reglab/housing_qa huggingface dataset:
AL Code § 12-15-308 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 15 - Juvenile Proceedings.|Article 3 - Dependency and Termination of Parental Rights.|Section 12-15-308 - Filing of Petition and Conduct of 72-Hour Hearing as to Necessity for Continuation of Shelter Care of a Child.

Section 12-15-308Filing of petition and conduct of 72-hour hearing as to necessity for continuation of shelter care of a child. (a) When a child alleged to be dependent has been removed from the custody of the parent, legal guardian, or legal custodian and has not been returned to same, a hearing shall be held within 72 hours from the time of removal, Saturdays, Sundays, and holidays included, to determine whether continued shelter care is required. (b) Notice of the 72-hour hearing requirement, either verbal or written, stating the date, time, place, and purpose of the hearing and the right to counsel shall be given to the parent, legal guardian, or legal custodian if he or she can be found. (c) At the commencement of the 72-hour hearing requirement, the juvenile court shall advise the parent, legal guardian, or legal custodian of the right to counsel and shall appoint counsel if the juvenile court determines he or she is indigent. If the juvenile court already has not done so, it shall appoint a guardian ad litem for a child who is a party to the proceeding. It is the responsibility of the guardian ad litem to present evidence supporting the best interests of the child. The parent, legal guardian, or legal custodian shall also be informed of the contents of the petition and, except as provided herein, shall be given an opportunity to admit or deny the allegations of the petition. (d) All relevant and material evidence helpful in determining the need for shelter care may be admitted by the juvenile court, even though not admissible in subsequent hearings. (e) If the child is not released and no parent, legal guardian, or other legal custodian has been notified and none appeared or waived appearance at the hearing, upon the filing of an affidavit by the parent, legal guardian, or legal custodian stating these facts and requesting a hearing, the juvenile court shall hear the matter within 24 hours. (f) If the child is not released, the juvenile court, at the earliest opportunity in the case, including the 72-hour hearing requirement or the adjudicatory hearing, may order the parent, legal guardian, or legal custodian to provide a list of names and, if possible, addresses and telephone numbers, of known paternal and maternal relatives to the juvenile court. (Act 2008-277, p. 441, §18.)
AL Code § 12-15-309 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 15 - Juvenile Proceedings.|Article 3 - Dependency and Termination of Parental Rights.|Section 12-15-309 - Alleged Dependent Child to Be Released When Continued Shelter Care Not Required; Conditions Imposed Upon Release; Amendment of Conditions or Return of Child to Custody Upon Failure to Conform to Conditions Imposed.

Section 12-15-309Alleged dependent child to be released when continued shelter care not required; conditions imposed upon release; amendment of conditions or return of child to custody upon failure to conform to conditions imposed. (a) When the juvenile court finds that continued shelter care is not required for a child, the juvenile court shall order the return of the child, and in so doing, may impose one or more of the following conditions singly or in combination: (1) Return the child to the custody of the parent, legal guardian, or legal custodian and, if necessary, place the child under the supervision of the Department of Human Resources. (2) Place restrictions on travel, associations, or living conditions of the child pending the adjudicatory hearing. (b) An order releasing a child on any conditions specified may at any time be amended to impose additional or different conditions. (Act 2008-277, p. 441, §18.)
AL Code § 12-15-310 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 15 - Juvenile Proceedings.|Article 3 - Dependency and Termination of Parental Rights.|Section 12-15-310 - Conduct of Adjudicatory Hearings.

Section 12-15-310Conduct of adjudicatory hearings. (a) An adjudicatory hearing is a hearing at which evidence is presented for a juvenile court to determine if a child is dependent. At the commencement of the hearing, if the parties are not represented by counsel, they shall be informed of the specific allegations in the petition. The parties shall be permitted to admit or deny the allegations prior to the taking of testimony. (b) If the allegations are denied by the parties or if they fail to respond, the juvenile court shall proceed to hear evidence on the petition. The juvenile court shall record its findings on whether the child is dependent. If the juvenile court finds that the allegations in the petition have not been proven by clear and convincing evidence, the juvenile court shall dismiss the petition. (c) A statement made by a child under the age of 12 describing any act of child abuse committed against the child, if it is not otherwise admissible by statute or court rule, is admissible only in dependency cases brought by the State of Alabama acting by and through a local department of human resources if both of the following are true: (1) The statement was made to a social worker, therapist, counselor, licensed psychologist, physician, or school or kindergarten teacher or instructor, or during a forensic interview. (2) The juvenile court finds that the time, content, and circumstances of the statement provide sufficient indicia of reliability. In making its determination, the juvenile court may consider the physical and mental age and maturity of the child, the nature and duration of the abuse or offense, the relationship of the child to the offender, and any other factor deemed appropriate. (d) A statement may not be admitted pursuant to this section unless the proponent of the statement makes known to the adverse party the intention of the proponent to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to rebut the statement. This child hearsay exception applies to all hearings involving dependency including, but not limited to, the 72-hour hearing requirement, the adjudicatory hearing, and the dispositional hearing. The exception contained in this subsection shall not apply to a criminal proceeding or charge. (Act 2008-277, p. 441, §18; Act 2019-381, §1.)
AL Code § 12-15-311 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 15 - Juvenile Proceedings.|Article 3 - Dependency and Termination of Parental Rights.|Section 12-15-311 - Dispositional Hearing.

