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12-15-128
Section 12-15-128 Authority and criteria for continuation of detention or shelter care of children
taken into custody beyond 72 hours. (a) An allegedly delinquent child, dependent child, or
child in need of supervision lawfully taken into custody shall immediately be released, upon
the ascertainment of the necessary facts, to the care, custody, and control of the parent,
legal guardian, or legal custodian of the child or other suitable person able to provide supervision
and care for the child, unless the juvenile court or juvenile court intake officer, subject
to the limitations in Section 12-15-208, finds any of the following: (1) The child has no
parent, legal guardian, legal custodian, or other suitable person able to provide supervision
and care for the child. (2) The release of the child would present a clear and substantial
threat of a serious nature to the person or property of others and where the child is alleged
to be delinquent. (3) The release of the child would present a...
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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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13A-13-8
Section 13A-13-8 Failure to report missing child. (a) This section shall be known and may be
cited as Caylee's Law. (b) For purposes of this section, the following terms shall have the
meanings respectively ascribed to them by this section: (1) ABDUCTION. The removal or retention
of a child without the consent of the child's custodian. (2) CHILD. A person who is less than
18 years of age. (3) CUSTODIAN. A child's father or mother, whether biological or adoptive,
a child's legally appointed guardian, or the spouse of a child's father, mother, or legally
appointed guardian. In the case where only one parent has legal custody, the term means the
parent with legal custody or his or her spouse. (4) GUARDIAN. A guardian as defined in Section
26-2A-20. (5) LOST CHILD. A child who is unable to find his or her way back to his or her
custodian. (6) RUNAWAY CHILD. A child who voluntarily absents himself or herself from the
control of his or her custodian with intent to remain away indefinitely....
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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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41-13-7
Section 41-13-7 Identifying information of state employees on records available for public
inspection. (a) As used in this section, the following terms shall have the following meanings:
(1) EMPLOYEE. Any person who is regularly employed by the state and who is subject to the
provisions of the state Merit System or any person who is regularly employed by a criminal
justice agency or entity or by a law enforcement agency within the state or any honorably
retired employee thereof, to include, but not be limited to, the following: A judge of any
position, including a judge of a municipal court; a district attorney; a deputy district attorney;
an assistant district attorney; an investigator employed by a district attorney; an attorney,
investigator, or special agent of the Office of the Attorney General; a sheriff; a deputy
sheriff; a jailor; or a law enforcement officer of a county, municipality, the state, or special
district, provided the law enforcement officer is certified by the...
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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have the
following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE FACILITY.
A person or entity holding a Department of Human Resources license or approval or certification
to provide care, including foster care, for adults. (3) APPLICANT. A person or entity who
submits an application for license as a child care or adult care facility to the Department
of Human Resources or a child placing agency, or an application for employment or for a volunteer
position to a Department of Human Resources licensed child care or adult care facility. With
regard to child care and adult care facilities in a home setting, the term includes an adult
household member whose residence is in the home. The term also includes an individual who
submits an application for a volunteer position or for employment with the Department of Human
Resources in a position in which the person has unsupervised...
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13A-11-72
Section 13A-11-72 Certain persons forbidden to possess pistol. (a) No person who has been convicted
in this state or elsewhere of committing or attempting to commit a crime of violence, misdemeanor
offense of domestic violence, violent offense as listed in Section 12-25-32(15), anyone who
is subject to a valid protection order for domestic abuse, or anyone of unsound mind shall
own a firearm or have one in his or her possession or under his or her control. (b) No person
who is a minor, except under the circumstances provided in this section, a drug addict, or
an habitual drunkard shall own a pistol or have one in his or her possession or under his
or her control. (c) Subject to the exceptions provided by Section 13A-11-74, no person shall
knowingly with intent to do bodily harm carry or possess a deadly weapon on the premises of
a public school. (d) Possession of a deadly weapon with the intent to do bodily harm on the
premises of a public school in violation of subsection (c) of this...
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12-15-210
Section 12-15-210 Notification to children of right to counsel; appointment of counsel by juvenile
court. (a) In delinquency and child in need of supervision cases, a child and his or her parent,
legal guardian, or legal custodian shall be advised by the juvenile court or its representative
at intake that the child has the right to be represented at all stages of the proceedings
by a child's attorney retained by them or, if they are unable to afford a child's attorney,
by a child's attorney appointed by the juvenile court. (b) If a child's attorney is not retained
by the child or a party in a juvenile court proceeding in which there is a reasonable likelihood
such may result in a placement in an institution in which the freedom of the child is curtailed,
a child's attorney shall be appointed to defend the child. (c) In delinquency and child in
need of supervision proceedings, a juvenile court may appoint a guardian ad litem in addition
to the child's attorney described in this section....
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12-15-202
Section 12-15-202 Rights of the child. (a) Rights of the child when taken into custody. When
a child is taken into custody, the person taking the child into custody shall inform the child
of all of the following, in language understandable to the child: (1) The reason that the
child is being taken into custody. (2) That the child has the right to communicate with his
or her parent, legal guardian, or legal custodian whether or not that person is present. If
necessary, reasonable means will be provided for the child to do so. (3) The child has the
right to communicate with an attorney. If the child does not have an attorney, one will be
appointed for him or her. If the child has an attorney who is not present, reasonable means
shall be provided for the child to communicate with the attorney. (b) Rights of the child
before being questioned while in custody. Before the child is questioned about anything concerning
the charge on which the child was taken into custody, the person asking the...
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12-15-211
Section 12-15-211 Suspension of proceedings and continuation of cases under terms and conditions
agreed to by parties. (a) The juvenile court may suspend delinquency or child in need of supervision
proceedings pursuant to a consent decree. The terms and conditions of the consent decree shall
be agreed to by the child and his or her parent, legal guardian, or legal custodian. The consent
decree shall be entered at any time after the filing of a delinquency or child in need of
supervision petition and before the entry of an adjudication order. The child and his or her
parent, legal guardian, or legal custodian shall be advised of their rights, including the
right to counsel. (b) Where an objection is made by the prosecutor, the juvenile court, after
considering the objection and the reasons therefor, shall proceed to determine whether it
is appropriate to enter a consent decree. (c) A consent decree shall remain in force for six
months unless the child is discharged sooner by the...
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