There is a newer version of the Code of Alabama
2013 Code of Alabama
Title 12 - COURTS.
Chapter 15 - JUVENILE PROCEEDINGS.
Article 1 General Provisions.- Section 12-15-1 - 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 - 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 expenses of maintenance and care of children; reimbursement.
- Section 12-15-10.1 - Attorney fees provisions repealed.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.
- Section 12-15-101 - Purpose of the Alabama Juvenile Justice Act; short title; goals for the juvenile court.
- Section 12-15-102 - Definitions.
- 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.
- Section 12-15-104 - Advisory boards.
- 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.
- 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.
- 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.
- 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.
- 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.
- Section 12-15-110 - Punishment for contempt of court of persons disobeying orders of the juvenile court generally.
- Section 12-15-111 - Contributing to the delinquency, dependency, or need of supervision of children.
- Section 12-15-112 - Interference with performance of duties by juvenile probation officers.
- Section 12-15-113 - Jurisdiction to make a parent or parents, legal guardians, or legal custodians parties to juvenile court proceedings.
- Section 12-15-114 - Original jurisdiction - Juvenile.
- Section 12-15-115 - Original jurisdiction - Civil.
- Section 12-15-116 - Original jurisdiction - Criminal
- Section 12-15-117 - Retention and termination of jurisdiction generally.
- Section 12-15-117.1 - Continuing jurisdiction of juvenile court to modify and enforce judgments.
- Section 12-15-118 - Duties of juvenile court intake officers.
- Section 12-15-119 - Informal adjustment of certain cases prior to filing of juvenile petition.
- Section 12-15-120 - Cases initiated by filing of petitions by juvenile court intake officers.
- Section 12-15-121 - Form, contents, and execution of juvenile petitions.
- Section 12-15-122 - Issuance and service of summonses generally; waiver of service of summonses.
- Section 12-15-123 - Manner of service of summons.
- Section 12-15-124 - Authority of juvenile court to make interlocutory or final dispositional orders in cases where parties served by publication.
- Section 12-15-125 - Taking into custody of children generally.
- Section 12-15-126 - Issuance of pick-up order for taking into custody.
- Section 12-15-127 - Release, delivery to detention or shelter care facility, medical facility of children taken into custody generally.
- Section 12-15-128 - Authority and criteria for continuation of detention or shelter care of children taken into custody beyond 72 hours.
- Section 12-15-129 - Conduct of hearings generally.
- 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.
- Section 12-15-131 - Issuance of orders restraining conduct of parties to proceedings.
- Section 12-15-132 - Proceedings against children violating terms of probation or aftercare; disposition of these children.
- Section 12-15-133 - Filing and inspection of records.
- Section 12-15-134 - Maintenance and inspection of law enforcement records.
- Section 12-15-135 - Taking and disposition of fingerprints, photographs, blood samples.
- Section 12-15-136 - Proceedings for sealing legal and social files and records of courts, pertaining to certain persons and effect thereof.
- Section 12-15-137 - Proceedings for destruction of legal and social files and records of juvenile courts pertaining to certain persons and effect thereof.
- Section 12-15-138 - Power of juvenile courts to enter protection or restraint ex parte order; when order may be entered; purpose of order.
- 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.
- 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.
- 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.
- 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.
- Section 12-15-143 - Violations of orders punished as contempt; willful conduct rendering violator responsible for court costs and attorney fees.
- Section 12-15-144 - Construction of sections; sections to be read in pari materia with certain other laws.
- 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.
- Section 12-15-201 - Definitions.
- Section 12-15-202 - Rights of the child.
- Section 12-15-203 - Transfer of cases from juvenile court.
- 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.
- Section 12-15-205 - Venue generally.
- Section 12-15-206 - Transfer of delinquent and child in need of supervision proceedings between juvenile courts within the state.
- 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.
- 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.
- 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.
- Section 12-15-210 - Notification to children of right to counsel; appointment of counsel by juvenile court.
- Section 12-15-211 - Suspension of proceedings and continuation of cases under terms and conditions agreed to by parties.
- Section 12-15-212 - Conduct of delinquency and child in need of supervision hearings.
- 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.
- 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.
