This chapter shall be known as the Alabama Juvenile Justice Act. The purpose of this chapter is to facilitate the care, protection, and discipline of children who come within the jurisdiction of the juvenile court, while acknowledging the responsibility of the juvenile court to preserve the public peace and security.

In furtherance of this purpose, the following goals have been established for the juvenile court:

(1) To preserve and strengthen the child's family whenever possible, including improvement of home environment.

(2) To remove the child from the custody of his or her parents only when it is judicially determined to be in his or her best interest or for the safety and protection of the public.

(3) To reunite a child with his or her parents as quickly and as safely as possible when the child has been removed from the custody of his or her parents.

(4) To secure for any child removed from parental custody the necessary treatment, care, guidance, and discipline to assist him or her in becoming a responsible productive member of society.

(5) To promote a continuum of services for children and their families from prevention to aftercare, considering wherever possible, prevention, diversion, and early intervention.

(6) To promote the use of community based alternatives as deterrents to acts of juvenile delinquency and as least restrictive dispositional alternatives.

(7) To hold a child found to be delinquent accountable for his or her actions to the extent of the child's age, education, mental and physical condition, background, and all other relevant factors and to provide a program of supervision, care, and rehabilitation, including restitution by the child to the victim of his or her delinquent acts.

(8) To achieve the foregoing goals in the least restrictive setting necessary, with a preference at all times for the preservation of the family and the integration of parental accountability and participation in treatment and counseling programs.

Judicial procedures through which these goals are accomplished will assure the parties a fair hearing where their constitutional and other statutory rights are recognized and enforced.

This chapter shall be liberally construed to the end that each child coming within the jurisdiction of the juvenile court shall receive the care, guidance, and control, preferably in his or her own home, necessary for the welfare of the child and the best interest of the state.

When used in this chapter, the following words and phrases shall have the following meanings:

(1) ADULT. An individual 19 years of age or older.

(2) AFTERCARE. Conditions and supervision as the court orders after release of legal custody.

(3) CHILD. An individual under the age of 18, or under 19 years of age and before the juvenile court for a matter arising before that individual's 18th birthday.

(4) CHILD IN NEED OF SUPERVISION. A child who does any of the following:

a. Being subject to compulsory school attendance, is habitually truant from school.

b. Disobeys the reasonable and lawful demands of the child's parents, guardian, or other custodian and is beyond their control.

c. Has committed an offense established by law but not classified as criminal or one applicable only to children.

d. In any of the foregoing, is in need of care or rehabilitation.

(5) COMMIT. Transfer legal and physical custody.

(6) CONSENT DECREE. An order, entered after the filing of a delinquency petition and before the entry of an adjudication order, suspending the proceedings and continuing the case of the child under supervision in the child's own home, under terms and conditions agreed to by all parties concerned.

(7) COURT or JUVENILE COURT. The juvenile division of the district court or the juvenile division of the circuit court as established by this chapter.

(8) DELINQUENT ACT. An act committed by a child that is designated a violation, misdemeanor, or felony offense under the law of this state or of another state if the act occurred in another state or under federal law or a violation of a municipal ordinance except violations of municipal curfew ordinances. The term shall not include traffic offenses committed by one 16 years of age or older, other than those charged pursuant to Section 32-5A-191 or a municipal ordinance prohibiting the same conduct. Additionally, the term shall not include any criminal act, offense, or violation committed by a child who has previously been transferred for criminal prosecution pursuant to Section 12-15-34 and convicted or adjudicated a youthful offender on the criminal charge.

(9) DELINQUENT CHILD. A child who has committed a delinquent act and is in need of care or rehabilitation.

(10) DEPENDENT CHILD. A child:

a. Who, for any reason is destitute, homeless, or dependent on the public for support; or

b. Who is without a parent or guardian able to provide for the child's support, training, or education; or

c. Whose custody is the subject of controversy; or

d. Whose home, by reason of neglect, cruelty, or depravity on the part of the parent, parents, guardian, or other person in whose care the child may be, is an unfit and improper place for the child; or

e. Whose parent, parents, guardian, or other custodian neglects or refuses, when able to do so or when such service is offered without charge, to provide or allow medical, surgical, or other care necessary for the child's health or well-being; or

f. Who is in a condition or surroundings or is under improper or insufficient guardianship or control as to endanger the morals, health, or general welfare of the child; or

g. Who has no proper parental care or guardianship; or

h. Whose parent, parents, guardian, or custodian fails, refuses, or neglects to send the child to school in accordance with the terms of the compulsory school attendance laws of this state; or

i. Who has been abandoned by the child's parents, guardian, or other custodian; or

j. Who is physically, mentally, or emotionally abused by the child's parents, guardian, or other custodian or who is without proper parental care and control necessary for the child's well-being because of the faults or habits of the child's parents, guardian, or other custodian or their neglect or refusal, when able to do so, to provide them; or

k. Whose parents, guardian, or other custodian are unable to discharge their responsibilities to and for the child; or

1. Who has been placed for care or adoption in violation of the law; or

m. Who for any other cause is in need of the care and protection of the state; and

n. In any of the foregoing, is in need of care or supervision.

(11) DETENTION CARE. The temporary care of delinquent children or children alleged to be delinquent in secure custody pending court disposition or transfer to a residential facility or further care of a child adjudicated a delinquent.

(12) GUARDIAN AD LITEM. A licensed attorney appointed by a court to defend or represent a child in any action to which the child may be a party.

(13) INTAKE OFFICE. The office in the probation service or designee of the judge with the duty of primary contact with the law enforcement agency and complainants of children coming under the jurisdiction of the court.

(14) JUDGE. Judge of the juvenile court as prescribed by this chapter.

(15) LAW ENFORCEMENT OFFICER. Any person, however denominated, who is authorized by law to exercise the police powers of the state or local governments.

(16) LEGAL CUSTODIAN. A person, agency, or department, other than a parent or legal guardian, to whom legal custody of the child has been given by court order or who is acting in loco parentis.

(17) LEGAL CUSTODY. A legal status created by court order which vests in a custodian the right to have physical custody of the child and to determine where and with whom the child shall live within the state and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, clothing, education, and ordinary medical care, all subject to the powers, rights, duties, and responsibilities of the guardian of the person of the child and subject to any residual parental rights and responsibilities. An individual granted legal custody shall exercise the rights and responsibilities personally unless otherwise authorized by the juvenile court.

(18) MINOR. An individual who is under the age of 19 years and who is not a "child" within the meaning of this chapter.

(19) MULTIPLE NEEDS CHILD. A child coming to the attention of the court or one of the entities listed herein who is at imminent risk of out-of-home placement or a placement in a more restrictive environment, as a result of the conditions of emotional disturbance, behavior disorder, mental retardation, mental illness, dependency, chemical dependency, educational deficit, lack of supervision, delinquency, or physical illness or disability, or any combination thereof, and whose needs require the services of two or more of the following entities: Department of Youth Services, public school system (services for exceptional needs), Department of Human Resources, Department of Public Health, juvenile court probation services, or Department of Mental Health and Mental Retardation.

(20) PROBATION. The legal status created by court order following an adjudication of delinquency or in need of supervision whereby a child is permitted to remain in a community subject to supervision and return to court for violation of probation at any time during the period of probation.

(21) PROBATION SERVICES. The performance of any of the following:

a. The making of investigations, reports, and recommendations to the court as directed by law.

b. The receiving and examining of complaints and charges of delinquency for the purpose of considering the commencement of proceedings under law.

c. The supervision of a child placed on probation by order of the court.

d. The supervision of a child placed on aftercare by order of the court.

e. The making of appropriate referrals to other private or public agencies of the community, if their assistance appears to be needed or desirable.

f. The taking into custody and detaining of a youth who is under the supervision and care of the Department of Youth Services as a delinquent where there is reasonable cause to believe that the health or safety of the youth or that of another is in imminent danger, or that he or she may abscond or be moved from the jurisdiction of the court, or when ordered by the court pursuant to the Juvenile Code.

g. The performing of all other functions designated by the Juvenile Code or by order of the court pursuant thereto.

(22) PROTECTIVE SUPERVISION. A legal status created by court order following an adjudication of dependency whereby a child is permitted to remain in the child's home subject to supervision and to return to the court for violation of protective supervision at any time during the period of protective supervision.

(23) RESIDENTIAL FACILITY. A dwelling, other than a detention or shelter care facility, providing living accommodations, care, treatment, and maintenance for children, including institutions, foster family homes, group homes, half-way houses, and forestry camps, and, where not operated by a public agency, licensed, or approved to provide the care.

(24) RESIDUAL PARENTAL RIGHTS AND RESPONSIBILITIES. Those rights and responsibilities remaining with the parent after the transfer of legal custody or guardianship of the person, including, but not necessarily limited to, the right of visitation, the right to consent to adoption, the right to determine religious affiliation, and the responsibility for support.

(25) SHELTER CARE. The temporary care of children in group homes, foster care, or other nonpenal facilities.

Provisions in Section 12-15-10, making attorney fees valid charges and preferred claims against the county and directing that such fees be paid by the county treasurer, are hereby specifically repealed.

All expenses necessary or appropriate to the carrying out of the purposes and intent of this chapter and all expenses of maintenance and care of children that may be incurred by order of the court in carrying out the provisions and intent of this chapter, except costs paid by parents, guardians or trustees, court costs as provided by law and attorney fees shall be valid charges and preferred claims against the county and shall be paid by the county treasurer when itemized and sworn to by the creditor or other persons knowing the facts in the case and approved by the court.

(a) Social, medical, and psychiatric or psychological records, including reports of preliminary inquiries and predisposition studies, of delinquent, in need of supervision and dependent children, including supervision records of such children, shall be filed separate from other files and records of the court and shall be open to inspection and copying, only by the following:

(1) The judge and probation officers and professional staff assigned to serve the court.

(2) Representatives of a public or private agency or department providing supervision or having legal custody of the child.

(3) Any other person or agency that the juvenile court determines, after a hearing has a legitimate interest in the case or in the work of the court.

(4) The probation and other professional staff assigned to serve a criminal court, including the prosecutor and the attorney for the defendant, for use in considering the sentence to be imposed upon a convicted person, or one adjudicated a youthful offender, who, prior thereto, had been a party to the proceedings in court.

(5) The probation and other professional staff assigned to serve a criminal court when investigating or considering youthful offender applications.

(6) The parent of the child, except when parental rights have been terminated, or guardian and the counsel and the guardian ad litem of the child.

(7) The principal of the school in which the child is enrolled, or the representative of the principal, and other school officials as the principal deems necessary, upon written petition to the juvenile court setting forth the reasons why the safety or welfare, or both, of the school, its students, or personnel, necessitate production of the information and without which the safety and welfare of the school, its students, and personnel, would be threatened.

(b) All or any part of the records enumerated in subsection (a) or information secured from the records, when presented to and used by the judge in court or otherwise in a proceeding under this chapter, shall also be made available to the parties to the proceedings and their counsel and representatives.

(c) All other court records, including the docket, petitions, motions, and other papers filed with a case, transcripts of testimony, findings, verdicts, orders, and decrees shall be open to inspection by those persons and agencies designated in subsections (a) and (b).

(d) Petitions, motions, court notices, or dispositions shall be open to inspection by the victim or the victim's representatives.

(e) Whoever, except for the purposes permitted and in the manner provided by this section, discloses or makes use of or knowingly permits the use of information concerning a child before the court directly or indirectly derived from the records of the court or acquired in the course of official duties, upon conviction thereof, shall be guilty of a Class A misdemeanor within the jurisdiction of the juvenile court.

(a) The court shall, by rule, require all law enforcement agencies to take special precautions to insure that law enforcement records and files concerning a child will be maintained in a manner and under such safeguards that will protect against disclosure to any unauthorized person. Unless a charge of delinquency is transferred for criminal prosecution under Section 12-15-34 or the court otherwise orders in the interest of the child or of national security, the 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 the child currently before it in any proceeding.

(2) The officers of the Department of Human Resources, the Department of Youth Services, public and nongovernmental institutions or agencies to which the child is currently committed and those responsible for his or her supervision after release.

(3) Any other person, agency, or institution, upon written request, that the juvenile court determines to have a legitimate interest in the case or in the work of the law enforcement agency.

(4) Law enforcement officers of other jurisdictions when necessary for the discharge of their current official duties.

(5) The probation and other professional staff of a court in which the child is subsequently convicted of a criminal offense or adjudicated as a youthful offender for the purpose of a presentence report or other dispositional proceedings, officials of penal institutions and other penal facilities to which the child is committed or a parole board in considering his or her parole or discharge or in exercising supervision over him or her.

(6) The probation and other professional staff serving a criminal court when investigating or considering youthful offender applications.

(7) The parent, guardian or other custodian and counsel for the child.

(8) The principal of the school in which the child is enrolled, or the representative of the principal, and other school officials as the principal deems necessary, upon written petition to the juvenile court setting forth the reasons why the safety or welfare, or both, of the school, its students, or personnel, necessitate production of the information and without which the safety and welfare of the school, its students, and personnel, would be threatened.

(c) Law enforcement records may be viewed by victims during the investigation of a crime at the discretion of the investigating officer.

