44-1-31
Section 44-1-31 Guardianship of youth in custody of department. If, at any time while legal custody of a youth is vested in the department of youth services, the department learns that he or she, for any reason does not have a natural or adoptive parent in a position to exercise effective guardianship or a legally appointed guardian of his or her person, the department may thereupon file a petition in the appropriate court for the appointment of a guardian of the person or property of such youth. No officer or employee of the department shall accept appointment as the guardian of a youth whose legal custody is vested in the department. (Acts 1973, No. 816, p. 1261, §22.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/44-1-31.htm - 986 bytes - Match Info - Similar pages
12-15-314
care to participate in activities that are age or developmentally appropriate for the child based on a reasonable and prudent parent standard, provided the activities are consistent with provisions of any existing court order, individualized service plan, or promulgated policy of the department that provides guidance to caregivers concerning the reasonable and prudent parent standard. The guidance shall include factors for the caregiver to consider prior to allowing a child to participate in age or developmentally appropriate normal childhood activities. (2) A caregiver shall be immune from liability in a civil action to recover damages for injury, death, or loss to person or property that results from a caregiver's decisions using a reasonable and prudent parent standard. This subsection shall not be construed to remove or limit any existing liability protection provided by law. (Act 2008-277, p. 441, §18; Act 2010-712, p. 1744, §13; Act 2016-129, p. 290, §1; Act 2018-273, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-314.htm - 17K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-208.htm - 10K - Match Info - Similar pages
34-13-11
than one surviving grandparent, a majority of the surviving grandparents. Less than a majority of the surviving grandparents may be vested with the rights and duties of this section if reasonable efforts have been made to notify all surviving grandparents of the instructions and a majority of the surviving grandparents are not aware of any opposition to the instructions. (9) The guardian of the decedent at the time of the death of the decedent, if a guardian had been appointed. (10) The personal representative of the estate of the decedent. (11) The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one person of the same degree, any person of that degree may exercise the right of disposition. (12) The public officer, administrator, or employee responsible for arranging the final disposition of the remains of the decedent if the disposition of the remains...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-13-11.htm - 10K - Match Info - Similar pages
12-15-215
Section 12-15-215 Disposition of delinquent children or children in need of supervision generally. (a) If the juvenile court finds on proof beyond a reasonable doubt, based upon competent, material, and relevant evidence, that a child committed the acts by reason of which the child is alleged to be delinquent or in need of supervision, it may proceed immediately to hear evidence as to whether the child is in need of care or rehabilitation and to file its findings thereon. In the absence of evidence to the contrary, a finding that the child has committed an act which constitutes a felony is sufficient to sustain a finding that the child is in need of care or rehabilitation. If the juvenile court finds that the child is not in need of care or rehabilitation, it shall dismiss the proceedings and discharge the child from any detention or other temporary care theretofore ordered. If the juvenile court finds that the child is in need of care or rehabilitation, it may make any of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-215.htm - 8K - Match Info - Similar pages
12-15-102
law. This term shall not apply to any of the following: a. An offense when committed by a child 16 or 17 years of age as follows: 1. A nonfelony traffic offense or water safety offense other than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal ordinance prohibiting the same conduct. 2. A capital offense. 3. A Class A felony. 4. A felony which has as an element the use of a deadly weapon. 5. A felony which has as an element the causing of death or serious physical injury. 6. A felony which has as an element the use of a dangerous instrument against any person who is one of the following: (i) A law enforcement officer or official. (ii) A correctional officer or official. (iii) A parole or probation officer or official. (iv) A juvenile court probation officer or official. (v) A district attorney or other prosecuting officer or official. (vi) A judge or judicial official. (vii) A court officer or official. (viii) A person who is a grand juror, juror, or witness...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-102.htm - 12K - Match Info - Similar pages
12-15-301
is a relative of the child and has been providing care and support for the child while the child has been residing in the home of the caregiver for at least the last six consecutive months while in the legal custody of the Department of Human Resources or a designated official for a child-placing agency or a successor guardian. (4) CHILD ABUSE. Harm or the risk of harm to the emotional health, physical health, or welfare of a child, which can occur through nonaccidental physical or mental injury, sexual abuse, or attempted sexual abuse or sexual exploitation or attempted sexual exploitation. (5) CHILD-PLACING AGENCY. The same as the term is defined in subdivision (3) of Section 38-7-2. (6) ELIGIBLE CHILD. In addition to the definition of child in subdivision (3) of Section 12-15-102, an individual under 18 years of age who has been residing with the caregiver for at least the last six consecutive months while in the legal custody of the Department of Human Resources. (7) FORENSIC...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-301.htm - 7K - Match Info - Similar pages
30-3-4.2
Section 30-3-4.2 Grandparent visitation. (a) For the purposes of this section, the following words have the following meanings: (1) GRANDPARENT. The parent of a parent, whether the relationship is created biologically or by adoption. (2) HARM. A finding by the court, by clear and convincing evidence, that without court-ordered visitation by the grandparent, the child's emotional, mental, or physical well-being has been, could reasonably be, or would be jeopardized. (b) A grandparent may file an original action in a circuit court where his or her grandchild resides or any other court exercising jurisdiction with respect to the grandchild or file a motion to intervene in any action when any court in this state has before it any issue concerning custody of the grandchild, including a domestic relations proceeding involving the parent or parents of the grandchild, for reasonable visitation rights with respect to the grandchild if any of the following circumstances exist: (1) An action for...
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33-18-1
of the ACT Basin, and to share this information among the commission members and with others; (10) To cooperate with appropriate state, federal, and local agencies or any other person in the development, ownership, sponsorship, and operation of water resource facilities in the ACT Basin; provided, however, that the commission shall not own or operate a federally-owned water resource facility unless authorized by the United States Congress; (11) To acquire, receive, hold and convey such personal and real property as may be necessary for the performance of its duties under the compact; provided, however, that nothing in this compact shall be construed as granting the ACT Basin Commission authority to issue bonds or to exercise any right of eminent domain or power of condemnation; (12) To establish and modify an allocation formula for apportioning the surface waters of the ACT Basin among the States of Alabama and Georgia; and (13) To perform all functions required of it by this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/33-18-1.htm - 33K - Match Info - Similar pages
33-19-1
of the ACF Basin, and to share this information among the commission members and with others; (10) To cooperate with appropriate state, federal, and local agencies or any other person in the development, ownership, sponsorship, and operation of water resource facilities in the ACF Basin; provided, however, that the commission shall not own or operate a federally-owned water resource facility unless authorized by the United States Congress; (11) To acquire, receive, hold and convey such personal and real property as may be necessary for the performance of its duties under the compact; provided, however, that nothing in this compact shall be construed as granting the ACF Basin Commission authority to issue bonds or to exercise any right of eminent domain or power of condemnation; (12) To establish and modify an allocation formula for apportioning the surface waters of the ACF Basin among the States of Alabama, Florida and Georgia; and (13) To perform all functions required of it by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/33-19-1.htm - 33K - Match Info - Similar pages
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