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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be
dependent, the juvenile court may make any of the following orders of disposition to protect
the welfare of the child: (1) Permit the child to remain with the parent, legal guardian,
or other legal custodian of the child, subject to conditions and limitations as the juvenile
court may prescribe. (2) Place the child under protective supervision under the Department
of Human Resources. (3) Transfer legal custody to any of the following: a. The Department
of Human Resources. b. A local public or private agency, organization, or facility willing
and able to assume the education, care, and maintenance of the child and which is licensed
by the Department of Human Resources or otherwise authorized by law to receive and provide
care for the child. c. A relative or other individual who, after study by the Department of
Human Resources, is found by the juvenile court to be qualified to receive and care for the...
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12-21-131
Section 12-21-131 Interpreters for persons defective in speech and/or hearing - Qualified
interpreter provided in certain criminal and juvenile proceedings; requirements; fees. (a)
Deaf person means any person either totally deaf, or who has defective hearing, or who has
both defective hearing and speech. (b) For the purpose of this section, the term qualified
interpreter means an interpreter certified by the National Registry of Interpreters for the
Deaf, Alabama Registry of Interpreters for the Deaf, or, in the event an interpreter so certified
is not available, an interpreter whose qualifications are otherwise determined. Efforts to
obtain the services of a qualified interpreter certified with a legal skills certificate or
a comprehensive skills certificate will be made prior to accepting services of an interpreter
with lesser certification. No qualified interpreter shall be appointed unless the appointing
authority and the deaf person make a preliminary determination that the...
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12-15-132
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...
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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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12-15-116
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...
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12-15-317
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...
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12-15-319
Section 12-15-319 Grounds for termination of parental rights; factors considered; presumption
arising from abandonment. (a) If the juvenile court finds from clear and convincing evidence,
competent, material, and relevant in nature, that the parents of a child are unable or unwilling
to discharge their responsibilities to and for the child, or that the conduct or condition
of the parents renders them unable to properly care for the child and that the conduct or
condition is unlikely to change in the foreseeable future, it may terminate the parental rights
of the parents. In a hearing on a petition for termination of parental rights, the court shall
consider the best interests of the child. In determining whether or not the parents are unable
or unwilling to discharge their responsibilities to and for the child and to terminate the
parental rights, the juvenile court shall consider the following factors including, but not
limited to, the following: (1) That the parents have abandoned...
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12-15-308
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...
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12-15-315
Section 12-15-315 Permanency hearing for Department of Human Resources cases only. (a)
Within 12 months of the date a child is removed from the home and placed in out-of-home care,
and not less frequently than every 12 months thereafter during the continuation of the child
in out-of-home care, the juvenile court shall hold a permanency hearing. The Department of
Human Resources shall present to the juvenile court at the hearing a permanent plan for the
child. The juvenile court shall consult with the child, in an age-appropriate manner, regarding
the permanency plan and any transition plan to independent living. If a permanent plan is
not presented to the juvenile court at this hearing, there shall be a rebuttable presumption
that the child should be returned home. This provision is intended to ensure that a permanent
plan is prepared by the Department of Human Resources and presented to the juvenile court
within 12 months of the placement of any child in foster care and no less...
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30-3B-102
Section 30-3B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision.
(2) CHILD. An individual who has not attained 19 years of age. (3) CHILD CUSTODY DETERMINATION.
A judgment, decree, or other order of a court providing for the legal custody, physical custody,
or visitation with respect to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order relating to child support or other
monetary obligation of an individual. (4) CHILD CUSTODY PROCEEDING. A proceeding in a court
in which legal custody, physical custody, or visitation with respect to a child is an issue.
The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from domestic violence, in which
the issue may appear. The term does not include a court...
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