reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 2 - Delinquency and Children in Need of Supervision. › Section 12-15-210 - Notification to Children of Right to Counsel; Appointment of Counsel by Juvenile Court.

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 by the juvenile court or its representative at intake that the child has the right to be represented at all stages of the proceedings by a child's attorney retained by them or, if they are unable to afford a child's attorney, by a child's attorney appointed by the juvenile court.
(b) If a child's attorney is not retained by the child or a party in a juvenile court proceeding in which there is a reasonable likelihood such may result in a placement in an institution in which the freedom of the child is curtailed, a child's attorney shall be appointed to defend the child.
(c) In delinquency and child in need of supervision proceedings, a juvenile court may appoint a guardian ad litem in addition to the child's attorney described in this section.
(d) The juvenile court may appoint counsel in any case when it deems such in the interests of justice.
(Acts 1975, No. 1205, p. 2384, §5-124; §12-15-63; amended and renumbered by Act 2008-277, p. 441, §12.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 2 - Delinquency and Children in Need of Supervision. › Section 12-15-211 - Suspension of Proceedings and Continuation of Cases Under Terms and Conditions Agreed to by Parties.

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 consent decree shall be agreed to by the child and his or her parent, legal guardian, or legal custodian. The consent decree shall be entered at any time after the filing of a delinquency or child in need of supervision petition and before the entry of an adjudication order. The child and his or her parent, legal guardian, or legal custodian shall be advised of their rights, including the right to counsel.
(b) Where an objection is made by the prosecutor, the juvenile court, after considering the objection and the reasons therefor, shall proceed to determine whether it is appropriate to enter a consent decree.
(c) A consent decree shall remain in force for six months unless the child is discharged sooner by the juvenile court. Upon application of a juvenile probation officer or other department or agency supervising the child, made before the expiration of the six-month period, a consent decree may be extended by the juvenile court for an additional six months.
(d) If prior to discharge by the juvenile probation officer or expiration of the consent decree, a new delinquency or child in need of supervision petition is filed against the child, or the child otherwise fails to fulfill express terms and conditions of the decree, the petition under which the child was continued under supervision may be reinstated after a hearing and the case may proceed to adjudication.
(e) Upon satisfaction by the child of the conditions of the consent decree or upon the child being otherwise discharged by the juvenile court, the petition shall be dismissed with prejudice.
(Acts 1975, No. 1205, p. 2384, §5-130; §12-15-64; amended and renumbered by Act 2008-277, p. 441, §12.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 2 - Delinquency and Children in Need of Supervision. › Section 12-15-212 - Conduct of Delinquency and Child in Need of Supervision Hearings.

