Chapter15. JUVENILE PROCEEDINGS.  


Article 1. General Provisions.
§ 12-15-1. Definitions.
§ 12-15-1.1. Alabama Juvenile Justice Act; short title; purpose clause; goals for juvenile court.
§ 12-15-2. Circuit courts and district courts to exercise original concurrent juvenile jurisdiction; maintenance of separate juvenile docket and entry of orders and decrees as to juvenile cases in separate minute book; promulgation of rules of procedure for juvenile courts; powers of courts as to issuance of writs and processes generally; powers of judges of courts as to issuance of writs generally; jurisdiction and equity powers generally.
§ 12-15-3. Designation of juvenile judges; requirement of monthly reports by judges as to work of juvenile courts.
§ 12-15-4. Advisory boards.
§ 12-15-5. Exercise of authority by district attorney in juvenile proceedings generally; assistance of juvenile court by district attorney; representation of state by district attorney in cases appealed by juvenile courts.
§ 12-15-6. Qualifications and appointment of referees; conduct of hearings of cases by referees; transmission of findings and recommendations for disposition of referees to judges; provision of notice and written copies of findings and recommendations of referees to parties; rehearing of cases by judges; when findings and recommendations of referees become decree of court.
§ 12-15-7. Appointment, terms of office, etc., of probation officers; designation of chief probation officer, etc.; duties of probation officers generally; powers of probation officers and representatives of Department of Human Resources as to taking into custody and placing in shelter or detention care of children generally; procedure upon taking into custody of child by probation officer or representative of Department of Human Resources generally.
§ 12-15-8. Appointment by courts of guardians ad litem or guardians of the person for children.
§ 12-15-9. Issuance of order to parents, etc., for payment for support, treatment, etc., of children in custody of persons other than parents generally; proceedings upon failure of parents, etc., to pay amounts directed.
§ 12-15-10. Liability of counties for expenses of maintenance and care of children; reimbursement.
§ 12-15-10.1. Attorney fees provisions repealed.
§ 12-15-11. Issuance of order to parents, etc., for payment of court costs, attorney's fees and expenses for support, treatment, etc., of children; manner of payment, etc.; proceedings upon failure of parents, etc., to pay amounts directed.
§ 12-15-11.1. Order requiring parents or guardian to assist delinquent child in complying with terms of probation; penalties; exemptions.
§ 12-15-12. Punishment for contempt of court of persons disobeying orders of court, etc., generally; limitation upon powers of courts with respect to children violating terms and conditions of orders of protective supervision.
§ 12-15-13. Causing, etc., of delinquency, dependency or need of supervision of children.
§ 12-15-14. Disregarding, etc., of lawful order of court or interference with custody of child under jurisdiction of court.
§ 12-15-15. Removal, concealment, etc., of delinquent or dependent child or child in need of supervision, etc.; interference with performance of duties by probation officer, etc.
§ 12-15-101. Purpose of the Alabama Juvenile Justice Act; short title; goals for the juvenile court.
§ 12-15-102. Definitions.
§ 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.
§ 12-15-104. Advisory boards.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 12-15-110. Punishment for contempt of court of persons disobeying orders of the juvenile court generally.
§ 12-15-111. Contributing to the delinquency, dependency, or need of supervision of children.
§ 12-15-112. Interference with performance of duties by juvenile probation officers.
§ 12-15-113. Jurisdiction to make a parent or parents, legal guardians, or legal custodians parties to juvenile court proceedings.
§ 12-15-114. Original jurisdiction - Juvenile.
§ 12-15-115. Original jurisdiction - Civil.
§ 12-15-116. Original jurisdiction - Criminal
§ 12-15-117. Retention and termination of jurisdiction generally.
§ 12-15-117.1. Continuing jurisdiction of juvenile court to modify and enforce judgments.
§ 12-15-118. Duties of juvenile court intake officers.
§ 12-15-119. Informal adjustment of certain cases prior to filing of juvenile petition.
§ 12-15-120. Cases initiated by filing of petitions by juvenile court intake officers.
