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13A-10-30
Section 13A-10-30 Definitions. (a) The definitions contained in Section 13A-10-1 are applicable
in this article unless the context requires otherwise. (b) The following definitions are also
applicable to this article: (1) CUSTODY. A restraint or detention by a public servant pursuant
to a lawful arrest, conviction or order of court, but does not include mere supervision of
probation or parole, or constraint incidental to release on bail. (2) DETENTION FACILITY.
Any place used for the confinement, pursuant to law, of a person: a. Charged with or convicted
of a criminal offense; or b. Charged with being or adjudicated a youthful offender, or a neglected
minor or juvenile delinquent; or c. Held for extradition; or d. Otherwise confined pursuant
to an order of court. (3) PENAL FACILITY. Any security correctional institution for the confinement
of persons arrested for, charged with or convicted of a criminal offense, including but not
limited to the following security facilities: the state...
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15-20A-24
Section 15-20A-24 Adult sex offender - Relief from registration and notification. (a) At disposition,
sentencing, upon completion of probation, or upon completion of a term of registration ordered
by the sentencing court, a sex offender may petition the court for relief from the requirements
of this chapter resulting from any of the following offenses, provided that he or she meets
the requirements set forth in subsection (b): (1) Rape in the second degree, as provided by
subdivision (1) of subsection (a) of Section 13A-6-62. (2) Sodomy in the second degree, as
provided by subdivision (1) of subsection (a) of Section 13A-6-64. (3) Sexual abuse in the
second degree, as provided by subdivision (2) of subsection (a) of Section 13A-6-67. (4) Sexual
misconduct, as provided by Section 13A-6-65. (5) Any crime committed in this state or any
other jurisdiction which, if had been committed in this state under the current provisions
of law, would constitute an offense listed in subdivisions (1)...
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22-5B-3
Section 22-5B-3 Definitions. When used in this chapter, the following words shall have the
following meanings: (1) ADULT WITH SPECIAL NEED. A person 19 years of age or older who requires
care or supervision to meet the person's basic needs or prevent physical self-injury or injury
to others, or avoid placement in an institutional facility. (2) AGING AND DISABILITY RESOURCE
CENTER. An entity that provides a coordinated system for providing information on long-term
care programs and options, personal counseling, and consumer access to publicly support long-term
care programs. (3) CHILD WITH SPECIAL NEED. A person under age 19 who requires care or supervision
beyond that required for children generally to meet the child's basic needs or prevent physical
injury to self or others. (4) ELIGIBLE STATE AGENCY. A state agency that administers the Older
Americans Act or the state's Medicaid program or one designated by the Governor, and is an
aging and disability resource center working in...
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26-24-30
Section 26-24-30 Alabama Children's Policy Council. (a) The Alabama Children's Policy Council
is hereby created and shall consist of the following members: Three appointees from business
and industry made by the Governor; the Lieutenant Governor; the Speaker of the House of Representatives;
two members of the Alabama Senate, one appointed by the Lieutenant Governor and one appointed
by the President Pro Tempore of the Senate; two members of the House of Representatives appointed
by the Speaker of the House of Representatives; the Chief Justice of the Supreme Court of
Alabama; the legal advisor to the Governor; the Attorney General; the President of the Juvenile
and Family Court Judges' Association; the Commissioner of the Department of Corrections; the
President of the District Attorneys' Association; the President of the Chief Juvenile Probation
Officers' Association; the Commissioner of the Department of Human Resources; the Administrative
Director of Courts; the Secretary of the...
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38-15-7
Section 38-15-7 Quarterly inspections; information provided to department; information provided
to parents, guardians, etc. (a) All youth residential facilities and organizations under this
section shall be subject to a quarterly inspection by the department or its designee at a
minimum and shall be responsible for providing necessary information as determined by the
department to ensure the safety and welfare of residents. All youth residential facilities
and organizations under this chapter shall provide at a minimum the following to the department
upon request: (1) The names of all children currently enrolled, registered, or housed at the
facility or program. (2) The names of all personnel currently employed or contracted for employment
for or at the facility, institution, or program. (3) The plan of operation, all written policies,
procedures, and standard practices. (4) The child-to-staff ratios. (5) The staff qualifications
and proof of training. (6) Proof of the implementation...
