenile court in the first instance, or the judge of the circuit court on appeal and
trial de novo, may, in his discretion, suspend such judgment and sentence, and, having regard
to the circumstances and to the financial ability or earning capacity of the defendant, may
make an order, which shall be subject to change by the judge of the juvenile court, from time
to time, as circumstances may require, directing the defendant to pay a certain sum periodically
to the clerk of the juvenile court for the use of the defendant's wife or for the use of his
wife and child or children, or for the use of his child or children, and to release the said
defendant from custody on probation, upon his entering...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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38-7-3
Section 38-7-3 License to operate or conduct child-care facility - Requirements; recordkeeping;
parental notifications, etc.; affidavits; inspections and investigations. (a) No person, group
of persons, or corporation may operate or conduct any facility for child care, as defined
in this chapter, without being licensed or approved as provided in this chapter. (b)(1) Except
as provided in subdivision (2), the licensure requirements of this chapter do not apply to
a child-care facility that is operating as an integral part of a local church ministry or
a religious nonprofit school, and is so recognized in the church or school's documents, whether
operated separately or as a part of a religious nonprofit school unit, secondary school unit,
or institution of higher learning under the governing board or authority of the local church
or its convention, association, or regional body to which it may be subject. (2) A child-care
facility that receives state or federal funds or is operating for...
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12-15-127
Section 12-15-127 Release, delivery to detention or shelter care facility, medical facility
of children taken into custody generally. (a) A person taking a child into custody without
an order of the juvenile court shall, with all possible speed, and in accordance with this
chapter and the rules of court pursuant thereto: (1) Release the child to the parents, legal
guardian, or legal custodian of the child or other suitable person able to provide supervision
and care for the child and issue verbal counsel and warning as may be appropriate. (2) Release
the child to the parents, legal guardian, or legal custodian of the child upon his or her
promise to bring the child before the juvenile court when requested, unless the placement
of the child in detention or shelter care appears required. If a parent, legal guardian, or
other legal custodian fails, when requested, to bring the child before the juvenile court
as provided in this section, the juvenile court may issue an order directing that...
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