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12-15-221
Section 12-15-221 Modification, extension or termination of orders of custody or probation
generally. (a) An order awarding legal custody or an order of probation made by the juvenile
court in the case of a child may be modified, revoked, or extended on motion by: (1) A child,
whose legal custody has been transferred to a department, institution, agency, or person,
requesting the juvenile court for a modification or termination of the order, alleging that
the child is no longer in need of placement or probation and the department, institution,
agency, or person has denied application for release of the child or has failed to act upon
the application within a reasonable time; or (2) A department, institution, agency, or person
vested with legal custody or responsibility for probation, requesting the juvenile court for
a modification, an extension, or a termination of the order on the grounds that the action
is in the best interests of the child or necessary to safeguard the welfare of...
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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, ยง2;...
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12-15-217
Section 12-15-217 Notice of delinquent acts. (a) Notwithstanding subsection (a) of Section
12-15-133, written notice that a child enrolled in a school, kindergarten to grade 12, has
been found delinquent of an act which if committed by an adult would be a Class A or B felony
or any other crime, at the discretion of the juvenile court, shall be provided within seven
days to the superintendent of the school district of attendance, or, if the child attends
a private school, to the principal of the school. The juvenile court shall provide the notice
using whatever method it deems appropriate or otherwise as decided by the Administrative Office
of Courts. The prosecutor may recommend to the juvenile court that notice be given to the
school for any delinquent act. Written notice shall include only the offenses, enumerated
by the appropriate code section and brief description, found to have been committed by the
child and the disposition of the case involving the child. Where applicable, this...
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12-15-320
Section 12-15-320 Dispositions. (a) Termination of parental rights cases shall be given priority
over other cases. The trial on the petition for termination of parental rights shall be completed
within 90 days after service of process has been perfected. The trial court judge shall enter
a final order within 30 days of the completion of the trial. (b) If the juvenile court determines
that the parents of a child are unwilling or unable to act as parents and terminates their
parental rights, it may do the following: (1) Transfer or continue the permanent legal custody
of the child to the Department of Human Resources or to any public or private licensed child-placing
agency able and willing to assume the care and maintenance of the child. An order of the juvenile
court which terminates parental rights and awards permanent legal custody to the Department
of Human Resources or to a licensed child-placing agency shall mean that the Department of
Human Resources or the licensed child-placing...
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12-15-409
Section 12-15-409 Role of attorney as advocate; designation of facilities. (a) An attorney
representing the state, any county, or municipality or the Department of Youth Services or
the Department of Human Resources or an attorney representing the person or persons filing
a petition to have a minor or child committed may serve as the advocate in support of the
petition to commit in all matters regarding the petition. (b) At the final hearing upon a
petition seeking to commit a minor or child to the custody of the department on the basis
that the minor or child is mentally ill, the juvenile court may grant the petition if clear
and convincing evidence proves all of the following: (1) That the minor or child sought to
be committed is mentally ill. (2) That, as a consequence of the mental illness, the minor
or child poses a real and present threat of substantial harm to himself, herself, or to others.
(3) That the threat of substantial harm has been evidenced by a recent overt act. (4)...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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12-15-303
Section 12-15-303 Transfer of dependency proceedings between juvenile courts within the state.
(a) If a dependency proceeding is commenced in a county other than the county of the residence
of the child, the juvenile court in which the proceedings were commenced, on its own motion
or a motion of a party and after consultation with the receiving juvenile court, may transfer
the proceeding before or after adjudication to the county of the residence of the child for
the purpose of adjudication, disposition, supervision, or review as mandated by federal and
state law for children in foster care or in the custody of the state, or any combination thereof.
(b) For purposes of this section, county of the residence of the child means the county in
which the child and legal custodian have established legal residence or have resided for six
or more months of a calendar year. This term shall not include placements by a state department
or agency. (c) Certified copies of all legal and social...
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12-15-302
Section 12-15-302 Venue generally. (a) Dependency proceedings shall be commenced in the county
where the child resides, in the county where the child is present when the proceedings are
commenced, or in the county where the acts that are the basis of the dependency petition occurred.
(b) Regardless of the county where the child currently resides, when a petition is filed seeking
to modify an award of custody or visitation pursuant to an adjudication of dependency, and
one of the individuals who was a party to the original proceeding still resides in the county
of the juvenile court of original jurisdiction, the petition shall be filed in the juvenile
court of the original jurisdiction. (c) When a petition is filed seeking to modify an award
of custody or visitation pursuant to an adjudication of dependency in which all parties to
the original action, including the child, no longer reside in the county of original jurisdiction,
the petition shall be filed in the county where the child...
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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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38-15-4
Section 38-15-4 Registration of certain youth residential institutions or organizations; staff
training plans; rights of children; licensing and inspection of food preparation areas; access
by law enforcement agencies. (a) Commencing on January 1, 2018, the department shall register
any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated
youth residential facility, youth social rehabilitation facility, community treatment facility
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section, whenever children are housed at the facility or location of the program for
a period of more than 24 hours. At a minimum, registered youth residential institution or
organization under this section shall do all of the following: (1) Be...
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