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12-15-201
Section 12-15-201 Definitions. For purposes of this article, the following terms and
phrases shall have the following meanings: (1) AVERAGE COST OF DETENTION. The average cost
of detention of children as determined from experience in Alabama and as computed by the Department
of Youth Services. (2) CONSENT DECREE. An order, entered after the filing of a delinquency
or child in need of supervision petition and before the entry of an adjudication order, suspending
the proceedings and placing the child under supervision pursuant to terms and conditions agreed
to between the child and his or her parent, legal guardian, or legal custodian and approved
by the juvenile court. (3) NONOFFENDER. A child who is subject to the jurisdiction of the
juvenile court for reasons other than the legally prohibited conduct of the child. (4) STATUS
OFFENDER. A status offender is an individual who has been charged with or adjudicated for
conduct that would not, pursuant to the law of the jurisdiction in which...
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12-15-312
Section 12-15-312 Reasonable efforts in judicial determinations; situations in which
reasonable efforts are not required to be made. (a) When the juvenile court enters an order
removing a child from his or her home and places the child into foster care or custody of
the Department of Human Resources pursuant to this chapter, the order shall contain specific
findings, if warranted by the evidence, within the following time periods while making child
safety the paramount concern: (1) In the first order of the juvenile court that sanctions
the removal, whether continuation of the residence of the child in the home would be contrary
to the welfare of the child. This order may be the pick-up order that the juvenile court issues
on the filing of a dependency petition. (2) Within 60 days after the child is removed from
the home of the child, whether reasonable efforts have been made to prevent removal of the
child or whether reasonable efforts were not required to be made. (3) Within 12...
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12-15-319
Section 12-15-319 Grounds for termination of parental rights; factors considered; presumption
arising from abandonment. (a) If the juvenile court finds from clear and convincing evidence,
competent, material, and relevant in nature, that the parents of a child are unable or unwilling
to discharge their responsibilities to and for the child, or that the conduct or condition
of the parents renders them unable to properly care for the child and that the conduct or
condition is unlikely to change in the foreseeable future, it may terminate the parental rights
of the parents. In a hearing on a petition for termination of parental rights, the court shall
consider the best interests of the child. In determining whether or not the parents are unable
or unwilling to discharge their responsibilities to and for the child and to terminate the
parental rights, the juvenile court shall consider the following factors including, but not
limited to, the following: (1) That the parents have abandoned...
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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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30-5-5
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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35-12-84
Section 35-12-84 Filing of a claim - intestate and small claims. (a) The surviving spouse
or, if none, the surviving child or children or, if none, the surviving parent or parents
of an abandoned property owner who has died intestate may claim the abandoned property under
this section, and will have a defeasible right to the property, if all of the following
conditions exist: (1) The aggregate value of the abandoned property held on behalf of the
owner, as established by rule, must not exceed the amount allowed in Section 43-2-692.
(2) The claim need not be accompanied by an order of a probate court if the claimant files
documentation established in the rules, including, but not limited to, a. a written confirmation
by the probate court that no estate has been opened or filed; b. an affidavit, signed by all
beneficiaries, as applicable, stating that all beneficiaries have amicably agreed among themselves
upon a division of the property; c. supporting documentation showing heir rights;...
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12-15-140
Section 12-15-140 Content of order; order may set forth reasonable conditions of behavior
for parents, persons responsible for care; enumeration of certain specific requirements which
may be included in order. (a) The protection or restraint order may set forth reasonable conditions
of behavior to be observed by a person who is a parent, legal guardian, legal custodian, or
other person legally responsible for the care of the child subject to a juvenile court proceeding,
or the spouse of the parent, or spouse of any other person legally responsible for the care
of the child, or relatives of any of the above, or residents of the home of the child, or
any other person. (b) The protection or restraint order, among other things, may require any
person or persons to do any of the following: (1) Stay away from the home in which the child
subject to a juvenile court proceeding resides, the family or the child. (2) Vacate the home
in which the child subject to a juvenile court proceeding...
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12-15-207
Section 12-15-207 Filing of petition and conduct of hearing as to necessity for continuation
of detention or shelter care of a child; violation of probation and aftercare. (a) When a
child is not released from detention or shelter care as provided in Section 12-15-127,
a petition shall be filed and a hearing held within 72 hours of placement in detention or
shelter care, Saturdays, Sundays, and holidays included, to determine probable cause and to
determine whether or not continued detention or shelter care is required. (b) Notice of the
detention or shelter care hearing, either verbal or written, stating the date, time, place,
and purpose of the hearing and the right to counsel shall be given by a juvenile probation
officer to the parent, legal guardian, or legal custodian if they can be found and to the
child if the child is over 12 years of age . (c) At the commencement of the detention or shelter
care hearing, the juvenile court shall advise the parent, legal guardian, legal...
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12-17-330
Section 12-17-330 Appointment; rehearing; ratification of findings and recommendations.
(a) The Administrative Director of Courts may authorize one or more referee positions in any
judicial circuit on either a full-time or a part-time basis upon submission of a written request
by the presiding circuit court judge and upon consideration of funding and the number of child
support cases in the domestic relations division of the circuit court, including cases brought
pursuant to Title IV-D of the Social Security Act. Once the Administrative Director of Courts
approves the request, the presiding judge of the circuit court may appoint an attorney the
judge believes to be qualified to fill the position, subject to the approval of the Administrative
Director of Courts. The amount to be paid the referee and the manner of payment shall be determined
by the Administrative Director of Courts. (b) The presiding judge of the circuit court may
direct that the referee hear child support cases in the...
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30-3-169.3
Section 30-3-169.3 Change of custody. (a) Upon the entry of a temporary order or upon
final judgment permitting the change of principal residence of a child, a court may consider
a proposed change of principal residence of a child as a factor to support a change of custody
of the child. In determining whether a proposed or actual change of principal residence of
a minor child should cause a change in custody of that child, a court shall take into account
all factors affecting the child, including, but not limited to, the following: (1) The nature,
quality, extent of involvement, and duration of the child's relationship with the person proposing
to relocate with the child and with the non-relocating person, siblings, and other significant
persons or institutions in the child's life. (2) The age, developmental stage, needs of the
child, and the likely impact the change of principal residence of a child will have on the
child's physical, educational, and emotional development, taking into...
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