(d) All law enforcement agencies shall report to the Alabama Criminal Justice Information Center that a child has been charged with an act of delinquency along with any pertinent identifying information or historical data concerning that child, when:

(1) The child is taken into custody and charged with an act of delinquency for an act which would constitute a felony if committed by an adult, or

(2) The child is taken into custody and charged with an act of delinquency for an act which would constitute a misdemeanor, according to subdivision (2) of Section 41-9-622 if committed by an adult.

(e) Whoever, except as provided in subsections (a), (b), and (c), directly or indirectly discloses or makes use of or knowingly permits the use of information concerning a child described in those subsections, upon conviction thereof, shall be guilty of a Class A misdemeanor within the jurisdiction of the juvenile court.

(a) Fingerprints of a child who has been charged with an act of delinquency shall be taken by the agency taking the child into custody. The prints may be retained in a local file and a copy shall be filed with the Alabama Bureau of Investigation.

(b) If latent fingerprints are found during the investigation of an offense and a law enforcement officer has reason to believe that they are those of the child in custody, the officer may fingerprint the child regardless of age or offense for purpose of immediate comparison with the latent fingerprints. The prints may be retained in a local file and copies shall be sent to the Alabama Bureau of Investigation.

(c) The court shall, by rule, require special precautions be taken to insure that the fingerprints will be maintained in a manner and under safeguards as to limit their use to inspection for comparison purposes by law enforcement officers or by staff of the depository only in the investigation of a crime.

(d) A child who is charged with an act of delinquency shall be photographed for criminal identification purposes. A child in custody for any other reason shall not be photographed for criminal identification purposes without the consent of the court. The photographs shall be retained in a local file with the same safeguards in place as for fingerprints.

(e) Blood or other samples necessary for DNA testing may be taken for criminal identification purposes from a child who is charged with an act that would constitute a Class A or B felony if committed by an adult. The samples, if taken, shall be submitted for DNA testing and the DNA records shall be filed with the Alabama Department of Forensic Sciences. The court shall, by rule, require special precautions be taken to ensure that the DNA records will be maintained in a manner and under safeguards that will limit their use to inspection for identification purposes by law enforcement officers or by staff of the testing facility only in the investigation of a crime.

(f) Any person who willfully violates this section shall, upon conviction thereof, be guilty of a Class A misdemeanor within the jurisdiction of the juvenile court.

(a) On motion of the part of a person who has been the subject of a delinquency petition or on the court's own motion, the court shall vacate its order and findings and order the sealing of the legal and social files and records of the court, probation services and of any other agency in the case 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 court order not involving custody or supervision; and

(2) He has not been convicted of a felony or misdemeanor involving moral turpitude or adjudicated delinquent prior to the filing of the motion and no proceeding is pending seeking such conviction or adjudication.

(b) The motion and the order may include the files and records specified in Section 12-15-100.

(c) Reasonable notice of the motion shall be given to:

(1) The prosecutor;

(2) The authority granting the discharge if the final discharge was from an institution, parole or probation; and

(3) The law enforcement officers, department and central depository having custody of the files and records specified in Section 12-15-100 and included in the motion.

(d) Upon the entry of the order, the proceedings in the case shall be treated as if they never occurred and all index references shall be deleted and the court and law enforcement officers and departments shall reply and the person may reply to any inquiry that no record exists with respect to such person. Inspection of the files and records included in the order may thereafter be permitted by the court only upon motion by the person who is the subject of such records and only to those persons named in the motion; provided, however, that the court in its discretion may by special order in an individual case permit inspection by or release of information in the records to any clinic, hospital or agency which has the person under care.

(e) Any adjudication of delinquency or conviction of a felony or a crime involving moral turpitude subsequent to sealing shall have the effect of nullifying the sealing order.

(f) A person who has been the subject of a delinquency petition and has met the conditions stipulated in subdivision (2) of subsection (a) of this section may, five years after reaching the age of majority, file a motion requesting the destruction of all records pertaining to his case. If the court grants the motion, copies of the order shall be sent to all offices or agencies that are repositories of such records and all such offices and agencies shall comply with the order.

(g) Upon the entry of a sealing order or a destruction order, all references including arrest, complaint, referrals, petitions, reports and orders shall be removed from all agency, official and institutional files and sealed or destroyed as aforesaid and a finding of delinquency shall be deemed never to have occurred. No child who has been the subject of such a sealing or destruction order shall be deemed to have been arrested ab initio within the meaning of the general statutes with respect to proceedings so sealed or destroyed and, in response to any inquiry or on any application or in any proceeding, the person may state that he has never been arrested, taken into custody, committed or adjudicated a delinquent with regard to the proceedings so sealed or destroyed.

(h) A person who has been the subject of a delinquency petition shall be notified of his rights under subsections (a) and (f) of this section at the time of his final discharge.

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 effective communication among juvenile courts, law enforcement agencies, and schools to aid in the rehabilitation of juvenile criminal offenders as well as to lessen the potential for drugs use, violence, and other forms of delinquency.

(a) Notwithstanding subsections (a) and (c) of Section 12-15-100, written notice that a child enrolled in a school, kindergarten to grade 12, inclusive, has been found delinquent of an act which if committed by an adult would be a Class A or B felony or any other crime at the discretion of the judge shall be provided within seven days to the superintendent of the school district of attendance, or, if the child attends a private school, to the principal of the school. The court shall provide the notice using whatever method it deems appropriate or otherwise as decided by the Administrative Office of Courts. The prosecutor may recommend to the court that notice be given to the school for any delinquent act. Written notice shall include only the offenses, enumerated by the appropriate code section and brief description, found to have been committed by the child and the disposition of the child's case. Where applicable, this notice shall be expeditiously transmitted by the district superintendent to the principal at the school of attendance. The principal shall disseminate the information to those counselors directly supervising or reporting on the behavior or progress of the child. In addition, the principal may disseminate the information to any teacher, administrator, or other school employee directly supervising or reporting on the behavior or progress of the child whom the principal believes needs the information to work with the pupil in appropriate fashion or to protect other students and staff.

(b) Any information received by a teacher, counselor, administrator, or other school employee under this section shall be received in confidence for the limited purpose of rehabilitating the child and protecting students and staff, and shall not be further disseminated by the teacher, counselor, or administrator, except insofar as communication with the juvenile, his or her parents or guardians, law enforcement personnel, and the juvenile's probation officer is necessary to effectuate the juvenile's rehabilitation or to protect students and staff.

(c) An intentional violation of the confidentiality provisions of this section is a Class A misdemeanor within the jurisdiction of the juvenile court.

(a) In all cases where a child has been declared a delinquent child and granted probation, the court, as a condition of granting probation to the child, may order the parents or legal guardian of the child to assist the court in ensuring that the child complies with the terms of his or her probation.

(b) Prior to granting probation, the court shall explain to the parents and the child the terms of his or her probation, including the responsibility and the penalty which may be imposed on both parties for failure to comply with the terms of the probation.

(c) A parent who fails to assist his or her child in complying with the terms of the probation may be held in criminal contempt and may be fined in an amount not exceeding three hundred dollars ($300) and imprisonment not exceeding 30 days, or both.

(d) This section shall not apply to the legal custodian of a child, and parents, or legal guardian, who initiated a case by filing a petition alleging delinquency of the child.

If, after due notice to the parents or other persons legally obligated to care for and support the child and after a hearing, the court finds that they are financially able to pay all or part of the court costs, as provided by law, attorney fees and expenses with respect to examination, treatment, care or support of the child incurred in carrying out the provisions of this chapter, the court shall order them to pay the same and may prescribe the manner of payment. Unless otherwise ordered, payment shall be made to the clerk of the court for remittance to those to whom compensation is due. If the child shall have an estate in the hands of a guardian or trustee, such guardian or trustee may be required to pay in alike manner. If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against him for contempt or the order may be filed and shall constitute a civil judgment.

(a) Subject to the laws relating to the procedures therefor and the limitations thereon, the court may punish a person for contempt of court for disobeying an order of the court or for obstructing or interfering with the proceedings of the court or the enforcement of its orders.

(b) Notwithstanding the provisions of subsection (a) of this section, the court shall be limited in the actions it may take with respect to a child violating the terms and conditions of the order of protective supervision to those which the court could have taken at the time of the court's original disposition under subsection (a) of Section 12-15-71.

(a) An aggrieved party, including the state or any subdivision of the state, except in criminal cases, delinquency cases and in need of supervision cases, may appeal from a final order, judgment or decree of the juvenile court to the circuit court by filing written notice of appeal within 14 days after the entry of the order, judgment or decree. All appeals under this chapter shall take precedence over all other business of the court to which the appeal is taken.

(b) Upon appeal, the circuit court shall try the case de novo and shall proceed to render such judgment as is otherwise provided for by law in such cases.

(c) Upon the rendition of such judgment, the circuit court shall cause to be filed with the juvenile court a copy of its judgment which shall thereupon become the judgment of the juvenile court. If the circuit court does not dismiss the proceedings and discharge the child, it shall remand the child to the jurisdiction of the juvenile court for supervision and care under the terms of the judgment of the circuit court, and thereafter the child shall be and remain under the jurisdiction of the juvenile court in the same manner as if the juvenile court had rendered the judgment in the first instance.

(d) The appeal shall not stay the order, judgment or decree appealed from, but the circuit court may otherwise order, on application and hearing consistent with this chapter, if suitable provision is made for the care and custody of the child. If the order, judgment or decree appealed from grants the custody of the child to or withholds it from one or more of the parties to the appeal, it shall be heard at the earliest time practicable.

(e) When a case has been transferred to the circuit court docket in the first instance as provided in Section 12-15-3, an appeal shall lie therefrom in conformance with procedures promulgated by the Supreme Court.

(a) It shall be unlawful for any parent, guardian or other person to willfully aid, encourage or cause any child to become or remain delinquent, dependent or in need of supervision or by words, acts, threats, commands or persuasions, to induce or endeavor to induce, aid or encourage any child to do or perform any act or to follow any course of conduct which would cause or manifestly tend to cause such child to become or remain delinquent, dependent or in need of supervision or by the neglect of any lawful duty or in any other manner contribute to the delinquency, dependency or need of supervision of a child. The employment of any child in violation of any of the provisions of the child labor law, or permitting, conniving at, aiding or abetting such employment shall be held to be encouraging, causing and contributing to the delinquency, dependency or need of supervision of such child. Failure on the part of any parent, guardian or other person having custody of the child to cause such child to attend school as required by the compulsory attendance law shall be held to be encouraging, causing and contributing to the delinquency, dependency or need of supervision of such child.

(b) Whenever, in the course of any proceedings under this chapter or when, by affidavit as provided in this subsection, it shall appear to the juvenile court that a parent, guardian or other person having custody, control or supervision of a child or any other person not standing in any such relation to such child has aided, encouraged or caused such child to become delinquent, dependent or in need of supervision, as defined in this chapter, or has bywords, act or omission contributed thereto or has, by threats, commands or persuasion, induced or endeavored to induce, aided or encouraged such child to do or perform any act or to follow any course of conduct which would cause or manifestly tend to cause such child to become or remain delinquent, dependent or in need of supervision, the court shall, for the protection of such child from such influences, have jurisdiction in such matters, as provided in this section. The court shall cause such parent, guardian or other person to be brought before it upon either summons or a warrant, affidavit of probable cause having first been made.

(c) Whoever violates any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500.00 or sentenced to hard labor for the county for a period not to exceed 12 months or both.

(d) Upon conviction, the court shall have the power to suspend any sentence, remit any fine or place such person on probation under such orders, directives or conditions for his discipline and supervision as the court deems fit.

(a) The Alabama Children's Policy Council is hereby created and shall consist of the following members: Three appointees from business and industry made by the Governor; the Lieutenant Governor; the Speaker of the House of Representatives; two members of the Alabama Senate, one appointed by the Lieutenant Governor and one appointed by the President Pro Tempore of the Senate; two members of the House of Representatives appointed by the Speaker of the House of Representatives; the Chief Justice; the legal advisor to the Governor; the Attorney General; the President of the Juvenile and Family Court Judges' Association; the Commissioner of the Department of Corrections; the President of the District Attorneys' Association; the President of the Chief Juvenile Probation Officers' Association; the Commissioner of the Department of Human Resources; the Administrative Director of Courts; the Commissioner of the Department of Children's Affairs; the Commissioner of the Department of Mental Health and Mental Retardation; the Executive Director of the Department of Youth Services; the State Superintendent of Education; the State Health Officer; the Executive Director of the Alabama Children's Trust Fund; the President of the Alabama Parent-Teachers Association; the Director of the Alabama Department of Economic and Community Affairs; the Commissioner of the Department of Rehabilitation Services; the Commissioner of the Alabama Medicaid Agency; the Director of the Department of Public Safety; the Administrator of the Alcoholic Beverage Control Board; the Director of the Office of School Readiness; the Director of Voices for Alabama's Children; the Director of A Journey to Manhood; the President of A Coalition of 100 Black Women; the President of 21st Century Youth Leadership Program; and five persons to be appointed by the council. The appointed members of the council shall reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. All appointments are subject to Senate confirmation and shall be effective until acted upon by the Senate.