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 a reasonable doubt, based upon competent, material, and relevant evidence, that the child committed the acts by reason of which the child is alleged to be delinquent or in need of supervision, the juvenile court shall record its findings and proceed to determine whether the child is in need of care or rehabilitation. If the juvenile court finds that the allegations in the petition have not been established, the juvenile court shall dismiss the petition and order the child discharged from any detention or temporary care, theretofore ordered in the proceedings.
(b) If the child admits to the allegations contained in the petition, the juvenile court shall record its findings and proceed to determine whether the child is in need of care or rehabilitation.
(c) When the allegations have been proven pursuant to subsections (a) or (b), the juvenile court may proceed immediately to hear evidence as to whether the child is in need of care or rehabilitation and to file its findings thereon. In the absence of evidence to the contrary, a finding that the child has committed an act that constitutes a felony is sufficient to sustain a finding that the child is in need of care or rehabilitation. If the juvenile court finds that the child is not in need of care or rehabilitation, it shall dismiss the proceedings and discharge the child from any detention or other temporary care. If the juvenile court finds from clear and convincing evidence, competent, material, and relevant in nature, that the child is in need of care or rehabilitation in the absence of objection showing good cause or at a postponed hearing, the juvenile court may make proper disposition of the case.
(d) In dispositional hearings, all relevant and material evidence helpful in determining the questions presented, including verbal and written reports, may be received by the juvenile court and may be relied upon to the extent of its probative value, even though not competent in a hearing on the petition. The parties or their counsel shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports.
(e) On its own motion or that of a party, the juvenile court may continue the dispositional hearing for a reasonable period to receive reports and other evidence bearing on the disposition or need for care or rehabilitation. In this event, the juvenile court shall make an appropriate order for detention or temporary care for the child, or the release of the child from detention or temporary care during the period of the continuance, subject to those conditions as the juvenile court may impose.
(Act 2008-277, p. 441, §13.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 2 - Delinquency and Children in Need of Supervision. › 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 12-15-213
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 afforded by the Constitution of the United States and the Constitution of Alabama of 1901.
(b) An extrajudicial statement which would be constitutionally inadmissible in a criminal proceeding may not be received in evidence over objection. Evidence illegally seized or obtained may not be received in evidence over objection to establish the allegations against the child. An extrajudicial admission or confession made by the child out of court is insufficient to support a finding that the child committed the acts alleged in the petition unless it is corroborated by other evidence.
(c) Criminal proceedings and other juvenile proceedings based upon the offense alleged in the petition or an offense based upon the same conduct are barred where the juvenile court has begun taking evidence or where the juvenile court has accepted from the child a plea of guilty to the petition.
(Acts 1975, No. 1205, p. 2384, §5-126; §12-15-66; amended and renumbered by Act 2008-277, p. 441, §14.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 2 - Delinquency and Children in Need of Supervision. › 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 12-15-214
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 a child, his or her family, his or her environment, and other matters relevant to the need for treatment or disposition of the case. The recommendations may indicate that the child needs further mental health evaluation, especially, in some cases, for the purpose of determining whether the child is competent to stand trial. The recommendations may also include a request that the juvenile court proceed pursuant to Section 12-15-130.
(Acts 1975, No. 1205, p. 2384, §5-127; §12-15-69; amended and renumbered by Act 2008-277, p. 441, §14.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 2 - Delinquency and Children in Need of Supervision. › Section 12-15-216 - Legislative Intent.

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, 1999 Regular Session, to provide for limited exceptions to juvenile court record confidentiality to promote more effective communication among juvenile courts, law enforcement agencies, and schools to aid in the rehabilitation of children as well as to lessen the potential for drug use, violence, and other forms of delinquency.
(Act 99-433, p. 792, §2; §12-15-104; amended and renumbered by Act 2008-277, p. 441, §14.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 2 - Delinquency and Children in Need of Supervision. › Section 12-15-217 - Notice of Delinquent Acts.

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 an act which if committed by an adult would be a Class A or B felony or any other crime, at the discretion of the juvenile court, shall be provided within seven days to the superintendent of the school district of attendance, or, if the child attends a private school, to the principal of the school. The juvenile court shall provide the notice using whatever method it deems appropriate or otherwise as decided by the Administrative Office of Courts. The prosecutor may recommend to the juvenile court that notice be given to the school for any delinquent act. Written notice shall include only the offenses, enumerated by the appropriate code section and brief description, found to have been committed by the child and the disposition of the case involving the child. Where applicable, this notice shall be expeditiously transmitted by the district superintendent to the principal at the school of attendance. The principal shall disseminate the information to those counselors directly supervising or reporting on the behavior or progress of the child. In addition, the principal may disseminate the information to any teacher, administrator, or other school employee directly supervising or reporting on the behavior or progress of the child whom the principal believes needs the information to work with the pupil in appropriate fashion or to protect other students and staff.
(b) Any information received by a teacher, counselor, administrator, or other school employee pursuant to this section shall be received in confidence for the limited purpose of rehabilitating the child and protecting students and staff, and shall not be further disseminated by the teacher, counselor, or administrator, except insofar as communication with the child, his or her parent, legal guardian, legal custodian, law enforcement personnel, and the juvenile probation officer of the child is necessary to effectuate the rehabilitation of the child or to protect students and staff.
(c) An intentional violation of the confidentiality provisions of this section is a Class A misdemeanor under the jurisdiction of the juvenile court.
(Act 99-433, p. 792, §4; §12-15-105; amended and renumbered by Act 2008-277, p. 441, §14.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 2 - Delinquency and Children in Need of Supervision. › Section 12-15-218 - Order Requiring Parent, Legal Guardian, or Legal Custodian to Assist Child in Complying With Terms of Probation; Penalties; Exemptions.

