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22-11A-32
Section 22-11A-32 Commitment petition - Findings; rehearing; confinement when no treatment
available. (a) If, at the final hearing, upon a petition seeking to commit a person to the
custody of the Alabama Department of Public Health or such other facility as the court may
order, the probate judge, on the basis of clear and convincing evidence, shall find: (1) That
the person sought to be committed has been exposed or is afflicted with one of the diseases
designated in this article; (2) That the person has refused testing or voluntary treatment;
(3) That, as a consequence of the disease, the person is dangerous to himself and the health
of the community; (4) That the person conducts himself so as to expose others to the disease;
(5) That treatment is available for the person's illness if confined or that confinement is
necessary to prevent further spread of the disease; and (6) That commitment is the least restrictive
alternative necessary and available for the treatment of the person's...
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26-17-607
Section 26-17-607 Action to disprove parentage when there is a presumed father. (a) Except
as otherwise provided in subsection (b), a presumed father may bring an action to disprove
paternity at any time. If the presumed father persists in his status as the legal father of
a child, neither the mother nor any other individual may maintain an action to disprove paternity.
(b) A presumption of paternity under this section may be rebutted in an appropriate action
only by clear and convincing evidence. In the event two or more conflicting presumptions arise,
that which is founded upon the weightier considerations of public policy and logic, as evidenced
by the facts, shall control. The presumption of paternity is rebutted by a court decree establishing
paternity of the child by another man. (Act 2008-376, p. 666, §2.)...
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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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45-35-232.29
Section 45-35-232.29 Revocation of release - Violation of condition of release. (a) A person
who has been conditionally released pursuant to this subpart and who has violated a condition
of release, shall be subject to revocation of release and, in addition, may be prosecuted
for contempt of court. (b) A proceeding for revocation of release may be initiated upon notice
to the district attorney by the warrant magistrate, assistant warrant magistrate, or any other
person responsible for administering this subpart. A warrant for the arrest of a person charged
with violating a condition of release may be issued by an officer authorized to issue warrants,
on the affidavit of a person responsible for administering this subpart. The person arrested
under a warrant shall be brought before a judicial officer in the county. An order of revocation
shall not be entered unless, after hearing, the judicial officer finds that there is clear
and convincing evidence that the person has violated a...
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45-36-232.30
Section 45-36-232.30 Revocation of release - Violation of condition of release. a) A person
who has been conditionally released pursuant to Section 45-36-232.28 and who has violated
a condition of release, shall be subject to revocation of release and, in addition, may be
prosecuted for contempt of court. (b) Proceedings for revocation of release may be initiated
upon notice by the warrant magistrate, assistant warrant magistrate, or any person responsible
for administering this subpart, to the district attorney. A warrant for the arrest of a person
charged with violating a condition of release may be issued by an officer authorized to issue
warrants, on the affidavit of the district attorney or any assistant district attorney, or
on the affidavit of any person responsible for administering this subpart. The person arrested
under such a warrant shall be brought before a judicial officer in the county. No order of
revocation shall be entered unless, after hearing, the judicial officer...
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45-45-233.30
Section 45-45-233.30 Revocation of release - Violation of condition of release. (a) A person
who has been conditionally released pursuant to Section 45-45-233.28 and who has violated
a condition of release, shall be subject to revocation of release and, in addition, may be
prosecuted for contempt of court. (b) Proceedings for revocation of release may be initiated
upon notice by the warrant magistrate, assistant warrant magistrate, or any person responsible
for administering this subpart, to the district attorney. A warrant for the arrest of a person
charged with violating a condition of release may be issued by an officer authorized to issue
warrants, on the affidavit of the district attorney or any assistant district attorney, or
on the affidavit of any person responsible for administering this subpart. The person arrested
under such a warrant shall be brought before a judicial officer in the county. No order of
revocation shall be entered unless, after hearing, the judicial officer...
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45-49-235.10
Section 45-49-235.10 Revocation of release - Violations of conditions. (a) A person who has
been conditionally released pursuant to this part and who has violated a condition of release,
shall be subject to revocation of the release and, in addition, may be prosecuted for contempt
of court. (b) Proceedings for revocation of release may be initiated upon notice to the district
attorney by the warrant magistrate, assistant warrant magistrate, or any other person responsible
for administering this part. A warrant for the arrest of a person charged with violating a
condition of release may be issued by an officer authorized to issue warrants, upon the affidavit
of the district attorney or any assistant district attorney, or upon the affidavit of any
person responsible for administering this part. The person arrested under such a warrant shall
be brought before a judicial officer. No order of revocation shall be entered unless, after
the hearing, the judicial officer finds that there is...
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36-19-43
Section 36-19-43 Insurer or agents not liable for compliance with division; confidentiality;
testimony; violations. (a) In the absence of fraud or malice, no insurer, or person who furnishes
information on its behalf, shall be liable for damages in a civil action or subject to criminal
prosecution for any oral or written statement made or any other action taken that is necessary
to supply information required by this article. (b) The officials and departmental and agency
personnel receiving any information furnished pursuant to this article shall hold the information
in confidence until such time as its release is required pursuant to a criminal or civil proceeding.
(c) Any official referred to in Section 36-19-41 may be required to testify as to any information
in his possession regarding the fire loss of real or personal property in any civil action
in which any person seeks recovery under a policy against an insurance company for the fire
loss. (d) No person shall purposely refuse...
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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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2-17-31
Section 2-17-31 Admissibility of evidence of violations of chapter or regulations promulgated
thereunder in civil actions for damages against persons, firms, etc., subject thereto. It
shall be competent evidence in any civil action brought for damages against any person, firm
or corporation regulated by this chapter to prove that such person, firm or corporation has
violated any term or provision of this chapter or any regulation promulgated under this chapter
where such act or failure to act is proximately related to the injury or loss for which damages
are claimed, but proof of any acts or failure to act which may constitute a violation of any
term or provision of this chapter or of any regulation promulgated under this chapter shall
not constitute prima facie proof of negligence in any such action against the party sought
to be charged with damages. (Acts 1969, No. 1049, p. 1939, §31.)...
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