- Section 12-15-215 - Disposition of delinquent children or children in need of supervision generally.
- Section 12-15-216 - Legislative intent.
- Section 12-15-217 - Notice of delinquent acts.
- Section 12-15-218 - Order requiring parent, legal guardian, or legal custodian to assist child in complying with terms of probation; penalties; exemptions.
- Section 12-15-219 - Serious juvenile offenders; disposition; serious juvenile offender review panel; facility and programs.
- 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.
- Section 12-15-221 - Modification, extension or termination of orders of custody or probation 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.
- Section 12-15-301 - Definitions.
- Section 12-15-302 - Venue generally.
- Section 12-15-303 - Transfer of dependency proceedings between juvenile courts within the state.
- Section 12-15-304 - Appointment by juvenile courts of guardians ad litem.
- Section 12-15-305 - Right to counsel for petitioners or respondent parents, legal guardians, or legal custodians in dependency proceedings.
- Section 12-15-306 - Removing a child from the custody of a parent, legal guardian, or legal custodian.
- Section 12-15-307 - Notice and right to be heard to be given to relatives, preadoptive parents, or foster parents.
- Section 12-15-308 - Filing of petition and conduct of 72-hour hearing as to necessity for continuation of shelter care of a child.
- 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.
- Section 12-15-310 - Conduct of adjudicatory hearings.
- Section 12-15-311 - Dispositional hearing.
- Section 12-15-312 - Reasonable efforts in judicial determinations; situations in which reasonable efforts are not required to be made.
- 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.
- Section 12-15-314 - Dispositions for dependent children.
- Section 12-15-315 - Permanency hearing for Department of Human Resources cases only.
- Section 12-15-316 - Modification, extension, or termination of orders of custody or protective supervision generally.
- Section 12-15-317 - Who may file petition.
- Section 12-15-318 - Service of process.
- Section 12-15-319 - Grounds for termination of parental rights; factors considered; presumption arising from abandonment.
- Section 12-15-320 - Dispositions.
- Section 12-15-321 - Periodic review of efforts to achieve adoption of child in custody of another after parental rights terminated.
- Section 12-15-322 - Authority of one in custody to place child for adoption or consent to adoption.
- Section 12-15-323 - Appeals of dependency and termination of parental rights cases.
- Section 12-15-324 - Applicability.
- Section 12-15-90 - Authority and procedure.
- Section 12-15-401 - Definitions.
- Section 12-15-402 - Authority and procedure.
- Section 12-15-403 - Review of the petition by the juvenile court.
- Section 12-15-404 - Service of the petition.
- Section 12-15-405 - Notice of hearing; appointment of counsel for the minor or child.
- Section 12-15-406 - Determination of placement of the minor or child.
- Section 12-15-407 - Probable cause hearings for temporary confinement of the minor or child.
- Section 12-15-408 - Conducting hearings to commit the minor or child.
- Section 12-15-409 - Role of attorney as advocate; designation of facilities.
- Section 12-15-410 - Evidence in commitment proceedings for minor and child with an intellectual disability.
- Section 12-15-411 - Discharge of the minor or child from custody of the department.
- Section 12-15-412 - Retention of jurisdiction.
- Section 12-15-413 - Combining probable cause and final hearings.
- Section 12-15-100 - Filing and inspection of records, etc.
- Section 12-15-501 - Definitions.
- Section 12-15-502 - Referral of multiple needs child case to county team.
- Section 12-15-503 - Recommendation by county team; decision by juvenile court of multiple needs child.
- Section 12-15-504 - Creation of Executive Council of the State Team; membership; duties.
- Section 12-15-505 - State Team established; membership; term; duties; hiring authority.
- Section 12-15-506 - County teams established; appointments; meetings; duties.
- Section 12-15-507 - Reimbursement available for team member expenses.
- Section 12-15-508 - State Multiple Needs Children Fund established; use; limitations; accounting system to be maintained; provisions for yearly audit.
- 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.
Article 8 Orders of Protection or Restraint to Protect Health or Safety ofChildren.
- 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 12-15-150 - Power of courts exercising juvenile jurisdiction to enter protection or restraint order; when order may be entered; purpose of order.
- 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.
- 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.
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