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Official Government Sites
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Section 12-15-30Original jurisdiction generally - Children.
(a) The juvenile court shall exercise exclusive original jurisdictionof proceedings in which a child is alleged to be delinquent, dependent orin need of supervision.
(b) The court shall also exercise exclusive original jurisdictionof the following proceedings, which shall be governed by the laws relatingthereto:
- (1) Proceedings to determine custody or to appoint a legal custodianor guardian of the person of a child when the child is otherwise before thecourt. This provision, however, shall not be construed to deprive other courtsof the right to determine the custody or guardianship of the person of childrenwhen such custody or guardianship is incidental to the determination of casespending in those courts. Such courts, however, may certify said questionsto the juvenile court for hearing and determination or recommendation;
- (2) Removal of disabilities of nonage, including judicial consentto marriage, employment, withdrawal from school, or enlistment when such consentis required by law;
- (3) Proceedings under the interstate compact on juveniles;
- (4) Proceedings for the commitment of a mentally ill or mentallyretarded child;
- (5) Proceedings for the adoption of a child when such proceedingshave been removed from probate court on motion of any party to the proceedings;and
- (6) Termination of parental rights.
(c) The court shall have original jurisdiction in proceedings:
- (1) Concerning any child:
- a. Who is in a situation subjecting him to physical, mental or emotionalabuse or is in clear and present danger of suffering lasting or permanentdamage; or
- b. Who requires emergency medical treatment in order to preservehis life, prevent permanent physical impairment or deformity or alleviateprolonged agonizing pain;
- (2) Where it is alleged that a child's rights are improperly deniedor infringed in proceedings resulting in suspension, expulsion or exclusionfrom a public school.
(Acts 1975, No. 1205, p. 2384, §5-108; Acts 1990, No. 90-674,p. 1304, §4.)
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