Code of Alabama

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12-15-108
Section 12-15-108 Liability of counties for expenses of maintenance and care of children under
the jurisdiction of the juvenile court pursuant to this chapter; reimbursement. Except as
otherwise provided in this chapter, all expenses necessary or appropriate to the carrying
out of the purposes and intent of this chapter and all expenses of maintenance and care of
children under the jurisdiction of the juvenile court pursuant to this chapter that may be
incurred by order of the juvenile court in carrying out the provisions and intent of this
chapter (except costs paid by parents, legal guardians, legal custodians, or trustees and
court costs as provided by law) shall be valid charges and preferred claims against the county
. These claims shall be paid by the county treasurer when itemized and sworn to by the creditor
or other persons knowing the facts in the case and when approved by the juvenile court. Notwithstanding
the foregoing, a municipality shall reimburse the county the actual...
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38-12-32
Section 38-12-32 Definitions. As used in this article, the following terms shall have the following
meanings: (1) CAREGIVER. An individual 21 years of age or older, other than a child's parent,
legal guardian, or legal custodian who is an approved foster parent, who is a relative of
the child, and who has been providing care and support for the child while the child has been
residing in the caregiver's home for at least the last six consecutive months while in the
legal custody of the Department of Human Resources, a designated official for a child-placing
agency, or a successor guardian. (2) CHILD. An individual under 18 years of age who is in
foster care with the caregiver and over whom a court has exercised continuing jurisdiction.
(3) COURT. The juvenile court. (4) DEPARTMENT. The Department of Human Resources. (5) KINSHIP
GUARDIAN. A caregiver who is willing to assume care of a child because of parental incapacity
of a parent, legal guardian, legal custodian, or other dependency...
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12-15-120
Section 12-15-120 Cases initiated by filing of petitions by juvenile court intake officers.
(a) Delinquency, child in need of supervision, and dependency cases and proceedings pursuant
to Section 12-15-132 before the juvenile court shall be initiated by the filing of a petition
by the juvenile court intake officer who shall receive verified complaints and proceed thereon
pursuant to rules of procedure adopted by the Supreme Court of Alabama. (b) A petition alleging
that a child is a delinquent child, dependent child, or a child in need of supervision shall
not be filed by a juvenile court intake officer unless the juvenile court intake officer has
determined and endorsed upon the petition that the juvenile court has subject matter jurisdiction
and venue over the case and that the filing of the petition is in the best interests of the
public and the child. (Acts 1975, No. 1205, p. 2384, §5-114; §12-15-50; amended and renumbered
by Act 2008-277, p. 441, §7.)...
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38-12-31
Section 38-12-31 Legislative findings. The Legislature finds and declares the following: (1)
There exists in this state a number of children who cannot reside with their parents, legal
guardians, or legal custodians because of such parents', legal guardians', or custodians'
incapacity or inability to perform the regular and expected functions of care and support
of the children and family care and who thereby come to the attention of juvenile court and
into the care and custody of the Department of Human Resources. (2) An increasing number of
relatives, including grandparents, find themselves wanting to provide care to related foster
children on a long-term basis to prevent the children from remaining in foster care with unrelated
caregivers yet these relatives are either unable or unwilling to seek termination of the legal
relationships between the parent and the child, particularly when it is the caregiver's own
child or sibling who is the parent. (3) It is in the public interest to...
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12-15-201
Section 12-15-201 Definitions. For purposes of this article, the following terms and phrases
shall have the following meanings: (1) AVERAGE COST OF DETENTION. The average cost of detention
of children as determined from experience in Alabama and as computed by the Department of
Youth Services. (2) CONSENT DECREE. An order, entered after the filing of a delinquency or
child in need of supervision petition and before the entry of an adjudication order, suspending
the proceedings and placing the child under supervision pursuant to terms and conditions agreed
to between the child and his or her parent, legal guardian, or legal custodian and approved
by the juvenile court. (3) NONOFFENDER. A child who is subject to the jurisdiction of the
juvenile court for reasons other than the legally prohibited conduct of the child. (4) STATUS
OFFENDER. A status offender is an individual who has been charged with or adjudicated for
conduct that would not, pursuant to the law of the jurisdiction in which...
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12-15-313
Section 12-15-313 Ordering and preparation of report concerning a child and family; ordering,
conduct, and certification of findings of physical or mental examination of child prior to
hearing on petition generally; examination of parent, legal guardian, or legal custodian after
hearing where ability to care for or supervise child at issue. (a) After a petition alleging
dependency has been filed, the juvenile court may direct that a study and report to the juvenile
court be made by the Department of Human Resources with recommendations concerning the child,
his or her family, his or her environment, and other matters relevant to the need for treatment
or disposition of the case. (b) Where there are indications that the child may be physically
ill or a child with mental illness or an intellectual disability, on its own motion or motion
of a party, may order the child to be examined at a suitable place by a physician, psychiatrist,
psychologist, or other qualified examiner under the...
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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing
on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile
probation officer, may file a motion requesting the juvenile court judge to transfer a child
for criminal prosecution to the circuit or district court, if the child was 14 or more years
of age at the time of the conduct charged and is alleged to have committed an act which would
constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile
court judge shall conduct a hearing on all motions for the purpose of determining whether
it is in the best interests of the child or the public to grant the motion. Only if there
are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
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12-15-121
Section 12-15-121 Form, contents, and execution of juvenile petitions. (a) A juvenile petition
alleging delinquency, in need of supervision, or dependency may be signed by any person 18
years of age or older, other than a juvenile court intake officer, who has knowledge of the
facts alleged or is informed of them and believes that they are true. However, the person
signing a dependency petition, in the petition or in an attached affidavit, shall give information,
if reasonably ascertainable, as required in Section 30-3B-209. (b) A petition shall be entitled
"In the matter of _____, a child" and shall be made under oath. (c) The petition
shall set forth with specificity all of the following: (1) The facts which bring the child
under the jurisdiction of the juvenile court, the facts constituting the alleged dependency,
delinquency, or need of supervision and the facts showing that the child is in need of supervision,
treatment, rehabilitation, care, or the protection of the state, as the...
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12-15-318
Section 12-15-318 Service of process. (a) Except as otherwise provided by the Alabama Rules
of Juvenile Procedure and this section, service of process of termination of parental rights
actions shall be made in accordance with the Alabama Rules of Civil Procedure. (b) If service
of process has not been completed within 45 days of the filing of the termination of parental
rights petition, the petitioner shall request service by publication. (c) Service of process
by publication may not be ordered by the juvenile court unless at least one of the following
conditions is met: (1) The child who is the subject of the proceedings was abandoned in the
state, or (2) The state or private department or agency having custody of the child has established,
by evidence presented to the juvenile court, that the absent parent or parents are avoiding
service of process or their whereabouts are unknown and cannot be ascertained with reasonable
diligence. (d) Service shall be made by publication in a...
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38-13-3
Section 38-13-3 Criminal history background information check required for certain individuals;
exemptions. (a) On November 1, 2000, every employer, child care facility, adult care facility,
the Department of Human Resources, and child placing agency shall request the Alabama State
Law Enforcement Agency to conduct a criminal history background information check for the
following: (1) An employment applicant, employee or volunteer of an employer, child care facility,
adult care facility, or child placing agency. (2) A current foster parent for a child or adult
or adult household member of a foster family or applicant and an adult household member of
a foster family seeking approval to operate as a foster parent or foster family home for a
child placing agency or the Department of Human Resources. Unless otherwise provided in this
chapter, no criminal history background information check shall be conducted on a current
foster parent or household member of a foster family if a Federal...
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