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12-15-315
Section 12-15-315 Permanency hearing for Department of Human Resources cases only. (a) Within
12 months of the date a child is removed from the home and placed in out-of-home care, and
not less frequently than every 12 months thereafter during the continuation of the child in
out-of-home care, the juvenile court shall hold a permanency hearing. The Department of Human
Resources shall present to the juvenile court at the hearing a permanent plan for the child.
The juvenile court shall consult with the child, in an age-appropriate manner, regarding the
permanency plan and any transition plan to independent living. If a permanent plan is not
presented to the juvenile court at this hearing, there shall be a rebuttable presumption that
the child should be returned home. This provision is intended to ensure that a permanent plan
is prepared by the Department of Human Resources and presented to the juvenile court within
12 months of the placement of any child in foster care and no less...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-315.htm - 7K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-4.2.htm - 10K - Match Info - Similar pages
38-12-32
Section 38-12-32 Definitions. As used in this article, the following terms shall have the following
meanings: (1) CAREGIVER. An individual 21 years of age or older, other than a child's parent,
legal guardian, or legal custodian who is an approved foster parent, who is a relative of
the child, and who has been providing care and support for the child while the child has been
residing in the caregiver's home for at least the last six consecutive months while in the
legal custody of the Department of Human Resources, a designated official for a child-placing
agency, or a successor guardian. (2) CHILD. An individual under 18 years of age who is in
foster care with the caregiver and over whom a court has exercised continuing jurisdiction.
(3) COURT. The juvenile court. (4) DEPARTMENT. The Department of Human Resources. (5) KINSHIP
GUARDIAN. A caregiver who is willing to assume care of a child because of parental incapacity
of a parent, legal guardian, legal custodian, or other dependency...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-12-32.htm - 2K - Match Info - Similar pages
12-15-318
Section 12-15-318 Service of process. (a) Except as otherwise provided by the Alabama Rules
of Juvenile Procedure and this section, service of process of termination of parental rights
actions shall be made in accordance with the Alabama Rules of Civil Procedure. (b) If service
of process has not been completed within 45 days of the filing of the termination of parental
rights petition, the petitioner shall request service by publication. (c) Service of process
by publication may not be ordered by the juvenile court unless at least one of the following
conditions is met: (1) The child who is the subject of the proceedings was abandoned in the
state, or (2) The state or private department or agency having custody of the child has established,
by evidence presented to the juvenile court, that the absent parent or parents are avoiding
service of process or their whereabouts are unknown and cannot be ascertained with reasonable
diligence. (d) Service shall be made by publication in a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-318.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-320.htm - 1K - Match Info - Similar pages
12-15-101
Section 12-15-101 Purpose of the Alabama Juvenile Justice Act; short title; goals for the juvenile
court. (a) This chapter shall be known as the Alabama Juvenile Justice Act. The purpose of
this chapter is to facilitate the care, protection, and discipline of children who come under
the jurisdiction of the juvenile court, while acknowledging the responsibility of the juvenile
court to preserve the public peace and security. (b) In furtherance of this purpose, the following
goals have been established for the juvenile court: (1) To preserve and strengthen the family
of the child whenever possible, including improvement of the home environment of the child.
(2) To remove the child from the custody of his or her parent or parents only when it is judicially
determined to be in his or her best interests or for the safety and protection of the public.
(3) To reunite a child with his or her parent or parents as quickly and as safely as possible
when the child has been removed from the custody...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-101.htm - 3K - Match Info - Similar pages
26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
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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
12-15-128
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
12-15-140
Section 12-15-140 Content of order; order may set forth reasonable conditions of behavior for
parents, persons responsible for care; enumeration of certain specific requirements which
may be included in order. (a) The protection or restraint order may set forth reasonable conditions
of behavior to be observed by a person who is a parent, legal guardian, legal custodian, or
other person legally responsible for the care of the child subject to a juvenile court proceeding,
or the spouse of the parent, or spouse of any other person legally responsible for the care
of the child, or relatives of any of the above, or residents of the home of the child, or
any other person. (b) The protection or restraint order, among other things, may require any
person or persons to do any of the following: (1) Stay away from the home in which the child
subject to a juvenile court proceeding resides, the family or the child. (2) Vacate the home
in which the child subject to a juvenile court proceeding...
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