Title 12 — Title 12

Arrested, and Tried as Adult; Removal of Person from Jurisdiction of Juvenile Court. (a) Notwithstanding any other provision of law, any person who has attained the age of 16 years at the time of the conduct charged and who is charged with the commission of any act or conduct, wh…

If delinquency or in need of supervision is alleged, proceedings shall be commenced in the county where the acts constituting the allegation occurred. History: (Acts 1975, No. 1205, p. 2384, §5-111; §12-15-35; amended and renumbered by Act 2008-277, p. 441, §12.)

Between Juvenile Courts Within the State. If a child resides in a county of the state and the delinquency or child in need of supervision proceeding is commenced in a juvenile court of another county, the juvenile court in the county in which the proceeding was commenced, on its …

Continuation of Detention or Shelter Care of a Child; Violation of Probation and Aftercare. (a) When a child is not released from detention or shelter care as provided in Section 12-15-127, a petition shall be filed and a hearing held within 72 hours of placement in detention or …

(a) Persons who shall not be detained or confined in secure custody include all of the following: (1) A status offender, except as further provided in this subdivision and subsection (b). a. Short-term secure custody of an accused status offender may be necessary, such as detenti…

(a) No person under the age of 18 years, including one who has been transferred for criminal prosecution pursuant to Section 12-15-203 or charged pursuant to Section 12-15-204, shall be detained or confined in any facility under the control of the Department of Corrections unless…

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 th…

Juvenile Court. (a) In delinquency and child in need of supervision cases, a child and his or her parent, legal guardian, or legal custodian shall be advised by the juvenile court or its representative at intake that the child has the right to be represented at all stages of the …

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 l…

(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 ch…

Supervision to Be Accorded Privilege Against Self-Incrimination; Admissibility in Evidence of Extrajudicial Statements of Children and Evidence Illegally Seized or Obtained; Double Jeopardy. (a) A child charged with a delinquent act or who is alleged to be in need of supervision …

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 c…

(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, the court may proceed immediately to hear…

The Legislature reaffirms its belief that juvenile court records, in general, should be confidential. However, it is the intent of the Legislature by Act 99-433, 1999 Regular Session, to provide for limited exceptions to juvenile court record confidentiality to promote more effec…

October 1, 2026.] AMENDED BY ACT 2026-305, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) Notwithstanding subsection (a) of Section 12-15-133, written notice that a child enrolled in a school, kindergarten to grade 12, has been found delinquent of an act which if co…

Child in Complying with Terms of Probation; Penalties; Exemptions. (a) In all cases where a child has been granted probation, the juvenile court, as a condition of granting probation to the child, may order the parent, legal guardian, or legal custodian of the child, if he or she…

Review Panel; Facility and Programs. (a) The juvenile court may find a child to be a serious juvenile offender if: (1) The child is adjudicated delinquent and the delinquent act or acts charged in the petition would constitute any of the following if committed by an adult: a. A C…

Disabilities, Etc.; Disposition of Child and Evidence in Hearing Not Admissible in Another Court. (a) An order of disposition or other adjudication in a proceeding pursuant to subsection (a) of Section 12-15-114 shall not be considered to be a conviction or impose any civil disab…

Probation Generally. (a) An order awarding legal custody or an order of probation made by the juvenile court in the case of a child may be modified, revoked, or extended on motion by: (1) A child, whose legal custody has been transferred to a department, institution, agency, or p…

For purposes of this article, the following words and phrases shall have the following meanings: (1) ABANDONMENT. A voluntary and intentional relinquishment of the custody of a child by a parent, or a withholding from the child, without good cause or excuse, by the parent, of his…

(a) Dependency proceedings shall be commenced in the county where the child resides, in the county where the child is present when the proceedings are commenced, or in the county where the acts that are the basis of the dependency petition occurred. (b) Regardless of the county w…

the State. (a) If a dependency proceeding is commenced in a county other than the county of the residence of the child, the juvenile court in which the proceedings were commenced, on its own motion or a motion of a party and after consultation with the receiving juvenile court, m…