(b) The Commissioner of the Department of Children's Affairs shall serve as chairman and the Chief Justice as vice chair. The five council appointees and the three appointees of the Governor shall serve on the Alabama Children's Policy Council for two years from October 1 following their appointment and until their successors are selected, and may be reappointed for additional terms. Any vacancies in such appointed positions shall be filled in like manner as their predecessor and shall serve for a full term and until their successors are selected. If the council deems it necessary or advisable, it may elect other officers as necessary. The vice chairman and any other officers of the council, other than the chairman, shall hold said offices for such period as designated by the council, or for so long as they remain members of the council. The council shall meet at the call of the chairman at least once annually prior to September 1 of each fiscal year, and at such other times as, in the opinion of the chairman, additional meetings are needed.

(c) It shall be the duty of the Alabama Children's Policy Council and the Chief Justice of the Supreme Court to review the report prepared by the Department of Children's Affairs pursuant to Section 12-15-134 and to make such recommendations as it deems necessary and appropriate to the Governor and Legislature by October 1 of each fiscal year. It shall also be the duty of the Alabama Children's Policy Council to develop a state resource guide, including procedural information concerning how to access such services. This guide shall be distributed to agencies and organizations serving children as well as the county children's policy councils in each county of the state and the general public.

There is hereby established the Alabama Children's Policy Council Fund into which there is automatically appropriated $20,000.00 annually at the beginning of each fiscal year. Any funds remaining in the Alabama Children's Policy Council Fund at the end of any fiscal year shall not revert to the General Fund. The Comptroller shall transfer said moneys from the General Fund to the Alabama Children's Policy Council Fund annually at the beginning of each fiscal year and the moneys in said fund shall be expended for the travel expenses of members of the council who are not otherwise reimbursed by the state and such other necessary operating costs and expenses as approved by the chairman of the Alabama Children's Policy Council. Travel and per diem for all members of the council shall be calculated and paid at the same rate applicable to state employees. Any expenses of the Alabama Children's Policy Council, including printing, postage and mailing costs, which cannot be paid due to insufficient funds, shall be charged to the departments and agencies represented by membership on the council on a pro-rata basis, as calculated by the chairman.

The Alabama Children's Policy Council is authorized to accept and use funds available to it from all sources, including, but not limited to, grants, appropriations, gifts and donations for the purpose of implementing the provisions of this article. All such funds shall be deposited into the Alabama Children's Policy Council Fund, which shall be under the management of the Alabama Children's Policy Council. Moneys of the fund may be withdrawn by vouchers or checks signed by the chairman of the Alabama Children's Policy Council.

The members of the Alabama Children's Policy Council who are officers or employees of the State of Alabama shall be entitled to be reimbursed their expenses, including travel, lodging, food and other expenses at the same rate as other state employees. Such expenses shall be paid by the Comptroller from funds appropriated from the State Treasury to the department or agency which the member represents.

(a) A county children's policy council is hereby created in each county of the state. Said council shall consist of the following members: The juvenile court judge(s) in said county; the county director of the Department of Human Resources; a county representative of the Department of Mental Health and Mental Retardation; a county representative of the Department of Youth Services; a county representative of the Department of Rehabilitation Services, the Medicaid Agency, the Department of Public Safety, and the Alcoholic Beverage Control Board, provided they have a physical presence in the county; the county and/or city superintendent(s) of education; the county chief juvenile probation officer; a representative of the county health department; the district attorney; local legislators; the chairperson of the county commission; the sheriff, and seven persons to be appointed by the council from the community including, but not limited to, state and local government officials, practicing attorneys, community organizations, business and industry, and representatives of any other agencies or organizations providing services to families and children in the county.

(b) All members of the county children's policy council shall serve on said council for two years and until their successors are appointed, except those who serve by virtue of holding a designated office. The county children's policy council shall be convened at least once each quarter at the call of the senior juvenile court judge who shall serve as the chairman. At the first meeting of the council, said council shall select its seven additional council members. If the council deems it necessary or advisable, it may elect a vice chairman, secretary and such other officers as it may determine necessary. Such additional officers shall hold office for such period as designated by the council.

It shall be the duty of the county children's policy council to review the needs of children and the responsibilities assigned each agency by law; to determine areas of responsibility and identify areas of duplication and/or conflict between agencies; to identify local resources; and to develop in conjunction with the Department of Children's Affairs and up-date annually, a local resource guide to services available to children which shall include procedural information concerning how to access such local services; to articulate and communicate to the local community the needs of children; and to submit an annual report to the Administrative Office of Courts, Department of Children's Affairs, and the Chief Justice of the Supreme Court of Alabama by July 1 of each year on the services provided, local needs and recommendations of the county children's policy council based on data from the previous fiscal year ending September 30. The Department of Children's Affairs shall then, by September 1 of each year, submit its summary recommendations based on said reports, along with a copy of each local report to the Alabama Children's Policy Council. The local resource guides shall be used by the Alabama Children's Policy Council in compiling a state resource guide which shall be distributed to the general public and to agencies and organizations serving children.

All references to the "Alabama Juvenile Justice Coordinating Council" and to "county juvenile justice coordinating councils" in this code, are changed to the "Alabama Children's Policy Council" and "county children's policy councils" respectively. All other laws, rules, regulations, and legal references of any kind to the "Alabama Juvenile Justice Coordinating Council" or to "county juvenile justice coordinating councils" shall be changed to the "Alabama Children's Policy Council" or to "county children's policy councils" respectively when this code is next reprinted and in other laws, rules, regulations, and legal references as is appropriate, timely, and economically feasible.

Any person who knowingly and willfully disregards or fails to obey any lawful order made by the court under the provisions of this chapter or who knowingly and willfully interferes with the custody of any child under the jurisdiction of said court shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500.00 or sentenced to hard labor for the county for a period not to exceed six months or both. The court shall, however, have the power to suspend any sentence, remit any fine or place such person on probation under such orders, directives or conditions for his discipline and supervision as the court deems fit.

(a) It shall be unlawful for any person to remove, conceal or cause to be removed or concealed, or attempt so to do, any delinquent or dependent child or one in need of supervision, as defined in this chapter, or one alleged in a petition or order of transfer filed in said court to be so or any child whose custody is the subject of controversy in said court, or for any person to interfere with the custody of or remove or attempt to remove any delinquent or dependent child or one in need of supervision or one alleged so to be or any child whose custody is the subject of controversy in said court who is in the custody of the court or of a probation officer or any other officer or person designated by the court as a special officer or any such child who has been by said court committed to a department of state government, any person, persons, institution, association or corporation, under the terms of this chapter or by virtue of its general equity jurisdiction.

(b) It shall be unlawful for any person to interfere knowingly with or oppose or otherwise obstruct any probation officer or representative of the department of human resources in the performance of his duties under this chapter.

(c) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500.00 or sentenced to hard labor for the county for a period not to exceed 12 months or both.

(d) The court shall, however, have the power to suspend any sentence, remit any fine or place such person on probation under such orders, directives or conditions for his discipline and supervision as the court deems fit.

Any court exercising juvenile jurisdiction under Chapter 15 of Title 12 may, at any time, after a dependency petition has been filed, or on an emergency basis, enter an order of protection or restraint to protect the health or safety of the child.

A protection or restraint order may be entered after notice and hearing, upon proper showing by a preponderance of the evidence that such an order is necessary to protect the health or safety of the child or is otherwise in the child's best interest.

(a) The order may set forth reasonable conditions of behavior to be observed by a person who is a parent or other person legally responsible for the child's care, or the spouse of the parent, or spouse of any other person legally responsible for the child's care, or relatives of any of the above, or residents of the child's home, or any other person.

(b) The order may, among other things, require any such person(s):

(1) To stay away from the home in which the child resides, the family or the child;

(2) To vacate the home in which the child resides;

(3) To permit a parent to visit the child at stated periods understated conditions or deny visitation;

(4) To deny access to the home in which the child resides to persons who have been harmful to the child;

(5) To refrain from acts of commission or omission that tend to make the home in which the child resides an unsafe place for the child;

(6) To cooperate with any treatment or Department of Human Resources service plan found necessary to the best interests of the child;

(7) To obtain or participate in individual or family counseling;

(8) To refrain from abusive, disruptive, or harassing behavior toward the child, the other parent, or toward any person to whom custody of the child is awarded;

(9) To limit or refrain from contact or communication with the child, family, children in the home or any other child; and

(10) To pay temporary support for the child or other family members; to pay the costs of medical, psychiatric or physical treatment or care of the child or other family members.

The court may enter a protection or restraint order on an emergency basis, without prior notice and hearing, upon a showing of verified written or oral evidence of abuse or neglect injurious to the health or safety of the child and the likelihood that such abuse or neglect will continue unless the order is issued. If an emergency order is issued, a hearing, after notice, must be held within 72 hours or the next judicial business day thereafter, to either dissolve, continue or modify the order.

After notice and opportunity for hearing afforded to a person subject to a protective or restraint order, the order may be modified or extended for a further specified period, or both, or may be terminated if the court finds that the best interests of the child will be served thereby.

Any person violating an order of protection or restraint shall be punishable for contempt of court, as in other cases, and shall upon a finding of wilful conduct, be responsible for the payment of court costs and attorney fees incurred by any person in seeking enforcement of the order.

The provisions of this article shall be construed in pari materia with Sections 30-5-1 through 30-5-11, as amended, and other criminal laws relating to child abuse except to the extent there is no conflict herewith.

There is created an Executive Council of the Alabama Children's Services Facilitation Team consisting of the heads of the following departments or agencies: Department of Education, Department of Human Resources, Department of Mental Health and Mental Retardation, Department of Public Health, and the Department of Youth Services. The Executive Council shall exercise general supervision and oversight over the Alabama Children's Services Facilitation Team, approve its state plan and its budget, oversee all financial arrangements, approve all policies and procedures, as well as amendments thereto, and establish minimum standards for the operation of county children's services facilitation teams.

(a) The Alabama Children's Services Facilitation Team is created and shall consist of a representative appointed by the head of the following departments or organizations: The Department of Education, the Department of Human Resources, the Department of Mental Health and Mental Retardation, the Department of Public Health, the Department of Youth Services, and the Association of Chief Juvenile Probation Officers. As used in this article, "state team" means Alabama Children's Services Facilitation Team.

(b) The appointments to the state team shall be for a term of three years beginning October 1, 1993 and each three years thereafter and until their successors are appointed, except that the initial appointments of the representatives of the Department of Human Resources and the Department of Mental Health and Mental Retardation shall be for three years; the initial appointments of the representatives of the Department of Education and the Department of Youth Services shall be for two years; and the initial appointments of representatives of the Department of Public Health and the Association of Chief Juvenile Probation Officers shall be for one year. Any vacancies in the appointed positions shall be filled in like manner as their predecessor and shall serve for the remainder of their predecessor's term and until a successor is appointed. Representatives may be reappointed for additional terms.

(c) The state team shall annually select one of its members to serve as chair and may select other officers as needed.

(d) The state team shall meet at least monthly at a time and place that is mutually agreeable. The initial meeting shall be called by the Commissioner of the Department of Human Resources within three months of May 27, 1993.

(e) The state team shall:

(1) Develop and implement interagency plans for statewide services for multiple needs children.

(2) Develop guidelines, policies, and procedures, for the allocation of available resources for services to multiple needs children. Such guidelines, policies, and procedures shall be approved by the Executive Council of the Alabama Children's Services Facilitation Team.

(3) Be authorized to exchange records, documents, and information among members of the state and county teams as well as the agencies the members represent for the purposes of assessment, planning, and delivery of services to children.

(4) Consult with the county children's services facilitation teams to ensure that all efforts to provide services locally and in the least restrictive environment are exhausted before a case is referred to the state team. Upon receiving a referral, the Alabama Children's Services Facilitation Team shall develop a plan which shall be binding on the county children's services facilitation team. The Alabama Children's Services Facilitation Team shall have the authority to allocate resources to implement the plan for services and treatment in accordance with the budget approved by the Executive Council of the Alabama Children's Services Facilitation Team.

(5) The state team is authorized to accept and use funds available to it from all sources, including, but not limited to, grants, appropriations, gifts, and donations for the purpose of implementing the provisions of this section. All such funds shall be deposited into the State Multiple Needs Children Fund, which shall be under the management of the Alabama Children's Services Facilitation Team. Monies of the fund maybe withdrawn by vouchers authorized by the chair of the state team in accordance with the operations plan approved by the executive council.

(6) The state team shall report periodically to the Alabama Juvenile Justice Coordinating Council on the services available within the state, the number of cases upon which the state team has been consulted or requested to formulate a service plan, and budgetary needs or constraints affecting delivery of services.

(f) The Alabama Children's Services Facilitation Team shall be authorized to employ staff, conditioned upon appropriation of funds, to carry out the duties of the team. Employment maybe through contract or appointment under the State Merit System, utilizing one of the member agencies as the appointing or contracting authority. Supervision of any staff provided under this section shall be by the chair of the Alabama Children's Services Facilitation Team.

(a) A county children's services facilitation team is created in each county of the state. As used in this article, "county team" means a county children's services facilitation team. The team shall consist of a representative appointed by the head of the following departments or organizations: The local education agency or agencies, the county department of human resources, the Department of Mental Health and Mental Retardation, the Department of Youth Services, and a representative from juvenile probation services appointed by the presiding juvenile court judge.

