Code of Alabama

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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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12-15-134
Section 12-15-134 Maintenance and inspection of law enforcement records. (a) Law enforcement
agencies shall take special precautions to ensure that law enforcement records and files concerning
a child will be maintained in a manner and pursuant to those safeguards that will protect
against disclosure to any unauthorized person, department, agency, or entity. Unless a charge
of delinquency is transferred for criminal prosecution pursuant to Section 12-15-203
or the juvenile court otherwise orders in the interests of the child or of national security,
the law enforcement records and files with respect to the child shall not be open to public
inspection nor their contents disclosed to the public. (b) Law enforcement records and files
described in subsection (a) shall be open to inspection and copying by the following: (1)
A juvenile court having a child currently before it in any proceeding. (2) Personnel of the
Department of Human Resources, the Department of Youth Services, public and...
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26-14-7.1
Section 26-14-7.1 Due process rights for persons under investigation by department.
Any person who comes under investigation by the Department of Human Resources for the abuse
or neglect of a child or children and who is employed by, serves as a volunteer for, holds
a license or certificate for, or is connected with any facility, agency, or home which cares
for and controls any children and which is licensed, approved, or certified by the state,
operated as a state facility, or any public, private, or religious facility or agency that
may be exempt from licensing procedures shall be granted the following due process rights
by the Department of Human Resources: (1) The department shall notify the alleged perpetrator
that an investigation has commenced against him or her after such investigation has officially
begun in accordance with written policies established by the Department of Human Resources.
The notice shall be in writing and shall state the name of the child or children...
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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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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...
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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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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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12-15-315
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...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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26-21-3
Section 26-21-3 Written consent of parent or guardian to performing abortion on unemancipated
minor; written statement where abortion to be performed on emancipated minor; waiver of consent
requirement; coercion; forms. (a) Except as otherwise provided in subsections (b) and (d)
of this section and Sections 26-21-4 and 26-21-5 hereof, no physician shall perform
an abortion upon an unemancipated minor unless the physician or his or her agents first obtain
the written consent of either parent or the legal guardian of the minor. (b) The physician
who shall perform the abortion or his or her agents shall obtain or be provided with the written
consent from either parent or legal guardian stating the names of the minor, parent, or legal
guardian, that he or she is informed that the minor desires an abortion and does consent to
the abortion, the date, and the consent shall be signed by either parent or legal guardian.
The signatures of the parents, parent, or legal guardian shall be affixed...
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