Alabama Juvenile Justice Act of 2008 Annotated Guide, Alabama, Administrative Office of Courts

105 Pages·2008·0.6 MB·English

Alabama Juvenile Justice Act of 2008
H.B. 28/29 – S.B. 33/34
Annotated Guide
Significant changes in redlined text
with explanatory endnotes

January 31, 2008

Administrative Office of Courts
300 Dexter Avenue
Montgomery, AL 36104-3741
334.954.5000
ALABAMA JUVENILE CODE REVISION
H.B. 28, H.B. 29, S.B. 33, S.B. 34
2008 Legislative Session

In 1975, the Legislature enacted the Alabama Juvenile Justice Act (AJJA), which
was codified as Section 12-15-1, et seq., Ala. Code 1975.

Since that time, bills have been introduced to modify portions of this Act, but
until 2003, no attempt had been made to comprehensively address all of the issues
necessary to rewrite a juvenile justice bill.

At the conclusion of the 2003 Regular Session, a group of juvenile and family
court officials concluded that the entire statutory scheme relating to juvenile court
proceedings needed to be reviewed, reorganized and in part, rewritten. Accordingly,
then-Chief Justice Drayton Nabers, Jr. constituted a Juvenile Code Revision Committee
in 2004. That committee was composed of thirteen judges, including then-Judge Sue
Bell Cobb of the Alabama Court of Criminal Appeals, Judge William Thompson of the
Alabama Court of Civil Appeals, and eleven juvenile and family court judges.

The Juvenile Code Revision Committee identified a number of goals: (1) to
clarify and make consistent the language used throughout statutory provisions dealing
with juveniles; (2) to reorganize in a more orderly and logical fashion the provisions of
Alabama law relating to juveniles; (3) to remove statutory provisions that were outdated
or contrary to current case law or the Alabama Rules of Juvenile Procedure; and (4) to
bring the Alabama Code into compliance with federal law, particularly the provisions for
which compliance is tied to eligibility for federal funding. In a series of ten meetings
conducted between August 2004 and November 2005, the Committee drafted a
comprehensive revision of the state’s laws regarding juvenile court proceedings.

In July 2005, a draft version of this juvenile code revision was distributed to the
juvenile and family court judges for their review and comment prior to the annual
conference of the state’s Circuit and District Court Judges. The draft was also distributed
to the principal child-serving agencies, including the Department of Youth Services
(DYS), the Department of Human Resources (DHR), the Department of Mental
Health/Mental Retardation (DMH/MR), each of whom submitted written comments and
met with the judges’ committee to discuss the bill. The draft was circulated to the state’s
juvenile probation officers over the state judicial system’s website and during a training
program in September 2005. In late 2005, the draft revision was also distributed to the
Multiple Needs Child Office, the Department of Rehabilitation Services, the Department
of Public Health, the Department of Child Abuse and Neglect Prevention, the Department
of Children’s Affairs, the Alabama Youth Justice Coalition, and Alabama Family Ties.
The bill was amended in response to suggestions and concerns voiced by these groups.

When the Juvenile Code Revision Bill was introduced in the 2006 legislative
session, multiple stakeholders raised concerns with the legislation. To address these
concerns, the Chairman of the House Judiciary Committee recommended that a
committee of stakeholders meet to review the bill and resolve points of contention. All
interested parties – including agencies, judges, counties, legislators, officers of the court,
and advocates – were invited to serve on that committee.

Beginning in June 2006, the committee composed of representatives of these
groups met several times, both as a single body and in five subcommittees: Mental
Health, Dependency, DYS, CHINS, and Multi-Needs. The committee then agreed on a
number of changes, and also determined that the bill should be restructured to conform to
the organizational structure of the current juvenile code.

In the 2007 Regular Legislative Session, a revised bill was introduced combining
the work of both committees, which jointly met on January 4, 2007 with Chief Justice-
elect Sue Bell Cobb, to review and approve the bill. That bill came out of committee,
but, like most of the bills introduced during that session, did not reach a vote in either
House.

During 2007, a concerted effort was made to again review the bill with all of these
interested groups and entities, along with the Alabama Law Institute. During this period
the bill’s provisions were again revisited and revised to meet the concerns of the different
groups and interests.

As with any bill that affects so many state agencies, interest groups and
individuals, compromises were necessary and accommodations for varying points of
view on many of the issues addressed in the bill have been made. No one agency or
entity has shaped the bill in accordance with their interests or preferences. However, the
negotiations and amendments of the bill’s language made in the course of arriving at the
final 2008 version of the bill have resulted in a true consensus bill that reasonably
accommodates all of the varying interests in a manner that all of the agencies and
interested parties have been able to accept and embrace.
Annotated Guide to the Alabama Juvenile Justice Act of 2008

This annotated Guide to the Alabama Juvenile Justice Act of 2008 (“the bill”) is
intended to aid legislators and others in locating the more significant changes in Alabama
juvenile law made in the bill. The text of the bill contained in the Guide is identical to
the “plain” version of the bill (H.B.29/S.B. 33). However, the portions of the bill’s text
that would make a significant change in existing juvenile law are highlighted in red ink
and are briefly explained in a set of appended endnotes.

