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12-15-306
Section 12-15-306 Removing a child from the custody of a parent, legal guardian, or legal custodian.
(a) A child may be removed by a law enforcement officer from the custody of a parent, legal
guardian, or legal custodian if there are reasonable grounds to believe any of the following:
(1) The child is suffering from an illness or injury or is in imminent danger from the surroundings
of the child and that the removal of the child is necessary for the protection of the health
and safety of the child. (2) The child has no parent, legal guardian, legal custodian, or
other suitable person able to provide supervision and care for the child. (b) The person removing
the child shall immediately deliver the child to the Department of Human Resources. (Act 2008-277,
p. 441, §18.)...
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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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12-15-308
Section 12-15-308 Filing of petition and conduct of 72-hour hearing as to necessity for continuation
of shelter care of a child. (a) When a child alleged to be dependent has been removed from
the custody of the parent, legal guardian, or legal custodian and has not been returned to
same, a hearing shall be held within 72 hours from the time of removal, Saturdays, Sundays,
and holidays included, to determine whether continued shelter care is required. (b) Notice
of the 72-hour hearing requirement, either verbal or written, stating the date, time, place,
and purpose of the hearing and the right to counsel shall be given to the parent, legal guardian,
or legal custodian if he or she can be found. (c) At the commencement of the 72-hour hearing
requirement, the juvenile court shall advise the parent, legal guardian, or legal custodian
of the right to counsel and shall appoint counsel if the juvenile court determines he or she
is indigent. If the juvenile court already has not done so, it...
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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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12-15-313
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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12-15-407
Section 12-15-407 Probable cause hearings for temporary confinement of the minor or child.
(a) If the juvenile court finds it necessary to temporarily confine or restrain the minor
or child, pending final hearing upon a petition for mental commitment of the minor or child
in the custody of any person, department, or agency other than his or her parent, legal guardian,
or legal custodian, the juvenile court at the time the confinement is ordered shall set the
matter for a hearing within seven days to determine if probable cause exists that the minor
or child should be committed. At the probable cause hearing, the juvenile court shall determine
if it is necessary to continue the restraint or confinement pending the final hearing. (b)
Upon a finding of probable cause that the minor or child should be committed, the juvenile
court shall enter an order so stating and setting the date, time, and place of the hearing
on the merits of the petition. (c) The final hearing shall be held on the...
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12-15-125
Section 12-15-125 Taking into custody of children generally. (a) A child or minor may be taken
into custody for any of the following reasons: (1) Pursuant to an order of the juvenile court.
(2) By a law enforcement officer having reasonable grounds to believe that the child or minor
has run away from a juvenile detention, residential, shelter, or other care facility. (3)
By a law enforcement officer having reasonable grounds to believe that the child or minor
is suffering from an illness or injury or is in immediate danger from the surroundings of
the child or minor and that the immediate removal of the child or minor from those surroundings
is necessary for the protection of the health and safety of the child or minor. (b) In addition
to the grounds listed in subsection (a), a child may also be taken into custody for any of
the following reasons: (1) By a law enforcement officer for an alleged delinquent act pursuant
to the laws of arrest; (2) By a law enforcement officer who has...
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26-15-2
Section 26-15-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) CHEMICAL SUBSTANCE. A substance intended to be used as a precursor in the manufacture
of a controlled substance, or any other chemical intended to be used in the manufacture of
a controlled substance. Intent under this subdivision may be demonstrated by the substance's
use, quantity, manner of storage, or proximity to other precursors, or to manufacturing equipment.
(2) CONTROLLED SUBSTANCE. Controlled substance as defined in subdivision (4) of Section 20-2-2.
(3) DRUG PARAPHERNALIA. Drug paraphernalia as defined in Section 13A-12-260. (4) RESPONSIBLE
PERSON. A child's natural parent, stepparent, adoptive parent, legal guardian, custodian,
or any other person who has the permanent or temporary care or custody or responsibility for
the supervision of a child. (5) SERIOUS PHYSICAL INJURY. Serious physical injury as defined
in Section 13A-1-2. (Acts 1977, No. 502, p. 658, §2;...
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16-28-3
Section 16-28-3 Ages of children required to attend school; exemption for church school students;
transfer students. (a) Except as otherwise provided in subsection (b), every child between
the ages of six and 17 years shall be required to attend a public school, private school,
church school, or be instructed by a competent private tutor for the entire length of the
school term in every scholastic year except that, prior to attaining his or her 16th birthday
every child attending a church school as defined in Section 16-28-1 is exempt from the requirements
of this section, provided the child complies with enrollment and reporting procedures specified
in Section 16-28-7. Admission to public school shall be on an individual basis on the application
of the parents, legal custodian, or guardian of the child to the local board of education
at the beginning of each school year, under the rules as the board may prescribe; provided,
a person who is under 19 years of age and on track to...
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25-8-59
Section 25-8-59 Penalties; notice of violation and opportunity to show cause; hearing. (a)
Any employer who violates this chapter, or who fails or refuses to obey within a reasonable
time any lawful order or direction given by the state officials charged with the enforcement
of this chapter, and any parent, guardian, or custodian who suffers or permits a person under
his or her care or control who is under 19 years of age to work in violation of this chapter,
shall be subject to civil penalties in addition to other penalties provided in this chapter.
(b) The department may impose a civil penalty of three hundred dollars ($300) upon the following
determination: An employer has violated a statutory provision of Section 25-8-35(17), 25-8-36,
25-8-37, 25-8-38, 25-8-39, 25-8-40, 25-8-41, 25-8-44(a), 25-8-44(b), 25-8-45, 25-8-54, 25-8-57,
25-8-60, or 25-8-61. (c) The department may impose a civil penalty of one thousand dollars
($1,000) to five thousand dollars ($5,000) upon the following...
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