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12-15-402
Section 12-15-402 Authority and procedure. (a) The state, any county, any municipality,
or any governmental department or agency, including, but not limited to, the Department of
Human Resources or the Department of Youth Services, or any person, including a parent, legal
guardian, or legal custodian, may file a petition in the juvenile court to have any minor
or child, as defined in this chapter, committed to the custody of the department on the basis
that the minor or child is an individual with a mental illness or intellectual disability
and, as a consequence of that mental illness or intellectual disability, poses a real and
present threat of substantial harm to self or to others. (b) The petition shall be verified
and filed in the county in which the minor or child is located or resides, petitioning the
juvenile court to commit the minor or child to the custody of the department. (Acts 1975,
No. 1205, p. 2384, §5-137; Acts 1985, 2nd Ex. Sess., No. 85-928; §12-15-90; amended and...
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12-15-409
Section 12-15-409 Role of attorney as advocate; designation of facilities. (a) An attorney
representing the state, any county, or municipality or the Department of Youth Services or
the Department of Human Resources or an attorney representing the person or persons filing
a petition to have a minor or child committed may serve as the advocate in support of the
petition to commit in all matters regarding the petition. (b) At the final hearing upon a
petition seeking to commit a minor or child to the custody of the department on the basis
that the minor or child is mentally ill, the juvenile court may grant the petition if clear
and convincing evidence proves all of the following: (1) That the minor or child sought to
be committed is mentally ill. (2) That, as a consequence of the mental illness, the minor
or child poses a real and present threat of substantial harm to himself, herself, or to others.
(3) That the threat of substantial harm has been evidenced by a recent overt act. (4)...
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26-10A-16
Section 26-10A-16 Petition. (a) A petition for adoption shall be filed with the clerk
of the court within 30 days after the minor is placed with the prospective adoptive parent
or parents for purposes of adoption unless the minor is in custody of the Department of Human
Resources or a licensed child placing agency except that a petition for good cause shown may
be filed beyond the 30-day period. The petition shall be signed, and verified by each petitioner,
and shall allege: (1) The full name, age, and place of residence of each petitioner and, if
married, the place and date of marriage; (2) The date and place of birth of the adoptee, except
in the case of abandonment; (3) The birth name of the adoptee, any other names by which the
adoptee has been known, and the adoptee's proposed new name; (4) Where the adoptee is residing
at the time of the filing of the petition, and if the minor is not in the custody of a petitioner,
when he, she, or they intend to acquire custody; (5) That each...
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30-2-40
Section 30-2-40 Legal separation. (a) The court shall enter a decree of legal separation
if all of the following requirements are satisfied: (1) The court determines that the jurisdictional
requirements for the dissolution of a marriage have been met. (2) The court determines the
marriage is irretrievably broken or there exists a complete incompatibility of temperament
or one or both of the parties desires to live separate and apart. (3) To the extent that it
has jurisdiction to do so, the court has considered, approved, or provided for child custody,
and has entered an order for child support in compliance with Rule 32 of the Alabama Rules
of Judicial Administration. (b) A legal separation is a court determination of the rights
and responsibilities of a husband and wife arising out of the marital relationship. A decree
of legal separation does not terminate the marital status of the parties. (c) If a party files
a complaint for a decree of legal separation rather than a decree of...
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30-3-169.1
Section 30-3-169.1 Proceedings. (a) A person entitled to custody of or visitation with
a child may commence a proceeding objecting to a proposed change of the principal residence
of a child and seek a temporary or permanent order to prevent the relocation. (b) A non-parent
entitled to visitation with a child may commence a proceeding to obtain a revised schedule
of visitation, but may not object to the proposed change of principal residence of a child
or seek a temporary or permanent order to prevent the change. (c) A proceeding filed under
this section must be filed within 30 days of receipt of notice of a proposed change
of principal residence of a child, except that the court may extend or waive the time for
commencing such action upon a showing of good cause, excusable neglect, or that the notice
required by subsection (b) of Section 30-3-165 is defective or insufficient upon which
to base an action under this article. (d) Except as otherwise specifically provided in this
article,...
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12-15-502
Section 12-15-502 Referral of multiple needs child case to county team. After the filing
of a petition alleging that a child is delinquent, dependent, or in need of supervision, or
after the filing of a petition seeking mental commitment of a minor or child pursuant to Article
4, the juvenile court, on its own motion or motion of a party, may refer the above-referenced
child to the county team for recommendation if the petition alleged or evidence reveals to
the juvenile court that the child may be a multiple needs child. If the case involves a child
in need of supervision, or a status offender as defined in subdivision (4) of Section
12-15-201, who is at imminent risk of being placed in the legal or physical custody of the
Department of Human Resources, the juvenile court shall refer the case to the county team.
This referral may occur prior to any hearing, or the juvenile court may suspend proceedings
during the hearing or prior to disposition to review the findings and...
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12-15-101
Section 12-15-101 Purpose of the Alabama Juvenile Justice Act; short title; goals for
the juvenile court. (a) This chapter shall be known as the Alabama Juvenile Justice Act. The
purpose of this chapter is to facilitate the care, protection, and discipline of children
who come under the jurisdiction of the juvenile court, while acknowledging the responsibility
of the juvenile court to preserve the public peace and security. (b) In furtherance of this
purpose, the following goals have been established for the juvenile court: (1) To preserve
and strengthen the family of the child whenever possible, including improvement of the home
environment of the child. (2) To remove the child from the custody of his or her parent or
parents only when it is judicially determined to be in his or her best interests or for the
safety and protection of the public. (3) To reunite a child with his or her parent or parents
as quickly and as safely as possible when the child has been removed from the custody...
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12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
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12-15-302
Section 12-15-302 Venue generally. (a) Dependency proceedings shall be commenced in
the county where the child resides, in the county where the child is present when the proceedings
are commenced, or in the county where the acts that are the basis of the dependency petition
occurred. (b) Regardless of the county where the child currently resides, when a petition
is filed seeking to modify an award of custody or visitation pursuant to an adjudication of
dependency, and one of the individuals who was a party to the original proceeding still resides
in the county of the juvenile court of original jurisdiction, the petition shall be filed
in the juvenile court of the original jurisdiction. (c) When a petition is filed seeking to
modify an award of custody or visitation pursuant to an adjudication of dependency in which
all parties to the original action, including the child, no longer reside in the county of
original jurisdiction, the petition shall be filed in the county where the child...
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12-15-308
Section 12-15-308 Filing of petition and conduct of 72-hour hearing as to necessity
for continuation of shelter care of a child. (a) When a child alleged to be dependent has
been removed from the custody of the parent, legal guardian, or legal custodian and has not
been returned to same, a hearing shall be held within 72 hours from the time of removal, Saturdays,
Sundays, and holidays included, to determine whether continued shelter care is required. (b)
Notice of the 72-hour hearing requirement, either verbal or written, stating the date, time,
place, and purpose of the hearing and the right to counsel shall be given to the parent, legal
guardian, or legal custodian if he or she can be found. (c) At the commencement of the 72-hour
hearing requirement, the juvenile court shall advise the parent, legal guardian, or legal
custodian of the right to counsel and shall appoint counsel if the juvenile court determines
he or she is indigent. If the juvenile court already has not done so, it...
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