This Guide does not comprehensively list every change that would be made by
the bill. Readers who are interested in an all-inclusive compilation of such changes may
refer to the traditional “underline-overstrike” version of the bill (H.B. 28/S.B. 34), which
is the complete and definitive guide to every addition to, change in or deletion from the
text of existing Alabama statutory law.

However, after the “underline-overstrike” version of the bill (H.B. 28/S.B. 34)
was completed, the Administrative Office of Courts legal staff that was principally
charged with drafting the bill recognized that only small portions of the underlined and
overstruck language in H.B. 28/S.B. 34 represented true or significant changes in the law;
and that locating these more significant changes could be difficult.1

In an attempt to help identify and explain these significant additions to, changes
in, and deletions from existing statutory law, this Guide was prepared.

This Guide is offered with an important caveat: despite the very careful thought
and consideration invested in deciding which changes were “significant,” the word
“significant” is obviously a subjective one, i.e., what may be significant to one person or
group may not be significant to others. Although the Guide identifies those portions of
the bill that the AOC’s legal staff believes to be the more significant changes in existing
law, if the reader wishes to identify and review every change in the text of existing law,
the “underline-overstrike” version of the bill must be consulted.

1 For examples, while in most bills underlined text signifies new law, many
portions of underlined text in H.B. 28/S.B. 34 are not new law, but are simply
reorganizational changes in which the text of a code section has been moved or copied
from one place to another; others are similarly not new law, but a codification of existing
law as established by an Alabama appellate court opinion, a court rule, or an Attorney
General or other administrative opinion. Many other underlined or overstruck provisions
are insubstantial in their scope or anticipated impact and thus, without great significance
to most of the persons expected to be affected by the bill. Last, the bill also includes
language changes made for purposes of uniformity and consistency, grammatical
corrections and other clarifications of the text of existing statutory juvenile law, all made
without the intent or effect of changing existing law. All of these instances add many
lines of underlined or overstruck text within H.B. 28/S.B. 34 that do not truly denote
meaningful change, but do increase the difficulty in identifying from the “underline-
overstrike” version what is being significantly changed in juvenile law by the bill.
Table of Contents

Article/Section Title

ARTICLE I.
GENERAL
PROVISIONS.