Section 12-15-218
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 the parent, legal guardian, or legal custodian of the child, if he or she is made a party to the proceedings, to assist the juvenile court in ensuring that the child complies with the terms of his or her probation.
(b) Prior to granting probation, the juvenile court shall explain to the parent, legal guardian, or legal custodian and the child the terms of his or her probation, including the responsibility and the penalty which may be imposed on all parties for failure to comply with the terms of the probation.
(c) A parent, legal guardian, or legal custodian, who after being made a party fails to assist the child in complying with the terms of the probation, may be held in civil or criminal contempt of court, or both.
(d) This section shall not apply to the parent, legal guardian, or legal custodian of a child who initiated a case by filing a petition alleging delinquency of the child.
(Acts 1996, 96-538, p. 754, §§1, 2; §12-15-11.1; amended and renumbered by Act 2008-277, p. 441, §14.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 2 - Delinquency and Children in Need of Supervision. › Section 12-15-219 - Serious Juvenile Offenders; Disposition; Serious Juvenile Offender Review Panel; Facility and Programs.

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 or acts charged in the petition would constitute any of the following if committed by an adult:
a. A Class A felony.
b. A felony resulting in serious physical injury as defined in subdivision (14) of Section 13A-1-2.
c. A felony involving deadly physical force as defined in subdivision (6) of Section 13A-1-2; or a deadly weapon as defined in subdivision (7) of Section 13A-1-2; or a dangerous instrument as defined in subdivision (5) of Section 13A-1-2.
(2) The child has been adjudicated delinquent for an act which would constitute a Class A or B felony or burglary in the third degree involving a residence and the child has previously been adjudicated delinquent of two previous acts which would have been a Class A or B felony or burglary in the third degree involving a residence if the acts had been committed by an adult.
(b) A child found to be a serious juvenile offender shall be committed to the custody of the Department of Youth Services, where he or she shall remain for a minimum of one year.
(c) A serious juvenile offender review panel shall be created by the Board of the Department of Youth Services. The serious juvenile offender review panel shall review quarterly the progress of each serious juvenile offender and determine at the end of the one-year term served by each child, a further treatment plan for that child. The panel may extend the commitment, order alternative treatment, or release the child. The serious juvenile offender review panel shall provide the juvenile court with all reports and recommendations, and notify the judge in writing of the decision to release the child at least 30 days in advance of the release.
(d) The Department of Youth Services shall maintain and staff a separate, secure facility and implement programs for serious juvenile offenders. The minimum one-year term required by this section shall be served at the facility and the review panel may extend the period of confinement in the facility as determined necessary.
(e) Nothing in this section shall be construed to prevent the juvenile court from transferring a child for criminal prosecution pursuant to Section 12-15-203.
(Acts 1990, No. 90-674, p. 1304, §13; §12-15-71.1; amended and renumbered by Act 2008-277, p. 441, §14.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 2 - Delinquency and Children in Need of Supervision. › 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 12-15-220
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 conviction or impose any civil disabilities ordinarily resulting from a conviction of a crime or operate to disqualify the child in any civil service application or appointment.
(b) The disposition of a child and evidence given in a hearing in the juvenile court shall not be admissible as evidence against him or her in any case or proceeding in any other court, whether before or after reaching majority, except in a dispositional hearing in a juvenile court or in sentencing proceedings after conviction of a crime for the purposes of a presentence study and report or for consideration of an application for youthful offender status.
(Acts 1975, No. 1205, p. 2384, §5-132; §12-15-72; amended and renumbered by Act 2008-277, p. 441, §14.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 2 - Delinquency and Children in Need of Supervision. › Section 12-15-221 - Modification, Extension or Termination of Orders of Custody or Probation Generally.

