12-15-410
Section 12-15-410 Evidence in commitment proceedings for minor and child with an intellectual
disability. (a) At the final hearing upon a petition seeking to commit a minor or child to
the department on the basis that the minor or child is a person with an intellectual disability,
the juvenile court may grant the petition if clear and convincing evidence proves all of the
following: (1) The minor or child sought to be committed is a person with an intellectual
disability. (2) The minor or child is not mildly retarded, as defined by the department. (3)
The minor or child, if allowed to remain in the community, is likely to cause serious injury
to himself, herself, or others, or that adequate care, rehabilitation, and training opportunities
are available only at a facility provided by the department. (b) Upon these findings, the
juvenile court shall enter an order setting forth the findings, and may order the minor or
child committed to the custody of the department. (c) The commissioner...
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12-15-406
Section 12-15-406 Determination of placement of the minor or child. (a) At the time
that a minor or child sought to be committed is first brought before the juvenile court, the
juvenile court shall determine the placement of the minor or child pending further hearings.
No limitations shall be placed upon the minor or child unless limitations shall be necessary
to prevent the minor or child from doing substantial harm to self or to others or to prevent
the minor or child from leaving the jurisdiction of the juvenile court. (b) No child shall
be placed in a juvenile detention facility unless the child is charged with a delinquent act.
(c) The juvenile court may order the minor or child to be held in a public or private facility
pending receipt by the department. (d) The juvenile court shall order the minor or child to
appear at the times and places set for hearing the petition and may order and require the
minor or child to appear at designated times and places to be examined by medical...
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26-10A-18
Section 26-10A-18 Custody pending final decree. Once a petitioner has received the adoptee
into his or her home for the purposes of adoption and a petition for adoption has been filed,
an interlocutory decree shall be entered delegating to the petitioner (1) custody, except
custody shall be retained by the Department of Human Resources or the licensed child placing
agency which held custody at the time of the placement until the entry of the final decree
and (2) the responsibility for the care, maintenance, and support of the adoptee, including
any necessary medical or surgical treatment, pending further order of the court. This interlocutory
decree shall not stop the running of time periods prescribed in Section 26-10A-9. (Acts
1990, No. 90-554, p. 912, §18; Act 2002-417, p. 1061, §1.)...
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12-15-122
Section 12-15-122 Issuance and service of summonses generally; waiver of service of
summonses. (a) After a petition alleging delinquency, in need of supervision, or dependency
has been filed, the juvenile court shall direct the issuance of summonses to be directed to
the child if he or she is 12 or more years of age, to the parents, legal guardian, or other
legal custodian, and to other persons who appear to the juvenile court to be proper or necessary
parties to the proceedings, requiring them to appear personally before the juvenile court
at the time fixed to answer or testify as to the allegations of the petition. Where the legal
custodian is summoned, the parent or legal guardian, or both, shall also be served with a
summons. (b) A copy of the petition shall be attached to each summons. (c) The summons shall
direct the parents, legal guardian, or other legal custodian having the custody or control
of the child to bring him or her to the hearing. (d) An adult who is a party may...
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12-15-219
Section 12-15-219 Serious juvenile offenders; disposition; serious juvenile offender
review panel; facility and programs. (a) The juvenile court may find a child to be a serious
juvenile offender if: (1) The child is adjudicated delinquent and the delinquent act or acts
charged in the petition would constitute any of the following if committed by an adult: a.
A Class A felony. b. A felony resulting in serious physical injury as defined in subdivision
(14) of Section 13A-1-2. c. A felony involving deadly physical force as defined in
subdivision (6) of Section 13A-1-2; or a deadly weapon as defined in subdivision (7)
of Section 13A-1-2; or a dangerous instrument as defined in subdivision (5) of Section
13A-1-2. (2) The child has been adjudicated delinquent for an act which would constitute a
Class A or B felony or burglary in the third degree involving a residence and the child has
previously been adjudicated delinquent of two previous acts which would have been a Class
A or B felony or...
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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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12-15-319
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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12-15-320
Section 12-15-320 Dispositions. (a) Termination of parental rights cases shall be given
priority over other cases. The trial on the petition for termination of parental rights shall
be completed within 90 days after service of process has been perfected. The trial court judge
shall enter a final order within 30 days of the completion of the trial. (b) If the juvenile
court determines that the parents of a child are unwilling or unable to act as parents and
terminates their parental rights, it may do the following: (1) Transfer or continue the permanent
legal custody of the child to the Department of Human Resources or to any public or private
licensed child-placing agency able and willing to assume the care and maintenance of the child.
An order of the juvenile court which terminates parental rights and awards permanent legal
custody to the Department of Human Resources or to a licensed child-placing agency shall mean
that the Department of Human Resources or the licensed child-placing...
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30-3-168
Section 30-3-168 Failure to give notice. (a) Except as provided in Section 30-3-167,
if a person required to give notice as required by Section 30-3-163 or Section
30-3-164 shall fail to provide the notice or the information required by subsection (b) of
Section 30-3-165, the court shall consider the failure to provide such notice or information
as a factor in making its determination regarding the change of principal residence of a child;
a factor in determining whether custody or visitation should be modified; a factor for ordering
the return of the child to the former residence of the child if the change of principal residence
of a child has taken place without notice; a factor meriting a deviation from the child support
guidelines; a factor in awarding increased transportation and communication expenses with
the child; and a factor in considering whether the person seeking to change the principal
residence of a child may be ordered to pay reasonable costs and attorney's fees...
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38-12-34
Section 38-12-34 Subsidies - Authorized; eligibility. (a) Subject to rules adopted to
implement this article, the department may provide subsidies for an eligible child placed
in kinship guardianship by a court, or by a federally recognized Native American Indian tribe,
if the child would not be placed in a kinship guardianship without the assistance of the program.
(b) A child is an eligible child for a kinship guardianship subsidy if the department determines
the following: (1) The child has been removed from the custody of his or her parent or parents,
legal guardian, or legal custodian as a result of a judicial determination to the effect that
continuation in the custody of the parent or parents, legal guardian, or legal custodian would
be contrary to the welfare of the child. (2) The department is responsible for the placement
and care of the child. (3) Being returned home or being adopted are not appropriate permanent
options for the child. (4) Permanent placement with a kinship...
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