12-15-105
Section 12-15-105 Exercise of authority by district attorneys in juvenile court proceedings
generally; assistance by district attorneys in the juvenile courts; representation of the
state by district attorneys in cases appealed from juvenile courts. (a) The district attorney
of the judicial circuit in which delinquency or child in need of supervision cases are filed
may exercise his or her authority in all delinquency and child in need of supervision cases
arising pursuant to this chapter. (b) The juvenile court may call upon the district attorney
to assist the juvenile court in any proceeding pursuant to this chapter. It shall be the duty
of the district attorney to render this assistance when so requested. (c) Notwithstanding
Title 36, the district attorney shall represent the state in all delinquency and child in
need of supervision cases appealed from the juvenile court. (Acts 1975, No. 1205, p. 2384,
§5-107; §12-15-5; amended and renumbered by Act 2008-277, p. 441, §1.)...
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12-15-129
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,...
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12-15-136
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...
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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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12-15-127
Section 12-15-127 Release, delivery to detention or shelter care facility, medical facility
of children taken into custody generally. (a) A person taking a child into custody without
an order of the juvenile court shall, with all possible speed, and in accordance with this
chapter and the rules of court pursuant thereto: (1) Release the child to the parents, legal
guardian, or legal custodian of the child or other suitable person able to provide supervision
and care for the child and issue verbal counsel and warning as may be appropriate. (2) Release
the child to the parents, legal guardian, or legal custodian of the child upon his or her
promise to bring the child before the juvenile court when requested, unless the placement
of the child in detention or shelter care appears required. If a parent, legal guardian, or
other legal custodian fails, when requested, to bring the child before the juvenile court
as provided in this section, the juvenile court may issue an order directing that...
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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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12-15-132
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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12-21-131
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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12-15-120
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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12-15-117
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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