Section 12-15-311Dispositional hearing. (a) If the juvenile court finds from clear and convincing evidence, competent, material, and relevant in nature, that a child is dependent, the juvenile court may proceed immediately, in the absence of objection showing good cause or at a postponed hearing, to make proper disposition of the case. (b) In dispositional hearings, all relevant and material evidence helpful in determining the best interests of the child, including verbal and written reports, may be received by the juvenile court even though not admissible in the adjudicatory hearing. The parties or their counsel shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports. (c) On its own motion or that of a party, the juvenile court may continue the dispositional hearing pursuant to this section for a reasonable period to receive reports and other evidence bearing on the disposition or need for care or rehabilitation. In this event, the juvenile court shall make an appropriate order for temporary care for the child, or the release of the child from temporary care during the period of the continuance, subject to those conditions as the juvenile court may impose. (Act 2008-277, p. 441, §18.)
AL Code § 12-15-313 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 15 - Juvenile Proceedings.|Article 3 - Dependency and Termination of Parental Rights.|Section 12-15-313 - Ordering and Preparation of Report Concerning a Child and Family; Ordering, Conduct, and Certification of Findings of Physical or Mental Examination of Child Prior to Hearing on Petition Generally; Examination of Parent, Legal Guardian, or Legal Custodian After Hearing Where Ability to Care for or Supervise Child at Issue.

Section 12-15-313Ordering and preparation of report concerning a child and family; ordering, conduct, and certification of findings of physical or mental examination of child prior to hearing on petition generally; examination of parent, legal guardian, or legal custodian after hearing where ability to care for or supervise child at issue. (a) After a petition alleging dependency has been filed, the juvenile court may direct that a study and report to the juvenile court be made by the Department of Human Resources with recommendations concerning the child, his or her family, his or her environment, and other matters relevant to the need for treatment or disposition of the case. (b) Where there are indications that the child may be physically ill or a child with mental illness or an intellectual disability, on its own motion or motion of a party, may order the child to be examined at a suitable place by a physician, psychiatrist, psychologist, or other qualified examiner under the supervision of a physician, psychiatrist, or psychologist who shall certify the findings of the examiner in writing prior to a hearing on the merits of the petition.  (Act 2008-277, p. 441, §18.)
AL Code § 12-15-316 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 15 - Juvenile Proceedings.|Article 3 - Dependency and Termination of Parental Rights.|Section 12-15-316 - Modification, Extension, or Termination of Orders of Custody or Protective Supervision Generally.

Section 12-15-316Modification, extension, or termination of orders of custody or protective supervision generally. An order awarding legal custody or an order of protective supervision made by the juvenile court in the case of a child may be modified, terminated, or extended on motion by any of the following: (1) A child, whose legal custody has been transferred to a department, institution, agency, or person, requesting the juvenile court for a modification or termination of the order, alleging that the child is no longer dependent or that protective supervision is no longer necessary. (2) A department, institution, agency, or person vested with legal custody or responsibility for protective supervision, requesting the juvenile court for a modification, an extension, or a termination of the order on the grounds that this action is in the best interests of the child. (Act 2008-277, p. 441, §18.)
AL Code § 12-15-317 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 15 - Juvenile Proceedings.|Article 3 - Dependency and Termination of Parental Rights.|Section 12-15-317 - Who May File Petition.

