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12-15-211
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...
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12-15-214
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;...
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38-12-32
Section 38-12-32 Definitions. As used in this article, the following terms shall have
the following meanings: (1) CAREGIVER. An individual 21 years of age or older, other than
a child's parent, legal guardian, or legal custodian who is an approved foster parent, who
is a relative of the child, and who has been providing care and support for the child while
the child has been residing in the caregiver's home for at least the last six consecutive
months while in the legal custody of the Department of Human Resources, a designated official
for a child-placing agency, or a successor guardian. (2) CHILD. An individual under 18 years
of age who is in foster care with the caregiver and over whom a court has exercised continuing
jurisdiction. (3) COURT. The juvenile court. (4) DEPARTMENT. The Department of Human Resources.
(5) KINSHIP GUARDIAN. A caregiver who is willing to assume care of a child because of parental
incapacity of a parent, legal guardian, legal custodian, or other dependency...
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12-15-313
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...
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12-15-209
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...
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12-15-309
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.)...
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12-15-125
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...
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12-15-130
Section 12-15-130 Ordering, conduct, and certification of findings of mental and physical
examinations of children; minors or children believed to be individuals with a mental illness
or an intellectual disability; treatment or care for children; payment; authority to order
emergency medical care for children. (a) Where there are indications that a child may be physically
ill, a child with mental illness or an intellectual disability, or an evaluation of a child
is needed to help determine issues of competency to understand judicial proceedings, mental
state at the time of the offense, or the ability of the child to assist his or her attorney,
the juvenile court, on its own motion or motion by the prosecutor, or that of the child's
attorney or guardian ad litem for the child, 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...
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15-20A-48
Section 15-20A-48 Relation to other laws. (a) For the purposes of Sections 13A-5-2,
13A-5-6, 14-9-41, 15-18-8, 15-22-27.3, or any other section of the Code of Alabama
1975, a criminal sex offense involving a child shall mean a conviction for any sex offense
in which the victim was a child under the age of 12 or any offense involving child pornography.
(b) For the purpose of Section 12-15-107(a)(7), a juvenile probation officer shall
notify the state and either the parent, legal guardian, or legal custodian of a juvenile sex
offender, or the child's attorney for the juvenile sex offender, of the pending release of
the sex offender and provide them with a copy of the risk assessment pursuant to subsection
(c) of Section 15-20A-26. (c) For the purpose of Section 12-15-116(a)(5), a
juvenile court shall have exclusive original jurisdiction to try any individual who is 18
years of age or older and violates any of the juvenile criminal sex offender provisions of
subdivision (1) of subsection...
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38-12-31
Section 38-12-31 Legislative findings. The Legislature finds and declares the following:
(1) There exists in this state a number of children who cannot reside with their parents,
legal guardians, or legal custodians because of such parents', legal guardians', or custodians'
incapacity or inability to perform the regular and expected functions of care and support
of the children and family care and who thereby come to the attention of juvenile court and
into the care and custody of the Department of Human Resources. (2) An increasing number of
relatives, including grandparents, find themselves wanting to provide care to related foster
children on a long-term basis to prevent the children from remaining in foster care with unrelated
caregivers yet these relatives are either unable or unwilling to seek termination of the legal
relationships between the parent and the child, particularly when it is the caregiver's own
child or sibling who is the parent. (3) It is in the public interest to...
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