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, revoked, or extended on motion by:
(1) A child, whose legal custody has been transferred to a department, institution, agency, or person, requesting the juvenile court for a modification or termination of the order, alleging that the child is no longer in need of placement or probation and the department, institution, agency, or person has denied application for release of the child or has failed to act upon the application within a reasonable time; or
(2) A department, institution, agency, or person vested with legal custody or responsibility for probation, requesting the juvenile court for a modification, an extension, or a termination of the order on the grounds that the action is in the best interests of the child or necessary to safeguard the welfare of the child or the public interest.
(b) The juvenile court may dismiss the motions filed pursuant to subsection (a) if, after preliminary investigation, it finds that they are without substance. If the juvenile court is of the opinion that the order should be reviewed, upon due notice to all necessary parties as prescribed by rules of court, it may proceed to a hearing in the same manner and under the same safeguards provided for in this chapter for the issuance of the original order. It may thereupon terminate the order if it finds the child is no longer in need of care or rehabilitation or it may enter an order extending or modifying the original order if it finds this action necessary to safeguard the child or the public interest.
(Acts 1975, No. 1205, p. 2384, §5-134; §12-15-74; amended and renumbered by Act 2008-277, p. 441, §14.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 3 - Dependency and Termination of Parental Rights. › Section 12-15-302 - Venue Generally.

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 commenced, or in the county where the acts that are the basis of the dependency petition occurred.
(b) Regardless of the county where the child currently resides, when a petition is filed seeking to modify an award of custody or visitation pursuant to an adjudication of dependency, and one of the individuals who was a party to the original proceeding still resides in the county of the juvenile court of original jurisdiction, the petition shall be filed in the juvenile court of the original jurisdiction.
(c) When a petition is filed seeking to modify an award of custody or visitation pursuant to an adjudication of dependency in which all parties to the original action, including the child, no longer reside in the county of original jurisdiction, the petition shall be filed in the county where the child resides at the time the petition is filed. The petition shall be accompanied by a certified copy of the most recent order to be modified.
(d) For purposes of this section, county where the child resides means the county in which the child and legal custodian have established legal residence or have resided for six or more months of a calendar year. This term shall not include placements by a state department or agency.
(Act 2008-277, p. 441, §16.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 3 - Dependency and Termination of Parental Rights. › Section 12-15-303 - Transfer of Dependency Proceedings Between Juvenile Courts Within the State.

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 the proceedings were commenced, on its own motion or a motion of a party and after consultation with the receiving juvenile court, may transfer the proceeding before or after adjudication to the county of the residence of the child for the purpose of adjudication, disposition, supervision, or review as mandated by federal and state law for children in foster care or in the custody of the state, or any combination thereof.
(b) For purposes of this section, county of the residence of the child means the county in which the child and legal custodian have established legal residence or have resided for six or more months of a calendar year. This term shall not include placements by a state department or agency.
(c) Certified copies of all legal and social records pertaining to the case shall accompany the transfer.
(Act 2008-277, p. 441, §16.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 3 - Dependency and Termination of Parental Rights. › Section 12-15-304 - Appointment by Juvenile Courts of Guardians Ad Litem.

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 party to the proceedings and whose primary responsibility shall be to protect the best interests of the child.
(b) The duties of the guardian ad litem include, but shall not be limited to, the following:
(1) Irrespective of the age of the child, meet with the child prior to juvenile court hearings and when apprised of emergencies or significant events impacting the child. In addition, the guardian ad litem shall explain, in terms understandable to the child, what is expected to happen before, during, and after each juvenile court hearing.
(2) Conduct a thorough and independent investigation.
(3) Advocate for appropriate services for the child and the family.
(4) Attend all juvenile court hearings scheduled by the juvenile court and file all necessary pleadings to facilitate the best interests of the child.
(c) Before being appointed by the juvenile court, every guardian ad litem appointed in juvenile dependency or termination of parental rights cases shall receive training appropriate to their role.
(d) Nothing in this section shall prohibit the juvenile court from appointing trained volunteers in addition to guardians ad litem in promoting the best interests of the child.
(e) A guardian ad litem may be appointed to protect the best interests of more than one child of the same parent. A guardian ad litem also may be appointed to protect the best interests of both a minor (or otherwise incapacitated) parent and the child.
(Acts 1975, No. 1205, p. 2384, §5-138; §12-15-8; amended and renumbered by Act 2008-277, p. 441, §17.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 3 - Dependency and Termination of Parental Rights. › Section 12-15-305 - Right to Counsel for Petitioners or Respondent Parents, Legal Guardians, or Legal Custodians in Dependency Proceedings.