(a) In all dependency and termination of parental rights proceedings, the juvenile court shall appoint a guardian ad litem for a child who is a party to the proceedings and whose primary responsibility shall be to protect the best interests of the child. (b) The duties of the gua…

Guardians, or Legal Custodians in Dependency Proceedings. (a) Upon request and a finding of indigency, the juvenile court may appoint an attorney to represent the petitioner and may order recoupment of the fees of the attorney to be paid to the State of Alabama. (b) In dependency…

Legal Custodian. (a) A child may be removed by a law enforcement officer from the custody of a parent, legal guardian, or legal custodian if there are reasonable grounds to believe any of the following: (1) The child is suffering from an illness or injury or is in imminent danger…

Parents, or Foster Parents. Relative caregivers, preadoptive parents, and foster parents of a child in foster care under the responsibility of the state shall be given notice, verbally or in writing, of the date, time, and place of any juvenile court proceeding being held with re…

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, Su…

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…

(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…

(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 disposi…

Reasonable Efforts Are Not Required to Be Made. (a) When the juvenile court enters an order removing a child from his or her home and places the child into foster care or custody of the Department of Human Resources pursuant to this chapter, the order shall contain specific findi…

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 …

(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 li…

(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 o…

Protective Supervision Generally. An order awarding legal custody or an order of protective supervision made by the juvenile court in the case of a child may be modified, terminated, or extended on motion by any of the following: (1) A child, whose legal custody has been transfer…

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 Reso…

(a) Except as otherwise provided by the Alabama Rules of Juvenile Procedure and this section, service of process of termination of parental rights actions shall be made in accordance with the Alabama Rules of Civil Procedure. (b) If service of process has not been completed withi…

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…

(a) Termination of parental rights cases shall be given priority over other cases. The trial on the petition for termination of parental rights shall be completed within 90 days after service of process has been perfected. The trial court judge shall enter a final order within 30…

Another After Parental Rights Terminated. Where the juvenile court has terminated the parental rights and has placed legal custody of the child with the Department of Human Resources or with a public or private licensed child-placing agency, the juvenile court, at least annually,…

Adoption. Upon the termination of parental rights by the juvenile court and placement of permanent custody of a child with any agency or department, the agency or department may place the child for adoption or consent to the adoption of the child. History: (Acts 1984, No. 84-261,…

Appeals relating to dependency and termination of parental rights cases shall take priority over other cases filed on appeal except for emergency matters, including appeals from denial of waiver of parental consent for abortion. History: (Act 2008-277, p. 441, §20.)

The provisions of Sections 12-15-317 and 12-15-319 as amended by Act 98-370, regarding termination of parental rights petitions required to be filed by the Department of Human Resources shall apply to all children coming into foster care after April 22, 1998. In the case of child…

For purposes of this article, the following words and phrases shall have the following meanings: (1) COMMIT. Transfer legal and physical custody. (2) DEPARTMENT. The Department of Mental Health. History: (Act 2008-277, p. 441, §21.)

(a) The state, any county, any municipality, or any governmental department or agency, including, but not limited to, the Department of Human Resources or the Department of Youth Services, or any person, including a parent, legal guardian, or legal custodian, may file a petition …

(a) When at the time a petition is filed, a juvenile court shall immediately review the petition and may require the petitioner to be sworn and answer under oath questions in regard to the petition and the minor or child sought to be committed. (b) If it appears from the face of …

Service of the petition upon the minor or child sought to be committed and upon his or her parent, legal guardian, or legal custodian shall be as provided in this chapter for service on minors and children generally or as otherwise provided by rules of court promulgated by the Su…

(a) When any minor or child against whom a petition has been filed seeking to commit the minor or child to the custody of the department is initially brought before the juvenile court, the juvenile court shall provide a copy of the petition and if requested, read the petition to …

(a) At the time that a minor or child sought to be committed is first brought before the juvenile court, the juvenile court shall determine the placement of the minor or child pending further hearings. No limitations shall be placed upon the minor or child unless limitations shal…

Child. (a) If the juvenile court finds it necessary to temporarily confine or restrain the minor or child, pending final hearing upon a petition for mental commitment of the minor or child in the custody of any person, department, or agency other than his or her parent, legal gua…