§ 12-15-121. Form, contents, and execution of juvenile petitions.
§ 12-15-122. Issuance and service of summonses generally; waiver of service of summonses.
§ 12-15-123. Manner of service of summons.
§ 12-15-124. Authority of juvenile court to make interlocutory or final dispositional orders in cases where parties served by publication.
§ 12-15-125. Taking into custody of children generally.
§ 12-15-126. Issuance of pick-up order for taking into custody.
§ 12-15-127. Release, delivery to detention or shelter care facility, medical facility of children taken into custody generally.
§ 12-15-128. Authority and criteria for continuation of detention or shelter care of children taken into custody beyond 72 hours.
§ 12-15-129. Conduct of hearings generally.
§ 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.
§ 12-15-131. Issuance of orders restraining conduct of parties to proceedings.
§ 12-15-132. Proceedings against children violating terms of probation or aftercare; disposition of these children.
§ 12-15-133. Filing and inspection of records.
§ 12-15-134. Maintenance and inspection of law enforcement records.
§ 12-15-135. Taking and disposition of fingerprints, photographs, blood samples.
§ 12-15-136. Proceedings for sealing legal and social files and records of courts, pertaining to certain persons and effect thereof.
§ 12-15-137. Proceedings for destruction of legal and social files and records of juvenile courts pertaining to certain persons and effect thereof.
§ 12-15-138. Power of juvenile courts to enter protection or restraint ex parte order; when order may be entered; purpose of order.
§ 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.
§ 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.
§ 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.
§ 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.
§ 12-15-143. Violations of orders punished as contempt; willful conduct rendering violator responsible for court costs and attorney fees.
§ 12-15-144. Construction of sections; sections to be read in pari materia with certain other laws.
Article 2. Delinquency and Children in Need of Supervision.
§ 12-15-30. Original jurisdiction generally - Children.
§ 12-15-31. Original jurisdiction generally - Minors and adults.
§ 12-15-32. Retention and termination of jurisdiction generally.
§ 12-15-33. Transfer of cases to juvenile court from other courts; transfer provisions inapplicable to certain offenders.
§ 12-15-34. Transfer of cases from juvenile court to criminal court.
§ 12-15-34.1. Acts for which minor who has attained age 16 shall be charged, arrested, and tried as adult; removal of person from jurisdiction of juvenile court.
§ 12-15-35. Venue generally.
§ 12-15-36. Transfer of proceedings between juvenile courts within state.
§ 12-15-201. Definitions.
§ 12-15-202. Rights of the child.
§ 12-15-203. Transfer of cases from juvenile court.
§ 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.
§ 12-15-205. Venue generally.
§ 12-15-206. Transfer of delinquent and child in need of supervision proceedings between juvenile courts within the state.
§ 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.
§ 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.
§ 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.
§ 12-15-210. Notification to children of right to counsel; appointment of counsel by juvenile court.
§ 12-15-211. Suspension of proceedings and continuation of cases under terms and conditions agreed to by parties.
§ 12-15-212. Conduct of delinquency and child in need of supervision hearings.
§ 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.
§ 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.
§ 12-15-215. Disposition of delinquent children or children in need of supervision generally.
§ 12-15-216. Legislative intent.
§ 12-15-217. Notice of delinquent acts.
§ 12-15-218. Order requiring parent, legal guardian, or legal custodian to assist child in complying with terms of probation; penalties; exemptions.
§ 12-15-219. Serious juvenile offenders; disposition; serious juvenile offender review panel; facility and programs.
§ 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.
§ 12-15-221. Modification, extension or termination of orders of custody or probation generally.
Article 3. Dependency and Termination of Parental Rights.
§ 12-15-50. Cases initiated by filing of petitions by intake officers.
§ 12-15-51. Informal adjustment of certain cases prior to filing of petition.
§ 12-15-52. Form, contents, and execution of petitions.
§ 12-15-53. Issuance and service of summonses generally; endorsements upon summonses; waiver of service of summonses.
§ 12-15-54. Manner of service of summons.
§ 12-15-55. Authority of court to make interlocutory or final dispositional orders in cases where parties served by publication.