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 juvenile court may appoint an attorney to represent the petitioner and may order recoupment of the fees of the attorney to be paid to the State of Alabama.
(b) In dependency and termination of parental rights cases, the respondent parent, legal guardian, or legal custodian shall be informed of his or her right to be represented by counsel and, if the juvenile court determines that he or she is indigent, counsel shall be appointed where the respondent parent, legal guardian, or legal custodian is unable for financial reasons to retain his or her own counsel.
(Act 2008-277, §18.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 3 - Dependency and Termination of Parental Rights. › Section 12-15-306 - Removing a Child From the Custody of a Parent, Legal Guardian, or Legal Custodian.

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 reasonable grounds to believe any of the following:
(1) The child is suffering from an illness or injury or is in imminent danger from the surroundings of the child and that the removal of the child is necessary for the protection of the health and safety of the child.
(2) The child has no parent, legal guardian, legal custodian, or other suitable person able to provide supervision and care for the child.
(b) The person removing the child shall immediately deliver the child to the Department of Human Resources.
(Act 2008-277, p. 441, §18.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 3 - Dependency and Termination of Parental Rights. › Section 12-15-307 - Notice and Right to Be Heard to Be Given to Relatives, Preadoptive Parents, or Foster Parents.

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 in writing, of the date, time, and place of any juvenile court proceeding being held with respect to a child in their care.
Foster parents, preadoptive parents, and relative caregivers of a child in foster care under the responsibility of the state have a right to be heard in any juvenile court proceeding being held with respect to a child in their care.
No foster parent, preadoptive parent, and relative caregiver of a child in foster care under the responsibility of the state shall be made a party to a juvenile court proceeding solely on the basis of this notice and right to be heard pursuant to this section.
(Act 2008-277, p. 441, §18.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 3 - Dependency and Termination of Parental Rights. › 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 12-15-308
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 been returned to same, a hearing shall be held within 72 hours from the time of removal, Saturdays, Sundays, and holidays included, to determine whether continued shelter care is required.
(b) Notice of the 72-hour hearing requirement, either verbal or written, stating the date, time, place, and purpose of the hearing and the right to counsel shall be given to the parent, legal guardian, or legal custodian if he or she can be found.
(c) At the commencement of the 72-hour hearing requirement, the juvenile court shall advise the parent, legal guardian, or legal custodian of the right to counsel and shall appoint counsel if the juvenile court determines he or she is indigent. If the juvenile court already has not done so, it shall appoint a guardian ad litem for a child who is a party to the proceeding. It is the responsibility of the guardian ad litem to present evidence supporting the best interests of the child. The parent, legal guardian, or legal custodian shall also be informed of the contents of the petition and, except as provided herein, shall be given an opportunity to admit or deny the allegations of the petition.
(d) All relevant and material evidence helpful in determining the need for shelter care may be admitted by the juvenile court, even though not admissible in subsequent hearings.
(e) If the child is not released and no parent, legal guardian, or other legal custodian has been notified and none appeared or waived appearance at the hearing, upon the filing of an affidavit by the parent, legal guardian, or legal custodian stating these facts and requesting a hearing, the juvenile court shall hear the matter within 24 hours.
(f) If the child is not released, the juvenile court, at the earliest opportunity in the case, including the 72-hour hearing requirement or the adjudicatory hearing, may order the parent, legal guardian, or legal custodian to provide a list of names and, if possible, addresses and telephone numbers, of known paternal and maternal relatives to the juvenile court.
(Act 2008-277, p. 441, §18.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 3 - Dependency and Termination of Parental Rights. › 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 12-15-309
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 child, and in so doing, may impose one or more of the following conditions singly or in combination:
(1) Return the child to the custody of the parent, legal guardian, or legal custodian and, if necessary, place the child under the supervision of the Department of Human Resources.
(2) Place restrictions on travel, associations, or living conditions of the child pending the adjudicatory hearing.
(b) An order releasing a child on any conditions specified may at any time be amended to impose additional or different conditions.
(Act 2008-277, p. 441, §18.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 3 - Dependency and Termination of Parental Rights. › Section 12-15-310 - Conduct of Adjudicatory Hearings.