(b) Appointments to the team shall be for a term of three years beginning October 1, 1993 and each three years thereafter and until their successors are appointed, except that the initial appointments of the representatives of the county department of human resources and the Department of Mental Health and Mental Retardation shall be for three years; the initial appointments of the representatives of the local education agency or agencies and the Department of Youth Services shall be for two years; and the initial appointment of the representative of the juvenile probation services shall be for one year. Any vacancies in the appointed positions shall be filled in like manner as their predecessor and shall serve for the remainder of their predecessor's term and until a successor is appointed. Representatives may be reappointed for additional terms.

(c) The county team shall annually select one of its members to serve as chair and may select other officers as needed.

(d) An organizational meeting of the county team shall be called by the county director of the county department of human resources within three months after May 27, 1993. Other meetings may be held as needed. The county team shall meet within seven days of a case being referred by a court or from notice of a member that there is a need for the team to develop a service plan.

(e) The county team shall:

(1) Comply with the guidelines, policies, and procedures promulgated by the Alabama Children's Services Facilitation Team and approved by the Executive Council of the Alabama Children's Services Facilitation Team.

(2) Be authorized to develop guidelines, policies, and procedures, not in conflict with the minimum standards established by the state team, for the county team.

(3) Be authorized to exchange records, documents, and information among members of the county and state teams, as well as the agencies the members represent, for the purposes of assessment, planning, and delivery of services to children.

(4) By consensus, develop an individualized service plan to meet the needs of each child who is accepted by the team.

(5) Consult with the Alabama Children's Services Facilitation Team whenever the county team is unable to reach an agreement as to a service plan. In the event a county team requests assistance of the state team because of an inability to agree on a service plan, the service plan developed by the state team shall be binding on the local team, as well as the departments represented.

(6) The county team shall work with the county juvenile justice coordinating council to ensure that appropriate local services are developed, modified, or expanded as the needs of children within the community are identified.

(7) Be authorized to add representatives of other community agencies, temporarily or permanently, based on circumstances of the needs of a child referred to the county team.

(8) The county children's services facilitation team is authorized to accept and use funds available to it from all sources, including, but not limited to, grants, appropriations, gifts, and donations for the purpose of implementing the provisions of this section. All such funds shall be deposited into the county multiple needs children fund, which shall be under the management of the county children's services facilitation team. Monies of the fund maybe withdrawn by vouchers or checks authorized by the chair of the county team in accordance with the operations plan approved by the county team.

The members of the state and county teams shall be entitled to be reimbursed for their expenses, including travel, lodging, food, and other expenses at the same rate as state employees. The expenses shall be paid by their respective departments or organizations. Travel expenses of members of the team not otherwise reimbursed by the respective departments or organizations may be paid from funds available to the teams.

There is established in the State Treasury a fund to be known as the State Multiple Needs Children Fund which shall be administered by the agency designated by the Executive Council of the Alabama Children's Services Facilitation Team. This fund shall consist of all monies appropriated for these purposes from the State General Fund or the Alabama Special Educational Trust Fund, donations, grants, bequests, loans, or any other sources, either public or private, relating to providing services for children identified as multiple needs children.

The State Multiple Needs Children Fund shall be used to provide services not otherwise provided by state departments or agencies for multiple needs children as defined in subdivision (19) of Section 12-15-1. Administrative costs connected with the expenditures of state multiple needs children funds shall not exceed a percentage amount established by the executive council.

All funds now or hereafter deposited to the credit of the State Multiple Needs Children Fund shall be expended for the purposes of carrying out the provisions of this article; provided, however, that no funds shall be withdrawn nor expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of Article 4 of Chapter 4 of Title 41, and only in the amounts and for the purposes provided by the Legislature in the general appropriations bill for any specific fiscal year.

The Chief Examiner of the Department of Public Accounts shall develop a uniform accounting system for the State Multiple Needs Children Fund conforming to generally accepted accounting principles. County children's services facilitation teams and programs shall establish and maintain the uniform accounting system.

The annual reports and all records of accounts and financial records of all funds received by the State Multiple Needs Children Fund by grant, contract, or otherwise from state, local, or federal sources, shall be subject to audit annually by the Chief Examiner of the Department of Public Accounts. All audits shall be completed as soon as practicable after the end of the fiscal year of the team.

(a) The Executive Council of the Alabama Children's Services Facilitation Team shall adopt policies and procedures relating to the allocation of available resources for providing services for multiple needs children; for granting funds for programs on individuals; and for monitoring, evaluating, and reviewing programs where funds are provided. Funds available to provide services for multiple needs children may be allocated by the Alabama Children's Services Facilitation Team:

(1) To counties, or groups of counties, based on detailed proposals, for establishing new, needs-based local services or expanding existing programs.

(2) To provide treatment for individual children.

(3) For other activities consistent with the purposes of this article.

(b) The state team, with approval of the executive council, shall determine the amount and duration of grants made for new programs provided for one or more counties. The state team shall also determine the amount of funding to be awarded and the duration in individual cases where local resources have been exhausted. The state team may select projects which meet the criteria and are compatible with the purposes of the multiple needs children program for financial awards.

(c) In order to remain eligible for continued grant funding, a recipient shall substantially comply with the standards and administrative regulations defining program effectiveness which shall be promulgated by the executive council of the state team. Each recipient will participate in an evaluation to determine local and state program effectiveness. The form of this evaluation will be a part of the promulgated policies and procedures.

Continued grant funding shall be based on demonstrated effectiveness in providing services to meet the identified needs.

If it is determined that there are reasonable grounds to believe that a participating county team is not complying with its plan or the minimum standards, the state team shall give 30 days' written notice to the participating entity. If the state team finds that a participating entity is not complying with its plan or the established minimum standards, the state team shall require the entity to provide a letter of intent as to how and when specific deficiencies identified will be corrected. If no letter is submitted to the state team within the time limit specified, or if the deficiencies are not corrected within 45 days after the letter has been submitted to the entity, the funding may be suspended in part or in whole until compliance is achieved.

(d) A quarterly report shall be submitted to the Alabama Juvenile Justice Coordinating Council showing the awards initiated by the state team during the quarter and the cumulative totals for each new services awards, awards for each individual child, and awards for each special project. An annual report shall also be compiled.

No other laws, or parts of laws, which are in any manner inconsistent with this article shall be construed to supersede or in any way alter or affect the provisions of this article, and no law shall be operative to the extent it may be in conflict and inconsistent with this article. Specifically, Section 16-28-3, establishing the compulsory school attendance age, shall remain in full force and effect.

(a) The circuit court and the district court shall exercise original concurrent juvenile jurisdiction sitting as the juvenile court.

(b) The juvenile court shall keep a docket which shall be separate and distinct from any other docket kept in said court, and the orders and decrees of the court relating to such cases shall be entered in a separate minute book.

(c) The Supreme Court shall promulgate rules governing procedure in the juvenile court.

(d) The juvenile court shall have full power and authority to issue all writs and processes necessary to the exercise of such jurisdiction and to carrying out of the purposes of this chapter.

(e) The judge of the court shall have power to issue writs of arrest and of habeas corpus to have brought before the court children alleged to be dependent, delinquent or in need of supervision to be dealt with by said court under the terms of this chapter.

(f) The court shall have and exercise the jurisdiction and equity power possessed by courts in this state.

Repealed by Act 2000-749, effective August 1, 2000.

(a) The juvenile court shall exercise exclusive original jurisdiction of proceedings in which a child is alleged to be delinquent, dependent or in need of supervision.

(b) The court shall also exercise exclusive original jurisdiction of the following proceedings, which shall be governed by the laws relating thereto:

(1) Proceedings to determine custody or to appoint a legal custodian or guardian of the person of a child when the child is otherwise before the court. This provision, however, shall not be construed to deprive other courts of the right to determine the custody or guardianship of the person of children when such custody or guardianship is incidental to the determination of cases pending in those courts. Such courts, however, may certify said questions to the juvenile court for hearing and determination or recommendation;

(2) Removal of disabilities of nonage, including judicial consent to marriage, employment, withdrawal from school, or enlistment when such consent is required by law;

(3) Proceedings under the interstate compact on juveniles;

(4) Proceedings for the commitment of a mentally ill or mentally retarded child;

(5) Proceedings for the adoption of a child when such proceedings have been removed from probate court on motion of any party to the proceedings; and

(6) Termination of parental rights.

(c) The court shall have original jurisdiction in proceedings:

(1) Concerning any child:

a. Who is in a situation subjecting him to physical, mental or emotional abuse or is in clear and present danger of suffering lasting or permanent damage; or

b. Who requires emergency medical treatment in order to preserve his life, prevent permanent physical impairment or deformity or alleviate prolonged agonizing pain;

(2) Where it is alleged that a child's rights are improperly denied or infringed in proceedings resulting in suspension, expulsion or exclusion from a public school.

The court shall have exclusive original jurisdiction:

(1) To try any minor or adult charged with:

a. Aiding, encouraging or causing any child to become or remain delinquent, in need of supervision or dependent;

b. Disregarding or failing to obey any lawful order made by the judge of the juvenile court or interfering with the custody of any child under the jurisdiction of the juvenile court;

c. Interfering with the custody of or removal or attempting to remove any dependent or delinquent child or one in need of supervision or one so alleged to be or any child whose custody is the subject of controversy in said court or who is in the custody of the court or of a probation officer or any other officer or person designated by the court as a special officer, or any child who has been by said court committed to any person, persons, institutions, associations, corporation, agency, the Department of Youth Services or the Department of Human Resources under the terms of this chapter;

d. Knowingly interfering with, opposing or otherwise obstructing any probation officer or representative of the Department of Human Resources in the performance of his duties under this chapter; or

e. Any offenses proscribed in Sections 12-15-100, 12-15-101 or 12-15-102;

(2) In proceedings to establish paternity of a child born out of wedlock;

(3) To try any minor or adult charged with desertion and nonsupport in violation of law;

(4) In proceedings for the commitment of a mentally ill or mentally retarded minor;

(5) To make parents or guardians of a child parties to all juvenile court actions.

(a) For the purposes of this chapter, jurisdiction obtained by the juvenile court in any case of a child shall be retained by it until the child becomes 21 years of age unless terminated prior thereto by order of the judge of the juvenile court except that the juvenile court shall retain jurisdiction until the child complies with any order of the juvenile court requiring the payment of fines, costs, restitution, or other court ordered monies. This section shall not be construed to affect the jurisdiction of other courts over offenses committed by the child after he reaches the age of 18 years.

(b) If a person already under the jurisdiction of the juvenile court is convicted or adjudicated a youthful offender in a criminal court of a crime committed after the age of 18, the conviction or adjudication shall terminate the jurisdiction of the juvenile court except that the juvenile court shall retain jurisdiction until the child complies with any order of the juvenile court requiring the payment of fines, costs, restitution, or other court ordered monies.

(c) Nothing in this section or Section 12-15-34.1 is intended to terminate the jurisdiction of a juvenile court regarding enforcement of an order requiring payment of fines, costs, restitution, or other court ordered monies.

(d) For purposes of this chapter, any order of a juvenile court requiring payment of fines, costs, restitution, or other court ordered monies shall remain effective with regard to the payments until the fines, costs, restitution, or other court ordered monies are paid in full.

(e) For purposes of enforcing any order of the juvenile court requiring the payment of fines, costs, restitution, or other court ordered monies, the remedies with regard to punishment for contempt, including incarceration in jail, shall be available to the juvenile court.

(a) If it shall be ascertained during the pendency of a criminal or quasi-criminal charge that the defendant was a child, as defined in this chapter, at the time of the alleged offense, that court, which shall have the duty to ascertain such age, shall forthwith transfer the case, together with all the papers, documents, and transcripts of any testimony connected therewith, to the juvenile court. The transferring court shall order that the juvenile be taken forthwith to the place of detention designated by the juvenile court or to the juvenile court itself or shall release the juvenile to the custody of the parent or guardian or other person legally responsible for the juvenile or under the juvenile's own recognizance, to be brought before the court at a time designated by it. The accusatory pleading may serve in lieu of a petition in the juvenile court, unless that court directs the filing of a petition. The juvenile court shall then proceed as provided in this chapter. All action taken by the court prior to transfer of the case shall be deemed null and void unless the juvenile court transfers under Section 12-15-34.

(b) The provisions of subsection (a) of this section requiring transfer of cases involving a child to the juvenile court shall not apply to a child who has been previously transferred for criminal prosecution and convicted or adjudicated a youthful offender on the criminal charge pursuant to Section 12-15-34 or a child 16 years of age or older charged with a traffic offense other than driving under the influence of alcohol or controlled substances in violation of Section 32-5A-191 or a municipal ordinance prohibiting the same conduct.

(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, which if committed by an adult would constitute any of the following, shall not be subject to the jurisdiction of juvenile court but shall be charged, arrested, and tried as an adult:

(1) A capital offense.

(2) A Class A felony.

(3) A felony which has as an element thereof the use of a deadly weapon.

(4) A felony which has as an element thereof the causing of death or serious physical injury.

(5) A felony which has as an element thereof the use of a dangerous instrument against any person who is:

a. A law enforcement officer or official.

b. A correctional officer or official.

c. A parole or probation officer or official.

d. A juvenile court probation officer or official.

e. A district attorney or other prosecuting officer or official.

f. A judge or judicial official.

g. A court officer or official.

h. A person who is a grand juror, juror, or witness in any legal proceeding of whatever nature when the offense stems from, is caused by, or is related to the role of such person as a juror, grand juror, or witness.

i. A teacher, principal, or employee of the public education system of Alabama.