§ 12-15-101……………... Purpose of the Alabama Juvenile Justice Act; short title; goals
for the juvenile court.
§ 12-15-102……………... Definitions.
§ 12-15-103……………... Juvenile court judges may be circuit or district court judges;
maintenance of separate docketing and case filing system;
promulgation of rules of procedure for juvenile courts; powers of
judges of juvenile courts as to issuance of writs and processes
and as to equity generally.
§ 12-15-104……………... Advisory boards.
§ 12-15-105……………... Exercise of authority by district attorneys in juvenile court
proceedings generally; assistance by district attorneys in the
juvenile courts.
§ 12-15-106……………... Juvenile court referees' qualifications and appointment; conduct
of hearings of cases by juvenile court referees; transmission of
findings and recommendations for disposition of juvenile court
referees to juvenile court judges; provision of notice and written
copies of findings and recommendations of juvenile court
referees to parties; rehearing of cases by juvenile court judges;
when findings and recommendations of juvenile court referees
become decree of the juvenile court.
§ 12-15-107……………... Juvenile probation officers: Duties of juvenile probation officers
generally; powers of juvenile probation officers as to taking into
custody and placing in shelter or detention care of children on
probation or aftercare
§ 12-15-108……………... Liability of counties for expenses of maintenance and care of
children under the jurisdiction of the juvenile court pursuant to
this chapter; reimbursement.
§ 12-15-109……………... Issuance of orders to parents for payment of court costs, fees of
attorneys, and expenses for support, treatment of children under
the jurisdiction of the juvenile court pursuant to this chapter;
manner of payment; proceedings upon failure of parents to pay
amounts directed.
§ 12-15-110……………... Punishment for contempt of court of persons disobeying orders
of the juvenile court generally.
§ 12-15-111……………... Contributing to the delinquency, dependency or need of
supervision of children.
§ 12-15-112……………... Interference with performance of duties by juvenile probation
officers.
§ 12-15-113……………... Jurisdiction to make a parent or parents, legal guardians, or legal
custodians parties to juvenile court proceedings.
§ 12-15-114……………... Original jurisdiction- Juvenile.
§ 12-15-115……………... Original Jurisdiction – Civil.
§ 12-15-116……………... Original jurisdiction – Criminal.
§ 12-15-117……………... Retention and termination of jurisdiction generally.
§ 12-15-118……………... Duties of juvenile court intake officers.
§ 12-15-119……………... Informal adjustment of certain cases prior to filing of juvenile
petition.
§ 12-15-120……………... Cases initiated by filing of petitions by juvenile court intake
officers.
§ 12-15-121……………... Form, contents, and execution of juvenile petitions.
§ 12-15-122……………... Issuance and service of summonses generally; waiver of service
of summonses.
§ 12-15-123……………... Manner of service of summons.
§ 12-15-124……………... Authority of juvenile court to make interlocutory or final
dispositional orders in cases where parties served by publication.
§ 12-15-125……………... Taking into custody of children and minors generally.
§ 12-15-126……………... Issuance of pick-up orders for taking into custody.
§ 12-15-127……………... Release, delivery to detention or shelter care facility, medical
facility of children taken into custody generally.
§ 12-15-128……………... Authority and criteria for continuation of detention or shelter
care of children taken into custody beyond 72 hours.
§ 12-15-129……………... Conduct of hearings generally.
§ 12-15-130……………... Ordering, conduct, and certification of findings of mental and
physical examinations of children; proceedings as to minors or
children believed to be mentally ill or retarded generally;
ordering of treatment or care for children found in need of
medical treatment, dental care and payment therefor; granting by
juvenile court of authority to order emergency medical care for
children.
§ 12-15-131……………... Issuance of orders restraining conduct of parties to proceedings.
§ 12-15-132……………... Proceedings against children violating terms of probation or
aftercare; disposition of these children.
§ 12-15-133……………... Filing and inspection of records, reports, and information
acquired or generated in juvenile courts.
§ 12-15-134……………... Maintenance and inspection of law enforcement records.
§ 12-15-135……………... Taking and disposition of fingerprints, photographs, blood
samples.
§ 12-15-136……………... Proceedings for sealing legal and social files and records of
courts pertaining to certain persons.
§ 12-15-137……………... Proceedings for destruction of legal and social files and records
of juvenile courts pertaining to certain persons.
§ 12-15-138……………... Power of juvenile courts to enter protection or restraint order;
when order may be entered; purpose of order.
§ 12-15-139……………... Requisites for order; notice and hearing; evidentiary standard;
showing of necessity to protect health or safety of child subject
to a juvenile court proceeding; best interests of the child.
§ 12-15-140……………... Content of order; order may set forth reasonable conditions of
behavior for parents, persons responsible for care; enumeration
of certain specific requirements which may be included in order.
§ 12-15-141……………... Emergency ex parte orders authorized upon showing of verified
evidence of abuse or neglect; evidence required; hearing
required within 72 hours of issuance of order.
§ 12-15-142……………... Modification, extension, or termination of order after notice and
hearing for person subject thereto; findings required concerning
best interests of the child subject to a juvenile court proceeding.
§ 12-15-143……………... Violations of orders punished as contempt; willful conduct
rendering violator responsible for court costs and attorney fees.
§ 12-15-144……………... Construction of sections; sections to be read in pari materia with
certain other laws.

ARTICLE 2.
DELINQUENCY AND
CHILDREN IN NEED
OF SUPERVISION.

§ 12-15-201……………... Definitions.
§ 12-15-202……………... Rights of the child.
§ 12-15-203……………... Transfer of cases from juvenile court.
§ 12-15-204……………... Acts for which person who has attained age 16 shall be charged,
arrested, and tried as adult; removal of person from jurisdiction
of juvenile court.
§ 12-15-205……………... Venue generally.
§ 12-15-206……………... Transfer of delinquent and child in need of supervision
proceedings between juvenile courts within the state.
§ 12-15-207……………... Filing of petition and conduct of hearing as to necessity for
continuation of detention or shelter care of a child; violations of
probation and aftercare.
§ 12-15-208……………... Facilities to be used for detention or shelter care of children
generally; limitations on detention and confinement of children
in secure custody; when child may be detained in jail or other
facility for detention of adults; notification of juvenile court,
when child received at facility for detention of adult offenders or
persons charged with crimes; development of statewide system;
Department of Youth Services to subsidize detention in regional
facilities, may contract for detention; transfer of child to
detention facility, when case transferred from juvenile court for
criminal prosecution.
§ 12-15-209……………... Children to be released when full-time detention or shelter care
not required; conditions imposed upon release; amendment of
conditions or return of child to custody upon failure to conform
to conditions imposed.
§ 12-15-210……………... Notification to children of right to counsel; appointment of
counsel by juvenile court.
§ 12-15-211……………... Suspension of proceedings and continuation of cases under terms
and conditions agreed to by parties.
§ 12-15-212……………... Conduct of delinquency and child in need of supervision
hearings.
§ 12-15-213……………... Children charged with delinquent acts or alleged to be in need of
supervision to be accorded certain constitutional rights and
privileges; admissibility in evidence of extrajudicial statements
of children and evidence illegally seized or obtained; double
jeopardy.
§ 12-15-214……………... Ordering and preparation of study and written report concerning
child.
§ 12-15-215……………... Disposition of delinquent children or children in need of
supervision generally.
§ 12-15-216……………... Legislative intent.
§ 12-15-217……………... Notice of delinquent acts.
§ 12-15-218……………... Order requiring parent, legal guardian, or legal custodian to
assist child in complying with terms of probation; penalties;
exemptions.
§ 12-15-219……………... Serious juvenile offenders; disposition; serious juvenile offender
review panel; facility and programs.
§ 12-15-220……………... Orders of disposition not to be deemed convictions, impose civil
disabilities; disposition of child and evidence in hearing not
admissible in another court.
§ 12-15-221……………... Modification, extension, or termination of orders of custody or
probation generally.

