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12-15-215
Section 12-15-215 Disposition of delinquent children or children in need of supervision generally.
(a) If the juvenile court finds on proof beyond a reasonable doubt, based upon competent,
material, and relevant evidence, that a child committed the acts by reason of which the child
is alleged to be delinquent or in need of supervision, it 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 which 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 theretofore ordered. If the juvenile court finds that the
child is in need of care or rehabilitation, it may make any of the...
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12-15-314
care to participate in activities that are age or developmentally appropriate for the child
based on a reasonable and prudent parent standard, provided the activities are consistent
with provisions of any existing court order, individualized service plan, or promulgated policy
of the department that provides guidance to caregivers concerning the reasonable and prudent
parent standard. The guidance shall include factors for the caregiver to consider prior to
allowing a child to participate in age or developmentally appropriate normal childhood activities.
(2) A caregiver shall be immune from liability in a civil action to recover damages for injury,
death, or loss to person or property that results from a caregiver's decisions using a reasonable
and prudent parent standard. This subsection shall not be construed to remove or limit any
existing liability protection provided by law. (Act 2008-277, p. 441, §18; Act 2010-712,
p. 1744, §13; Act 2016-129, p. 290, §1; Act 2018-273, §1.)...
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12-15-117
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...
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12-15-122
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...
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12-15-310
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...
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12-15-121
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...
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12-15-134
Section 12-15-134 Maintenance and inspection of law enforcement records. (a) Law enforcement
agencies shall take special precautions to ensure that law enforcement records and files concerning
a child will be maintained in a manner and pursuant to those safeguards that will protect
against disclosure to any unauthorized person, department, agency, or entity. Unless a charge
of delinquency is transferred for criminal prosecution pursuant to Section 12-15-203 or the
juvenile court otherwise orders in the interests of the child or of national security, the
law enforcement records and files with respect to the child shall not be open to public inspection
nor their contents disclosed to the public. (b) Law enforcement records and files described
in subsection (a) shall be open to inspection and copying by the following: (1) A juvenile
court having a child currently before it in any proceeding. (2) Personnel of the Department
of Human Resources, the Department of Youth Services, public and...
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12-15-201
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...
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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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12-15-208
witness or for return to their lawful residence or country of citizenship shall be reported
as violations of the deinstitutionalization of status offender requirement. (3) NONOFFENDERS.
Nonoffenders, as defined in this article, shall not be detained or confined in secure custody.
(4) CHILDREN 10 YEARS OF AGE AND YOUNGER. Children 10 years of age and younger shall not be
detained or confined in secure custody, unless the children are charged with offenses causing
death or serious bodily injury to persons or offenses that would be classified as Class
A felonies if committed by adults. Children 11 or 12 years of age may only be detained or
confined in secure custody by orders of juvenile courts, unless the children are charged with
offenses causing death or serious bodily injury to persons or offenses that would be
classified as Class A felonies if committed by adults. (b) Persons who may be detained or
confined in secure custody include all of the following: (1) Persons who violate...
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