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38-7-11
Section 38-7-11 Inspection of facilities. The department shall have the right and its authorized
representatives shall be afforded reasonable opportunity, to inspect any child-care facility
seeking a license or an approval or a six-month permit pursuant to this chapter, any child-care
facility seeking a renewal of a license or an approval or a six-month permit pursuant to this
chapter and any child-care facility which is operating under a license or an approval or a
six-month permit issued pursuant to this chapter. Such inspection shall include, but not be
limited to, premises, services, personnel, program, accounts and records, interviews with
agents and employees of the child-care facility being inspected and interviews with any child
or other person within the custody or control of said child-care facility. Such inspection
shall be made at any reasonable time, without prior notice, and as often as necessary to enforce
and administer the provisions of this chapter. It shall be the...
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12-15-301
Section 12-15-301 Definitions. For purposes of this article, the following words and phrases
shall have the following meanings: (1) ABANDONMENT. A voluntary and intentional relinquishment
of the custody of a child by a parent, or a withholding from the child, without good cause
or excuse, by the parent, of his or her presence, care, love, protection, maintenance, or
the opportunity for the display of filial affection, or the failure to claim the rights of
a parent, or failure to perform the duties of a parent. (2) AGE APPROPRIATE or DEVELOPMENTALLY
APPROPRIATE. Activities or items that are generally accepted as suitable for children of the
same chronological age or level of maturity or that are determined to be developmentally appropriate
for a child based on the development of cognitive, emotional, physical, and behavioral capacities
that are typical for an age or age group and, in the case of a specific child, activities
or items that are suitable for the child based on the...
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12-15-132
Section 12-15-132 Proceedings against children violating terms of probation or aftercare; disposition
of these children. (a) A child on probation or aftercare incident to an adjudication as a
delinquent child or a child in need of supervision who violates the terms of his or her probation
or aftercare may be proceeded against for a revocation of the order. (b) A proceeding to revoke
probation or aftercare shall be commenced by the filing of a petition entitled "petition
to revoke probation" or "petition to revoke aftercare." Except as otherwise
provided, these petitions shall be screened, reviewed, and prepared in the same manner and
shall contain the same information as provided in Sections 12-15-120 and 12-15-121. The petition
shall recite the date that the child was placed on probation or aftercare and shall state
the time and manner in which notice of the terms of probation or aftercare was given. (c)
Probation or aftercare revocation proceedings shall require clear and convincing...
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12-23A-4
Section 12-23A-4 Establishment of drug court; participation; incentives and sanctions; components;
drug court team and advisory committee; coordinator. (a)(1) The presiding judge of each judicial
circuit, with the consent of the district attorney of that judicial circuit, may establish
a drug court or courts, under which drug offenders shall be processed, to appropriately address
the identified substance abuse problem of the drug offender as a condition of pretrial release,
pretrial diversion, probation, jail, prison, parole, community corrections, or other release
or diversion from a correctional facility. The structure, method, and operation of each drug
court may differ and should be based upon the specific needs of and resources available to
the judicial district or circuit where the drug court is located, but shall be created and
operate pursuant to this chapter and in compliance with rules promulgated by the Alabama Supreme
Court. (2) Nothing in this chapter shall affect the...
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16-28-13
Section 16-28-13 Burden of proof on person in loco parentis. No parent, guardian or other person
having control or charge of any child shall be convicted for failure to have said child enrolled
in school or for failure to send a child to school or for failure to require such child to
regularly attend such school or tutor, or for failure to compel such child to properly conduct
himself as a pupil, if such parent, guardian or other person having control or charge of such
child can establish to the reasonable satisfaction of the court the following: (1) That the
principal teacher in charge of said school which he attends or should attend or the tutor
who instructs or should instruct said child gave permission for the child to be absent; or
(2) That such parent, guardian or other person is unable to provide necessary books and clothes
in order that the child may attend school in compliance with law, and that such parent, guardian
or other person had prior to the opening of the school, or...
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