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12-15-410
Section 12-15-410 Evidence in commitment proceedings for minor and child with an intellectual
disability. (a) At the final hearing upon a petition seeking to commit a minor or child to
the department on the basis that the minor or child is a person with an intellectual disability,
the juvenile court may grant the petition if clear and convincing evidence proves all of the
following: (1) The minor or child sought to be committed is a person with an intellectual
disability. (2) The minor or child is not mildly retarded, as defined by the department. (3)
The minor or child, if allowed to remain in the community, is likely to cause serious injury
to himself, herself, or others, or that adequate care, rehabilitation, and training opportunities
are available only at a facility provided by the department. (b) Upon these findings, the
juvenile court shall enter an order setting forth the findings, and may order the minor or
child committed to the custody of the department. (c) The commissioner...
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12-15-402
Section 12-15-402 Authority and procedure. (a) The state, any county, any municipality, or
any governmental department or agency, including, but not limited to, the Department of Human
Resources or the Department of Youth Services, or any person, including a parent, legal guardian,
or legal custodian, may file a petition in the juvenile court to have any minor or child,
as defined in this chapter, committed to the custody of the department on the basis that the
minor or child is an individual with a mental illness or intellectual disability and, as a
consequence of that mental illness or intellectual disability, poses a real and present threat
of substantial harm to self or to others. (b) The petition shall be verified and filed in
the county in which the minor or child is located or resides, petitioning the juvenile court
to commit the minor or child to the custody of the department. (Acts 1975, No. 1205, p. 2384,
§5-137; Acts 1985, 2nd Ex. Sess., No. 85-928; §12-15-90; amended and...
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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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12-15-130
Section 12-15-130 Ordering, conduct, and certification of findings of mental and physical examinations
of children; minors or children believed to be individuals with a mental illness or an intellectual
disability; treatment or care for children; payment; authority to order emergency medical
care for children. (a) Where there are indications that a child may be physically ill, a child
with mental illness or an intellectual disability, or an evaluation of a child is needed to
help determine issues of competency to understand judicial proceedings, mental state at the
time of the offense, or the ability of the child to assist his or her attorney, the juvenile
court, on its own motion or motion by the prosecutor, or that of the child's attorney or guardian
ad litem for the child, may order the child to be examined at a suitable place by a physician,
psychiatrist, psychologist, or other qualified examiner, under the supervision of a physician,
psychiatrist, or psychologist who shall certify...
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12-15-405
Section 12-15-405 Notice of hearing; appointment of counsel for the minor or child. (a) When
any minor or child against whom a petition has been filed seeking to commit the minor or child
to the custody of the department is initially brought before the juvenile court, the juvenile
court shall provide a copy of the petition and if requested, read the petition to the minor
or child and to his or her parent, legal guardian, or legal custodian and counsel, and inform
those persons verbally and in writing of the date, time, and place of the next hearing to
be held in regard to the minor or child, the purpose of the hearing, the rights of the minor
or child at the hearing, and the possible consequences of the hearing. (b) The juvenile court
shall appoint a child's attorney for the minor or child. The juvenile court may appoint a
guardian ad litem in addition to the child's attorney. No statement made or act done by the
minor or child in the presence of the juvenile court prior to the minor...
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12-15-408
Section 12-15-408 Conducting hearings to commit the minor or child. At all hearings conducted
pursuant to this section to commit a minor or child to the custody of the department, the
following shall apply: (1) The minor or child sought to be committed shall be present unless,
prior to the hearing, the child's attorney for the minor or child has filed in writing a waiver
of the presence of the minor or child on the ground that the presence of the minor or child
would be dangerous to his or her physical or mental health or that the conduct of the minor
or child could reasonably be expected to prevent the hearing from being held in an orderly
manner and the juvenile court has determined from the evidence that the waiver should be granted
and has entered an order approving the waiver. (2) The minor or child sought to be committed
shall have the right to compel the attendance of and offer the testimony of witnesses, to
be confronted with the witnesses in support of the petition and to...
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12-15-115
Section 12-15-115 Original jurisdiction - Civil. (a) A juvenile court shall also exercise original
jurisdiction of the following civil proceedings: (1) Removal of disabilities of nonage pursuant
to Chapter 13 of Title 26. (2) Proceedings for judicial consent for a person under the respective
legal age to marry, to be employed, withdraw from school, or enlist in military service when
this consent is required by law. (3) Proceedings for the commitment of a minor or child with
mental illness or an intellectual disability to the Department of Mental Health, as provided
in Article 4 (commencing with Section 12-15-401). (4) Proceedings for the adoption of a child
when these proceedings have been transferred from probate court as provided by law. (5) Proceedings
for waiver of parental consent for a minor to have an abortion pursuant to Chapter 21 of Title
26. (6) Proceedings to establish parentage of a child pursuant to the Alabama Uniform Parentage
Act, Chapter 17 of Title 26. (7)...
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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing
on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile
probation officer, may file a motion requesting the juvenile court judge to transfer a child
for criminal prosecution to the circuit or district court, if the child was 14 or more years
of age at the time of the conduct charged and is alleged to have committed an act which would
constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile
court judge shall conduct a hearing on all motions for the purpose of determining whether
it is in the best interests of the child or the public to grant the motion. Only if there
are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the
following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state
agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of
punishment options, from probation to incarceration, graduated in restrictiveness according
to the degree of supervision of the offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised
probation, that requires an offender to serve a sentence of imprisonment. The term includes
time served in a work release program operated as a custody option by the Alabama Department
of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections
pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate
Punishment. A sentence that may include assignment to any...
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16-44B-1
Section 16-44B-1 Compact. ARTICLE I PURPOSE It is the purpose of this compact to remove barriers
to education success imposed on children of military families because of frequent moves and
deployment of their parents by: A. Facilitating the timely enrollment of children of military
families and ensuring that they are not placed at a disadvantage due to difficulty in the
transfer of education records from the previous school district(s) or variations in entrance/age
requirements. B. Facilitating the student placement process through which children of military
families are not disadvantaged by variations in attendance requirements, scheduling, sequencing,
grading, course content or assessment. C. Facilitating the qualification and eligibility for
enrollment, educational programs, and participation in extracurricular academic, athletic,
and social activities. D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of...
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