Section 12-15-317Who may file petition. The Department of Human Resources, any public or private licensed child-placing agency, parent, child, or any interested person may file a petition to terminate the parental rights of a parent or parents of a child. (1) Mandatory filing of petition by the Department of Human Resources. The Department of Human Resources shall be required to file a petition to terminate the parental rights of a parent or parents of a child, or if the petition has been filed by another party, shall seek to be joined as a party to the petition, and, concurrently, to identify, recruit, process, and approve a qualified family for adoption, in the following circumstances: a. In the case of a child who has been in foster care in the custody of the Department of Human Resources for 12 of the most recent 22 months. b. If a child has been abandoned. c. If the parent has committed murder of another child of that parent. d. If the parent has committed manslaughter of another child of that parent. e. If the parent has aided, abetted, attempted, conspired, or solicited to commit murder or manslaughter of another child of that parent. f. If the parent has committed a felony assault that has resulted in serious bodily injury, as defined in paragraph c. of subdivision (5) of subsection (a) of Section 12-15-319, to the child, to another child of the parent, or to the other parent of the child. (2) Exceptions to mandatory filing shall include any of the following factors: a. The child is being cared for by a relative. b. The Department of Human Resources has documented in the individualized service plan, which shall be available for review by the juvenile court, a compelling reason for determining that filing a petition would not be in the best interests of the child. c. The Department of Human Resources has not provided to the family of the child, consistent with the time period in the individualized service plan of the Department of Human Resources, such services as the Department of Human Resources deems necessary for the safe return of the child to his or her home, if reasonable efforts are required to be made with respect to the child. (Acts 1984, No. 84-261, p. 442, §5; Act 98-370, p. 670, §1; §26-18-5; amended and renumbered by Act 2008-277, p. 441, §19; Act 2013-157, p. 297, §2.)
AL Code § 12-15-318 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 15 - Juvenile Proceedings.|Article 3 - Dependency and Termination of Parental Rights.|Section 12-15-318 - Service of Process.

Section 12-15-318Service of process. (a) Except as otherwise provided by the Alabama Rules of Juvenile Procedure and this section, service of process of termination of parental rights actions shall be made in accordance with the Alabama Rules of Civil Procedure. (b) If service of process has not been completed within 45 days of the filing of the termination of parental rights petition, the petitioner shall request service by publication. (c) Service of process by publication may not be ordered by the juvenile court unless at least one of the following conditions is met: (1) The child who is the subject of the proceedings was abandoned in the state, or (2) The state or private department or agency having custody of the child has established, by evidence presented to the juvenile court, that the absent parent or parents are avoiding service of process or their whereabouts are unknown and cannot be ascertained with reasonable diligence. (d) Service shall be made by publication in a newspaper of general circulation in the county of the juvenile court having jurisdiction and in the county of the last known address of the parent or parents of the abandoned child, at least once a week for four consecutive weeks. (Acts 1984, No. 84-261, p. 442, §6; Act 97-851, p. 138, §1; §26-18-6; amended and renumbered by Act 2008-277, p. 441, §19; Act 2013-157, p. 297, §2.)
AL Code § 12-15-320 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 15 - Juvenile Proceedings.|Article 3 - Dependency and Termination of Parental Rights.|Section 12-15-320 - Dispositions.

Section 12-15-320Dispositions. (a) Termination of parental rights cases shall be given priority over other cases. The trial on the petition for termination of parental rights shall be completed within 90 days after service of process has been perfected. The trial court judge shall enter a final order within 30 days of the completion of the trial. (b) If the juvenile court determines that the parents of a child are unwilling or unable to act as parents and terminates their parental rights, it may do the following: (1) Transfer or continue the permanent legal custody of the child to the Department of Human Resources or to any public or private licensed child-placing agency able and willing to assume the care and maintenance of the child. An order of the juvenile court which terminates parental rights and awards permanent legal custody to the Department of Human Resources or to a licensed child-placing agency shall mean that the Department of Human Resources or the licensed child-placing agency shall have authority to make permanent plans for the child, including the authority to place for adoption and consent to adoption. (2) Transfer or continue the permanent legal custody of the child to the petitioner who, after study by the Department of Human Resources, is found to be able to properly receive and care for the child. (Acts 1984, No. 84-261, p. 442, §8; §26-18-8; amended and renumbered by Act 2008-277, p. 441, §19; Act 2013-157, p. 297, §2.)
AL Code § 12-15-321 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 15 - Juvenile Proceedings.|Article 3 - Dependency and Termination of Parental Rights.|Section 12-15-321 - Periodic Review of Efforts to Achieve Adoption of Child in Custody of Another After Parental Rights Terminated.

