reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-114 - Original Jurisdiction - Juvenile.

Section 12-15-114
Original jurisdiction - Juvenile.
(a) A juvenile court shall exercise exclusive original jurisdiction of juvenile court proceedings in which a child is alleged to have committed a delinquent act, to be dependent, or to be in need of supervision. A dependency action shall not include a custody dispute between parents. Juvenile cases before the juvenile court shall be initiated through the juvenile court intake office pursuant to this chapter.
(b) A juvenile court shall not have jurisdiction over any delinquent act committed by an individual before his or her 18th birthday for which a petition has not been filed before the individual reaches 21 years of age, except when the delinquent act is an offense having no statute of limitation as provided in Section 15-3-5.
(c) A juvenile court shall also exercise exclusive original jurisdiction over each of the following:
(1) Proceedings pursuant to the Interstate Compact on Juveniles and the Interstate Compact on Placement of Children pursuant to Chapter 2 of Title 44.
(2) Proceedings for termination of parental rights.
(Acts 1975, No. 1205, p. 2384, §5-108; Acts 1990, No. 90-674, p. 1304, §4; §12-15-30; amended and renumbered by Act 2008-277, p. 441, §3; Act 2014-350, p. 1299, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-115 - Original Jurisdiction - Civil.

Section 12-15-115
Original jurisdiction - Civil.
(a) A juvenile court shall also exercise original jurisdiction of the following civil proceedings:
(1) Removal of disabilities of nonage pursuant to Chapter 13 of Title 26.
(2) Proceedings for judicial consent for a person under the respective legal age to marry, to be employed, withdraw from school, or enlist in military service when this consent is required by law.
(3) Proceedings for the commitment of a minor or child with mental illness or an intellectual disability to the Department of Mental Health, as provided in Article 4 (commencing with Section 12-15-401).
(4) Proceedings for the adoption of a child when these proceedings have been transferred from probate court as provided by law.
(5) Proceedings for waiver of parental consent for a minor to have an abortion pursuant to Chapter 21 of Title 26.
(6) Proceedings to establish parentage of a child pursuant to the Alabama Uniform Parentage Act, Chapter 17 of Title 26.
(7) Proceedings to establish, modify, or enforce support, visitation, or custody when a juvenile court previously has established parentage.
(8) Proceedings to establish, modify, or enforce child and spousal support, or both, in cases brought pursuant to Title IV-D of the Social Security Act, including the Alabama Uniform Interstate Family Support Act, commencing at Section 30-3A-101, when an equivalent court of another state issued an order.
(9) Proceedings filed pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, commencing at Section 30-3B-101, when an equivalent court of another state issued an order.
(10) Proceedings to establish grandparent visitation when filed as part of a juvenile court case involving the same child.
(b) A juvenile court also shall have original jurisdiction in proceedings concerning any child in either of the following instances:
(1) The child requires emergency medical treatment in order to preserve his or her life, prevent permanent physical impairment or deformity, or alleviate prolonged agonizing pain.
(2) Where it is alleged that the rights of a child are improperly denied or infringed in proceedings resulting in suspension, expulsion, or exclusion from a public school.
(c) All civil cases before the juvenile court shall be governed by the laws relating thereto and shall be initiated by filing a petition or complaint with the clerk of the juvenile court, with the exception that the proceedings provided in Section 12-15-132 shall be initiated through the juvenile court intake office.
(Act 2008-277, p. 441, §4; Act 2012-383, p. 1011, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-116 - Original Jurisdiction - Criminal.

Section 12-15-116
Original jurisdiction - Criminal.
(a) A juvenile court shall have exclusive original jurisdiction to try any individual committing any of the following offenses while 18 years of age or older:
(1) Contributing to the delinquency, in need of supervision, or dependency of a child in violation of Section 12-15-111.
(2) Opposing or interfering with a juvenile probation officer or a representative of the Department of Human Resources in violation of Section 12-15-112.
(3) Violating any of the confidentiality provisions of Sections 12-15-133, 12-15-134, 12-15-135, or 12-15-217.
(4) Nonsupport in violation of Section 13A-13-4.
(5) Violating any of the juvenile sex offender provisions of Section 15-20A-27(b)(1).
(6) Violating any of the provisions of the compulsory school attendance laws in Section 16-28-12.
(b) All criminal cases before the juvenile court shall be governed by the laws relating thereto and shall be initiated by complaint made before a judge or magistrate according to criminal procedure.
(Acts 1975, No. 1205, p. 2384, §5-109; Acts 1990, No. 90-674 , p. 1304, §5; §12-15-31; amended and renumbered by Act 2008-277, p. 441, §5; Act 2015-463, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-117 - Retention and Termination of Jurisdiction Generally.