§ 12-15-56. Taking into custody of children generally.
§ 12-15-57. Issuance of order for taking into custody and bringing before court of child upon failure of parents, etc., to bring child before court upon request.
§ 12-15-58. Release, delivery to detention or shelter care facility, medical facility, etc., of children taken into custody generally.
§ 12-15-59. Authority and criteria for continuation of detention or shelter care of children taken into custody.
§ 12-15-60. Filing of petition and conduct of hearing as to necessity for continuation of detention or shelter care.
§ 12-15-61. Definitions; facilities to be used for detention or shelter care of children generally; when delinquent child, etc., may be detained in jail or other facility for detention of adults; notification of court, etc., when child received at facility for detention of adult offenders or persons charged with crimes; development of statewide system; department to subsidize detention in regional facilities, may contract for detention; transfer of child to detention facility, etc., when case transferred from juvenile court for criminal prosecution.
§ 12-15-62. Child 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; permanency hearing.
§ 12-15-63. Notification of children, parents, guardians, etc., of right to counsel; appointment of counsel by court.
§ 12-15-64. Suspension of proceedings and continuation of cases under terms and conditions agreed to by parties.
§ 12-15-65. Conduct of hearings and disposition of cases generally; special procedure for possible multiple needs child; reasonable efforts.
§ 12-15-66. Children charged with delinquent acts or alleged to be in need of supervision to be accorded privilege against self-incrimination; admissibility in evidence, etc., of extra judicial statements of children and evidence illegally seized or obtained; double jeopardy.
§ 12-15-68. Granting of continuances in cases.
§ 12-15-69. Ordering and preparation of predisposition study and report concerning child, family, etc.; ordering, conduct, and certification of findings of physical or mental examination of child prior to hearing on petition generally; examination of parent or custodian after hearing where ability to care for or supervise child in issue.
§ 12-15-70. Ordering, conduct and certification of findings of mental and physical examinations of children; proceedings as to minors or children believed to be mentally ill or retarded generally; ordering of treatment or care for children found in need of medical treatment, dental care, etc., and payment therefor; granting by court of authority to order emergency medical care for children.
§ 12-15-71. Disposition of dependent children, delinquent children, multiple needs children, or children in need of supervision generally; evaluative role of children's services facilitation team; placement in alternative school.
§ 12-15-71.1. Serious juvenile offenders; disposition; serious juvenile offender review panel; facility and programs.
§ 12-15-72. Orders of disposition, etc., not to be deemed convictions, impose civil disabilities, etc.; disposition of child and evidence in hearing not admissible in another court.
§ 12-15-73. Issuance of orders restraining conduct of parties to proceedings.
§ 12-15-74. Modification, extension or revocation of orders of custody, probation or protective supervision generally.
§ 12-15-75. Proceedings against children violating terms of probation, aftercare or protective supervision; disposition of such children.
§ 12-15-76. Procedure and dispositions in cases involving minors or adults.
§ 12-15-301. Definitions.
§ 12-15-302. Venue generally.
§ 12-15-303. Transfer of dependency proceedings between juvenile courts within the state.
§ 12-15-304. Appointment by juvenile courts of guardians ad litem.
§ 12-15-305. Right to counsel for petitioners or respondent parents, legal guardians, or legal custodians in dependency proceedings.
§ 12-15-306. Removing a child from the custody of a parent, legal guardian, or legal custodian.
§ 12-15-307. Notice and right to be heard to be given to relatives, preadoptive parents, or foster parents.
§ 12-15-308. Filing of petition and conduct of 72-hour hearing as to necessity for continuation of shelter care of a child.
§ 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.
§ 12-15-310. Conduct of adjudicatory hearings.
§ 12-15-311. Dispositional hearing.
§ 12-15-312. Reasonable efforts in judicial determinations; situations in which reasonable efforts are not required to be made.
§ 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.
§ 12-15-314. Dispositions for dependent children.
§ 12-15-315. Permanency hearing for Department of Human Resources cases only.
