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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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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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30-3B-109
Section 30-3B-109 Appearance and limited immunity. (a) When making a special appearance
a party to a child custody proceeding, including a modification proceeding, or a petitioner
or respondent in a proceeding to enforce or register a child custody determination, is not
subject to personal jurisdiction in this state for another proceeding or purpose solely by
reason of having participated, or of having been physically present for the purpose of participating,
in the proceeding. (b) A person who is subject to personal jurisdiction in this state on a
basis other than physical presence is not immune from service of process in this state. A
party present in this state who is subject to the jurisdiction of another state is not immune
from service of process allowable under the laws of that state. (c) The immunity granted by
subsection (a) does not extend to civil litigation based on acts unrelated to the participation
in a proceeding under this chapter committed by an individual while...
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30-3B-305
Section 30-3B-305 Registration of child custody determination. (a) A child custody determination
issued by a court of another state may be registered in this state, with or without a simultaneous
request for enforcement, by sending to the appropriate court in this state: (1) A letter or
other document requesting registration; (2) Two copies, including one certified copy, of the
determination sought to be registered, and a statement under penalty of perjury that to the
best of the knowledge and belief of the person seeking registration the order has not been
modified; and (3) Except as otherwise provided in Section 30-3B-209, the name and address
of the person seeking registration and any parent or person acting as a parent who has been
awarded custody or visitation in the child custody determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the registering court shall: (1)
Cause the determination to be filed as a foreign judgment, together...
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30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following
meanings: (1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD.
An unemancipated individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION.
A judgment, decree, or other order of a court providing for the legal custody, physical custody,
or visitation with respect to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order relating to child support or other
monetary obligation of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in
which legal custody, physical custody, or visitation with respect to a child is at issue.
The term includes a proceeding for divorce, dissolution of marriage, legal separation, neglect,
abuse, dependency, paternity, termination of parental rights, or protection from domestic
violence. The term does not include a court proceeding involving juvenile...
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30-3C-4
Section 30-3C-4 Actions for abduction prevention measures. (a) A court on its own motion
may order abduction prevention measures in a child-custody proceeding if the court finds that
the evidence establishes a credible risk of abduction of the child. (b) A party to a child-custody
determination or another individual or entity having a right under the law of this state or
any other state to seek a child-custody determination for the child may file a petition seeking
abduction prevention measures to protect the child under this chapter. This chapter creates
no new requirement on the Department of Human Resources or any other social services agency
or entity to file a petition seeking abduction prevention measures on behalf of a child. (Act
2010-212, p. 339, ยง4.)...
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25-8-59
Section 25-8-59 Penalties; notice of violation and opportunity to show cause; hearing.
(a) Any employer who violates this chapter, or who fails or refuses to obey within a reasonable
time any lawful order or direction given by the state officials charged with the enforcement
of this chapter, and any parent, guardian, or custodian who suffers or permits a person under
his or her care or control who is under 19 years of age to work in violation of this chapter,
shall be subject to civil penalties in addition to other penalties provided in this chapter.
(b) The department may impose a civil penalty of three hundred dollars ($300) upon the following
determination: An employer has violated a statutory provision of Section 25-8-35(17),
25-8-36, 25-8-37, 25-8-38, 25-8-39, 25-8-40, 25-8-41, 25-8-44(a), 25-8-44(b), 25-8-45, 25-8-54,
25-8-57, 25-8-60, or 25-8-61. (c) The department may impose a civil penalty of one thousand
dollars ($1,000) to five thousand dollars ($5,000) upon the following...
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30-3B-310
Section 30-3B-310 Hearing and order. (a) Unless the court issues a temporary emergency
order pursuant to Section 30-3B-204, upon a finding that a petitioner is entitled to
immediate physical custody of the child, the court shall order that the petitioner may take
immediate physical custody of the child unless the respondent establishes that: (1) The child
custody determination has not been registered and confirmed under Section 30-3B-305
and that: a. The issuing court did not have jurisdiction under Article 2; b. The child custody
determination for which enforcement is sought has been vacated, stayed, or modified by a court
of a state having jurisdiction to do so under Article 2; or c. The respondent was entitled
to notice, but notice was not given in accordance with the standards of Section 30-3B-108,
in the proceedings before the court that issued the order for which enforcement is sought;
or (2) The child custody determination for which enforcement is sought was registered and...
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30-3D-307
Section 30-3D-307 Duties of support enforcement agency. (a) A support enforcement agency
of this state, upon request, shall provide services to a petitioner in a proceeding under
this chapter. (b) A support enforcement agency of this state that is providing services to
the petitioner shall: (1) take all steps necessary to enable an appropriate tribunal of this
state, another state, or a foreign country to obtain jurisdiction over the respondent; (2)
request an appropriate tribunal to set a date, time, and place for a hearing; (3) make a reasonable
effort to obtain all relevant information, including information as to income and property
of the parties; (4) within seven days, exclusive of Saturdays, Sundays, and legal holidays,
after receipt of notice in a record from an initiating, responding, or registering tribunal,
send a copy of the notice to the petitioner; (5) within seven days, exclusive of Saturdays,
Sundays, and legal holidays, after receipt of communication in a record from...
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38-7-11
Section 38-7-11 Inspection of facilities. The department shall have the right and its
authorized representatives shall be afforded reasonable opportunity, to inspect any child-care
facility seeking a license or an approval or a six-month permit pursuant to this chapter,
any child-care facility seeking a renewal of a license or an approval or a six-month permit
pursuant to this chapter and any child-care facility which is operating under a license or
an approval or a six-month permit issued pursuant to this chapter. Such inspection shall include,
but not be limited to, premises, services, personnel, program, accounts and records, interviews
with agents and employees of the child-care facility being inspected and interviews with any
child or other person within the custody or control of said child-care facility. Such inspection
shall be made at any reasonable time, without prior notice, and as often as necessary to enforce
and administer the provisions of this chapter. It shall be the...
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