Section 12-15-117
Retention and termination of jurisdiction generally.
(a) Once a child has been adjudicated dependent, delinquent, or in need of supervision, jurisdiction of the juvenile court shall terminate when the child becomes 21 years of age unless, prior thereto, the judge of the juvenile court terminates its jurisdiction by explicitly stating in a written order that it is terminating jurisdiction over the case involving the child. Nothing in this section is intended to affect the initial and continuing jurisdiction of juvenile courts over cases other than delinquency, dependency, or in need of supervision cases as provided in Sections 12-15-114, 12-15-115, 12-15-116, or any other statute by which jurisdiction was initially lawfully invoked.
(b) The jurisdiction of the juvenile court shall terminate when the child is convicted or adjudicated a youthful offender as provided in Section 12-15-203(i) and Section 12-15-204(b). If a person already under the jurisdiction of the juvenile court is convicted or adjudicated a youthful offender in a criminal court of a crime committed at the age of 18 or older, the conviction or adjudication shall terminate the jurisdiction of the juvenile court.
(c) In any case over which the juvenile court has jurisdiction, the juvenile court shall retain jurisdiction over an individual of any age to enforce or modify any prior orders of the juvenile court unless otherwise provided by law and also shall retain jurisdiction for the enforcement or modification of any prior orders of the juvenile court requiring the payment of fines, court costs, restitution, or other money ordered by the juvenile court until paid in full.
(d) For purposes of enforcing any order of the juvenile court requiring the payment of fines, court costs, restitution, or other money ordered by the juvenile court, the remedies with regard to punishment for contempt, including incarceration in jail of individuals 18 years of age or older, shall be available to the juvenile court.
(Acts 1975, No. 1205, p. 2384, §5-110; Acts 1997, No. 97-621, p. 1087, §1; §12-15-32; amended and renumbered by Act 2008-277, p. 441, §5; Act 2012-383, p. 1011, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-117.1 - Continuing Jurisdiction of Juvenile Court to Modify and Enforce Judgments.

Section 12-15-117.1
Continuing jurisdiction of juvenile court to modify and enforce judgments.
(a) The Legislature finds that it was its original intent in the adoption of the Alabama Juvenile Justice Act (Act 2008-277) for a juvenile court to retain continuing jurisdiction in all cases in its jurisdiction to the extent provided by law. Act 2012-383 is curative and shall apply retroactively to ratify and confirm the exercise of continuing jurisdiction of the juvenile court to modify and enforce a judgment in cases filed in juvenile court on or after January 1, 2009, and prior to May 14, 2012. Any order of a juvenile court issued while exercising jurisdiction pursuant to this subsection during this time shall be deemed valid.
(b) Nothing in Act 2012-383 shall affect the jurisdiction of the circuit courts over any custody, visitation, or support issues, or enforcement or modification of the same issues, that a circuit court exercised in cases filed on or after January 1, 2009, and prior to May 14, 2012.
(Act 2012-383, p. 1011, §§2, 3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-118 - Duties of Juvenile Court Intake Officers.

Section 12-15-118
Duties of juvenile court intake officers.
A person employed by the judicial branch of government who is designated by a juvenile court as a juvenile court intake officer shall perform the following duties:
(1) Receive and examine written complaints or petitions, made under oath, of allegations of delinquency, in need of supervision, or dependency or concerning proceedings filed pursuant to Section 12-15-132.
(2) Refer to the Department of Human Resources for investigations, reports, and recommendations those complaints and allegations of dependency or other appropriate matters and may refer to the Department of Human Resources for investigations, reports, and recommendations those complaints on children in need of supervision.
(Act 2008-277, p. 441, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-119 - Informal Adjustment of Certain Cases Prior to Filing of Juvenile Petition.

Section 12-15-119
Informal adjustment of certain cases prior to filing of juvenile petition.
After a verified complaint has been filed and before a petition alleging delinquency or in need of supervision is filed, the juvenile court intake officer, subject to the direction of the juvenile court, may give counsel and advice to the parties for the purpose of an informal adjustment pursuant to rules of procedure adopted by the Supreme Court of Alabama.
(Acts 1975, No. 1205, p. 2384, §5-116; §12-15-51; amended and renumbered by Act 2008-277, p. 441, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-120 - Cases Initiated by Filing of Petitions by Juvenile Court Intake Officers.

