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12-23A-10
Section 12-23A-10 Collection and maintenance of information; fees, costs, and restitution;
annual audit. (a) A drug court shall collect and maintain the following information for each
drug offender that is considered for admission or admitted into drug court: (1) Prior criminal
history. (2) Prior substance abuse treatment history, including information on the success
or failure of the drug offender in those programs. (3) Employment, education, and income histories.
(4) Gender, race, ethnicity, marital and family status, and any child custody and support
obligations. (5)a. Instances of recidivism occurring after successful completion of drug court.
Recidivism shall be measured at a period of three years after successful graduation. b. Instances
of recidivism occurring after a drug offender's termination in drug court for a period of
three years from release into the community. (6) The drug of choice and the estimated daily
financial cost to the drug offender at the time of entry into...
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26-21-2
Section 26-21-2 Definitions. For purposes of this chapter, the following definitions shall
apply: (1) MINOR. Any person under the age of 18 years; (2) EMANCIPATED MINOR. Any minor who
is or has been married or has by court order otherwise been legally freed from the care, custody,
and control of her parents; (3) ABORTION. The use or prescription of any instrument, medicine,
drug, or any other substance or device with the intent to terminate the pregnancy of a woman
known to be pregnant with knowledge that the termination by those means will with reasonable
likelihood cause the death of the unborn child. Such use or prescription is not an abortion
if done with the intent to save the life or preserve the health of an unborn child, remove
a dead unborn child, or to deliver the unborn child prematurely in order to preserve the health
of both the mother (pregnant woman) and her unborn child. The term "abortion" as
used herein does not include a procedure or act to terminate the pregnancy of...
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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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12-15-310
Section 12-15-310 Conduct of adjudicatory hearings. (a) An adjudicatory hearing is a hearing
at which evidence is presented for a juvenile court to determine if a child is dependent.
At the commencement of the hearing, if the parties are not represented by counsel, they shall
be informed of the specific allegations in the petition. The parties shall be permitted to
admit or deny the allegations prior to the taking of testimony. (b) If the allegations are
denied by the parties or if they fail to respond, the juvenile court shall proceed to hear
evidence on the petition. The juvenile court shall record its findings on whether the child
is dependent. If the juvenile court finds that the allegations in the petition have not been
proven by clear and convincing evidence, the juvenile court shall dismiss the petition. (c)
A statement made by a child under the age of 12 describing any act of child abuse committed
against the child, if it is not otherwise admissible by statute or court rule, is...
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12-15-315
Section 12-15-315 Permanency hearing for Department of Human Resources cases only. (a) Within
12 months of the date a child is removed from the home and placed in out-of-home care, and
not less frequently than every 12 months thereafter during the continuation of the child in
out-of-home care, the juvenile court shall hold a permanency hearing. The Department of Human
Resources shall present to the juvenile court at the hearing a permanent plan for the child.
The juvenile court shall consult with the child, in an age-appropriate manner, regarding the
permanency plan and any transition plan to independent living. If a permanent plan is not
presented to the juvenile court at this hearing, there shall be a rebuttable presumption that
the child should be returned home. This provision is intended to ensure that a permanent plan
is prepared by the Department of Human Resources and presented to the juvenile court within
12 months of the placement of any child in foster care and no less...
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15-23-60
initial consideration of pre-discretionary leave, passes, and furloughs. (5) COURT. All state
courts including juvenile courts. (6) CRIME VICTIM ADVOCATE. A person who is employed or authorized
by a public entity or a private entity that receives public funding primarily to provide counseling,
treatment, or other supportive assistance to crime victims. (7) CRIMINAL OFFENSE. Conduct
that gives a law enforcement officer or prosecutor probable cause to believe that a felony
involving physical injury, the threat of physical injury, or a sexual offense,
or any offense involving spousal abuse or domestic violence has been committed. (8) CRIMINAL
PROCEEDING. A hearing, argument, or other matter scheduled by and held before a trial court
but does not include a lineup, grand jury proceeding, or other matter not held in the presence
of the court. (9) CUSTODIAL AGENCY. A municipal or county jail, the State Department of Corrections,
juvenile detention facility, Department of Youth Services, the...
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22-6-13
Section 22-6-13 Medicaid benefits for county inmates and certain juveniles. (a) For the purposes
of this section, the following words have the following meanings: (1) COUNTY INMATE. Any person
being held in a public institution under the administrative control and responsibility of
the county sheriff and for whom the county is responsible for the provision of medical care.
The term includes a person in custody while awaiting arraignment or bond, a pretrial detainee,
a convicted person who is awaiting transfer to but has not otherwise become the responsibility
of the Department of Corrections, or a person serving his or her sentence in the county jail.
(2) INPATIENT. This term as defined in 42 C.F.R. ยง 435.1010, as may be amended. (3) JUVENILE.
Any child under the jurisdiction of the juvenile court who is detained in a public institution
and for whom the county is responsible for the provision of medical care pursuant to Section
12-15-108. (4) MEDICAL INSTITUTION. This term as defined...
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26-2B-210
Section 26-2B-210 Information to be submitted to court. (a) Except as otherwise provided in
this section, each party, in its first pleading or in an attached affidavit, shall give information,
if reasonably ascertainable, under oath as to the respondent's present address or whereabouts
and the places and addresses where the respondent has lived during the last five years. The
pleading or affidavit must state whether the party: (1) Has participated, as a party or witness
or in any other capacity, in any other proceeding concerning the guardianship or conservatorship
of the respondent and, if so, identify the court, the case number, and the date of the guardianship
or conservatorship determination, if any; (2) Knows of any proceeding that could affect the
current proceeding, including, but not limited to, proceedings for the establishment, modification,
termination, or enforcement of a protective order, and, if so, identify the court, the case
number, and the nature of the proceeding;...
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12-21-283
Section 12-21-283 Procedure for securing attendance of witness in another state at criminal
proceedings, etc., within state; fees and allowances; effect of failure of summoned witness
to attend and testify. (a) If a person in any state which, by its laws, has made provision
for commanding persons within its borders to attend and testify in criminal proceedings or
grand jury investigations commenced or about to be commenced in this state is a material witness
in a criminal proceeding pending in a court of record in this state or in a grand jury investigation
which has commenced or is about to commence, a judge of such court may issue a certificate
under the seal of the court stating these facts and specifying the number of days the witness
will be required. Said certificate may include a recommendation that the witness be taken
into immediate custody and delivered to an officer of this state to assure his attendance
in this state. This certificate shall be presented to a judge of a...
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26-2B-302
Section 26-2B-302 Accepting guardianship or conservatorship transferred from another state.
(a) To confirm transfer of a guardianship or conservatorship transferred to this state under
provisions similar to Section 26-2B-301, the guardian or conservator must petition the court
in this state to accept the guardianship or conservatorship. The petition must include the
following: (1) a certified copy of the other state's provisional order of transfer; (2) an
inventory of the protected person's estate as of the date of the petition including certified
records of all bank accounts in the protected person's estate as of the date of the petition;
(3) proof of the conservator's bond; and (4) any final accounting of the protected person's
estate which has been submitted in the prior jurisdiction. If no such accounting was required
by the transferring court, the petitioner must prepare and submit an accounting prior to acceptance.
(b) Notice of a petition under subsection (a) must be given to...
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