(6) Trafficking in drugs in violation of Section 13A-12-231, or as the same may be amended.

(7) Any lesser included offense of the above offenses charged or any lesser felony offense charged arising from the same facts and circumstances and committed at the same time as the offenses listed above.

(b) Notwithstanding any other provision of law, any person who has been tried in criminal court pursuant to the provisions of this section shall not thereafter be subject to the jurisdiction of juvenile court for any subsequent offense. Provided, however, the provisions of this subsection shall not apply where the trial in criminal court resulted in an acquittal of all charges.

(c) This section shall apply to all cases in which the alleged criminal conduct occurred after April 14, 1994. All conduct occurring before April 14, 1994 shall be governed by pre-existing law.

(a) The prosecutor may, before a hearing on the petition on its merits and following consultation with probation services, file a motion requesting the court to transfer the child for criminal prosecution, if the child was 14 or more years of age at the time of the conduct charged and is alleged to have committed an act which would constitute a crime if committed by an adult.

(b) The court shall conduct a hearing on all motions for the purpose of determining whether it is in the best interest of the child or the public to grant the motion. If the court finds and there are no reasonable grounds to believe the child is committable to an institution or agency for the mentally retarded or mentally ill, it shall order the case transferred for criminal prosecution.

(c) When there are grounds to believe that the child is committable to an institution or agency for the mentally retarded or mentally ill, the court shall proceed pursuant to Section 12-15-70.

(d) Evidence of the following and other relevant factors shall be considered in determining whether the motion shall be granted:

(1) The nature of the present alleged offense.

(2) The extent and nature of the prior delinquency record of the child.

(3) The nature of past treatment efforts and the nature of the response of the child to the efforts.

(4) Demeanor.

(5) The extent and nature of the physical and mental maturity of the child.

(6) The interests of the community and of the child requiring that the child be placed under legal restraint or discipline.

(e) Prior to a hearing on the motion by the prosecutor, a study and report to the court, in writing, relevant to the factors listed in subsection (d) of this section shall be made by probation services.

(f) When a child is transferred for criminal prosecution, the court shall set forth in writing its reasons for granting the motion, which shall include a finding of probable cause for believing that the allegations are true and correct.

(g) The finding of probable cause by the juvenile court shall preclude the necessity for a preliminary hearing subsequent to the transfer of the case for criminal prosecution, and the court having jurisdiction of the offense or offenses charged may exercise any authority over the case and the child, subsequent to the transfer, which is otherwise applicable to cases involving adult offenders under provisions of laws or rules of procedure adopted by the Supreme Court.

(h) A child whose case is transferred for criminal prosecution shall not be granted youthful offender status and, if convicted, shall be sentenced as an adult if the act which if committed by an adult would constitute any of the following:

(1) A capital offense.

(2) A Class A felony.

(3) A felony which has as an element the use of a deadly weapon.

(4) A felony which has as an element the causing of death or serious physical injury.

(5) A felony which has as an element the use of a dangerous instrument against any person who is:

a. A law enforcement officer or official.

b. A correctional officer or official.

c. A parole or probation officer or official.

d. A juvenile court probation officer or official.

e. A district attorney or other prosecuting officer or official.

f. A judge or judicial official.

g. A court officer or official.

h. A person who is a grand juror, juror, or witness in any legal proceeding of whatever nature when the offense stems from, is caused by, or is related to the role of the person as a juror, grand juror, or witness.

i. A teacher, principal, or employee of the public education system of Alabama.

(6) Trafficking in drugs in violation of Section 13A-12-231.

(i) A child who is transferred to criminal court for criminal prosecution shall be tried as an adult for the offense charged and all lesser included offenses of the offense charged.

(j) A conviction or adjudication as a youthful offender following the transfer of a child for criminal prosecution as provided in this section shall terminate the jurisdiction of the juvenile court over that child with respect to any future criminal acts, offenses, or violations of any nature and with respect to any pending allegations of delinquency which have not been disposed of by the juvenile court at the time of the criminal conviction. Any pending or future criminal acts committed by the child shall be prosecuted as other criminal charges are prosecuted; however, the juvenile court shall exercise jurisdiction over the child for the purpose of obtaining verification of a previous conviction or adjudication as a youthful offender after being transferred for prosecution as an adult, and for the purpose of authorizing release pending trial on bond or as otherwise provided by law. Termination of the juvenile court's jurisdiction over the child with respect to future criminal charges and pending allegations of delinquency, as provided herein, shall not affect the juvenile court's jurisdiction over the child with respect to any other matter provided in this chapter, specifically including any prior allegations of delinquency which, at the time of the criminal conviction, has been disposed of by the juvenile court either through informal adjustment, consent decree, or adjudication. The juvenile court is specifically authorized, to the extent practicable, to continue exercising its jurisdiction over the child with respect to such previously disposed delinquency cases after the termination of its jurisdiction with respect to other criminal charges.

(a) If delinquency or in need of supervision is alleged, proceedings shall be commenced in the district where the acts constituting the allegation occurred.

(b) If dependency is alleged, proceedings shall be commenced in the district where the child resides or in the district where the child is present when the proceedings are commenced.

If the child resides in a district of the state and the proceeding is commenced in a court of another district, that court, on its own motion or a motion of a party, may transfer the proceeding to the district of the child's residence for such further action or proceedings as the court receiving the transfer may deem proper.

Like transfer may be made if the residence of the child changes pending the proceeding.

The proceeding shall be so transferred if the child has been adjudicated delinquent or in need of supervision and other proceedings involving the child are pending in the juvenile court of the district of his residence.

Certified copies of all legal and social records pertaining to the case shall accompany the transfer.

(a) The judge of the juvenile court may appoint not less than five nor more than 25 citizens of the district, known for their interest in the welfare of children, who shall serve without compensation, to constitute and be the advisory board of the juvenile court in matters relating to the welfare of children. Such advisory board shall organize by electing such officers and by adopting such bylaws, rules and regulations for its government as it shall deem best for the purposes of this chapter. Such board shall hold office at the pleasure of the court or of the judge thereof.

(b) The duties of the advisory board shall be as follows:

(1) To assist the court in securing the services of volunteer probation officers when the services of such officers shall be deemed necessary or desirable;

(2) To visit institutions which are charged with caring for children and, whenever practicable, other institutions to which the court, from time to time, may make commitments;

(3) To advise and cooperate with the court upon all matters relating to the welfare of children;

(4) To recommend to the court any and all needful measures for the purpose of carrying out the provisions and intent of this chapter and to make themselves familiar with the work of the court under this chapter; and

(5) To make, from time to time, a report to the public of the work of such court.

The district attorney of the judicial circuit in which the case is pending may exercise his authority in all cases arising under this chapter.

The juvenile court may call upon the district attorney to assist the court in any proceeding under this chapter. It shall be the duty of such district attorney to render such assistance when so requested.

Said district attorney shall represent the state in all cases arising under this chapter appealed from the juvenile court.

Cases before the court shall be initiated by the filing of a petition by the intake officer who shall receive verified complaints and proceed thereon pursuant to rules of procedure adopted by the Supreme Court.

Before a petition alleging delinquency or in need of supervision is filed, the probation officer or other officer of the court designated by it, subject to its direction, may give counsel and advice to the parties for the purpose of an informal adjustment pursuant to rules of procedure adopted by the Supreme Court.

(a) A petition may be signed by any person who has knowledge of the facts alleged or is informed of them and believes that they are true.

(b) A petition shall be entitled "In the matter of _____, a child" and shall be verified by the person who signs it.

(c) The petition shall set forth with specificity:

(1) The facts which bring the child within the jurisdiction of the court, the facts constituting the dependency, delinquency or need of supervision and that the child is in need of supervision, treatment, rehabilitation, care or the protection of the state, as the case may be;

(2) The name, age and residence address, if any, of the child on whose behalf the petition is brought;

(3) The names and residence addresses, if known to the petitioner, of the parents, guardian or custodian of the child. If no parent, guardian or custodian resides or can be found within the state or if their respective places of residence are unknown, the name of any known adult relative residing within the district or, if there be none, the known adult relative residing nearest to the location of the court; and

(4) The place of the child's detention and the time he was taken into custody, if the child in custody is delinquent or in need of supervision.

(d) When any of the facts required by subsection (c) of this section are not known, except the facts required by subdivision (4) of subsection (c) of this section, the petition shall so state.

(a) After a petition alleging delinquency, in need of supervision or dependency has been filed, the court shall direct the issuance of summonses, one to be directed to the child if the child is 12 or more years of age, another to the parents, guardian, or other custodian and others to such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to answer or testify as to the allegations of the petition. Where the custodian is summoned, the parent or guardian, or both, shall also be served with a summons.

(b) A copy of the petition shall be attached to each summons.

(c) The court may endorse upon the summons an order directing the parents, guardian, or other custodian having the custody or control of the child to bring the child to the hearing.

(d) If it appears from an affidavit or sworn statement presented to the court that the child needs to be placed in detention or shelter or other care, the court may endorse upon the summons an order that an officer serving the summons shall at once take the child into custody and take the child to the place of detention or shelter or other care designated by the court. In any case where a child is alleged to be delinquent for possessing a pistol, short-barreled rifle, or short-barreled shotgun, the child shall be detained in a detention facility until the hearing required by Section 12-15-60. "Pistol" as used in this section is defined in Section 13A-11-70(1). "Short-barreled rifle and short-barreled shotgun" as used in this section are defined in Section 13A-11-62.

(e) A party, other than the child, may waive service of summons by written stipulation or by voluntary appearance at the hearing.

Service of summons in cases coming within this chapter shall be pursuant to rules of procedure adopted by the Supreme Court.

The court shall have authority to make interlocutory and final dispositional orders in those cases in which a party or parties have been served by publication in accordance with rules adopted by the Supreme Court.

A child may be taken into custody:

(1) Pursuant to an order of the court under Sections 12-15-53 and 12-15-57;

(2) For a delinquent act pursuant to the laws of arrest;

(3) By a law enforcement officer having reasonable grounds to believe that the child has run away from a detention, residential, shelter or other care facility;

(4) By a law enforcement officer having reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from the child's surroundings and that the child's immediate removal from such surroundings is necessary for the protection of the health and safety of such child;

(5) By a law enforcement officer who has reasonable grounds to believe that the child has run away from his parents, guardian or other custodian;

(6) By a law enforcement officer who has reasonable grounds to believe that the child has no parent, guardian, custodian or other suitable person willing and able to provide supervision and care for such child;

(7) By a probation officer or representative of the Department of Human Resources, pursuant to Section 12-15-7; or

(8) By a law enforcement officer pursuant to an order of the court directing that a child be taken into custody pending hearing on allegations that the child is suffering from illness or injury or is in immediate danger from his surroundings and ordering that the child's immediate removal from such surroundings is necessary for the protection of the health and safety of such child.

If a parent, guardian or other custodian fails, when requested ,to bring the child before the court as provided in subdivision (2) of subsection (a) of Section 12-15-58, the court may issue its order directing that the child be taken into custody and brought before the court.

(a) A person taking a child into custody shall, with all possible speed, and in accordance with this chapter and the rules of court pursuant thereto:

(1) Release the child to the child's parents, guardian, custodian or other suitable person able and willing to provide supervision and care for the child and issue oral counsel and warning as may be appropriate.

(2) Release the child to the child's parents, guardian or custodian upon their promise to bring the child before the court when requested, unless the child's placement in detention or shelter care appears required.

(3) Bring the child, if not released, to the intake office of probation services or deliver the child to a place of detention or shelter care designated by the court and, in the most expeditious manner possible, give notice of the action taken, together with a statement of the reasons for taking the child into custody, in writing to the intake office, to the court and to the parent, guardian or other custodian of the child and, in the case of dependency, to the Department of Human Resources, except in the case of a juvenile being taken into custody for a violation of a municipal curfew ordinance. In curfew violation cases, if the child is not released, the child may be taken to a facility which has been previously approved by the court as a curfew detention facility. A child taken to a curfew detention facility shall be released within eight hours.

(b) Whenever a child, taken into custody pursuant to this chapter, is brought to a shelter or other care facility established or approved by the Department of Human Resources or the Department of Youth Services or to the intake office, the person in charge of the intake office or the representative of the Department of Human Resources, prior to admitting the child for care, shall review the need for detention or shelter care and shall release the child unless detention or shelter care is required under Section 12-15-59 or has been ordered by the court.

(c) A person taking a child into custody pursuant to subdivisions (1) and (7) of Section 12-15-56 shall bring the child to the place of detention or shelter care or to the intake office which shall thereupon proceed in accordance with this chapter.

(d) A person taking a child into custody pursuant to subdivision (4) of Section 12-15-56 shall bring the child to a medical or mental health facility designated by the court if the child is believed to be suffering from a serious mental health condition, illness, or injury which requires either prompt treatment or prompt diagnosis for the child's welfare or for evidentiary purposes, and, in the most expeditious manner possible, give notice of the action taken together with a statement of taking the child into custody in writing to the court, the parents, guardian or other custodian and to the intake office and to the Department of Human Resources in the case of a dependency allegation.