Section 12-15-120
Cases initiated by filing of petitions by juvenile court intake officers.
(a) Delinquency, child in need of supervision, and dependency cases and proceedings pursuant to Section 12-15-132 before the juvenile court shall be initiated by the filing of a petition by the juvenile court intake officer who shall receive verified complaints and proceed thereon pursuant to rules of procedure adopted by the Supreme Court of Alabama.
(b) A petition alleging that a child is a delinquent child, dependent child, or a child in need of supervision shall not be filed by a juvenile court intake officer unless the juvenile court intake officer has determined and endorsed upon the petition that the juvenile court has subject matter jurisdiction and venue over the case and that the filing of the petition is in the best interests of the public and the child.
(Acts 1975, No. 1205, p. 2384, §5-114; §12-15-50; amended and renumbered by Act 2008-277, p. 441, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-121 - Form, Contents, and Execution of Juvenile Petitions.

Section 12-15-121
Form, contents, and execution of juvenile petitions.
(a) A juvenile petition alleging delinquency, in need of supervision, or dependency may be signed by any person 18 years of age or older, other than a juvenile court intake officer, who has knowledge of the facts alleged or is informed of them and believes that they are true. However, the person signing a dependency petition, in the petition or in an attached affidavit, shall give information, if reasonably ascertainable, as required in Section 30-3B-209.
(b) A petition shall be entitled "In the matter of _____, a child" and shall be made under oath.
(c) The petition shall set forth with specificity all of the following:
(1) The facts which bring the child under the jurisdiction of the juvenile court, the facts constituting the alleged dependency, delinquency, or need of supervision and the facts showing that the child is in need of supervision, treatment, rehabilitation, care, or the protection of the state, as the case may be.
(2) The name, age, and residence address, if known, of the child on whose behalf the petition is brought.
(3) The names and residence addresses, if known to the petitioner, of the parent, legal guardian, or legal custodian of the child. If no parent, legal guardian, or legal custodian resides or can be found within the state or if their respective places of residence are unknown, the name of any known adult relative residing within the county or, if there be none, the known adult relative residing nearest to the location of the juvenile court.
(4) The place of detention of the child and the time he or she was taken into custody, if the child in custody is alleged to be delinquent or in need of supervision.
(d) When any of the facts required by subsection (c) are not known, except the facts required by subdivision (4) of subsection (c), the petition shall so state.
(Acts 1975, No. 1205, p. 2384, §5-115; §12-15-52; amended and renumbered by Act 2008-277, p. 441, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-122 - Issuance and Service of Summonses Generally; Waiver of Service of Summonses.

Section 12-15-122
Issuance and service of summonses generally; waiver of service of summonses.
(a) After a petition alleging delinquency, in need of supervision, or dependency has been filed, the juvenile court shall direct the issuance of summonses to be directed to the child if he or she is 12 or more years of age, to the parents, legal guardian, or other legal custodian, and to other persons who appear to the juvenile court to be proper or necessary parties to the proceedings, requiring them to appear personally before the juvenile court at the time fixed to answer or testify as to the allegations of the petition. Where the legal custodian is summoned, the parent or legal guardian, or both, shall also be served with a summons.
(b) A copy of the petition shall be attached to each summons.
(c) The summons shall direct the parents, legal guardian, or other legal custodian having the custody or control of the child to bring him or her to the hearing.
(d) An adult who is a party may waive service of the summons by written stipulation or by voluntary appearance at the hearing.
(Acts 1975, No. 1205, p. 2384, §5-117; Acts 1996, No. 96-570, p. 864, §1; §12-15-53; amended and renumbered by Act 2008-277, p. 441, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-123 - Manner of Service of Summons.

Section 12-15-123
Manner of service of summons.
Service of summonses in cases filed in the jurisdiction of the juvenile court shall be pursuant to rules of procedure adopted by the Supreme Court of Alabama.
(Acts 1975, No. 1205, p. 2384, §5-118; §12-15-54, amended and renumbered by Act 2008-277, p. 441, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-124 - Authority of Juvenile Court to Make Interlocutory or Final Dispositional Orders in Cases Where Parties Served by Publication.

Section 12-15-124
Authority of juvenile court to make interlocutory or final dispositional orders in cases where parties served by publication.
The juvenile court shall make interlocutory and final dispositional orders in those cases in which a party or parties have been served by publication in accordance with rules adopted by the Supreme Court of Alabama.
(Acts 1975, No. 1205, p. 2384, §5-133; §12-15-55; amended and renumbered by Act 2008-277, p. 441, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-125 - Taking Into Custody of Children Generally.