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 commencement of the hearing, if the parties are not represented by counsel, they shall be informed of the specific allegations in the petition. The parties shall be permitted to admit or deny the allegations prior to the taking of testimony.
(b) If the allegations are denied by the parties or if they fail to respond, the juvenile court shall proceed to hear evidence on the petition. The juvenile court shall record its findings on whether the child is dependent. If the juvenile court finds that the allegations in the petition have not been proven by clear and convincing evidence, the juvenile court shall dismiss the petition.
(c) A statement made by a child under the age of 12 describing any act of child abuse committed against the child, if it is not otherwise admissible by statute or court rule, is admissible only in dependency cases brought by the State of Alabama acting by and through a local department of human resources if both of the following are true:
(1) The statement was made to a social worker, therapist, counselor, licensed psychologist, physician, or school or kindergarten teacher or instructor, or during a forensic interview.
(2) The juvenile court finds that the time, content, and circumstances of the statement provide sufficient indicia of reliability. In making its determination, the juvenile court may consider the physical and mental age and maturity of the child, the nature and duration of the abuse or offense, the relationship of the child to the offender, and any other factor deemed appropriate.
(d) A statement may not be admitted pursuant to this section unless the proponent of the statement makes known to the adverse party the intention of the proponent to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to rebut the statement. This child hearsay exception applies to all hearings involving dependency including, but not limited to, the 72-hour hearing requirement, the adjudicatory hearing, and the dispositional hearing. The exception contained in this subsection shall not apply to a criminal proceeding or charge.
(Act 2008-277, p. 441, §18; Act 2019-381, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 3 - Dependency and Termination of Parental Rights. › Section 12-15-311 - Dispositional Hearing.

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 may proceed immediately, in the absence of objection showing good cause or at a postponed hearing, to make proper disposition of the case.
(b) In dispositional hearings, all relevant and material evidence helpful in determining the best interests of the child, including verbal and written reports, may be received by the juvenile court even though not admissible in the adjudicatory hearing. The parties or their counsel shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports.
(c) On its own motion or that of a party, the juvenile court may continue the dispositional hearing pursuant to this section for a reasonable period to receive reports and other evidence bearing on the disposition or need for care or rehabilitation. In this event, the juvenile court shall make an appropriate order for temporary care for the child, or the release of the child from temporary care during the period of the continuance, subject to those conditions as the juvenile court may impose.
(Act 2008-277, p. 441, §18.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 3 - Dependency and Termination of Parental Rights. › 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 12-15-313
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 by the Department of Human Resources with recommendations concerning the child, his or her family, his or her environment, and other matters relevant to the need for treatment or disposition of the case.
(b) Where there are indications that the child may be physically ill or a child with mental illness or an intellectual disability, on its own motion or motion of a party, may order the child to be examined at a suitable place by a physician, psychiatrist, psychologist, or other qualified examiner under the supervision of a physician, psychiatrist, or psychologist who shall certify the findings of the examiner in writing prior to a hearing on the merits of the petition.
(Act 2008-277, p. 441, §18.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 3 - Dependency and Termination of Parental Rights. › Section 12-15-316 - Modification, Extension, or Termination of Orders of Custody or Protective Supervision Generally.

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, terminated, or extended on motion by any of the following:
(1) A child, whose legal custody has been transferred to a department, institution, agency, or person, requesting the juvenile court for a modification or termination of the order, alleging that the child is no longer dependent or that protective supervision is no longer necessary.
(2) A department, institution, agency, or person vested with legal custody or responsibility for protective supervision, requesting the juvenile court for a modification, an extension, or a termination of the order on the grounds that this action is in the best interests of the child.
(Act 2008-277, p. 441, §18.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 3 - Dependency and Termination of Parental Rights. › Section 12-15-317 - Who May File Petition.