ARTICLE 3.
DEPENDENCY AND
TERMINATION OF
PARENTAL RIGHTS.

§ 12-15-301……………... Definitions.
§ 12-15-302……………... Venue generally.
§ 12-15-303……………... Transfer of dependency proceedings between juvenile courts
within the state.
§ 12-15-304……………... Appointment by juvenile courts of guardians ad litem.
§ 12-15-305……………... Right to counsel for petitioners or respondent parents, legal
guardians, or legal custodians in dependency and termination of
parental rights proceedings.
§ 12-15-306……………... Removing a child from the custody of a parent, legal guardian,
or legal custodian.
§ 12-15-307……………... Notice and right to be heard to be given to relatives, preadoptive
parents, or foster parents of a child in foster care.
§ 12-15-308……………... Filing of petition and conduct of 72- hour hearing as to necessity
for continuation of shelter care of a child.
§ 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.
§ 12-15-310……………... Conduct of adjudicatory hearings.
§ 12-15-311……………... Dispositional hearings.
§ 12-15-312……………... Judicial determinations of “contrary to the welfare of the child”
and “reasonable efforts to preserve and reunify families prior to
the placement”; situations in which “reasonable efforts” are not
required.
§ 12-15-313……………... Ordering and preparation of report concerning a child and
family.
§ 12-15-314……………... Dispositions for dependent children.
§ 12-15-315……………... Permanency hearing for Department of Human Resources cases
only.
§ 12-15-316……………... Modification, extension, or termination of orders of custody or
protective supervision generally.
§ 12-15-317……………... Who may file termination of parental rights petition.
§ 12-15-318……………... Service of process.
§ 12-15-319……………... Grounds for termination of parental rights; factors considered;
presumption arising from abandonment.
§ 12-15-320……………... Dispositions.
§ 12-15-321……………... Periodic review of efforts to achieve permanency for the child in
custody of another after parental rights terminated.
§ 12-15-322……………... Authority of agency or department to place child for adoption or
consent to adoption.
§ 12-15-323……………... Appeals of dependency and termination of parental rights cases.

ARTICLE 4.
INVOLUNTARY
COMMITMENT OF
CHILDREN.

§ 12-15-401……………... Definitions.
§ 12-15-402……………... Petition for mental commitment of minor or child to the
Department of Mental Health and Mental Retardation; venue of
proceedings.
§ 12-15-403……………... Review of the petition by the juvenile court.
§ 12-15-404……………... Service of the petition.
§ 12-15-405……………... Notice of hearing; appointment of counsel for the minor or child.
§ 12-15-406……………... Determination of placement of the minor or child.
§ 12-15-407……………... Probable cause hearings for temporary confinement of the minor
or child.
§ 12-15-408……………... Conducting hearings to commit the minor or child.
§ 12-15-409……………... Role of attorneys as advocates.
§ 12-15-410……………... Evidence in commitment proceedings for mentally retarded
minors and children.
§ 12-15-411……………... Discharge of the minor or child from custody of the department.
§ 12-15-412……………... Retention of jurisdiction.
§ 12-15-413……………... Combining probable cause and final hearings.

ARTICLE 5.
MULTIPLE NEEDS
CHILD PROVISIONS.

§ 12-15-501……………... Definitions.
§ 12-15-502……………... Referral of multiple needs child case to county team.
§ 12-15-503……………... Recommendation by county team; decision by juvenile court of
multiple needs child.
§ 12-15-504……………... Creation of executive council of the state team; membership;
duties.
§ 12-15-505……………... State team established; membership; term; duties; hiring
authority.
§ 12-15-506……………... County teams established; appointments; meetings; duties.
§ 12-15-507……………... Reimbursement available for team member expenses.
§ 12-15-508……………... State Multiple Needs Children Fund established; use;
limitations; accounting system to be maintained; provisions for
yearly audit.