Section 12-15-125
Taking into custody of children generally.
(a) A child or minor may be taken into custody for any of the following reasons:
(1) Pursuant to an order of the juvenile court.
(2) By a law enforcement officer having reasonable grounds to believe that the child or minor has run away from a juvenile detention, residential, shelter, or other care facility.
(3) By a law enforcement officer having reasonable grounds to believe that the child or minor is suffering from an illness or injury or is in immediate danger from the surroundings of the child or minor and that the immediate removal of the child or minor from those surroundings is necessary for the protection of the health and safety of the child or minor.
(b) In addition to the grounds listed in subsection (a), a child may also be taken into custody for any of the following reasons:
(1) By a law enforcement officer for an alleged delinquent act pursuant to the laws of arrest;
(2) By a law enforcement officer who has reasonable grounds to believe that the child has run away from his or her parents, legal guardian, or other legal custodian;
(3) By a law enforcement officer who has reasonable grounds to believe that the child has no parent, legal guardian, legal custodian, or other suitable person willing and able to provide supervision and care for the child; or
(4) By a juvenile probation officer pursuant to Section 12-15-107.
(Acts 1975, No. 1205, p. 2384, §5-119; §12-15-56; amended and renumbered by Act 2008-277, p. 441, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-126 - Issuance of Pick-Up Order for Taking Into Custody.

Section 12-15-126
Issuance of pick-up order for taking into custody.
If it appears from a sworn statement, written or verbal, presented to the juvenile court that a child needs to be placed in detention or shelter or other care, the juvenile court may issue a pick-up order that a law enforcement officer or other person authorized by this chapter shall at once take the child into custody and take him or her to the place of detention or shelter or other care designated by the juvenile court.
(Acts 1975, No. 1205, p. 2384, §5-120; §12-15-57; amended and renumbered by Act 2008-277, p. 441, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-128 - Authority and Criteria for Continuation of Detention or Shelter Care of Children Taken Into Custody Beyond 72 Hours.

Section 12-15-128
Authority and criteria for continuation of detention or shelter care of children taken into custody beyond 72 hours.
(a) An allegedly delinquent child, dependent child, or child in need of supervision lawfully taken into custody shall immediately be released, upon the ascertainment of the necessary facts, to the care, custody, and control of the parent, legal guardian, or legal custodian of the child or other suitable person able to provide supervision and care for the child, unless the juvenile court or juvenile court intake officer, subject to the limitations in Section 12-15-208, finds any of the following:
(1) The child has no parent, legal guardian, legal custodian, or other suitable person able to provide supervision and care for the child.
(2) The release of the child would present a clear and substantial threat of a serious nature to the person or property of others and where the child is alleged to be delinquent.
(3) The release of the child would present a serious threat of substantial harm to the child.
(4) The child has a history of failing to appear for hearings before the juvenile court.
(5) The child is alleged to be delinquent for possessing a pistol, short-barreled rifle, or short-barreled shotgun, in which case the child may be detained in a juvenile detention facility until the hearing required by Section 12-15-207. Pistol as used in this section shall be as defined in subdivision (1) of Section 13A-11-70. Short-barreled rifle and short-barreled shotgun as used in this section shall be as defined in Section 13A-11-62.
(b) The criteria for continuing the allegedly delinquent child or child in need of supervision in detention or shelter or other care, or for continuing the allegedly dependent child in shelter or other care, as set forth in subsection (a) shall govern the decisions of all persons involved in determining whether the continued detention or shelter care is warranted pending juvenile court disposition and those criteria shall be supported by clear and convincing evidence in support of the decision not to release the child.
(c) In releasing a child, a juvenile court or the juvenile court intake officer may impose restrictions on the travel, association, or place of abode of the child or place the child under the supervision of a department, agency, or organization agreeing to supervise him or her, and may place the child under supervision such as electronic or telephone monitoring, if available. A child, once placed in detention, may also be released pursuant to the same conditions should there be a need to release the child from a juvenile detention facility because of an overcrowded population.
(Acts 1975, No. 1205, p. 2384, §5-121; §12-15-59; amended and renumbered by Act 2008-277, p. 441, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-129 - Conduct of Hearings Generally.

