Chapter 1 - Juvenile Proceedings
- Article 1 General Provisions.
- Section 12-15-1 (Subject to the satisfaction of contingencies specified in Act 98-392) Definitions
When used in this chapter, the following words and phrases shall have the following meanings: (1) ADULT. An individual 19 years of age or ...
- Section 12-15-1.1 Alabama Juvenile Justice Act; short title; purpose clause; goals for juvenile court
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 12-15-2 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
(a) The circuit court and the district court shall exercise original concurrent juvenile jurisdiction sitting as the juvenile court. (b) The juvenile court shall ...
- Section 12-15-3 Designation of juvenile judges; requirement of monthly reports by judges as to work of juvenile courts
Repealed by Act 2000-749, p. 1697, §2, effective August 1, 2000. ...
- Section 12-15-4 Advisory boards
(a) The judge of the juvenile court may appoint not less than five nor more than 25 citizens of the district, known for their ...
- 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
The district attorney of the judicial circuit in which the case is pending may exercise his authority in all cases arising under this chapter. ...
- 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
(a) The judge may appoint one or more persons to serve as referees on a full-time or part-time basis subject to approval of the ...
- 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
(a) For the purpose of carrying out the objectives and purposes of this chapter and subject to the limitations of this chapter or imposed ...
- Section 12-15-8 Appointment by courts of guardians ad litem or guardians of the person for children
(a) The court, at any stage of a proceeding under this chapter, may appoint a guardian ad litem for a child who is a ...
- 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
Whenever legal custody of a child is vested in someone other than his parents, after due notice to the parents or other persons legally ...
- Section 12-15-10 Liability of counties for expenses of maintenance and care of children; reimbursement
All expenses necessary or appropriate to the carrying out of the purposes and intent of this chapter and all expenses of maintenance and care ...
- Section 12-15-10.1 Attorney fees provisions repealed
Provisions in Section 12-15-10, making attorney fees valid charges and preferred claims against the county and directing that such fees be paid by the ...
- 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
If, after due notice to the parents or other persons legally obligated to care for and support the child and after a hearing, the ...
- Section 12-15-11.1 Order requiring parents or guardian to assist delinquent child in complying with terms of probation; penalties; exemptions
(a) In all cases where a child has been declared a delinquent child and granted probation, the court, as a condition of granting probation ...
- 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
(a) Subject to the laws relating to the procedures therefor and the limitations thereon, the court may punish a person for contempt of court ...
- Section 12-15-13 Causing, etc., of delinquency, dependency or need of supervision of children
(a) It shall be unlawful for any parent, guardian or other person to willfully aid, encourage or cause any child to become or remain ...
- Section 12-15-14 Disregarding, etc., of lawful order of court or interference with custody of child under jurisdiction of court
Any person who knowingly and willfully disregards or fails to obey any lawful order made by the court under the provisions of this chapter ...
- 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
(a) It shall be unlawful for any person to remove, conceal or cause to be removed or concealed, or attempt so to do, any ...
- Article 2 Jurisdiction and Venue.
- Section 12-15-30 Original jurisdiction generally - Children
(a) The juvenile court shall exercise exclusive original jurisdiction of proceedings in which a child is alleged to be delinquent, dependent or in need ...
- Section 12-15-31 Original jurisdiction generally - Minors and adults
The court shall have exclusive original jurisdiction: (1) To try any minor or adult charged with: a. Aiding, encouraging or causing any child to ...
- Section 12-15-32 Retention and termination of jurisdiction generally
(a) For the purposes of this chapter, jurisdiction obtained by the juvenile court in any case of a child shall be retained by it ...
- Section 12-15-33 Transfer of cases to juvenile court from other courts; transfer provisions inapplicable to certain offenders
(a) If it shall be ascertained during the pendency of a criminal or quasi-criminal charge that the defendant was a child, as defined in ...
- Section 12-15-34 Transfer of cases from juvenile court to criminal court
(a) The prosecutor may, before a hearing on the petition on its merits and following consultation with probation services, file a motion requesting the ...
- 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
(a) Notwithstanding any other provision of law, any person who has attained the age of 16 years at the time of the conduct charged ...
- Section 12-15-35 Venue generally
(a) If delinquency or in need of supervision is alleged, proceedings shall be commenced in the district where the acts constituting the allegation occurred. ...
- Section 12-15-36 Transfer of proceedings between juvenile courts within state
If the child resides in a district of the state and the proceeding is commenced in a court of another district, that court, on ...
- Article 3 Procedure Generally.