(a) Unless otherwise ordered by the court pursuant to the provisions of this chapter, a child lawfully taken into custody as an allegedly dependent or delinquent child or a child in need of supervision shall immediately be released, upon the ascertainment of the necessary facts, to the care, custody and control of such child's parent, guardian, custodian or other suitable person able and willing to provide supervision and care for such child, except in situations where:

(1) The child has no parent, guardian, custodian or other suitable person able and willing to provide supervision and care for such child;

(2) The release of the child would present a clear and substantial threat of a serious nature to the person or property of others where the child is alleged to be delinquent;

(3) The release of such child would present a serious threat of substantial harm to such child; or

(4) The child has a history of failing to appear for hearings before the court.

(b) The criteria for continuing the child in detention or shelter or other care as set forth in subsection (a) of this section shall govern the decisions of all persons involved in determining whether the continued detention or shelter care is warranted pending court disposition and such criteria shall be supported by clear and convincing evidence in support of the decision not to release the child.

(a) The judge may appoint one or more persons to serve as referees on a full-time or part-time basis subject to approval of the administrative director of courts. Referees shall be licensed to practice law in this state; provided, that referees serving as such for 10 or more years on January 16,1977, will not be required to be members of the bar of this state.

(b) The judge may direct that hearings in any case or class of cases be conducted in the first instance by a referee unless:

(1) The hearing is one to determine whether a case shall be transferred for criminal prosecution; or

(2) A party objects to the hearing being held by a referee.

(c) Upon the conclusion of a hearing before a referee, he shall transmit in writing his findings and recommendations for disposition to the judge. Written notice of the findings and recommendations together with copies thereof shall be given to the parties to the proceeding. The written notice shall also inform them of the right to a rehearing before the judge.

(d) A rehearing before the judge may be ordered by the judge at any time and shall be ordered if any party files a written request therefor within 14 days after receipt of the referee's written notice. Upon rehearing, when adequate records have been kept in the proceedings before the referee, the court shall review the record and, in the discretion of the judge, may admit new evidence. If the referee has not kept adequate records, the rehearing shall be de novo.

(e) If a hearing before the judge is not requested or ordered or the right thereto is waived, the findings and recommendations of the referee, if confirmed by an order of the judge or as modified by the judge, shall become the decree of the court.

(a) When a child is not released from detention or shelter care as provided in Section 12-15-58, a petition shall be filed and a hearing held within 72 hours, Saturdays, Sundays and holidays included, to determine whether continued detention or shelter care is required.

(b) Notice of the detention or shelter care or other care hearing, either oral or written, stating the time, place and purpose of the hearing and the right to counsel shall be given to the parent, guardian or custodian if they can be found and to the child if such child is over 12 years of age or if delinquency is alleged. In every case of a dependent child, the Department of Human Resources shall be notified.

(c) At the commencement of the detention or shelter or other care hearing, the court shall advise the parties of the right to counsel and shall appoint counsel as required. The parties shall be informed of the child's right to remain silent with respect to any allegation of delinquency. They shall also be informed of the contents of the petition and shall, except as provided herein, be given an opportunity to admit or deny the allegations of the petition. Prior to the acceptance of an admission of the allegations of the petition, the court shall (1) verify if the child was previously convicted or adjudicated a youthful offender pursuant to Section 12-15-34(h) or (2) rule on any motion of the prosecutor requesting the court to transfer the child for criminal prosecution. The juvenile court shall not accept a plea of guilt or an admission to the allegations of the petition in any case in which the child will be transferred for prosecution as an adult, either by grant of the prosecutor's motion to transfer or pursuant to Section12-15-34(h).

(d) All relevant and material evidence helpful in determining the need for detention or shelter care may be admitted by the court even though not competent in a hearing on the petition.

(e) If the child is not released and no parent, guardian or other custodian has been notified and none appeared or waived appearance at the hearing, upon the filing of an affidavit stating these facts, the court shall rehear the matter within 24 hours, Saturdays, Sundays, and holidays included.

(a) For the purpose of this section, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) AVERAGE COST OF DETENTION. The average cost of detention of children as determined from experience in Alabama and as computed by the department.

(2) DEPARTMENT. The Department of Youth Services.

(3) REGIONAL DETENTION FACILITY. Any facility owned or operated by the state, any county or other legal entity licensed by and contracting with the department for the detention of children.

(b) Except as provided in subsection (d) of this section, in providing detention and shelter or other care for children referred to or coming under the jurisdiction of the court, the court shall utilize only such facilities as have been established, licensed, or approved by the Department of Youth Services or Department of Human Resources for such purposes.

(c) After October 1, 1991, the Department of Youth Services shall accept all children committed to it within seven days of notice of disposition.

(d) A child alleged or adjudicated to be delinquent may be detained in a jail or other facility for the detention of adults for not more than 7 days pursuant to a court order and only if all of the following conditions are met: (i) the detention is approved by the official or officer in charge of the jail; (ii) the jail contains, at the time of the order, an available room in which the child can be detained separate and removed from all contact with adult inmates; and (iii) adequate supervision is available at the time detention in the jail is ordered. A child who has been transferred for criminal prosecution, or who is no longer subject to the juvenile court's jurisdiction shall be detained as an adult.

(e) Except as provided in subsection (d), the official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the court immediately when a child, who is or appears to be a child as defined by this chapter, is received at the facility, and shall deliver the child to the court upon request or transfer him or her to a detention facility designated by the court.

(f) The department shall develop prior to October 1, 1991, and implement a statewide system of regional detention centers which shall be licensed by the Department of Youth Services for the detention of children.

(g) The department shall subsidize the detention of children in the regional detention facilities in an amount up to one half the average cost of detention, the amount depending on the provision of funds by the Legislature to the department. Regional detention facilities may contract with the department or other counties for the detention of children.

(h) When a case is transferred to another court for criminal prosecution, the child shall be transferred to the appropriate officer or detention facility in accordance with the law governing the detention of the person charged with crime.

(i) Any law enforcement official shall, at the direction of the juvenile court, provide security and transportation services for the juvenile court in transporting children to and from secure detention facilities.

(a) When the court finds that a child's full-time detention or shelter care is not required, the court shall order his release, and in so doing, may impose one or more of the following conditions singly or in combination:

(1) Place the child in the custody of a parent, guardian, custodian or any other person whom the court deems proper or under the supervision of an agency or organization agreeing to supervise him or her;

(2) Place restrictions on the child's travel, association or place of abode during the period of his or her release; or

(3) Impose any other condition deemed reasonably necessary and consistent with the criteria for detaining children specified in Section 12-15-59, including a condition requiring that the child return to custody as required.

(b) An order releasing a child on any conditions specified in subsection (a) of this section may at any time be amended to impose additional or different conditions of release or to return the child to custody for failure to conform to the conditions originally imposed.

(c) Within 12 months of any court order placing a child in foster care the court shall hold a permanency hearing. The Department of Human Resources shall present to the court at such hearing a permanent plan for said child. If a permanent plan is not presented to the court at this hearing there shall be a rebuttable presumption that the child should be returned to the family. This provision is intended to insure that a permanent plan is prepared by the Department of Human Resources and presented to the court within 12 months of the placement of any child in foster care. The purpose of the permanency hearing shall be to determine the permanency plan for the child which may include whether, and, if applicable, when, the child shall be (i) returned to the parent, (ii) placed for adoption wherein the Department of Human Resources shall file a petition for termination of parental rights, or (iii) referred for legal custody. The permanency hearing shall determine whether the plan will include placement in another planned permanent living arrangement in cases where the department has documented to the court a compelling reason for determining that it would not be in the best interests of the child to return home, be referred for termination of parental rights, be placed for adoption, or be placed with a fit and willing relative, or with a legal custodian. For the purposes of this subsection only, a child shall be considered to have entered foster care on the earlier of (i) the date of the first judicial finding that the child has been subjected to abuse or neglect, or (ii) that date that is 60 days after the date on which the child is removed from the home.

(a) In delinquency and in need of supervision cases, a child and his parents, guardian or custodian shall be advised by the court or its representative at intake that the child has the right to be represented at all stages of the proceedings by counsel retained by them or, if they are unable to afford counsel, by counsel appointed by the court.

If counsel is not retained for the child in a proceeding in which there is a reasonable likelihood such may result in a commitment to an institution in which the freedom of the child is curtailed, counsel shall be appointed for the child.

The court may appoint counsel in any case when it deems such in the interest of justice.

(b) In dependency cases, the parents, guardian or custodian shall be informed of their right to be represented by counsel and, upon request, counsel shall be appointed where the parties are unable for financial reasons to retain their own.

The court shall also appoint counsel for the child in dependency cases where there is an adverse interest between parent and child or where the parent is an unmarried minor or is married, widowed, widowered or divorced and under the age of 18 years or counsel is otherwise required in the interests of justice.

At any time after the filing of a petition, the court may suspend proceedings and continue the case, under terms and conditions agreed to by all parties, pursuant to rules adopted by the Supreme Court.

(a) Hearings under this chapter shall be conducted by the 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 court finds to have a proper interest in the case or in the work of the court may be admitted by the court on condition that the persons refrain from divulging any information which would identify the child or family involved. If the court finds that it is in the best interest of the child, the child may be temporarily excluded from the hearings, except while allegations of delinquency or in need of supervision are being heard. Relatives, pre-adoptive parents, or foster parents who have been approved by the Department of Human Resources providing care to a child shall be given notice and an opportunity to be heard in any hearing to be held with respect to a child in their care, except that no such person shall be made a party to the case by virtue solely of such notice and opportunity to be heard.

(b) After the filing of a petition when the petition alleges or evidence reveals to the court that a child may be a multiple needs child, and that previous plans developed by an agency, or agencies, have not met the needs of the child, the court, on its own motion or motion of a party or party's parent or guardian or upon motion of the Department of Youth Services, a school system, the Department of Human Resources, the Department of Public Health, the Department of Mental Health and Mental Retardation, or juvenile court probation services, may refer the child to the county children's services facilitation team for evaluation and review. This evaluation may occur prior to any hearing, or the court may suspend proceedings during the hearing or prior to disposition to review the findings and recommendations of the county children's services facilitation team.

(c) The parties shall be advised of their rights under law in their first appearance at intake and before the court. They shall be informed of the specific allegations in the petition and given an opportunity to admit or deny the allegations.

(d) If the allegations are denied, the court shall proceed to hear evidence on the petition. The court shall record its findings on whether or not the child is a dependent child or, if the petition alleges delinquency or in need of supervision, as to whether or not the acts ascribed to the child were committed by the child. If the court finds that the allegations in the petition have not been established, it shall dismiss the petition and order the child discharged from any detention or temporary care, theretofore ordered in the proceedings.

(e) If the 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, evidence of the commission of an act which constitutes a felony is sufficient to sustain a finding that the child is in need of care or rehabilitation. If the 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.

(f) If the court finds from clear and convincing evidence, competent, material, and relevant in nature, that the child is dependent and in need of care or supervision or from clear and convincing evidence, competent, relevant, and material in nature, that the child is in need of care or rehabilitation as a delinquent child or a child in need of supervision, or from clear and convincing evidence, competent, relevant, and material in nature that parental rights should be terminated, the court may proceed immediately, in the absence of objection showing good cause or at a postponed hearing, to make proper disposition of the case.

(g) If the court enters an order removing a child from his or her home or continuing a child in a placement outside of his or her home pursuant to this title, the order shall contain as specific findings, if warranted by the evidence, all of the following:

(1) That continuing the placement of a child in his or her home would be contrary to the best interests of the child.

(2) That reasonable efforts have been made to prevent or eliminate the need for removal of the child from his or her home, or that an emergency situation exists which requires the immediate temporary removal of the child from his or her home and that it is reasonable not to make efforts to prevent removal of the child from his or her home due to the emergency situation.

(3) That reasonable efforts have been made or will be made to reunite the child and his or her family, or that efforts to reunite the child and his or her family have failed.

(h) In disposition hearings all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value, even though not competent in a hearing on the petition. 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.

(i) A statement made by a child under the age of 12 describing any act of sexual conduct performed with or on the child by another, not otherwise admissible by statute or court rule, is admissible in all dependency cases brought by the State of Alabama acting by and through a local department of human resources if:

(1) The statement was made to a social worker, child sex abuse therapist or counselor, licensed psychologist, physician, or school or kindergarten teacher or instructor; and

(2) The court finds that the time, content, and circumstances of the statement provide sufficient indicia of reliability. In making its determination the court may consider the physical and mental age and maturity of the child, the nature and duration of the abuse or offense, the relationship of the child to the offender, and any other factor deemed appropriate.

A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party the proponent's intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to rebut the statement. This child hearsay exception applies to all hearings involving dependency including, but not limited to, the 72-hour hearing, the dependency hearing, and the disposition hearing.

(j) This exception contained herein shall not apply to a criminal proceeding or charge.

(k) On its own motion or that of a party, the court may continue the disposition hearing under this section for a reasonable period to receive reports and other evidence bearing on the disposition or need for care or rehabilitation. In this event, the court shall make an appropriate order for detention or temporary care for the child, or the child's release for detention or temporary care during the period of the continuance, subject to such conditions as the court may impose.

(l) A proceeding to allow a child to withdraw from school shall be commenced by petition. The petition shall be granted only upon a showing of good cause for withdrawal. No child shall be deemed incorrigible, in need of supervision, or unamenable to treatment based on the filing of the petition.