Section 12-15-129
Conduct of hearings generally.
All hearings pursuant to this chapter shall be conducted by the juvenile court without a jury and separate from other proceedings. The general public shall be excluded from delinquency, in need of supervision, or dependency hearings and only the parties, their counsel, witnesses, and other persons requested by a party shall be admitted. Other persons as the juvenile court finds to have a proper interest in the case or in the work of the juvenile court may be admitted by the juvenile court on condition that the persons refrain from divulging any information which would identify the child under the jurisdiction of the juvenile court or family involved. If the juvenile court finds that it is in the best interests of the child under the jurisdiction of the juvenile court, the child may be temporarily excluded from the hearings, except while allegations of delinquency or in need of supervision are being heard.
(Acts 1975, No. 1205, p. 2384, §5-128; Acts 1987, No. 87-597, p. 1037, §1; Acts 1990, No. 90-674, p. 1304, §11; Acts 1993, No. 93-256, p. 367, §1; Acts 1995, No. 95-545, p. 1143, §1; Act 98-372, p. 677, §1; §12-15-65; amended and renumbered by Act 2008-277, p. 441, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-131 - Issuance of Orders Restraining Conduct of Parties to Proceedings.

Section 12-15-131
Issuance of orders restraining conduct of parties to proceedings.
In any proceeding commenced pursuant to this chapter, on motion of the juvenile court or on motion of a party, the juvenile court may make an order restraining the conduct of any party over whom the juvenile court has obtained jurisdiction, if all of the following occur:
(1) An order of disposition of a delinquent child, dependent child, or a child in need of supervision has been made in a proceeding pursuant to this chapter.
(2) The juvenile court finds that the conduct of the party is or may be detrimental or harmful to the delinquent child, dependent child, or child in need of supervision and will tend to defeat the execution of the order of disposition made.
(3) Notice of the motion and the grounds therein and an opportunity to be heard thereon have been given to the party against whom the order is directed.
(Acts 1975, No. 1205, p. 2384, §5-141; §12-15-73; amended and renumbered by Act 2008-277, p. 441, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-132 - Proceedings Against Children Violating Terms of Probation or Aftercare; Disposition of These Children.

Section 12-15-132
Proceedings against children violating terms of probation or aftercare; disposition of these children.
(a) A child on probation or aftercare incident to an adjudication as a delinquent child or a child in need of supervision who violates the terms of his or her probation or aftercare may be proceeded against for a revocation of the order.
(b) A proceeding to revoke probation or aftercare shall be commenced by the filing of a petition entitled "petition to revoke probation" or "petition to revoke aftercare." Except as otherwise provided, these petitions shall be screened, reviewed, and prepared in the same manner and shall contain the same information as provided in Sections 12-15-120 and 12-15-121. The petition shall recite the date that the child was placed on probation or aftercare and shall state the time and manner in which notice of the terms of probation or aftercare was given.
(c) Probation or aftercare revocation proceedings shall require clear and convincing evidence. In all other respects, proceedings to revoke probation or aftercare shall be governed by the procedures, safeguards, and rights and duties applicable to delinquency and child in need of supervision cases contained in this chapter.
(d) If a child is found to have violated the terms of his or her probation or aftercare pursuant to a revocation hearing, the juvenile court may extend the period of probation or aftercare or make any other order of disposition specified for a child adjudicated delinquent or in need of supervision.
(e) A violation of probation for a child in need of supervision is not an adjudication of delinquency.
(Acts 1975, No. 1205, p. 2384, §5-135; §12-15-75; amended and renumbered by Act 2008-277, p. 441, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-135 - Taking and Disposition of Fingerprints, Photographs, Blood Samples.

Section 12-15-135
Taking and disposition of fingerprints, photographs, blood samples.
(a) Fingerprints of a child who has been charged with a delinquent act shall be taken by the law enforcement agency taking the child into custody. The prints may be retained in a local file and a copy shall be filed with the Alabama Bureau of Investigation.
(b) If latent fingerprints are found during the investigation of a delinquent act and a law enforcement officer has reason to believe that they are those of the child in custody, the officer may fingerprint the child regardless of age or delinquent act for purpose of immediate comparison with the latent fingerprints. The prints may be retained in a local file and copies shall be sent to the Alabama Bureau of Investigation.
(c) Special precautions shall be taken to ensure that the fingerprints will be maintained in a manner and pursuant to safeguards as to limit their use to inspection for comparison purposes by law enforcement officers or by staff of the depository only in the investigation of a crime.
(d) A child who is charged with a delinquent act shall be photographed by the law enforcement agency taking the child into custody for criminal identification purposes. A child in custody for any other reason shall not be photographed for criminal identification purposes without the consent of the juvenile court. The photographs shall be retained in a local file with the same safeguards in place as for fingerprints.
(e) Blood or other samples necessary for DNA testing may be taken for criminal identification purposes from a child who is charged with a delinquent act that would constitute a Class A or B felony if committed by an adult. The samples, if taken, shall be submitted for DNA testing and the DNA records shall be filed with the Department of Forensic Sciences. Special precautions shall be taken to ensure that the DNA records will be maintained in a manner and pursuant to safeguards that will limit their use to inspection for identification purposes by law enforcement officers or by staff of the testing facility only in the investigation of a crime.
(f) Any person who willfully violates this section, upon conviction thereof, shall be guilty of a Class A misdemeanor under the jurisdiction of the juvenile court.
(Acts 1975, No. 1205, p. 2384, §5-144; Acts 1996, No. 96-524, p. 677, §1; Acts 1997, No. 97-925, p. 375, §1; Act 99-203, p. 261, §1; Act 99-433, p. 792, §3; §12-15-102; amended and renumbered by Act 2008-277, p. 441, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-136 - Proceedings for Sealing Legal and Social Files and Records of Courts, Pertaining to Certain Persons and Effect Thereof.

