12-15-121
Section 12-15-121 Form, contents, and execution of juvenile petitions. (a) A juvenile petition
alleging delinquency, in need of supervision, or dependency may be signed by any person 18
years of age or older, other than a juvenile court intake officer, who has knowledge of the
facts alleged or is informed of them and believes that they are true. However, the person
signing a dependency petition, in the petition or in an attached affidavit, shall give information,
if reasonably ascertainable, as required in Section 30-3B-209. (b) A petition shall be entitled
"In the matter of _____, a child" and shall be made under oath. (c) The petition
shall set forth with specificity all of the following: (1) The facts which bring the child
under the jurisdiction of the juvenile court, the facts constituting the alleged dependency,
delinquency, or need of supervision and the facts showing that the child is in need of supervision,
treatment, rehabilitation, care, or the protection of the state, as the...
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12-15-122
Section 12-15-122 Issuance and service of summonses generally; waiver of service of summonses.
(a) After a petition alleging delinquency, in need of supervision, or dependency has been
filed, the juvenile court shall direct the issuance of summonses to be directed to the child
if he or she is 12 or more years of age, to the parents, legal guardian, or other legal custodian,
and to other persons who appear to the juvenile court to be proper or necessary parties to
the proceedings, requiring them to appear personally before the juvenile court at the time
fixed to answer or testify as to the allegations of the petition. Where the legal custodian
is summoned, the parent or legal guardian, or both, shall also be served with a summons. (b)
A copy of the petition shall be attached to each summons. (c) The summons shall direct the
parents, legal guardian, or other legal custodian having the custody or control of the child
to bring him or her to the hearing. (d) An adult who is a party may...
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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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26-8-40
Section 26-8-40 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Authorization generally. When the parent, guardian,
or other person having legal custody of a minor child or incapacitated person resides without
the state or removed with such child from the state, becoming a resident of another state,
the court of probate or the circuit court, having jurisdiction of the estate of the minor
or ward has authority to order the removal of the property of the minor or ward to a conservator
in the state of the residence of the parent, guardian, or other person having legal custody
of the minor or ward. (Code 1876, §2800; Code 1886, §2489; Code 1896, §2374; Code 1907,
§4464; Code 1923, §8237; Code 1940, T. 21, §109; Acts 1949, No. 128, p. 154; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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30-3-110
Section 30-3-110 Civil action for order of retroactive support. There is hereby created a civil
action to establish an order of retroactive support which may be brought against a non-supporting
parent who has a duty to support as the legal parent of a child or children but has failed
to provide support. The action may be brought by the parent or guardian with physical or legal
custody who is providing the actual care and support for the child or may be brought by the
Department of Human Resources pursuant to the provisions of Section 38-10-1 et seq. An action
under this section can be brought only if support has not previously been ordered pursuant
to a divorce or other action in this or any other jurisdiction. (Acts 1994, No. 94-213, p.
298, §1.)...
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44-1-33
Section 44-1-33 Authorization of medical, psychiatric, surgical and dental treatment. (a) The
state youth services director or his delegate may authorize major surgery or medical treatment
to be performed upon any committed youth or general anesthetic to be administered to a committed
youth when it is deemed necessary by a licensed medical physician and approval by the parent
or guardian is acquired. If such approval is not given or the parent or guardian is unavailable
for two weeks, the director or his delegate may apply to the juvenile court in the county
where the child is confined for an order to undertake such surgery or treatment. A ruling
must be made within 24 hours by the said juvenile judge. (b) The state youth services director
or his delegate may authorize major surgery or medical treatment to be performed upon any
committed youth or general anesthetic to be administered to a committed youth when it is deemed
an emergency situation where a child has suffered serious injury...
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45-45-82
Section 45-45-82 Child protection board and fund. (a) In order to provide for the protection
and welfare of children in Madison County who are alleged to be or have been found by the
juvenile court of the county to be abused or neglected or otherwise dependent as defined by
Section 12-15-102, there is levied and imposed a court cost of four dollars ($4), in all cases
filed in the district court of the county, which shall be in addition to all other costs previously
imposed. The clerk of the court shall collect the costs and remit them to a fund to be designated
as the Child Protection Fund in the county treasury. (b)(1)a. There is established a board
to be known as the Child Protection Board of Madison County. The board shall consist of seven
members. The presiding district judge, after consulting with the district court judges of
Madison County, shall appoint the six initial board members, two members to serve four-year
terms, two members to serve three-year terms, and two members to...
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26-8-41
Section 26-8-41 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Application, etc., for order of removal. The application
for the order of removal must be made in writing, signed by the parent, guardian, or other
person having legal custody of the minor or ward, verified by affidavit and accompanied by
a transcript, duly certified, of the appointment of a conservator for such minor or ward by
a court of competent jurisdiction in the state of the residence of the parent, guardian, or
other person having legal custody of the minor and of the bond of such conservator with sureties
approved by such court; provided, that if the conservator so appointed is a corporate fiduciary
which, under the laws of the state wherein appointed, is not required to make bond, a certificate
from the appointing authority stating this may be filed in lieu of a copy of the conservator's
bond. (Code 1886, §2490; Code 1896, §2375; Code 1907,...
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38-10-9
Section 38-10-9 Investigations by department as to location of parents and ability of parents
to furnish child support; authority to notify parent of support duty; falsification of report
as to parent's income, etc.; citation to require in-court testimony; employer's duty to provide
certain information. (a) The department is authorized and empowered to conduct investigations
to determine the location of parents and putative parents alleged or known to owe child support.
(b) The department is authorized and empowered to conduct investigations to determine the
location, income, and assets including real or personal property or income producing property
of parents alleged or known to have a child support obligation. (c) The department is authorized
and empowered to notify a parent of his legal duty to provide support and to require information
concerning his financial status in order to determine whether or not he is financially able
to provide support. (d) Such notice may inform the...
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44-1-31
Section 44-1-31 Guardianship of youth in custody of department. If, at any time while legal
custody of a youth is vested in the department of youth services, the department learns that
he or she, for any reason does not have a natural or adoptive parent in a position to exercise
effective guardianship or a legally appointed guardian of his or her person, the department
may thereupon file a petition in the appropriate court for the appointment of a guardian of
the person or property of such youth. No officer or employee of the department shall accept
appointment as the guardian of a youth whose legal custody is vested in the department. (Acts
1973, No. 816, p. 1261, §22.)...
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