Code of Alabama

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12-15-136
Section 12-15-136 Proceedings for sealing legal and social files and records of courts, pertaining
to certain persons and effect thereof. (a) On motion of a person who has been the subject
of a delinquency or child in need of supervision petition , the juvenile court may order the
sealing of the legal and social files and records of the juvenile court pertaining to the
person if it finds that: (1) Two years have elapsed since the final discharge of the person
from legal custody or supervision or two years after the entry of any other order of the juvenile
court not involving custody or supervision; and (2) The person has not been convicted or adjudicated
delinquent or a youthful offender of any felony or a misdemeanor involving sexual offenses,
drugs, weapons, or violence, or threats of violence, prior to the filing of the motion and
no proceeding is pending seeking the conviction or adjudication. (b) The motion and the order
may include the records, reports, or information specified...
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44-1-27
Section 44-1-27 Standards for programs and youth detention facilities; licensing and inspection
of youth detention and foster care facilities. (a) The Department of Youth Services shall
establish and promulgate reasonable minimum standards for the construction and operation of
detention facilities, programs for the prevention and correction of youth delinquency, consultation
from local officials, and subsidies to local delinquency projects. The standards shall include,
but not be limited to, reasonable minimum standards for detention facilities, foster care
facilities, group homes, and correctional institutions. (b) No county, city, public or private
agency, group, corporation, partnership, or individual shall establish, maintain, or operate
any detention facility or any foster care facility for youths found delinquent or in need
of supervision by a juvenile court without a license from the department. A license shall
be required on an annual basis or as determined by the department....
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12-15-211
Section 12-15-211 Suspension of proceedings and continuation of cases under terms and conditions
agreed to by parties. (a) The juvenile court may suspend delinquency or child in need of supervision
proceedings pursuant to a consent decree. The terms and conditions of the consent decree shall
be agreed to by the child and his or her parent, legal guardian, or legal custodian. The consent
decree shall be entered at any time after the filing of a delinquency or child in need of
supervision petition and before the entry of an adjudication order. The child and his or her
parent, legal guardian, or legal custodian shall be advised of their rights, including the
right to counsel. (b) Where an objection is made by the prosecutor, the juvenile court, after
considering the objection and the reasons therefor, shall proceed to determine whether it
is appropriate to enter a consent decree. (c) A consent decree shall remain in force for six
months unless the child is discharged sooner by the...
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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...
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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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12-15-128
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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26-1-4
Section 26-1-4 Alabama State Law Enforcement Agency to provide criminal conviction information
on applicants for positions involving child care and treatment; such information to be confidential;
applicant to be denied status if has felony conviction; children may be removed from home.
(a) Notwithstanding any other provisions of law to the contrary, upon request to the Alabama
State Law Enforcement Agency, by the Department of Human Resources, or by any other youth
service agency approved by the department, such center shall provide information to the department
or an approved agency concerning the felony criminal conviction record in this or another
state of an applicant for a paid or voluntary position, including one established by contract,
whose primary duty is the care or treatment of children, including applicants for adoption
or foster parents. All information, including any criminal conviction record, procured by
the department or an approved agency shall be confidential and...
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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...
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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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29-2-105
Section 29-2-105 Coordination council - Composition; meetings; duties. (a) The committee shall
convene a council composed of the chair of the committee or his or her designee and the commissioner
or the commissioner's designee of each department of state government that administers services
to children, youth, and their families, including, but not limited to, the Department of Education,
the Department of Human Resources, the Department of Mental Health, the Department of Public
Health, the Medicaid Agency, the Department of Youth Services, the Department of Rehabilitation
Services, one member from the Alabama Association of County Directors of Human Resources appointed
by that organization, one member from the Alabama Residential Child Care Association appointed
by that organization, two members from the Alabama Foster Parent Association appointed by
that organization, one member from the Juvenile Court Judges Association appointed by that
organization, one guardian ad litem...
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