Code of Alabama - Title 12: Courts - Chapter 15 - Juvenile Proceedings
- Article 1 General Provisions.
- Section 12-15-101 Purpose of the Alabama Juvenile Justice Act; short title; goals for the juvenile court
(a) This chapter shall be known as the Alabama Juvenile Justice Act. The purpose of this chapter is to facilitate the care, protection, and discipline...
- Section 12-15-102 Definitions
When used in this chapter, the following words and phrases have the following meanings: (1) ADULT. An individual 19 years of age or older. (2)...
- Section 12-15-103 Juvenile court judges may be circuit or district court judges; maintenance of separate juvenile case action summaries; promulgation of rules of procedure for juvenile courts; powers of judges of juvenile courts as to issuance of writs and processes and as to equity generally
(a) A circuit or district court judge may be designated as a juvenile court judge. (b) The juvenile court shall maintain a separate docketing and...
- Section 12-15-104 Advisory boards
(a) The presiding juvenile court judge may appoint not less than five nor more than 25 citizens of the county, known for their interest in...
- Section 12-15-105 Exercise of authority by district attorneys in juvenile court proceedings generally; assistance by district attorneys in the juvenile courts; representation of the state by district attorneys in cases appealed from juvenile courts
(a) The district attorney of the judicial circuit in which delinquency or child in need of supervision cases are filed may exercise his or her...
- Section 12-15-106 Juvenile court referees' qualifications and appointment; conduct of hearings of cases by juvenile court referees; transmission of findings and recommendations for disposition of juvenile court referees to juvenile court judges; provision of notice and written copies of findings and recommendations of juvenile court referees to parties; rehearing of cases by juvenile court judges; when findings and recommendations of juvenile court referees become decree of the juvenile court
(a) Appointment of Referees. The Administrative Director of Courts may authorize one or more referee positions in any judicial circuit on either a full-time or...
- Section 12-15-107 Juvenile probation officers - Duties of juvenile probation officers generally; powers of juvenile probation officers as to taking into custody and placing in shelter or detention care of children generally; procedure upon taking into custody of child by juvenile probation officer generally
(a) For the purpose of carrying out the objectives and purposes of this chapter and subject to the limitations of this chapter or imposed by...
- Section 12-15-108 Liability of counties for expenses of maintenance and care of children under the jurisdiction of the juvenile court pursuant to this chapter; reimbursement
Except as otherwise provided in this chapter, all expenses necessary or appropriate to the carrying out of the purposes and intent of this chapter and...
- Section 12-15-109 Issuance of orders to parents for payment of court costs, fees of attorneys, and expenses for support, treatment of children under the jurisdiction of the juvenile court pursuant to this chapter; manner of payment; proceedings upon failure of parents to pay amounts directed
If, after making a parent, or other person legally obligated to care for and support a child, a party to the action pursuant to this...
- Section 12-15-110 Punishment for contempt of court of persons disobeying orders of the juvenile court generally
(a) Subject to the laws relating to the procedures therefor and the limitations thereon, the juvenile court may punish a person for contempt of court...
- Section 12-15-111 Contributing to the delinquency, dependency, or need of supervision of children
(a) It shall be unlawful for any parent, legal guardian, legal custodian, or other person to do any of the following: (1) To willfully aid,...
- Section 12-15-112 Interference with performance of duties by juvenile probation officers
(a) It shall be unlawful for any person to interfere knowingly with or oppose or otherwise obstruct any juvenile probation officer or representative of the...
- Section 12-15-113 Jurisdiction to make a parent or parents, legal guardians, or legal custodians parties to juvenile court proceedings
A juvenile court shall have the authority to make a parent, legal guardian, or legal custodian a party to a juvenile court proceeding pursuant to...
- Section 12-15-114 Original jurisdiction - Juvenile
(a) A juvenile court shall exercise exclusive original jurisdiction of juvenile court proceedings in which a child is alleged to have committed a delinquent act,...
- Section 12-15-115 Original jurisdiction - Civil
(a) A juvenile court shall also exercise original jurisdiction of the following civil proceedings: (1) Removal of disabilities of nonage pursuant to Chapter 13 of...
- Section 12-15-116 Original jurisdiction - Criminal
(a) A juvenile court shall have exclusive original jurisdiction to try any individual committing any of the following offenses while 18 years of age or...