- Section 12-15-50 Cases initiated by filing of petitions by intake officers
Cases before the court shall be initiated by the filing of a petition by the intake officer who shall receive verified complaints and proceed ...
- Section 12-15-51 Informal adjustment of certain cases prior to filing of petition
Before a petition alleging delinquency or in need of supervision is filed, the probation officer or other officer of the court designated by it, ...
- Section 12-15-52 Form, contents and execution of petitions
(a) A petition may be signed by any person who has knowledge of the facts alleged or is informed of them and believes that ...
- Section 12-15-53 Issuance and service of summonses generally; endorsements upon summonses; waiver of service of summonses
(a) After a petition alleging delinquency, in need of supervision or dependency has been filed, the court shall direct the issuance of summonses, one ...
- Section 12-15-54 Manner of service of summons
Service of summons in cases coming within this chapter shall be pursuant to rules of procedure adopted by the Supreme Court. ...
- Section 12-15-55
The court shall have authority to make interlocutory and final dispositional orders in those cases in which a party or parties have been served ...
- Section 12-15-56 Taking into custody of children generally
A child may be taken into custody: (1) Pursuant to an order of the court under Sections 12-15-53 and 12-15-57; (2) For a delinquent ...
- 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
If a parent, guardian or other custodian fails, when requested, to bring the child before the court as provided in subdivision (2) of subsection ...
- Section 12-15-58 Release, delivery to detention or shelter care facility, medical facility, etc., of children taken into custody generally
(a) A person taking a child into custody shall, with all possible speed, and in accordance with this chapter and the rules of court ...
- Section 12-15-59 Authority and criteria for continuation of detention or shelter care of children taken into custody
(a) Unless otherwise ordered by the court pursuant to the provisions of this chapter, a child lawfully taken into custody as an allegedly dependent ...
- Section 12-15-60 Filing of petition and conduct of hearing as to necessity for continuation of detention or shelter care
(a) When a child is not released from detention or shelter care as provided in Section 12-15-58, a petition shall be filed and a ...
- 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
(a) For the purpose of this section, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) AVERAGE ...
- 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
(a) When the court finds that a child's full-time detention or shelter care is not required, the court shall order his release, and in ...
- Section 12-15-63 Notification of children, parents, guardians, etc., of right to counsel; appointment of counsel by court
(a) In delinquency and in need of supervision cases, a child and his parents, guardian or custodian shall be advised by the court or ...
- Section 12-15-64 Suspension of proceedings and continuation of cases under terms and conditions agreed to by parties
At any time after the filing of a petition, the court may suspend proceedings and continue the case, under terms and conditions agreed to ...
- Section 12-15-65 Conduct of hearings and disposition of cases generally; special procedure for possible multiple needs child; reasonable efforts
(a) Hearings under this chapter shall be conducted by the court without a jury and separate from other proceedings. The general public shall be ...
- 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
(a) A child charged with a delinquent act or who is alleged to be in need of supervision shall be accorded the privilege against ...
- Section 12-15-68 Granting of continuances in cases
Continuances shall be granted by the court only upon a showing of good cause and only for so long as it is necessary, taking ...
- 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
(a) After a petition alleging delinquency, in need of supervision or dependency has been filed, the court may direct that a predisposition study and ...
- 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
The juvenile court in its discretion may, either before or after hearing, cause any child within its jurisdiction to be given a physical or ...
- 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
(a) If a child is found to be dependent, the court may make any of the following orders of disposition to protect the welfare ...
- Section 12-15-71.1 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 ...
- 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
(a) An order of disposition or other adjudication in proceedings under subsection (a) of Section 12-15-30 shall not be considered to be a conviction ...
- Section 12-15-73 Issuance of orders restraining conduct of parties to proceedings
In any proceeding commenced under this chapter, on application of a party or the court's own motion, the court may make an order restraining ...
- Section 12-15-74 Modification, extension or revocation of orders of custody, probation or protective supervision generally
(a) At any time prior to expiration, an order vesting legal custody or an order of probation or protective supervision made by the court ...
- Section 12-15-75 Proceedings against children violating terms of probation, aftercare or protective supervision; disposition of such children
(a) A child on probation incident to an adjudication as a delinquent or child in need of supervision who violates the terms of his ...
- Section 12-15-76 Procedure and dispositions in cases involving minors or adults
In any proceeding arising under subdivision (1) of Section 12-15-31, the court, with the consent of the defendant, may make a preliminary investigation and ...
- Article 4 Involuntary Commitment of Minors or Children.
