2006 Alabama Code - Chapter 15 — JUVENILE PROCEEDINGS.

Article 1 General Provisions.

• Section 12-15-1 — (Subject to the satisfaction of contingencies specified in Act 98-392) Definitions.
• Section 12-15-1.1 — Alabama Juvenile Justice Act; short title; purpose clause; goals for juvenile court.
• Section 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.
• Section 12-15-3 — Designation of juvenile judges; requirement of monthly reports by judges as to work of juvenile courts.
• Section 12-15-4 — Advisory boards.
• Section 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.
• Section 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.
• Section 12-15-7 — (Subject to the satisfaction of contingencies specified in Act 98-392) 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.
• Section 12-15-8 — Appointment by courts of guardians ad litem or guardians of the person for children.
• Section 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.
• Section 12-15-10 — Liability of counties for court costs, attorney's fees and expenses for maintenance and care of children generally; manner of payment.
• Section 12-15-10.1 — Attorney fees provisions repealed.
• Section 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.
• Section 12-15-11.1 — Order requiring parents or guardian to assist delinquent child in complying with terms of probation; penalties; exemptions.
• Section 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.
• Section 12-15-13 — Causing, etc., of delinquency, dependency or need of supervision of children.
• Section 12-15-14 — Disregarding, etc., of lawful order of court or interference with custody of child under jurisdiction of court.
• Section 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.

Article 2 Jurisdiction and Venue.

• Section 12-15-30 — Original jurisdiction generally - Children.
• Section 12-15-31 — Original jurisdiction generally - Minors and adults.
• Section 12-15-32 — Retention and termination of jurisdiction generally.
• Section 12-15-33 — Transfer of cases to juvenile court from other courts; transfer provisions inapplicable to certain offenders.
• Section 12-15-34 — Transfer of cases from juvenile court to criminal court.
• Section 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.
• Section 12-15-35 — Venue generally.
• Section 12-15-36 — Transfer of proceedings between juvenile courts within state.

Article 3 Procedure Generally.

• Section 12-15-50 — Cases initiated by filing of petitions by intake officers.
• Section 12-15-51 — Informal adjustment of certain cases prior to filing of petition.
• Section 12-15-52 — Form, contents and execution of petitions.
• Section 12-15-53 — Issuance and service of summonses generally; endorsements upon summonses; waiver of service of summonses.
• Section 12-15-54 — Manner of service of summons.
• Section 12-15-55 — Authority of court to make interlocutory or final dispositional orders in cases where parties served by publication.
• Section 12-15-56 — Taking into custody of children generally.
• Section 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.
• Section 12-15-58 — Release, delivery to detention or shelter care facility, medical facility, etc., of children taken into custody generally.
• Section 12-15-59 — Authority and criteria for continuation of detention or shelter care of children taken into custody.
• Section 12-15-60 — Filing of petition and conduct of hearing as to necessity for continuation of detention or shelter care.
• Section 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.
• Section 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.
• Section 12-15-63 — Notification of children, parents, guardians, etc., of right to counsel; appointment of counsel by court.
• Section 12-15-64 — Suspension of proceedings and continuation of cases under terms and conditions agreed to by parties.
• Section 12-15-65 — Conduct of hearings and disposition of cases generally; special procedure for possible multiple needs child; reasonable efforts.
• Section 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.
• Section 12-15-68 — Granting of continuances in cases.
• Section 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.
• Section 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.
• Section 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.
• Section 12-15-71.1 — Serious juvenile offenders; disposition; serious juvenile offender review panel; facility and programs.
• Section 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.
• Section 12-15-73 — Issuance of orders restraining conduct of parties to proceedings.
• Section 12-15-74 — Modification, extension or revocation of orders of custody, probation or protective supervision generally.
• Section 12-15-75 — Proceedings against children violating terms of probation, aftercare or protective supervision; disposition of such children.
• Section 12-15-76 — Procedure and dispositions in cases involving minors or adults.

Article 4 Involuntary Commitment of Minors or Children.

• Section 12-15-90 — Authority and procedure.

Article 5 Records, Fingerprints and Photographs.

• Section 12-15-100 — Filing and inspection of records, etc.
• Section 12-15-101 — Maintenance and inspection of law enforcement records, etc.
• Section 12-15-102 — Taking and disposition of fingerprints, photographs, blood samples, etc.
• Section 12-15-103 — Proceedings for sealing and destruction of legal and social files and records of courts, probation services, etc., pertaining to certain persons and effect thereof.
• Section 12-15-104 — Legislative intent.
• Section 12-15-105 — Notice of delinquent acts.

Article 6 Appeals.

• Section 12-15-120 — Appeals from judgments, orders, etc., of juvenile courts.

Article 7 Juvenile Justice Coordinating Councils.

• Section 12-15-130 — Alabama Children's Policy Council.
• Section 12-15-131 — Alabama Children's Policy Council Fund.
• Section 12-15-132 — Expenses of council members who are state officers or employees.
• Section 12-15-133 — County children's policy councils - Generally.
• Section 12-15-134 — Children's policy councils - Duties.
• Section 12-15-135 — Juvenile justice coordinating councils renamed.

Article 8 Orders of Protection or Restraint to Protect Health or Safety ofChildren.

• Section 12-15-150 — Power of courts exercising juvenile jurisdiction to enter protection or restraint order; when order may be entered; purpose of order.
• Section 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.
• Section 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.
• Section 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.
• Section 12-15-154 — Modification, extension or termination of order after notice and hearing for person subject thereto; findings required concerning child's best interests.
• Section 12-15-155 — Violations of orders punished as contempt; wilful conduct rendering violator responsible for court costs and attorney fees.
• Section 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.

• Section 12-15-170 — Creation of Executive Council of the Alabama Children's Services Facilitation Team; membership; duties.
• Section 12-15-171 — Children's Services Facilitation Team established; membership; term; duties; hiring authority.
• Section 12-15-172 — County facilitation teams established; appointments; meetings; duties.
• Section 12-15-173 — Reimbursement available for team member expenses.
• Section 12-15-174 — State Multiple Needs Children Fund established; use; limitations; accounting system to be maintained; provisions for yearly audit.
• Section 12-15-175 — Council to adopt allocation guidelines; granting role of state team; eligible recipients; prerequisites to maintaining funding; penalty for noncompliance; reporting requirement.
• Section 12-15-176 — Effect of other laws on this article; compulsory school age attendance statute to remain in full force and effect.