- Section 12-15-117 Retention and termination of jurisdiction generally
(a) Once a child has been adjudicated dependent, delinquent, or in need of supervision, jurisdiction of the juvenile court shall terminate when the child becomes...
- Section 12-15-117.1 Continuing jurisdiction of juvenile court to modify and enforce judgments
(a) The Legislature finds that it was its original intent in the adoption of the Alabama Juvenile Justice Act (Act 2008-277) for a juvenile court...
- Section 12-15-118 Duties of juvenile court intake officers
A person employed by the judicial branch of government who is designated by a juvenile court as a juvenile court intake officer shall perform the...
- Section 12-15-119 Informal adjustment of certain cases prior to filing of juvenile petition
After a verified complaint has been filed and before a petition alleging delinquency or in need of supervision is filed, the juvenile court intake officer,...
- Section 12-15-120 Cases initiated by filing of petitions by juvenile court intake officers
(a) Delinquency, child in need of supervision, and dependency cases and proceedings pursuant to Section 12-15-132 before the juvenile court shall be initiated by the...
- 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...
- 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...
- Section 12-15-123 Manner of service of summons
Service of summonses in cases filed in the jurisdiction of the juvenile court shall be pursuant to rules of procedure adopted by the Supreme Court...
- Section 12-15-124 Authority of juvenile court to make interlocutory or final dispositional orders in cases where parties served by publication
The juvenile court shall make interlocutory and final dispositional orders in those cases in which a party or parties have been served by publication in...
- Section 12-15-125 Taking into custody of children generally
(a) A child or minor may be taken into custody for any of the following reasons: (1) Pursuant to an order of the juvenile court....
- Section 12-15-126 Issuance of pick-up order for taking into custody
If it appears from a sworn statement, written or verbal, presented to the juvenile court that a child needs to be placed in detention or...
- Section 12-15-127 Release, delivery to detention or shelter care facility, medical facility of children taken into custody generally
(a) A person taking a child into custody without an order of the juvenile court shall, with all possible speed, and in accordance with this...
- Section 12-15-128 Authority and criteria for continuation of detention or shelter care of children taken into custody beyond 72 hours
(a) An allegedly delinquent child, dependent child, or child in need of supervision lawfully taken into custody shall immediately be released, upon the ascertainment of...
- Section 12-15-129 Conduct of hearings generally
All hearings pursuant to this chapter shall be conducted by the juvenile court without a jury and separate from other proceedings. The general public shall...
- Section 12-15-130 Ordering, conduct, and certification of findings of mental and physical examinations of children; minors or children believed to be individuals with a mental illness or an intellectual disability; treatment or care for children; payment; authority to order emergency medical care for children
(a) Where there are indications that a child may be physically ill, a child with mental illness or an intellectual disability, or an evaluation of...
- Section 12-15-131 Issuance of orders restraining conduct of parties to proceedings
In any proceeding commenced pursuant to this chapter, on motion of the juvenile court or on motion of a party, the juvenile court may make...
- Section 12-15-132 Proceedings against children violating terms of probation or aftercare; disposition of these children
(a) A child on probation or aftercare incident to an adjudication as a delinquent child or a child in need of supervision who violates the...
- Section 12-15-133 Filing and inspection of records
(a) The following records, reports, and information acquired or generated in juvenile courts concerning children shall be confidential and shall not be released to any...
- Section 12-15-134 Maintenance and inspection of law enforcement records
(a) Law enforcement agencies shall take special precautions to ensure that law enforcement records and files concerning a child will be maintained in a manner...
- Section 12-15-135 Taking and disposition of fingerprints, photographs, blood samples
(a) Fingerprints of a child who has been charged with a delinquent act shall be taken by the law enforcement agency taking the child into...
- Section 12-15-136 Proceedings for sealing legal and social files and records of courts, pertaining to certain persons and effect thereof
(a) On motion of a person who has been the subject of a delinquency or child in need of supervision petition , the juvenile court...
- Section 12-15-137 Proceedings for destruction of legal and social files and records of juvenile courts pertaining to certain persons and effect thereof
(a) A person who has been the subject of a delinquency petition and has met the conditions stipulated in subdivision (2) of subsection (a) of...
- Section 12-15-138 Power of juvenile courts to enter protection or restraint ex parte order; when order may be entered; purpose of order
The juvenile court, at any time after a dependency petition has been filed, or on an emergency basis, may enter an order of protection or...