Section 12-15-136
Proceedings for sealing legal and social files and records of courts, pertaining to certain persons and effect thereof.
(a) On motion of a person who has been the subject of a delinquency or child in need of supervision petition , the juvenile court may order the sealing of the legal and social files and records of the juvenile court pertaining to the person if it finds that:
(1) Two years have elapsed since the final discharge of the person from legal custody or supervision or two years after the entry of any other order of the juvenile court not involving custody or supervision; and
(2) The person has not been convicted or adjudicated delinquent or a youthful offender of any felony or a misdemeanor involving sexual offenses, drugs, weapons, or violence, or threats of violence, prior to the filing of the motion and no proceeding is pending seeking the conviction or adjudication.
(b) The motion and the order may include the records, reports, or information specified in Section 12-15-133.
(c) Notice of the motion shall be given by the clerk of the juvenile court to all of the following:
(1) The prosecutor.
(2) The authority granting the discharge if the final discharge was from an institution, parole, or probation.
(3) The law enforcement officers, department, agency, and central depository having custody of the files and records specified in Section 12-15-133 and included in the motion.
(d) Upon the entry of the order, the proceedings in the case shall be sealed. The juvenile court, by order in an individual case, may permit inspection by or release of information in the records to any clinic, hospital, or agency which has the person under care.
(e) Any adjudication of delinquency or youthful offender or conviction of a felony or misdemeanor involving sexual offenses, drugs, weapons, or violence, or threats of violence, subsequent to sealing shall have the effect of nullifying the sealing order.
(Acts 1975, No. 1205, p. 2384, §5-145; §12-15-103; amended and renumbered by Act 2008-277, p. 441, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › 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 12-15-137
Proceedings for destruction of legal and social files and records of juvenile courts pertaining to certain persons and effect thereof.
(a) A person who has been the subject of a delinquency petition and has met the conditions stipulated in subdivision (2) of subsection (a) of Section 12-15-136, five years after reaching the age of majority, may file a motion requesting the destruction of all records pertaining to his or her case. If the juvenile court grants the motion, copies of the order shall be sent to all offices, departments, or agencies that are repositories of the records, and all the offices, departments, and agencies shall comply with the order.
(b) Upon the entry of a destruction order, all references including arrest, complaints, referrals, petitions, reports, and orders shall be removed from all department or agency official and institutional files and destroyed.
(c) A person who has been the subject of a delinquency petition shall be notified of his or her rights under subsection (a) of Section 12-15-136 and subsection (a) of this section and at the time of his or her final discharge.
(Act 2008-277, p. 441, §8)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › 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 12-15-138
Power of juvenile courts to enter protection or restraint ex parte order; when order may be entered; purpose of order.
The juvenile court, at any time after a dependency petition has been filed, or on an emergency basis, may enter an order of protection or restraint to protect the health or safety of a child subject to the proceeding.
(Acts 1991, No. 91-661, p. 1265, §1; §12-15-150; amended and renumbered by Act 2008-277, p. 441, §9.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › 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 12-15-139
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.
A protection or restraint order may be issued by the juvenile court, after notice and a hearing, upon proper showing by a preponderance of the evidence that an order is necessary to protect the health or safety of the child subject to a juvenile court proceeding or is otherwise in the best interests of the child.
(Acts 1991, No. 91-661, p. 1265, §2; §12-15-151; amended and renumbered by Act 2008-277, p. 441, §9.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › 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 12-15-140
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.
(a) The protection or restraint order may set forth reasonable conditions of behavior to be observed by a person who is a parent, legal guardian, legal custodian, or other person legally responsible for the care of the child subject to a juvenile court proceeding, or the spouse of the parent, or spouse of any other person legally responsible for the care of the child, or relatives of any of the above, or residents of the home of the child, or any other person.
(b) The protection or restraint order, among other things, may require any person or persons to do any of the following:
(1) Stay away from the home in which the child subject to a juvenile court proceeding resides, the family or the child.
(2) Vacate the home in which the child subject to a juvenile court proceeding resides.
(3) Permit a parent, legal guardian, or legal custodian to visit the child subject to a juvenile court proceeding at stated periods pursuant to stated conditions or deny visitation.
(4) Deny access to the home in which the child subject to a juvenile court proceeding resides to persons who have been harmful to the child.
(5) Refrain from acts of commission or omission that tend to make the home in which the child subject to a juvenile court proceeding resides an unsafe place for the child.
(6) Cooperate with any treatment or Department of Human Resources service plan found necessary to the best interests of the child subject to a juvenile court proceeding.
(7) Obtain or participate in individual or family counseling.
(8) Refrain from abusive, disruptive, or harassing behavior toward the child subject to a juvenile court proceeding, the other parent, legal guardian, or legal custodian.
(9) Limit or refrain from contact or communication with the child subject to a juvenile court proceeding, family, children in the home, or any other child.
(10) Pay temporary support for the child subject to a juvenile court proceeding or other family members and the costs of medical, psychiatric, or physical treatment or care of the child or other family members.
(Acts 1991, No. 91-661, p. 1265, §3; §12-15-152; amended and renumbered by Act 2008-277, p. 441, §9.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › 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 12-15-141
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.
The juvenile court may enter an ex parte order of protection or restraint on an emergency basis, without prior notice and a hearing, upon a showing of verified written or verbal evidence of abuse or neglect injurious to the health or safety of a child subject to a juvenile court proceeding and the likelihood that the abuse or neglect will continue unless the order is issued. If an emergency order is issued, a hearing, after notice, shall be held within 72 hours of the written evidence or the next judicial business day thereafter, to either dissolve, continue, or modify the order.
(Acts 1991, No. 91-661, p. 1265, §4; §12-15-153; amended and renumbered by Act 2008-277, p. 441, §9.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › 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 12-15-142
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.
After notice and opportunity for a hearing afforded to a person subject to a protection or restraint order, the order may be modified or extended for a further specified period, or both, or may be terminated if the juvenile court finds that the best interests of the child subject to a juvenile court proceeding will be served thereby.
(Acts 1991, No. 91-661, p. 1265, §5; §12-15-154; amended and renumbered by Act 2008-277, p. 441, §9.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-143 - Violations of Orders Punished as Contempt; Willful Conduct Rendering Violator Responsible for Court Costs and Attorney Fees.