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 parental rights of a parent or parents of a child.
(1) Mandatory filing of petition by the Department of Human Resources. The Department of Human Resources shall be required to file a petition to terminate the parental rights of a parent or parents of a child, or if the petition has been filed by another party, shall seek to be joined as a party to the petition, and, concurrently, to identify, recruit, process, and approve a qualified family for adoption, in the following circumstances:
a. In the case of a child who has been in foster care in the custody of the Department of Human Resources for 12 of the most recent 22 months.
b. If a child has been abandoned.
c. If the parent has committed murder of another child of that parent.
d. If the parent has committed manslaughter of another child of that parent.
e. If the parent has aided, abetted, attempted, conspired, or solicited to commit murder or manslaughter of another child of that parent.
f. If the parent has committed a felony assault that has resulted in serious bodily injury, as defined in paragraph c. of subdivision (5) of subsection (a) of Section 12-15-319, to the child, to another child of the parent, or to the other parent of the child.
(2) Exceptions to mandatory filing shall include any of the following factors:
a. The child is being cared for by a relative.
b. The Department of Human Resources has documented in the individualized service plan, which shall be available for review by the juvenile court, a compelling reason for determining that filing a petition would not be in the best interests of the child.
c. The Department of Human Resources has not provided to the family of the child, consistent with the time period in the individualized service plan of the Department of Human Resources, such services as the Department of Human Resources deems necessary for the safe return of the child to his or her home, if reasonable efforts are required to be made with respect to the child.
(Acts 1984, No. 84-261, p. 442, §5; Act 98-370, p. 670, §1; §26-18-5; amended and renumbered by Act 2008-277, p. 441, §19; Act 2013-157, p. 297, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 3 - Dependency and Termination of Parental Rights. › Section 12-15-318 - Service of Process.

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 be made in accordance with the Alabama Rules of Civil Procedure.
(b) If service of process has not been completed within 45 days of the filing of the termination of parental rights petition, the petitioner shall request service by publication.
(c) Service of process by publication may not be ordered by the juvenile court unless at least one of the following conditions is met:
(1) The child who is the subject of the proceedings was abandoned in the state, or
(2) The state or private department or agency having custody of the child has established, by evidence presented to the juvenile court, that the absent parent or parents are avoiding service of process or their whereabouts are unknown and cannot be ascertained with reasonable diligence.
(d) Service shall be made by publication in a newspaper of general circulation in the county of the juvenile court having jurisdiction and in the county of the last known address of the parent or parents of the abandoned child, at least once a week for four consecutive weeks.
(Acts 1984, No. 84-261, p. 442, §6; Act 97-851, p. 138, §1; §26-18-6; amended and renumbered by Act 2008-277, p. 441, §19; Act 2013-157, p. 297, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 3 - Dependency and Termination of Parental Rights. › Section 12-15-320 - Dispositions.

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 completed within 90 days after service of process has been perfected. The trial court judge shall enter a final order within 30 days of the completion of the trial.
(b) If the juvenile court determines that the parents of a child are unwilling or unable to act as parents and terminates their parental rights, it may do the following:
(1) Transfer or continue the permanent legal custody of the child to the Department of Human Resources or to any public or private licensed child-placing agency able and willing to assume the care and maintenance of the child. An order of the juvenile court which terminates parental rights and awards permanent legal custody to the Department of Human Resources or to a licensed child-placing agency shall mean that the Department of Human Resources or the licensed child-placing agency shall have authority to make permanent plans for the child, including the authority to place for adoption and consent to adoption.
(2) Transfer or continue the permanent legal custody of the child to the petitioner who, after study by the Department of Human Resources, is found to be able to properly receive and care for the child.
(Acts 1984, No. 84-261, p. 442, §8; §26-18-8; amended and renumbered by Act 2008-277, p. 441, §19; Act 2013-157, p. 297, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 3 - Dependency and Termination of Parental Rights. › Section 12-15-321 - Periodic Review of Efforts to Achieve Adoption of Child in Custody of Another After Parental Rights Terminated.

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 a public or private licensed child-placing agency, the juvenile court, at least annually, shall review the circumstances of the child to determine what efforts have been made to achieve permanency for the child.
(Acts 1984, No. 84-261, p. 442, §9; §26-18-9; amended and renumbered by Act 2008-277, p. 441, §19.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 3 - Dependency and Termination of Parental Rights. › Section 12-15-322 - Authority of One in Custody to Place Child for Adoption or Consent to Adoption.

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 or department may place the child for adoption or consent to the adoption of the child.
(Acts 1984, No. 84-261, p. 442, §10; §26-18-10; amended and renumbered by Act 2008-277, p. 441, §19.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 3 - Dependency and Termination of Parental Rights. › Section 12-15-323 - Appeals of Dependency and Termination of Parental Rights Cases.

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 from denial of waiver of parental consent for abortion.
(Act 2008-277, p. 441, §20.)