- Section 12-15-139 Requisites for order; notice and hearing; evidentiary standard; showing of necessity to protect health or safety of child subject to a juvenile court proceeding, best interests of the child
A protection or restraint order may be issued by the juvenile court, after notice and a hearing, upon proper showing by a preponderance of the...
- Section 12-15-140 Content of order; order may set forth reasonable conditions of behavior for parents, persons responsible for care; enumeration of certain specific requirements which may be included in order
(a) The protection or restraint order may set forth reasonable conditions of behavior to be observed by a person who is a parent, legal guardian,...
- Section 12-15-141 Emergency ex parte orders authorized upon showing of verified evidence of abuse or neglect; evidence required; hearing required within 72 hours of issuance of order
The juvenile court may enter an ex parte order of protection or restraint on an emergency basis, without prior notice and a hearing, upon a...
- Section 12-15-142 Modification, extension, or termination of order after notice and hearing for person subject thereto; findings required concerning best interests of the child subject to a juvenile court proceeding
After notice and opportunity for a hearing afforded to a person subject to a protection or restraint order, the order may be modified or extended...
- Section 12-15-143 Violations of orders punished as contempt; willful conduct rendering violator responsible for court costs and attorney fees
(a) Any person violating an order of protection or restraint shall be punishable for contempt of court, as in other cases, and upon a finding...
- Section 12-15-144 Construction of sections; sections to be read in pari materia with certain other laws
The provisions of Sections 12-15-138 to 12-15-143, inclusive, shall be construed in pari materia with Sections 30-5-1 to 30-5-11, inclusive, as amended, and other criminal...
- Article 2 Delinquency and Children in Need of Supervision.
- Section 12-15-201 Definitions
For purposes of this article, the following terms and phrases shall have the following meanings: (1) AVERAGE COST OF DETENTION. The average cost of detention...
- Section 12-15-202 Rights of the child
(a) Rights of the child when taken into custody. When a child is taken into custody, the person taking the child into custody shall inform...
- 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...
- Section 12-15-204 Acts for which person who has attained age 16 shall be charged, arrested, and tried as adult; removal of person from jurisdiction of juvenile court
(a) Notwithstanding any other provision of law, any person who has attained the age of 16 years at the time of the conduct charged and...
- Section 12-15-205 Venue generally
If delinquency or in need of supervision is alleged, proceedings shall be commenced in the county where the acts constituting the allegation occurred.
- Section 12-15-206 Transfer of delinquent and child in need of supervision proceedings between juvenile courts within the state
If a child resides in a county of the state and the delinquency or child in need of supervision proceeding is commenced in a juvenile...
- Section 12-15-207 Filing of petition and conduct of hearing as to necessity for continuation of detention or shelter care of a child; violation of probation and aftercare
(a) When a child is not released from detention or shelter care as provided in Section 12-15-127, a petition shall be filed and a hearing...
- Section 12-15-208 Facilities to be used for detention or shelter care of children generally; when child may be detained in jail or other facility for detention of adults; notification of juvenile court, when child received at facility for detention of adult offenders or persons charged with crimes; development of statewide system; Department of Youth Services to subsidize detention in regional facilities, may contract for detention; transfer of child to detention facility, when case transferred from juvenile court for criminal prosecution
(a) Persons who shall not be detained or confined in secure custody include all of the following: (1) STATUS OFFENDERS. Effective October 1, 2009, status...
- Section 12-15-208.1 Requirements for the detainment of juveniles
(a) No person under the age of 18 years, including one who has been transferred for criminal prosecution pursuant to Section 12-15-203 or charged pursuant...
- Section 12-15-209 Children to be released when full-time detention or 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 full-time detention or shelter care of a child is not required, the juvenile court shall order the release...
- Section 12-15-210 Notification to children of right to counsel; appointment of counsel by juvenile court
(a) In delinquency and child in need of supervision cases, a child and his or her parent, legal guardian, or legal custodian shall be advised...
- Section 12-15-211 Suspension of proceedings and continuation of cases under terms and conditions agreed to by parties
(a) The juvenile court may suspend delinquency or child in need of supervision proceedings pursuant to a consent decree. The terms and conditions of the...
- Section 12-15-212 Conduct of delinquency and child in need of supervision hearings
(a) If the allegations are denied, the juvenile court shall proceed to hear evidence on the petition. If the juvenile court finds on proof beyond...