In the case of any child 14 years of age or older, where the court finds that the school officials have made a diligent effort to meet the child's educational needs and, after study, the court further finds that the child is not able to benefit appreciably from further schooling, the court may excuse the child from further compliance with any legal requirement of compulsory school attendance and authorize the child, notwithstanding the provisions of any other law, to be employed in any occupation which is not legally declared hazardous for children under the age of 18.

(m) As used in this chapter, "reasonable efforts" refers to efforts made to preserve and reunify families prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from the child's home, and to make it possible for a child to return safely to the child's home. In determining the reasonable efforts to be made with respect to a child, and in making such reasonable efforts, the child's health and safety shall be the paramount concern. If continuation of reasonable efforts is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made to place the child and to complete whatever steps are necessary to finalize the permanent placement of the child. Reasonable efforts shall not be required to be made where the parental rights to a sibling have been involuntarily terminated or where a court of competent jurisdiction has determined that a parent has done any of the following:

(1) Subjected the child to an aggravated circumstance, including, but not limited to, abandonment, torture, chronic abuse, substance abuse, or sexual abuse.

(2) Committed murder or voluntary manslaughter of another child of such parent.

(3) Aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child of such parent.

(4) Committed a felony assault which resulted in the serious bodily injury to the child or another child of such parent. The term "serious bodily injury" means bodily injury which involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

Nothing in the exceptions to making reasonable efforts listed in this subsection shall be interpreted to require the reunification of a child with a stepparent or paramour of a parent under similar circumstances.

(n) If reasonable efforts are not made with respect to a child as a result of a determination made by a court of competent jurisdiction in situations as described above, a permanency hearing, as provided in Section 12-15-62, shall be held for the child within 30 days after the determination. Reasonable efforts shall be made to place the child and to complete whatever steps are necessary to finalize the permanent placement of the child. Reasonable efforts to place a child for adoption or with a legal guardian or custodian may be made concurrently with other reasonable efforts.

(a) A child charged with a delinquent act or who is alleged tobe in need of supervision shall be accorded the privilege against self-incrimination.

(b) An extrajudicial statement which would be constitutionallyinadmissible in a criminal proceeding shall not be received in evidence overobjection. Evidence illegally seized or obtained shall not be received inevidence over objection to establish the allegations against him. An extrajudicialadmission or confession made by the child out of court is insufficient tosupport a finding that the child committed the acts alleged in the petition unless it is corroborated by other evidence.

(c) Criminal proceedings and other juvenile proceedings based uponthe offense alleged in the petition or an offense based upon the same conductare barred where the court has begun taking evidence or where the court hasaccepted a child's plea of guilty to the petition.

Continuances shall be granted by the court only upon a showing of good cause and only for so long as it is necessary, taking into account not only the request or consent of the prosecutor or of the child, but also the interest of the public in the prompt disposition of cases and whether the child is being detained.

(a) After a petition alleging delinquency, in need of supervision or dependency has been filed, the court may direct that a predisposition study and report to the court be made by probation services where the petition alleges that the child is delinquent or in need of supervision or by the Department of Human Resources when the petition alleges that the child is dependent concerning the child, his family, his environment and other matters relevant to the need for treatment or disposition of the case.

(b) Where there are indications that the child may be physically ill, mentally ill or mentally retarded, the court, on its own motion or motion by the prosecutor or that of counsel for the child, may order the child to be examined at a suitable place by a physician, psychiatrist, psychologist or other qualified examiner, under the supervision of a physician, psychiatrist or psychologist who shall certify such examiner's findings in writing, or an examiner approved by the Department of Mental Health prior to a hearing on the merits of the petition.

(c) The examinations made prior to hearing as provided for in subsection (b) of this section or as part of the study provided for in subsection (a) of this section shall be conducted on an outpatient basis unless the court finds that placement in a hospital or other appropriate facility is necessary.

(d) The court, after hearing, may order an examination as described in subsection (b) of this section of a parent or custodian who gives his consent and whose ability to care for or supervise a child before the court is in issue.

(a) For the purpose of carrying out the objectives and purposes of this chapter and subject to the limitations of this chapter or imposed by the court, a probation officer shall perform all of the following duties:

(1) Make investigations, reports, and recommendations to the juvenile court.

(2) Receive and examine complaints and allegations of delinquency, in need of supervision, or dependency of a child for the purpose of considering the commencement of proceedings under this chapter.

(3) Refer to the Department of Human Resources for investigations, reports, and recommendations those complaints and allegations of dependency or other appropriate matters and may refer to the Department of Human Resources for investigations, reports, and recommendations those complaints on children in need of supervision.

(4) Supervise and assist a child placed on probation or in his or her protective supervision or aftercare by order of the court or other authority of law.

(5) Make appropriate referrals to other private or public agencies of the community if their assistance appears to be needed or desirable.

(6) Make predisposition studies and submit reports and recommendations to the court as required by this chapter, except as provided in subdivision (3) of this subsection.

(7) Collect and compile statistical data and file such reports as may be required by the Administrative Director of Courts pursuant to subdivision (1) of Section 12-5-10. The reports may include, but shall not be limited to, statistical data, case studies, and research materials.

(8) Collect and compile data and file reports required by the Department of Youth Services.

(9) Perform other functions as are designated by this chapter or directed by the court.

(b) For the purposes of this chapter, a probation officer or representative of the Department of Human Resources, with the approval of the court, shall have the power to take into custody and place in shelter or detention care a child who is under his or her supervision as a delinquent, in need of supervision, or dependent when the probation officer or representative of the Department of Human Resources has reasonable cause to believe that the child has violated the conditions of his or her probation, aftercare, or terms of protective supervision or that he or she may flee from the jurisdiction of the court. A probation officer does not have the powers of a law enforcement officer with respect to a person who is not on probation or otherwise under his or her supervision.

(c) If a probation officer or representative of the Department of Human Resources takes a child into custody, he or she shall proceed as provided for in Section 12-15-58.

The juvenile court in its discretion may, either before or after hearing, cause any child within its jurisdiction to be given a physical or mental examination or both by a competent physician, psychiatrist, psychologist or other qualified examiner, under the supervision of a physician, psychiatrist or psychologist who shall certify to the examiner's findings in writing, or an examiner approved by the Department of Mental Health, to be designated by the court having jurisdiction of the child and the physician, psychiatrist, psychologist or mental examiner shall certify to the court the condition in which the child is found.

If upon such examination or upon procedure as provided in Section 12-15-90, the court has reason to believe that a minor or child is mentally ill or mentally retarded, as defined in this chapter, the court shall proceed in the manner set out in Section 12-15-90.

Upon examination, if it appears that the child is in need of surgery, medical treatment or care, hospital care or dental care, the court may cause the child to be treated by a competent physician, surgeon or dentist or placed in a public hospital or other institution for training or care or in an approved private home, hospital or institution, which will receive it for like purposes. The expense of such treatment shall be a valid charge against the county unless otherwise provided for.

The court may grant authority to order emergency medical care to any such person, agency or department charged with the detention, temporary shelter care or other care of a child within its jurisdiction.

(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. Class A felony;

b. A felony resulting in serious physical injury [as defined in subdivision (9) of Section 13A-1-2];

c. A felony involving physical force [subdivision (10) of Section 13A-1-2], or a deadly weapon [subdivision (11) of Section 13A-1-2], or a dangerous instrument [subdivision (12) of Section 13A-1-2]; or

(2) The child has been adjudicated delinquent for an act which would constitute a Class A or B felony or burglary in the third degree involving a residence and the child has previously been adjudicated delinquent of two previous acts which would have been a Class A or B felony or burglary in the third degree involving a residence if such acts had been committed by an adult.

(b) A child found to be a serious juvenile offender shall be committed to the custody of the Alabama Department of Youth Services, where he shall remain for a minimum of one year.

(c) A serious juvenile offender review panel shall be created by the Board of the Alabama Department of Youth Services. The serious juvenile offender review panel shall review quarterly the progress of each serious juvenile offender and determine at the end of the one year term served by each child, a further treatment plan for that child. The panel may extend the commitment, order alternative treatment or release the child. The serious juvenile offender review panel must provide the court with all reports and recommendations, and notify the judge in writing of the decision to release the child at least 30 days in advance of said release.

(d) The Alabama Department of Youth Services shall maintain and staff a separate, secure facility and implement programs for serious juvenile offenders. The minimum one year term required by this section shall be served at said facility and the review panel may extend the period of confinement in said facility as determined necessary.

(e) Nothing in this section shall be construed to prevent the juvenile court from transferring a child for criminal prosecution pursuant to Section 12-15-34.

(a) If a child is found to be dependent, the 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 parents, guardian, or other custodian of the child, subject to conditions and limitations as the court may prescribe.

(2) Place the child under protective supervision as herein provided or under the supervision of the Department of Human Resources.

(3) Transfer legal custody to any of the following:

a. The Department of Human Resources; provided, that the department is equipped to care for the child.

b. A local public child-placing agency or private organization or facility willing and able to assume the education, care, and maintenance of the child and which is licensed by the Department of Human Resources or otherwise authorized by law to receive and provide care for the child.

c. A relative or other individual who, after study by the Department of Human Resources, is found by the court to be qualified to receive and care for the child.

(4) Make any other order as the court in its discretion shall deem to be for the welfare and best interests of the child.

(5) In appropriate cases, award permanent custody to the Department of Human Resources or to a licensed child-placing agency with termination of parental rights and authorization to place for adoption, without appointing a legal guardian or guardian of the person, or award temporary custody to the same without appointing a legal custodian or guardian or guardian of the person.

(6) There shall be a rebuttable presumption that children cannot be removed from custody of parents solely because of a need for emergency housing.

(b) Unless a child found dependent shall also be found to be delinquent, the child shall not be committed to or confined in an institution established for the care and rehabilitation of delinquent children or detention facility. Nothing in this subsection shall be construed to prohibit the placement of dependent children in any other residential facility as defined in subdivision (22) of Section 12-15-1.

(c) If a child is found to be delinquent or in need of supervision, the court may make any of the following orders or dispositions for the child's supervision, care, and rehabilitation:

(1) Permit the child to remain with the parents, guardian, or other custodian of the child, subject to the conditions and limitations the court may prescribe.

(2) Place the child on probation under conditions and limitations the court may prescribe.

(3) Transfer legal custody to any of the following:

a. The Department of Youth Services, with or without a commitment order to a specific institution.

b. In the case of a child in need of supervision, the Department of Youth Services, or the Department of Human Resources.

c. A local, public, or private agency, organization, or facility willing and able to assume the education, care, and maintenance of the child and which is licensed or otherwise authorized by law to receive and provide care for children.

d. A relative or other individual who, after study by the probation services, is found by the court to be qualified to receive and care for the child.

(4) Make any other order as the court in its discretion shall deem to be for the welfare and best interests of the child, including random drug screens, assessment of fines not to exceed two hundred fifty dollars ($250), and restitution against the parent, guardian, or child, as the court deems appropriate. Costs for court-ordered drug screening may be ordered paid for by the state out of moneys appropriated as "court costs not otherwise provided for." Any costs for drug screening recouped by order of court for drug screening shall be paid to the State General Fund. Restitution against the parent, guardian, or child shall be governed by the same principles applicable in Article 4A of Chapter 18 of Title 15 (commencing at Section 15-18-65).

(5) Direct the parent or custodian of the child to perform such reasonable acts as are deemed necessary to promote the best interest of the child.

(6) In any case where a child is adjudicated delinquent for possessing a pistol, short-barreled rifle, or short-barreled shotgun, any pistol, short-barreled rifle, or short-barreled shotgun possessed by that child is forfeited and shall be ordered to be destroyed by the court.

(d) No child by virtue of a disposition under this section shall be committed or transferred to a penal institution or other facility used for the execution of sentences of persons convicted of a crime.

(e) No child found to be in need of supervision, unless also found to be delinquent, shall be committed to or placed in an institution or facility established for the care and rehabilitation of delinquent children unless the court finds upon a further hearing that the child is not amenable to treatment or rehabilitation under any prior disposition or unless the child is again alleged to be a child in need of supervision and the court, after hearing, so finds.

(f) When a delinquent child is committable to an institution or agency for the mentally retarded or mentally ill, the court shall proceed as provided in Section 12-15-70 rather than committing to an institution or facility for the care and rehabilitation of delinquent children.

(g) Whenever the court vests legal custody in an agency or department, it shall transmit with the order copies of the clinical reports, predisposition study, and other information it has pertinent to the care and treatment of the child.

(h)(1) Regardless of the nature of the petition or allegation, when evidence is presented to the court that a child is at imminent risk of an out-of-home placement or a placement in a more restrictive environment as a result of the conditions of emotional disturbance, behavior disorder, mental retardation, mental illness, dependency, chemical dependency, education deficits, lack of supervision, delinquency, physical illness or disability, or any combination thereof, and if such conditions require the services of two or more agencies pursuant to Section 12-15-1(19), the juvenile court shall refer the child to the county children's services facilitation team for assessment and recommendations unless a current facilitation team plan is available to the court. Within 21 days of receipt of the referral, the county children's services facilitation team shall present to the court a preliminary plan of services addressing the needs of the child and the respective responsibilities of agencies composing this team. Upon receipt of these preliminary recommendations, the juvenile court may adjudge the child as a "multiple needs child" and in accordance with the county children's services facilitation team plan, unless the court finds it not in the best interest of the child, order the use of any dispositional alternative or service available for dependent or delinquent children or children-in-need-of-supervision, children who are emotionally disturbed, mentally retarded, or mentally ill, or children who need specialized educational services, or children who need health services, or any combination thereof. The county children's services facilitation team shall be responsible for developing a final service plan which shall be filed with the court. The member agencies shall be responsible for the implementation of any ordered service plan. The court may, on its own motion, or on motion of a party, a party's parent or guardian, or a member of the county or state children's services facilitation team, set additional hearings.

