12-15-114
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...
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12-15-120
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.)...
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12-15-502
Section 12-15-502 Referral of multiple needs child case to county team. After the filing
of a petition alleging that a child is delinquent, dependent, or in need of supervision, or
after the filing of a petition seeking mental commitment of a minor or child pursuant to Article
4, the juvenile court, on its own motion or motion of a party, may refer the above-referenced
child to the county team for recommendation if the petition alleged or evidence reveals to
the juvenile court that the child may be a multiple needs child. If the case involves a child
in need of supervision, or a status offender as defined in subdivision (4) of Section
12-15-201, who is at imminent risk of being placed in the legal or physical custody of the
Department of Human Resources, the juvenile court shall refer the case to the county team.
This referral may occur prior to any hearing, or the juvenile court may suspend proceedings
during the hearing or prior to disposition to review the findings and...
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12-15-126
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.)...
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12-15-212
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...
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12-15-311
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...
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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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12-15-111
Section 12-15-111 Contributing to the delinquency, dependency, or need of supervision
of children. (a) It shall be unlawful for any parent, legal guardian, legal custodian, or
other person to do any of the following: (1) To willfully aid, encourage, or cause any child
to become or remain delinquent, dependent, or in need of supervision. (2) To permit or encourage
the employment of any child in violation of any of the provisions of the child labor law.
(3) To cause a child to fail to attend school as required by the compulsory school attendance
law. (b) Whenever, in the course of any proceedings pursuant to this chapter, or when, by
affidavit as provided in this subsection, it shall appear to the juvenile court that a parent,
legal guardian, legal custodian, or other person having custody, control, or supervision of
a child or any other person not standing in any relation to the child has aided, encouraged,
or caused the child to become delinquent, dependent, or in need of supervision,...
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12-15-131
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,...
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12-15-202
Section 12-15-202 Rights of the child. (a) Rights of the child when taken into custody.
When a child is taken into custody, the person taking the child into custody shall inform
the child of all of the following, in language understandable to the child: (1) The reason
that the child is being taken into custody. (2) That the child has the right to communicate
with his or her parent, legal guardian, or legal custodian whether or not that person is present.
If necessary, reasonable means will be provided for the child to do so. (3) The child has
the right to communicate with an attorney. If the child does not have an attorney, one will
be appointed for him or her. If the child has an attorney who is not present, reasonable means
shall be provided for the child to communicate with the attorney. (b) Rights of the child
before being questioned while in custody. Before the child is questioned about anything concerning
the charge on which the child was taken into custody, the person asking the...
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