- Section 12-15-213 Children charged with delinquent acts or alleged to be in need of supervision to be accorded privilege against self-incrimination; admissibility in evidence of extrajudicial statements of children and evidence illegally seized or obtained; double jeopardy
(a) A child charged with a delinquent act or who is alleged to be in need of supervision shall be accorded the rights and privileges...
- Section 12-15-214 Ordering and preparation of study and written report concerning child; 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 in issue
The juvenile court may direct that a juvenile probation officer conduct a study and submit a written report to the juvenile court with recommendations concerning...
- Section 12-15-215 Disposition of delinquent children or children in need of supervision generally
(a) If the juvenile court finds on proof beyond a reasonable doubt, based upon competent, material, and relevant evidence, that a child committed the acts...
- Section 12-15-216 Legislative intent
The Legislature reaffirms its belief that juvenile court records, in general, should be confidential. However, it is the intent of the Legislature by Act 99-433,...
- Section 12-15-217 Notice of delinquent acts
(a) Notwithstanding subsection (a) of Section 12-15-133, written notice that a child enrolled in a school, kindergarten to grade 12, has been found delinquent of...
- Section 12-15-218 Order requiring parent, legal guardian, or legal custodian to assist child in complying with terms of probation; penalties; exemptions
(a) In all cases where a child has been granted probation, the juvenile court, as a condition of granting probation to the child, may order...
- Section 12-15-219 Serious juvenile offenders; disposition; serious juvenile offender review panel; facility and programs
(a) The juvenile court may find a child to be a serious juvenile offender if: (1) The child is adjudicated delinquent and the delinquent act...
- Section 12-15-220 Orders of disposition not to be deemed convictions, impose civil disabilities, etc.; disposition of child and evidence in hearing not admissible in another court
(a) An order of disposition or other adjudication in a proceeding pursuant to subsection (a) of Section 12-15-114 shall not be considered to be a...
- Section 12-15-221 Modification, extension or termination of orders of custody or probation generally
(a) An order awarding legal custody or an order of probation made by the juvenile court in the case of a child may be modified,...
- Article 3 Dependency and Termination of Parental Rights.
- Section 12-15-301 Definitions
For purposes of this article, the following words and phrases shall have the following meanings: (1) ABANDONMENT. A voluntary and intentional relinquishment of the custody...
- Section 12-15-302 Venue generally
(a) Dependency proceedings shall be commenced in the county where the child resides, in the county where the child is present when the proceedings are...
- Section 12-15-303 Transfer of dependency proceedings between juvenile courts within the state
(a) If a dependency proceeding is commenced in a county other than the county of the residence of the child, the juvenile court in which...
- Section 12-15-304 Appointment by juvenile courts of guardians ad litem
(a) In all dependency and termination of parental rights proceedings, the juvenile court shall appoint a guardian ad litem for a child who is a...
- Section 12-15-305 Right to counsel for petitioners or respondent parents, legal guardians, or legal custodians in dependency proceedings
THIS SECTION WAS CREATED BY ACT 2008-277 IN THE 2008 REGULAR SESSION, EFFECTIVE JANUARY 1, 2009. (a) Upon request and a finding of indigency, the...
- Section 12-15-306 Removing a child from the custody of a parent, legal guardian, or legal custodian
(a) A child may be removed by a law enforcement officer from the custody of a parent, legal guardian, or legal custodian if there are...
- Section 12-15-307 Notice and right to be heard to be given to relatives, preadoptive parents, or foster parents
Relative caregivers, preadoptive parents, and foster parents of a child in foster care under the responsibility of the state shall be given notice, verbally or...
- Section 12-15-308 Filing 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...
- 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
(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...
- Section 12-15-310 Conduct 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...
- Section 12-15-311 Dispositional 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...
- Section 12-15-312 Reasonable efforts in judicial determinations; situations in which reasonable efforts are not required to be made
(a) When the juvenile court enters an order removing a child from his or her home and places the child into foster care or custody...
- 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
(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...
- Section 12-15-314 Dispositions for dependent children
(a) If a child is found to be dependent, the juvenile court may make any of the following orders of disposition to protect the welfare...
- Section 12-15-315 Permanency hearing for Department of Human Resources cases only
(a) Within 12 months of the date a child is removed from the home and placed in out-of-home care, and not less frequently than every...