§ 12-15-316. Modification, extension, or termination of orders of custody or protective supervision generally.
§ 12-15-317. Who may file petition.
§ 12-15-318. Service of process.
§ 12-15-319. Grounds for termination of parental rights; factors considered; presumption arising from abandonment.
§ 12-15-320. Dispositions.
§ 12-15-321. Periodic review of efforts to achieve adoption of child in custody of another after parental rights terminated.
§ 12-15-322. Authority of one in custody to place child for adoption or consent to adoption.
§ 12-15-323. Appeals of dependency and termination of parental rights cases.
§ 12-15-324. Applicability.
Article 4. Involuntary Commitment of Minors or Children.
§ 12-15-90. Authority and procedure.
§ 12-15-401. Definitions.
§ 12-15-402. Authority and procedure.
§ 12-15-403. Review of the petition by the juvenile court.
§ 12-15-404. Service of the petition.
§ 12-15-405. Notice of hearing; appointment of counsel for the minor or child.
§ 12-15-406. Determination of placement of the minor or child.
§ 12-15-407. Probable cause hearings for temporary confinement of the minor or child.
§ 12-15-408. Conducting hearings to commit the minor or child.
§ 12-15-409. Role of attorney as advocate; designation of facilities.
§ 12-15-410. Evidence in commitment proceedings for minor and child with an intellectual disability.
§ 12-15-411. Discharge of the minor or child from custody of the department.
§ 12-15-412. Retention of jurisdiction.
§ 12-15-413. Combining probable cause and final hearings.
Article 5. Multiple Needs Child Provisions.
§ 12-15-100. Filing and inspection of records, etc.
§ 12-15-501. Definitions.
§ 12-15-502. Referral of multiple needs child case to county team.
§ 12-15-503. Recommendation by county team; decision by juvenile court of multiple needs child.
§ 12-15-504. Creation of Executive Council of the State Team; membership; duties.
§ 12-15-505. State Team established; membership; term; duties; hiring authority.
§ 12-15-506. County teams established; appointments; meetings; duties.
§ 12-15-507. Reimbursement available for team member expenses.
§ 12-15-508. State Multiple Needs Children Fund established; use; limitations; accounting system to be maintained; provisions for yearly audit.
§ 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.
Article 6. Appeals.
§ 12-15-601. Appeals from judgments and orders of juvenile courts.
Article 7. Juvenile Justice Coordinating Councils.
Article 8. Orders of Protection or Restraint to Protect Health or Safety ofChildren.
§ 12-15-151. Requisites for order; notice and hearing; evidentiary standard; showing of necessity to protect health or safety of child, child's best interest.
§ 12-15-150. Power of courts exercising juvenile jurisdiction to enter protection or restraint order; when order may be entered; purpose of order.
§ 12-15-152. Content of order; order may set forth reasonable conditions of behavior for parents, persons responsible for care, etc.; enumeration of certain specific requirements which may be included in order.
§ 12-15-153. 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.
§ 12-15-154. Modification, extension or termination of order after notice and hearing for person subject thereto; findings required concerning child's best interests.
§ 12-15-155. Violations of orders punished as contempt; wilful conduct rendering violator responsible for court costs and attorney fees.
§ 12-15-156. Construction of article; article to be read in pari materia with certain other laws.
Article 9. Children's Services Facilitation Council and Teams.
§ 12-15-170. Creation of Executive Council of the Alabama Children's Services Facilitation Team; membership; duties.
§ 12-15-171. Children's Services Facilitation Team established; membership; term; duties; hiring authority.
§ 12-15-172. County facilitation teams established; appointments; meetings; duties.
§ 12-15-173. Reimbursement available for team member expenses.
§ 12-15-174. State Multiple Needs Children Fund established; use; limitations; accounting system to be maintained; provisions for yearly audit.
§ 12-15-175. Council to adopt allocation guidelines; granting role of state team; eligible recipients; prerequisites to maintaining funding; penalty for noncompliance; reporting requirement.
§ 12-15-176. Effect of other laws on this article; compulsory school age attendance statute to remain in full force and effect.