|
12-15-215
Section 12-15-215 Disposition of delinquent children or children in need of supervision generally.
(a) If the juvenile court finds on proof beyond a reasonable doubt, based upon competent,
material, and relevant evidence, that a child committed the acts by reason of which the child
is alleged to be delinquent or in need of supervision, it may proceed immediately to hear
evidence as to whether the child is in need of care or rehabilitation and to file its findings
thereon. In the absence of evidence to the contrary, a finding that the child has committed
an act which constitutes a felony is sufficient to sustain a finding that the child is in
need of care or rehabilitation. If the juvenile court finds that the child is not in need
of care or rehabilitation, it shall dismiss the proceedings and discharge the child from any
detention or other temporary care theretofore ordered. If the juvenile court finds that the
child is in need of care or rehabilitation, it may make any of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-215.htm - 8K - Match Info - Similar pages
12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be dependent,
the juvenile court may make any of the following orders of disposition to protect the welfare
of the child: (1) Permit the child to remain with the parent, legal guardian, or other legal
custodian of the child, subject to conditions and limitations as the juvenile court may prescribe.
(2) Place the child under protective supervision under the Department of Human Resources.
(3) Transfer legal custody to any of the following: a. The Department of Human Resources.
b. A local public or private agency, organization, or facility willing and able to assume
the education, care, and maintenance of the child and which is licensed by the Department
of Human Resources or otherwise authorized by law to receive and provide care for the child.
c. A relative or other individual who, after study by the Department of Human Resources, is
found by the juvenile court to be qualified to receive and care for the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-314.htm - 17K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-128.htm - 3K - Match Info - Similar pages
44-1-2
Section 44-1-2 Definitions. The following terms, wherever used in this chapter, shall have
the following meanings: (1) AFTERCARE. A youth is released by the department from a state
training school operated by the department, wherein the department releases legal custody,
supervision, and the right to return until further order of the juvenile court. The term means
a legal status created by order of the committing court at the time of release from a state
training school whereby a youth is permitted to return to the community subject to supervision
by the court or any agency designated by the court and subject to return to the court at any
time during the aftercare period. (2) BOARD. The Alabama Youth Services Board. (3) BOARD MEMBER.
Any member of the Alabama Youth Services Board. (4) COMMITTED YOUTH. Any youth committed to
the legal custody of the department upon a finding of delinquency and a finding by a juvenile
judge that the youth is in need of care or treatment, or both, in a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/44-1-2.htm - 4K - Match Info - Similar pages
12-15-114
Section 12-15-114 Original jurisdiction - Juvenile. (a) A juvenile court shall exercise exclusive
original jurisdiction of juvenile court proceedings in which a child is alleged to have committed
a delinquent act, to be dependent, or to be in need of supervision. A dependency action shall
not include a custody dispute between parents. Juvenile cases before the juvenile court shall
be initiated through the juvenile court intake office pursuant to this chapter. (b) A juvenile
court shall not have jurisdiction over any delinquent act committed by an individual before
his or her 18th birthday for which a petition has not been filed before the individual reaches
21 years of age, except when the delinquent act is an offense having no statute of limitation
as provided in Section 15-3-5. (c) A juvenile court shall also exercise exclusive original
jurisdiction over each of the following: (1) Proceedings pursuant to the Interstate Compact
on Juveniles and the Interstate Compact on Placement of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-114.htm - 1K - Match Info - Similar pages
12-15-118
Section 12-15-118 Duties of juvenile court intake officers. A person employed by the judicial
branch of government who is designated by a juvenile court as a juvenile court intake officer
shall perform the following duties: (1) Receive and examine written complaints or petitions,
made under oath, of allegations of delinquency, in need of supervision, or dependency or concerning
proceedings filed pursuant to Section 12-15-132. (2) Refer to the Department of Human Resources
for investigations, reports, and recommendations those complaints and allegations of dependency
or other appropriate matters and may refer to the Department of Human Resources for investigations,
reports, and recommendations those complaints on children in need of supervision. (Act 2008-277,
p. 441, ยง6.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-118.htm - 1K - Match Info - Similar pages
12-15-311
Section 12-15-311 Dispositional hearing. (a) If the juvenile court finds from clear and convincing
evidence, competent, material, and relevant in nature, that a child is dependent, the juvenile
court may proceed immediately, in the absence of objection showing good cause or at a postponed
hearing, to make proper disposition of the case. (b) In dispositional hearings, all relevant
and material evidence helpful in determining the best interests of the child, including verbal
and written reports, may be received by the juvenile court even though not admissible in the
adjudicatory hearing. The parties or their counsel shall be afforded an opportunity to examine
and controvert written reports so received and to cross-examine individuals making reports.
(c) On its own motion or that of a party, the juvenile court may continue the dispositional
hearing pursuant to this section for a reasonable period to receive reports and other evidence
bearing on the disposition or need for care or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-311.htm - 1K - Match Info - Similar pages
12-15-502
Section 12-15-502 Referral of multiple needs child case to county team. After the filing of
a petition alleging that a child is delinquent, dependent, or in need of supervision, or after
the filing of a petition seeking mental commitment of a minor or child pursuant to Article
4, the juvenile court, on its own motion or motion of a party, may refer the above-referenced
child to the county team for recommendation if the petition alleged or evidence reveals to
the juvenile court that the child may be a multiple needs child. If the case involves a child
in need of supervision, or a status offender as defined in subdivision (4) of Section 12-15-201,
who is at imminent risk of being placed in the legal or physical custody of the Department
of Human Resources, the juvenile court shall refer the case to the county team. This referral
may occur prior to any hearing, or the juvenile court may suspend proceedings during the hearing
or prior to disposition to review the findings and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-502.htm - 1K - Match Info - Similar pages
12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-208.htm - 10K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-303.htm - 1K - Match Info - Similar pages
|