Code of Alabama

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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...
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30-3C-9
Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed under
this chapter, the court may set a preliminary hearing as necessary, and shall cause to be
issued all summonses and notices as required by law and otherwise deemed necessary and appropriate.
Should the court determine from the petition, or on evidence presented at a preliminary hearing,
that no emergency or temporary orders are appropriate, then the court shall set the petition
for a final hearing at such time as the court deems appropriate and as the best interests
of the child require. (b) If, at a hearing on a petition under this chapter, the court after
reviewing the evidence finds a credible risk of abduction of the child, the court shall enter
an abduction prevention order. The order must include the provisions required by subsection
(c), specifying measures that are reasonably calculated to prevent abduction of the child
and giving due consideration to the custody and visitation rights of...
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12-15-319
Section 12-15-319 Grounds for termination of parental rights; factors considered; presumption
arising from abandonment. (a) If the juvenile court finds from clear and convincing evidence,
competent, material, and relevant in nature, that the parents of a child are unable or unwilling
to discharge their responsibilities to and for the child, or that the conduct or condition
of the parents renders them unable to properly care for the child and that the conduct or
condition is unlikely to change in the foreseeable future, it may terminate the parental rights
of the parents. In a hearing on a petition for termination of parental rights, the court shall
consider the best interests of the child. In determining whether or not the parents are unable
or unwilling to discharge their responsibilities to and for the child and to terminate the
parental rights, the juvenile court shall consider the following factors including, but not
limited to, the following: (1) That the parents have abandoned...
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12-15-213
Section 12-15-213 Children charged with delinquent acts or alleged to be in need of supervision
to be accorded privilege against self-incrimination; admissibility in evidence of extrajudicial
statements of children and evidence illegally seized or obtained; double jeopardy. (a) A child
charged with a delinquent act or who is alleged to be in need of supervision shall be accorded
the rights and privileges afforded by the Constitution of the United States and the Constitution
of Alabama of 1901. (b) An extrajudicial statement which would be constitutionally inadmissible
in a criminal proceeding may not be received in evidence over objection. Evidence illegally
seized or obtained may not be received in evidence over objection to establish the allegations
against the child. An extrajudicial admission or confession made by the child out of court
is insufficient to support a finding that the child committed the acts alleged in the petition
unless it is corroborated by other evidence. (c)...
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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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26-11-3
Section 26-11-3 Procedure for change of name of child upon petition by father generally; notification
of mother and child; filing of response; appointment of guardian ad litem; hearing; issuance
of order by court; certification of minutes of court to Center for Health Statistics, etc.
(a) The father may petition at the time of filing the declaration of legitimation or at any
time subsequent to the determination of legitimation to change the name of such child, stating
in his declaration the name it is then known by and the name he wishes it afterwards to have.
Such petition shall be filed in the office of the judge of probate of the father's residence
or the child's residence. (b) Upon the filing of the petition for name change, notice shall
be given to the child's mother and to the child as provided by the Alabama Rules of Civil
Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child's
mother shall, within 30 days after receiving notice, file her...
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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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12-17-330
Section 12-17-330 Appointment; rehearing; ratification of findings and recommendations. (a)
The Administrative Director of Courts may authorize one or more referee positions in any judicial
circuit on either a full-time or a part-time basis upon submission of a written request by
the presiding circuit court judge and upon consideration of funding and the number of child
support cases in the domestic relations division of the circuit court, including cases brought
pursuant to Title IV-D of the Social Security Act. Once the Administrative Director of Courts
approves the request, the presiding judge of the circuit court may appoint an attorney the
judge believes to be qualified to fill the position, subject to the approval of the Administrative
Director of Courts. The amount to be paid the referee and the manner of payment shall be determined
by the Administrative Director of Courts. (b) The presiding judge of the circuit court may
direct that the referee hear child support cases in 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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22-9A-10
Section 22-9A-10 Judicial procedure to establish facts of birth. (a) If a delayed certificate
of birth is rejected under Section 22-9A-9, a petition signed and sworn to by the petitioner
may be filed with a circuit court of any county in this state in which he or she resides or
was born, for an order establishing a birth record. (b) The petition shall allege each of
the following: (1) The person for whom a delayed certificate of birth is sought was born in
this state. (2) No certificate of birth can be found in the Office of Vital Statistics. (3)
Diligent efforts by the petitioner have failed to obtain the evidence required in accordance
with Section 22-9A-9. (4) The State Registrar has refused to register a delayed certificate
of birth. (5) Other allegations as may be required. (c) The petition shall be accompanied
by a statement of the State Registrar made in accordance with Section 22-9A-9 and all documentary
evidence which was submitted to the State Registrar in support of the...
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