30-3B-102
Section 30-3B-102 Definitions. In this chapter, the following terms shall have the following meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision. (2) CHILD. An individual who has not attained 19 years of age. (3) CHILD CUSTODY DETERMINATION. A judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual. (4) CHILD CUSTODY PROCEEDING. A proceeding in a court in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a court...
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30-3-161
Section 30-3-161 Definitions. As used in this article, the following words and phrases shall have the following meanings, unless the context requires a different definition: (1) CHANGE OF PRINCIPAL RESIDENCE. A change of the residence of a child whose custody has been determined by a prior court order, whether or not accompanied by a change of the residence of a person entitled to custody of the child, with the intent that such change shall be permanent in nature and not amounting to a temporary absence of the child from his or her principal residence. (2) CHILD. A minor child as defined by subdivision (2) of Section 30-3B-102. As used in this article, the term may include the singular and the plural. (3) CHILD CUSTODY DETERMINATION. A judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating...
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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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30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following meanings: (1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD. An unemancipated individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION. A judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in which legal custody, physical custody, or visitation with respect to a child is at issue. The term includes a proceeding for divorce, dissolution of marriage, legal separation, neglect, abuse, dependency, paternity, termination of parental rights, or protection from domestic violence. The term does not include a court proceeding involving juvenile...
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30-3C-6
Section 30-3C-6 Contents of petition. A petition under this chapter must be verified and include a copy of any existing child-custody determination, if available. If a child-custody determination is not available, the petition must state the petitioner's right to make a petition, as described under subsection (b) of Section 30-3C-4, and provide the basis for that right to make a petition under this chapter. The petition also must specify the risk factors for abduction, including the relevant factors described in Section 30-3C-7. Subject to the protections provided by subsection (e) of Section 30-3B-209 of the Uniform Child Custody Jurisdiction and Enforcement Act, if reasonably ascertainable, the petition must contain: (1) the name, date of birth, and gender of the child; (2) the usual places of abode and current physical location of the child; (3) the identity, usual places of abode, and current physical location of the petitioner and respondent, and an explanation of the relationship...
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12-15-102
law. This term shall not apply to any of the following: a. An offense when committed by a child 16 or 17 years of age as follows: 1. A nonfelony traffic offense or water safety offense other than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal ordinance prohibiting the same conduct. 2. A capital offense. 3. A Class A felony. 4. A felony which has as an element the use of a deadly weapon. 5. A felony which has as an element the causing of death or serious physical injury. 6. A felony which has as an element the use of a dangerous instrument against any person who is one of the following: (i) A law enforcement officer or official. (ii) A correctional officer or official. (iii) A parole or probation officer or official. (iv) A juvenile court probation officer or official. (v) A district attorney or other prosecuting officer or official. (vi) A judge or judicial official. (vii) A court officer or official. (viii) A person who is a grand juror, juror, or witness...
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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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12-15-312
that the crime of rape, sodomy, incest, or other sexual abuse actually occurred by the parent against a child in any instance where the parent has been convicted as described in this subdivision. (4) Aided or abetted, attempted, conspired, or solicited to commit murder or manslaughter of another child or aided or abetted, attempted, conspired, or solicited to commit murder or manslaughter of the other parent of the child. (5) Committed a felony assault which resulted in serious bodily injury to the child or another child or to the other parent of the child. The term serious bodily injury means bodily injury which involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (d) Nothing in the exceptions to making reasonable efforts listed in subsection (c) shall be interpreted to require the reunification of a child with a stepparent or paramour of a...
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38-13-2
Place of abode, domicile, or dwelling with intention to remain permanently and continuously or for an indefinite or uncertain length of time. (30) SEX CRIME. Includes any sex offense listed in Section 15-20A-5. (31) SUITABILITY CRITERIA. a. Convictions for any of the following crimes shall make an individual unsuitable for employment, volunteer work, approval, or licensure: 1. A violent offense as defined in Section 12-25-32. 2. A sex crime. 3. A crime that involves the physical or mental injury or maltreatment of a child, the elderly, or an individual with disabilities. 4. A crime committed against a child. 5. A crime involving the sale or distribution of a controlled substance. 6. A crime or offense committed in another state or under federal law which would constitute any of the above crimes in this state. b. Conviction for any crime listed in the Adoption and Safe Families Act, 42 U.S.C. ยง 671(a)(20) shall disqualify a person from being approved or continuing to be approved...
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30-3B-201
(1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under Section 30-3B-207 or 30-3B-208, and: a. The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and b. Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships; (3) All courts having jurisdiction under subdivision (1) or (2) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under Section 30-3B-207 or 30-3B-208; or (4) No court of any other state would have jurisdiction under the criteria specified in subdivision (1), (2), or (3). (b) Subsection (a) is the exclusive jurisdictional basis for making a child custody determination by a court...
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