Section 12-15-143
Violations of orders punished as contempt; willful conduct rendering violator responsible for court costs and attorney fees.
(a) Any person violating an order of protection or restraint shall be punishable for contempt of court, as in other cases, and upon a finding of willful conduct, shall be responsible for the payment of court costs and attorney fees incurred by any person in seeking enforcement of the order.
(b) Any person may also be charged with a willful violation of a protection order pursuant to subsection (c) of Section 30-5A-3.
(Acts 1991, No. 91-661, p. 1265, §6; §12-15-155; amended and renumbered by Act 2008-277, p. 441, §9.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 1 - General Provisions. › Section 12-15-144 - Construction of Sections; Sections to Be Read in Pari Materia With Certain Other Laws.

Section 12-15-144
Construction of sections; sections to be read in pari materia with certain other laws.
The provisions of Sections 12-15-138 to 12-15-143, inclusive, shall be construed in pari materia with Sections 30-5-1 to 30-5-11, inclusive, as amended, and other criminal laws relating to child abuse except to the extent that there is conflict herewith.
(Acts 1991, No. 91-661, p. 1265, §7; §12-15-156; amended and renumbered by Act 2008-277, p. 441, §9.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 2 - Delinquency and Children in Need of Supervision. › Section 12-15-201 - Definitions.

