Section 44-1-2


Published: 2015

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Section 44-1-2

Section 44-1-2Definitions.

The following terms, wherever used in this chapter, shall have the following meanings:



(1) AFTERCARE. A youth is released by the department from a state training school operated by the department, wherein the department releases legal custody, supervision, and the right to return until further order of the juvenile court. The term means a legal status created by order of the committing court at the time of release from a state training school whereby a youth is permitted to return to the community subject to supervision by the court or any agency designated by the court and subject to return to the court at any time during the aftercare period.



(2) BOARD. The Alabama Youth Services Board.



(3) BOARD MEMBER. Any member of the Alabama Youth Services Board.



(4) COMMITTED YOUTH. Any youth committed to the legal custody of the department upon a finding of delinquency and a finding by a juvenile judge that the youth is in need of care or treatment, or both, in a state training school. The terms shall not include any youth committed upon a finding of in need of supervision or dependency.



(5) DEPARTMENT. The Department of Youth Services established in this chapter.



(6) DETENTION or DETENTION CARE. Temporary care in a detention facility.



(7) DETENTION FACILITY. A facility licensed by the department, other than a jail, affording secure custody for children and youths.



(8) DIRECTOR. The Alabama Youth Services Director.



(9) DISCHARGE. A complete release of a committed youth by the department without further supervision.



(10) FOSTER CARE FACILITY or GROUP HOME. Any place providing care for one or more youths alleged or adjudicated delinquent, exclusive of the state training schools.



(11) GUARDIAN. Any parent who has legal custody of the person or property of a youth or a person or agency who has custody of the person or property of the youth pursuant to a court order.



(12) JUVENILE COURT. Any court having jurisdiction over juveniles pursuant to Amendment No. 328 of the Constitution of Alabama of 1901 and Title 12.



(13) JUVENILE CODE. Chapter 15 of Title 12.



(14) LEGAL CUSTODY. A legal status created by a court order embodying all of the following rights and responsibilities:



a. The right to have physical possession of the youth.



b. The right and the duty to protect, train, and discipline him or her.



c. The responsibility to provide him or her with food, clothing, shelter, education, and medical, dental, and hospital care.



d. The right to determine where and with whom the youth shall reside.



(15) MAINTENANCE. All general expenses for care including food, clothing, shelter, education, and medical, dental, and hospital care, transportation, and other necessary or incidental expenses or money payments therefor.



(16) PROBATION. A legal status created by a court order following adjudication in a delinquency or in need of supervision case whereby a youth is permitted to remain in the community, subject to supervision by the court or any agency designated by the court and subject to return to the court at any time during the probation period.



(17) STATE. The State of Alabama.



(18) TRAINING SCHOOL. An institution operated by the department for the rehabilitation of delinquent youth.



(19) YOUTH. Prior to January 1, 1978, the term means an individual under the age of 17 or under 19 years of age who committed the act of delinquency with which he or she is charged before reaching the age of 17 years. After December 31, 1977, the term means an individual under the age of 18 or under 19 years of age who committed the act of delinquency with which he or she is charged before reaching the age of 18 years, and for the purpose of continuing to provide services only, jurisdiction obtained by the court in the case of a youth shall be retained by the court until the youth becomes 21 years of age unless terminated prior thereto by order of the judge of the juvenile court.



(20) YOUTH SERVICES. The duties and functions which are authorized or required by this chapter to be provided by the department with respect to the establishment and enforcement of standards of treatment for youths.

(Acts 1973, No. 816, p. 1261, §2; Act 98-392, p. 782, §2.)