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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
witness or for return to their lawful residence or country of citizenship shall be reported
as violations of the deinstitutionalization of status offender requirement. (3) NONOFFENDERS.
Nonoffenders, as defined in this article, shall not be detained or confined in secure custody.
(4) CHILDREN 10 YEARS OF AGE AND YOUNGER. Children 10 years of age and younger shall not be
detained or confined in secure custody, unless the children are charged with offenses causing
death or serious bodily injury to persons or offenses that would be classified as Class
A felonies if committed by adults. Children 11 or 12 years of age may only be detained or
confined in secure custody by orders of juvenile courts, unless the children are charged with
offenses causing death or serious bodily injury to persons or offenses that would be
classified as Class A felonies if committed by adults. (b) Persons who may be detained or
confined in secure custody include all of the following: (1) Persons who violate...
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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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