Section 12-15-201
Definitions.
For purposes of this article, the following terms and phrases shall have the following meanings:
(1) AVERAGE COST OF DETENTION. The average cost of detention of children as determined from experience in Alabama and as computed by the Department of Youth Services.
(2) CONSENT DECREE. An order, entered after the filing of a delinquency or child in need of supervision petition and before the entry of an adjudication order, suspending the proceedings and placing the child under supervision pursuant to terms and conditions agreed to between the child and his or her parent, legal guardian, or legal custodian and approved by the juvenile court.
(3) NONOFFENDER. A child who is subject to the jurisdiction of the juvenile court for reasons other than the legally prohibited conduct of the child.
(4) STATUS OFFENDER. A status offender is an individual who has been charged with or adjudicated for conduct that would not, pursuant to the law of the jurisdiction in which the offense was committed, be a crime if committed by an adult. An adjudicated status offender who violates the terms of his or her probation or aftercare remains a status offender for purposes of subdivision (1) of subsection (a) of Section 12-15-208, unless the child is contemporaneously adjudicated for having committed a delinquent act that is not a status offense. Status offenses include, but are not limited to, the following:
a. Truancy.
b. Violations of municipal ordinances applicable only to children.
c. Runaway.
d. Beyond control.
e. Consumption or possession of tobacco products.
f. Possession and consumption of alcohol, which is a status offense by federal law, even though considered a delinquent act by state law.
g. Driving under the influence pursuant to subsection (b) of Section 32-5A-191, which is a status offense by federal law, even though considered a delinquent act by state law.
(5) VALID COURT ORDER. An order given by a juvenile court judge to a child who was brought before the juvenile court and made subject to the order; and who received, before the issuance of the order, the full due process rights guaranteed to the child by the Constitution of the United States.
(Act 2008-277, p. 441, §11.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 2 - Delinquency and Children in Need of Supervision. › Section 12-15-205 - Venue Generally.

Section 12-15-205
Venue generally.
If delinquency or in need of supervision is alleged, proceedings shall be commenced in the county where the acts constituting the allegation occurred.
(Acts 1975, No. 1205, p. 2384, §5-111; §12-15-35; 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 12-15-206 - Transfer of Delinquent and Child in Need of Supervision Proceedings Between Juvenile Courts Within the State.

Section 12-15-206
Transfer of delinquent and child in need of supervision proceedings between juvenile courts within the state.
If a child resides in a county of the state and the delinquency or child in need of supervision proceeding is commenced in a juvenile court of another county, the juvenile court in the county in which the proceeding was commenced, on its own motion or a motion of a party and after consultation with the receiving juvenile court, may transfer the proceeding to the county of the residence of the child for such further action or proceedings as the juvenile court receiving the transfer may deem proper.
A transfer may also be made if the residence of the child changes pending the proceeding.
The proceeding shall be so transferred if the child has been adjudicated delinquent or in need of supervision and other proceedings involving the child are pending in the juvenile court of the county of his or her residence.
Certified copies of all legal and social records pertaining to the case shall accompany the transfer.
(Acts 1975, No. 1205, p. 2384, §5-113; §12-15-36; 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 12-15-208.1 - Requirements for the Detainment of Juveniles.

Section 12-15-208.1
Requirements for the detainment of juveniles.
(a) No person under the age of 18 years, including one who has been transferred for criminal prosecution pursuant to Section 12-15-203 or charged pursuant to Section 12-15-204, shall be detained or confined in any facility under the control of the Department of Corrections unless the facility is fully compliant with the sight and sound separation requirements in subsection (d) of Section 12-15-208. The use of solitary confinement or other practice resulting in extended isolation as a method of complying with subsection (d) of Section 12-15-208 shall be prohibited.
(b) The implementation of this section shall be contingent on funds being appropriated to accomplish this provision.
(Act 2015-185, §17.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 2 - Delinquency and Children in Need of Supervision. › 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 12-15-209
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.
(a) When the juvenile court finds that full-time detention or shelter care of a child is not required, the juvenile court shall order the release of the child, and in so doing, may impose one or more of the following conditions:
(1) Place the child in the custody of a parent, legal guardian, legal custodian, or any other person whom the juvenile court deems proper, or place the child with a department, agency, or organization agreeing to supervise the child.
(2) Place restrictions on the travel, association, or place of abode of the child during the period of his or her release, or place the child under electronic or telephone monitoring, if available.
(3) Impose any other condition deemed reasonably necessary and consistent with the criteria for detaining children specified in Section 12-15-128, including a condition requiring that the child return to custody as required.
(b) An order releasing a child on any conditions specified in subsection (a) may at any time be amended to impose additional or different conditions of release or to return the child to custody for failure to conform to the conditions originally imposed.
(Acts 1975, No. 1205, p. 2384, §5-123; Acts 1990, No. 90-674, p. 1304, §10; Act 98-372, p. 677, §1; §12-15-62; amended and renumbered by Act 2008-277, p. 441, §12.)