Section 12-15-321Periodic review of efforts to achieve adoption of child in custody of another after parental rights terminated. Where the juvenile court has terminated the parental rights and has placed legal custody of the child with the Department of Human Resources or with a public or private licensed child-placing agency, the juvenile court, at least annually, shall review the circumstances of the child to determine what efforts have been made to achieve permanency for the child. (Acts 1984, No. 84-261, p. 442, §9; §26-18-9; amended and renumbered by Act 2008-277, p. 441, §19.)
AL Code § 12-15-322 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 15 - Juvenile Proceedings.|Article 3 - Dependency and Termination of Parental Rights.|Section 12-15-322 - Authority of One in Custody to Place Child for Adoption or Consent to Adoption.

Section 12-15-322 Authority of one in custody to place child for adoption or consent to adoption. Upon the termination of parental rights by the juvenile court and placement of permanent custody of a child with any agency or department, the agency or department may place the child for adoption or consent to the adoption of the child. (Acts 1984, No. 84-261, p. 442, §10; §26-18-10; amended and renumbered by Act 2008-277, p. 441, §19.)
AL Code § 12-15-323 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 15 - Juvenile Proceedings.|Article 3 - Dependency and Termination of Parental Rights.|Section 12-15-323 - Appeals of Dependency and Termination of Parental Rights Cases.

Section 12-15-323Appeals of dependency and termination of parental rights cases. Appeals relating to dependency and termination of parental rights cases shall take priority over other cases filed on appeal except for emergency matters, including appeals from denial of waiver of parental consent for abortion. (Act 2008-277, p. 441, §20.)
AL Code § 12-15-324 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 15 - Juvenile Proceedings.|Article 3 - Dependency and Termination of Parental Rights.|Section 12-15-324 - Applicability.

Section 12-15-324Applicability. The provisions of Sections 12-15-317 and 12-15-319 as amended by Act 98-370, regarding termination of parental rights petitions required to be filed by the Department of Human Resources shall apply to all children coming into foster care after April 22, 1998. In the case of children in foster care on April 22, 1998, the department shall comply with the timetable established by federal law for the processing of such cases. (Act 98-370, p. 670, §2; §26-18-11.)
AL Code § 12-15-401 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 15 - Juvenile Proceedings.|Article 4 - Involuntary Commitment of Minors or Children.|Section 12-15-401 - Definitions.

Section 12-15-401Definitions. For purposes of this article, the following words and phrases shall have the following meanings: (1) COMMIT. Transfer legal and physical custody. (2) DEPARTMENT. The Department of Mental Health. (Act 2008-277, p. 441, §21.)
AL Code § 12-15-402 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 15 - Juvenile Proceedings.|Article 4 - Involuntary Commitment of Minors or Children.|Section 12-15-402 - Authority and Procedure.

Section 12-15-402Authority and procedure. (a) The state, any county, any municipality, or any governmental department or agency, including, but not limited to, the Department of Human Resources or the Department of Youth Services, or any person, including a parent, legal guardian, or legal custodian, may file a petition in the juvenile court to have any minor or child, as defined in this chapter, committed to the custody of the department on the basis that the minor or child is an individual with a mental illness or intellectual disability and, as a consequence of that mental illness or intellectual disability, poses a real and present threat of substantial harm to self or to others. (b) The petition shall be verified and filed in the county in which the minor or child is located or resides, petitioning the juvenile court to commit the minor or child to the custody of the department. (Acts 1975, No. 1205, p. 2384, §5-137; Acts 1985, 2nd Ex. Sess., No. 85-928; §12-15-90; amended and renumbered by Act 2008-277, p. 441, §22.)
AL Code § 12-15-403 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 15 - Juvenile Proceedings.|Article 4 - Involuntary Commitment of Minors or Children.|Section 12-15-403 - Review of the Petition by the Juvenile Court.

Section 12-15-403Review of the petition by the juvenile court. (a) When at the time a petition is filed, a juvenile court shall immediately review the petition and may require the petitioner to be sworn and answer under oath questions in regard to the petition and the minor or child sought to be committed. (b) If it appears from the face of the petition or from the testimony of the petitioner that the petition is totally without merit, the juvenile court shall order the petition dismissed without further proceedings. (Act 2008-277, p. 441, §23.)
AL Code § 12-15-404 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 15 - Juvenile Proceedings.|Article 4 - Involuntary Commitment of Minors or Children.|Section 12-15-404 - Service of the Petition.

Section 12-15-404Service of the petition. Service of the petition upon the minor or child sought to be committed and upon his or her parent, legal guardian, or legal custodian shall be as provided in this chapter for service on minors and children generally or as otherwise provided by rules of court promulgated by the Supreme Court of Alabama. (Act 2008-277, p. 441, §23.)