- Section 12-15-90 Authority and procedure
(a) The state, any county or municipality or any governmental agency, including, but not limited to, the Department of Human Resources or the Department ...
- Article 5 Records, Fingerprints and Photographs.
- Section 12-15-100 Filing and inspection of records, etc
(a) Social, medical, and psychiatric or psychological records, including reports of preliminary inquiries and predisposition studies, of delinquent, in need of supervision and dependent ...
- Section 12-15-101 Maintenance and inspection of law enforcement records, etc
(a) The court shall, by rule, require all law enforcement agencies to take special precautions to insure that law enforcement records and files concerning ...
- Section 12-15-102 Taking and disposition of fingerprints, photographs, blood samples, etc
(a) Fingerprints of a child who has been charged with an act of delinquency shall be taken by the agency taking the child into ...
- 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
(a) On motion of the part of a person who has been the subject of a delinquency petition or on the court's own motion, ...
- Section 12-15-104 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 ...
- Section 12-15-105 Notice of delinquent acts
(a) Notwithstanding subsections (a) and (c) of Section 12-15-100, written notice that a child enrolled in a school, kindergarten to grade 12, inclusive, has ...
- Article 6 Appeals.
- Section 12-15-120 Appeals from judgments, orders, etc., of juvenile courts
(a) An aggrieved party, including the state or any subdivision of the state, except in criminal cases, delinquency cases and in need of supervision ...
- Article 7 Juvenile Justice Coordinating Councils.
- Section 12-15-130 Alabama Children's Policy Council
(a) The Alabama Children's Policy Council is hereby created and shall consist of the following members: Three appointees from business and industry made by ...
- Section 12-15-131 Alabama Children's Policy Council Fund
There is hereby established the Alabama Children's Policy Council Fund into which there is automatically appropriated $20,000.00 annually at the beginning of each fiscal ...
- Section 12-15-132 Expenses of council members who are state officers or employees
The members of the Alabama Children's Policy Council who are officers or employees of the State of Alabama shall be entitled to be reimbursed ...
- Section 12-15-133 County children's policy councils - Generally
(a) A county children's policy council is hereby created in each county of the state. Said council shall consist of the following members: The ...
- Section 12-15-134 Children's policy councils - Duties
It shall be the duty of the county children's policy council to review the needs of children and the responsibilities assigned each agency by ...
- Section 12-15-135 Juvenile justice coordinating councils renamed
All references to the "Alabama Juvenile Justice Coordinating Council" and to "county juvenile justice coordinating councils" in this code, are changed to the "Alabama ...
- 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
Any court exercising juvenile jurisdiction under Chapter 15 of Title 12 may, at any time, after a dependency petition has been filed, or on ...
- 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
A protection or restraint order may be entered after notice and hearing, upon proper showing by a preponderance of the evidence that such an ...
- 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
(a) The order may set forth reasonable conditions of behavior to be observed by a person who is a parent or other person legally ...
- 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
The court may enter a protection or restraint order on an emergency basis, without prior notice and hearing, upon a showing of verified written ...
- 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
After notice and opportunity for hearing afforded to a person subject to a protective or restraint order, the order may be modified or extended ...
- Section 12-15-155 Violations of orders punished as contempt; wilful conduct rendering violator responsible for court costs and attorney fees
Any person violating an order of protection or restraint shall be punishable for contempt of court, as in other cases, and shall upon a ...
- Section 12-15-156 Construction of article; article to be read in pari materia with certain other laws
The provisions of this article shall be construed in pari materia with Sections 30-5-1 through 30-5-11, as amended, and other criminal laws relating to ...
- 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
There is created an Executive Council of the Alabama Children's Services Facilitation Team consisting of the heads of the following departments or agencies: Department ...
- Section 12-15-171 Children's Services Facilitation Team established; membership; term; duties; hiring authority
(a) The Alabama Children's Services Facilitation Team is created and shall consist of a representative appointed by the head of the following departments or ...
- Section 12-15-172 County facilitation teams established; appointments; meetings; duties
(a) A county children's services facilitation team is created in each county of the state. As used in this article, "county team" means a ...
- Section 12-15-173 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 ...
- Section 12-15-174 State Multiple Needs Children Fund established; use; limitations; accounting system to be maintained; provisions for yearly audit
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 12-15-175 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 Alabama Children's Services Facilitation Team shall adopt policies and procedures relating to the allocation of available resources for ...
- Section 12-15-176 Effect of other laws on this article; compulsory school age attendance statute to remain in full force and effect
No other laws, or parts of laws, which are in any manner inconsistent with this article shall be construed to supersede or in any ...