- Section 12-15-316 Modification, 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,...
- Section 12-15-317 Who 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...
- Section 12-15-318 Service 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...
- Section 12-15-319 Grounds for termination of parental rights; factors considered; presumption arising from abandonment
(a) If the juvenile court finds from clear and convincing evidence, competent, material, and relevant in nature, that the parents of a child are unable...
- Section 12-15-320 Dispositions
(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...
- Section 12-15-321 Periodic 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...
- 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...
- Section 12-15-323 Appeals 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...
- Section 12-15-324 Applicability
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...
- Article 4 Involuntary Commitment of Minors or Children.
- Section 12-15-401 Definitions
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...
- Section 12-15-402 Authority 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...
- Section 12-15-403 Review 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...
- Section 12-15-404 Service 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...
- Section 12-15-405 Notice of hearing; appointment of counsel for the minor or child
(a) When any minor or child against whom a petition has been filed seeking to commit the minor or child to the custody of the...
- Section 12-15-406 Determination of placement of the minor or child
(a) At the time that a minor or child sought to be committed is first brought before the juvenile court, the juvenile court shall determine...
- Section 12-15-407 Probable cause hearings for temporary confinement of the minor or child
(a) If the juvenile court finds it necessary to temporarily confine or restrain the minor or child, pending final hearing upon a petition for mental...
- Section 12-15-408 Conducting hearings to commit the minor or child
At all hearings conducted pursuant to this section to commit a minor or child to the custody of the department, the following shall apply: (1)...
- Section 12-15-409 Role of attorney as advocate; designation of facilities
(a) An attorney representing the state, any county, or municipality or the Department of Youth Services or the Department of Human Resources or an attorney...
- Section 12-15-410 Evidence in commitment proceedings for minor and child with an intellectual disability
(a) At the final hearing upon a petition seeking to commit a minor or child to the department on the basis that the minor or...
- Section 12-15-411 Discharge of the minor or child from custody of the department
(a) Any minor or child committed to the custody of the department who has gained maximum benefit from institutional treatment, who is no longer in...
- Section 12-15-412 Retention of jurisdiction
The juvenile court committing any minor or child to the custody of the department shall retain jurisdiction over the minor or child so long as...
- Section 12-15-413 Combining probable cause and final hearings
The probable cause hearing provided in Section 12-15-407 and the final hearing provided in Section 12-15-408 may be consolidated with the consent of all the
- Article 5 Multiple Needs Child Provisions.
- Section 12-15-501 Definitions
For purposes of this article, the following words and phrases shall have the following meanings: (1) COUNTY TEAM. A county children's services facilitation team. (2)...
- Section 12-15-502 Referral of multiple needs child case to county team
After the filing of a petition alleging that a child is delinquent, dependent, or in need of supervision, or after the filing of a petition...
- Section 12-15-503 Recommendation by county team; decision by juvenile court of multiple needs child
(a) Within 21 days of receipt of a juvenile court referral or within another time specified by the juvenile court, the county team shall present...
- Section 12-15-504 Creation of Executive Council of the State Team; membership; duties
There is created an Executive Council of the State Team consisting of the heads of the following departments or agencies: Department of Education, Department of...
- Section 12-15-505 State Team established; membership; term; duties; hiring authority
(a) The State Team is created and shall consist of a representative appointed by the head of the following departments, agencies, or organizations: The Department...
- Section 12-15-506 County teams established; appointments; meetings; duties
(a) A county team is created in each county of the state The county team shall consist of a representative appointed by the head of...
- Section 12-15-507 Reimbursement available for team member expenses
The members of the state and county teams shall be entitled to be reimbursed for their expenses, including travel, lodging, food, and other expenses at...
- Section 12-15-508 State Multiple Needs Children Fund established; use; limitations; accounting system to be maintained; provisions for yearly audit
(a) There is established in the State Treasury a fund to be known as the State Multiple Needs Children Fund which shall be administered by...
- Section 12-15-509 Executive Council to adopt allocation guidelines; granting role of State Team; eligible recipients; prerequisites to maintaining funding; penalty for noncompliance; reporting requirement
(a) The Executive Council of the State Team shall adopt policies and procedures relating to the allocation of available resources for providing services for multiple...
- Article 6 Appeals.
- Article 7 Sexual Exploitation of Child..
Last modified: May 3, 2021