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38-9-2
Section 38-9-2 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) ABUSE. The infliction of physical pain, injury, or the willful
deprivation by a caregiver or other person of services necessary to maintain mental and physical
health. (2) ADULT IN NEED OF PROTECTIVE SERVICES. A person 18 years of age or older whose
behavior indicates that he or she is mentally incapable of adequately caring for himself or
herself and his or her interests without serious consequences to himself or herself or others,
or who, because of physical or mental impairment, is unable to protect himself or herself
from abuse, neglect, exploitation, sexual abuse, or emotional abuse by others, and who has
no guardian, relative, or other appropriate person able, willing, and available to assume
the kind and degree of protection and supervision required under the circumstances. (3) CAREGIVER.
An individual who has the responsibility for the care of a protected...
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26-2A-75
Section 26-2A-75 Procedure for court-appointment of guardian of minor. (a) A minor or any person
interested in the welfare of the minor may petition for appointment of a guardian. (b) After
the filing of a petition, the court shall set a date for hearing, and the petitioner shall
give notice of the time and place of hearing the petition in the manner prescribed by Section
26-2A-50 to: (1) The minor, if 14 or more years of age and not the petitioner; (2) Any person
alleged to have had the principal care and custody of the minor during the 60 days preceding
the filing of the petition; and (3) Any living parent of the minor. (c) Upon hearing, if the
court finds that a suitable person seeks appointment, venue is proper, the required notices
have been given, the conditions of Section 26-2A-73(a) have been met, and the welfare and
best interest of the minor will be served by the requested appointment, it shall make the
appointment and issue letters. In other cases, the court may dismiss the...
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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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12-15-127
Section 12-15-127 Release, delivery to detention or shelter care facility, medical facility
of children taken into custody generally. (a) A person taking a child into custody without
an order of the juvenile court shall, with all possible speed, and in accordance with this
chapter and the rules of court pursuant thereto: (1) Release the child to the parents, legal
guardian, or legal custodian of the child or other suitable person able to provide supervision
and care for the child and issue verbal counsel and warning as may be appropriate. (2) Release
the child to the parents, legal guardian, or legal custodian of the child upon his or her
promise to bring the child before the juvenile court when requested, unless the placement
of the child in detention or shelter care appears required. If a parent, legal guardian, or
other legal custodian fails, when requested, to bring the child before the juvenile court
as provided in this section, the juvenile court may issue an order directing that...
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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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26-10A-11
Section 26-10A-11 Consent or relinquishment. (a) A consent or relinquishment shall be in writing,
signed by the person consenting or relinquishing, and shall state the following: (1) The date,
place, and time of execution. (2) The date of birth or if prior to birth expected date of
birth of the adoptee and any names by which the adoptee has been known. (3) The relationship
of the person consenting or relinquishing to the adoptee. (4) The name of each petitioner,
unless (i) the document is relinquishment of the adoptee to an agency, or (ii) the consent
contains a statement that the person executing the consent knows that he or she has a right
to know the identity of each petitioner but voluntarily waives this right. (5) That the person
executing the document is voluntarily and unequivocally consenting to the adoption of the
named adoptee. (6) That by signing the document and subsequent court order to ratify the consent,
the person executing the document understands that he or she will...
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26-2A-104.1
Section 26-2A-104.1 Corporations as guardians for developmentally disabled. (a) The term "developmentally
disabled" means a person whose impairment of general intellectual functioning or adaptive
behavior which is manifested before the person attains the age of 22 and results in intellectual
disability, cerebral palsy, epilepsy or autism and as defined in Public Law 98-527, the Developmental
Disabilities Assistance and Bill of Rights Act (Section 102(7)). (b) A private non-profit
corporation organized under the laws of Alabama and qualified under the Internal Revenue Code
as a 501(c)(3) tax exempt corporation as described herein is qualified for designation as
guardian for persons with developmental disabilities and who has been determined by the probate
court to need some degree of guardianship; provided that those corporations qualifying under
this section shall be governed by a board of directors which shall have no fewer than 35 percent
of its membership representing parents or...
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12-15-207
Section 12-15-207 Filing of petition and conduct of hearing as to necessity for continuation
of detention or shelter care of a child; violation of probation and aftercare. (a) When a
child is not released from detention or shelter care as provided in Section 12-15-127, a petition
shall be filed and a hearing held within 72 hours of placement in detention or shelter care,
Saturdays, Sundays, and holidays included, to determine probable cause and to determine whether
or not continued detention or shelter care is required. (b) Notice of the detention or shelter
care hearing, either verbal or written, stating the date, time, place, and purpose of the
hearing and the right to counsel shall be given by a juvenile probation officer to the parent,
legal guardian, or legal custodian if they can be found and to the child if the child is over
12 years of age . (c) At the commencement of the detention or shelter care hearing, the juvenile
court shall advise the parent, legal guardian, legal...
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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...
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12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports, and
information acquired or generated in juvenile courts concerning children shall be confidential
and shall not be released to any person, department, agency, or entity, except as provided
elsewhere in this section: (1) Juvenile legal files (including formal documents as petitions,
notices, motions, legal memoranda, orders, and decrees). (2) Social records, including but
not limited to: a. Records of juvenile probation officers. b. Records of the Department of
Human Resources. c. Records of the Department of Youth Services. d. Medical records. e. Psychiatric
or psychological records. f. Reports of preliminary inquiries and predisposition studies.
g. Supervision records. h. Birth certificates. i. Individualized service plans. j. Education
records, including, but not limited to, individualized education plans. k. Detention records.
l. Demographic information that identifies a child or the family of a...
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