(2) No child, unless alleged or adjudicated delinquent, may be placed in detention facilities established primarily for delinquents.

(3) The juvenile court shall determine the appropriate custodial entity, based on the child's characteristics of behavior and type of treatment needed and in accord, as far as possible, with the provisions of this chapter for vesting legal custody in an entity, person, or department of a child determined to be dependent, in need of supervision, delinquent, mentally ill, or mentally retarded. Nothing in this subsection, however, shall require an order of commitment for a child to (i) receive services or (ii) be placed in the custody of a state agency or department as an adjudicated multiple needs child. It shall be the duty of probation services, and the Departments of Education, Youth Services, Mental Health and Mental Retardation, Public Health, and Human Resources to provide services both at an in-home, community, or residential setting for multiple needs children when ordered by the court.

(4) The juvenile court may appoint a guardian ad litem for a multiple needs child.

(5) The provisions of subdivisions (h)(1), (2), (3), and (4) which require new or additional services beyond those already provided by the agencies are mandated only to the extent that additional funds are appropriated to the State Multiple Needs Children Fund to implement its provisions. The Departments of Human Resources, Mental Health and Mental Retardation, Youth Services, and Education along with juvenile probation services shall develop a program of services for multiple needs children. Nothing in the provisions relating to multiple needs children shall prohibit or restrict departments or agencies charged with the duty of providing services for children and families from working cooperatively and providing financial assistance to address needs which have been identified prior to a case being referred to a children's services facilitation team.

(i) When a child is placed in the custody of the Department of Human Resources, Department of Mental Health and Mental Retardation, or Department of Youth Services and when the parents or guardians have resources for child support, the juvenile court shall order child support in conformity with the child support guidelines as set out in Rule 32, Alabama Rules of Judicial Administration. The child support shall be paid to the agency in whose primary custody the child is placed and may be expended for those matters that are necessary for the welfare and well-being of those children placed in the agencies. In these cases, the court shall issue income withholding orders subject to state law. Any petition for custody of a child filed by the Department of Human Resources shall contain a request for child support.

(j) Whenever the court commits a child to a state or local agency or orders a state or local agency to provide services or treatment for a child, that agency shall accept the child for commitment, ordered services, or treatment within seven days of the court's order. However, if compliance with the court's order within seven days would place an agency in violation of either a state statute or standard, then compliance is not required.

(k) When the court finds a juvenile to be delinquent and commits the juvenile to a juvenile detention facility, boot camp, or to the Department of Youth Services, but the juvenile detention facility, boot camp, or the Department of Youth Services is unable to take the juvenile due to a lack of space and the juvenile in enrolled in public school, unless good cause is shown that the juvenile should not attend an alternative school, the court shall order that the juvenile attend an alternative school if an alternative school is available pending availability of space at the facility.

(l) After completion of a term of commitment with the Department of Youth Services and when the juvenile is admitted back into public school, the juvenile shall be placed in an alternative school until such time when he or she meets all requirements set by the local board of education.

(m) When a court, upon holding a hearing pursuant to Section 12-15-34, orders a juvenile case to be transferred to the circuit court for criminal prosecution and the juvenile is enrolled in public school, unless good cause is shown that the juvenile should not attend an alternative school, the court shall order that the juvenile attend an alternative school if an alternative school is available until disposition of the criminal charges in the circuit court. If the criminal charges result in conviction and the juvenile is sentenced to a term of imprisonment in a penal facility, then the juvenile shall remain in an alternative school pending the serving of the sentence. After completion of the sentence or if the juvenile is convicted but not sentenced to a term of imprisonment in a penal facility, when the juvenile is admitted back into school, the juvenile shall remain in an alternative school until such time as he or she meets the requirements set by the local board of education.

(n) The juvenile court is authorized to release the order referred to in subsections (k), (l), and (m) to the appropriate local school board where the public school or public schools in which the juvenile attempts to enroll are located. No hearing pursuant to Section 12-15-100 governing the confidentiality of juvenile records is required to release the order to the school board.

(o)(1) If a juvenile age 16 or over is enrolled in school and is charged with a crime pursuant to Section 12-15-34.1, or is charged with distribution of a controlled substance, then upon notice or knowledge of the charge, the local public school system shall assign the juvenile to an alternative school, if an alternative school is available, unless good cause is shown that the juvenile should not attend an alternative school. The decision to assign a student to an alternative school shall include a review and consideration of the exceptional status of the student pursuant to Chapter 39 of Title 16, if applicable, and any appropriate federal and state statutory and case law.

(2) Any person convicted of a crime specified in subdivision (1) and readmitted to the public schools of this state shall attend an alternative school until the juvenile meets the requirements set by the local board of education.

(a) An order of disposition or other adjudication in proceedings under subsection (a) of Section 12-15-30 shall not be considered to be a conviction or impose any civil disabilities ordinarily resulting from a conviction of a crime or operate to disqualify the child in any civil service application or appointment.

(b) The disposition of a child and evidence given in a hearing in the court shall not be admissible as evidence against him in any case or proceeding in any other court whether before or after reaching majority, except in a disposition hearing in a juvenile court or in sentencing proceedings after conviction of a crime for the purposes of a presentence study and report.

In any proceeding commenced under this chapter, on application of a party or the court's own motion, the court may make an order restraining the conduct of any party over whom the court has obtained jurisdiction, if:

(1) An order of disposition of a delinquent or dependent child or a child in need of supervision has been made in a proceeding under this chapter;

(2) The court finds that the person's conduct is or may be detrimental or harmful to the child and will tend to defeat the execution of the order of disposition made; and

(3) Notice of the application or motion and the grounds therefor and an opportunity to be heard thereon have been given to the person against whom the order is directed.

(a) At any time prior to expiration, an order vesting legal custody or an order of probation or protective supervision made by the 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 person, requesting the court for a modification or termination of the order, alleging that he is no longer in need of commitment, probation or protective supervision and the department, institution, agency or person has denied application for release of the child or has failed to act upon the application within a reasonable time; or

(2) A department, institution, agency or person vested with legal custody or responsibility for probation or protective supervision, requesting the court for an extension of the order on the grounds that such action is necessary to safeguard the welfare of the child or the public interest.

(b) The court may dismiss the motions filed under subsection (a) of this section if, after preliminary investigation, it finds that they are without substance. If it is of the opinion that the order should be reviewed, it may, upon due notice to all necessary parties as prescribed by rules of court, proceed to a hearing in the same manner and under the same safeguards provided for in this chapter for the issuance of the original order. It may thereupon terminate the order if it finds the child is no longer in need of care, supervision or rehabilitation or it may enter an order extending or modifying the original order if it finds such action necessary to safeguard the child or the public interest.

(a) A child on probation incident to an adjudication as a delinquent or child in need of supervision who violates the terms of his probation or aftercare or a child under protective supervision who fails to conform to the terms of his protective supervision may be proceeded against for a revocation of such order.

(b) A proceeding to revoke probation, aftercare or protective supervision shall be commenced by the filing of a petition entitled "petition to revoke probation," "petition to revoke aftercare" or "petition to revoke protective supervision." Except as otherwise provided, such petitions shall be screened, reviewed and prepared in the same manner and shall contain the same information as provided in Sections 12-15-50 and 12-15-52. The petition shall recite the date that the child was placed on probation, aftercare or under protective supervision and shall state the time and manner in which notice of the terms of probation, aftercare or protective supervision was given.

(c) Probation, aftercare or protective supervision revocation proceedings shall require clear and convincing evidence. In all other respects, proceedings to revoke probation, aftercare or protective supervision shall be governed by the procedures, safeguards and rights and duties applicable to delinquency, in need of supervision and dependency cases contained in this chapter.

(d) If a child is found to have violated the terms of his probation or aftercare pursuant to a revocation hearing, the court may extend the period of probation or aftercare or make any other order of disposition specified for a child adjudicated delinquent or in need of supervision. If a child is found to have violated the terms of his protective supervision pursuant to a revocation hearing, the court may extend the period of protective supervision or may make any order of disposition specified for a child adjudicated dependent.

In any proceeding arising under subdivision (1) of Section 12-15-31, the court, with the consent of the defendant, may make a preliminary investigation and such adjustment as is practicable, without prosecution. The procedure and disposition applicable in the trial of such cases in a criminal court shall be applicable to trial in the juvenile court.

The prosecutor shall prepare and prosecute any case within the purview of Section 12-15-31. Where, in his opinion, it is necessary to protect the welfare of the persons before the court, the judge, with the consent of the defendant and the parties in interest, may conduct hearings in chambers and may exclude persons having no direct interest in the case.

In addition to all other current requirements for investigating and reporting child abuse and neglect, law enforcement agencies shall investigate complaints alleging offenses committed against children by alleged out-of-home perpetrators. The Department of Human Resources shall cooperate with law enforcement agencies in interviewing the alleged abused children.

(a) The court, at any stage of a proceeding under this chapter, may appoint a guardian ad litem for a child who is a party to the proceeding if he has no parent or guardian or custodian appearing on his behalf or their interests conflict with those of the child. A party to the proceeding or his employee or representative shall not be so appointed.

(b) The court, in any proceeding under this chapter, shall appoint a guardian of the person for a child in any case where it finds that the child does not have a natural or adoptive parent in a position to exercise effective guardianship or a legally appointed guardian of his person. No officer or employee of a state or local public agency or private agency which is vested with legal custody of a child shall be appointed guardian of the person of the child, except when parental rights have been terminated and the agency has been authorized to place the child for adoption.

Whenever legal custody of a child is vested in someone other than his parents, after due notice to the parents or other persons legally obligated to care for and support the child and after a hearing, the court may order that the parent or other legally obligated person shall pay in such manner as the court may direct a reasonable sum that will cover in whole or in part the support and treatment of the child after the order is entered and including support, treatment, costs and legal fees from the commencement of the proceeding.

If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against him for contempt or the order may be filed and shall constitute a civil judgment.

(a) The state, any county or municipality or any governmental 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 other person standing in loco parentis, may petition to have any minor or child, as defined in this chapter, committed to the custody of the State Department of Mental Health and Mental Retardation on the basis that such minor or child is mentally ill or mentally retarded and as a consequence of such mental illness or mental retardation poses a real and present threat of substantial harm to himself or to others.

Such petition shall be verified and filed in the county in which such minor or child is located, petitioning the court to commit such minor or child to the custody of the State Department of Mental Health and Mental Retardation.

(b) When any such petition is filed, the 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.

If it appears from the face of the petition or from the testimony of the petitioner that the petition is totally without merit, the court may order the petition dismissed without further proceedings.

(c) Service of the petition upon the minor or child sought to be committed and upon his parents and other persons having legal responsibility shall be as provided in this chapter for service on minors and children generally or as otherwise provided by rule promulgated by the supreme court.

(d) (1) When any child or minor against whom a petition has been filed seeking to commit such child or minor to the custody of the Department of Mental Health and Mental Retardation is initially brought before the court, the court shall read the petition to such minor or child and to his parents, guardian and counsel, and inform such persons orally and in writing of the date, time and place of the next hearing to be held in regard to such minor or child, the purpose of such hearing, the rights of such child or minor at such hearing and the possible consequences of such hearing.

(2) The court shall ascertain the need for and ability to pay an attorney to represent the minor or child and shall appoint an attorney or guardian ad litem as in other proceedings under this chapter. No statement made or act done by such minor or child in the presence of the court prior to such minor or child obtaining the services of an attorney, by appointment or otherwise, shall be considered by the court in determining if such minor or child should be committed to the custody of the State Department of Mental Health and Mental Retardation.

(3) Notice of the filing of a petition under this section and of the date of final hearing shall be given to the State Department of Mental Health and Mental Retardation as provided by rules promulgated by the supreme court. Said notice shall constitute an application for admission to a facility maintained, operated or under the supervision and control of the Department of Mental Health and Mental Retardation.

Not less than 24 hours prior to the final hearing, said mental health department shall notify the district court whether adequate facilities are available for the minor or child and to which facility the minor or child should be sent if the district judge should determine that such minor or child is to be committed. No person shall be accepted if the facility does not have adequate facilities available or if acceptance would result in an overcrowded condition.

(e) At such time as a minor or child sought to be committed is first brought before the court, the court shall determine what limitations, if any, shall be placed upon such minor or child's liberty pending further hearings. No limitations shall be placed upon such minor or child's liberty unless such limitations are necessary to prevent such minor or child from doing substantial harm to himself or to others or to prevent such minor or child from leaving the jurisdiction of the court.

No such minor or child shall be placed in a juvenile detention facility or jail or other facility for persons accused of or convicted of committing crimes unless such minor or child poses a real and present threat of harm to himself or others and no other facility is available to safely detain such minor or child.

The court shall order such minor or child to appear at the times and places set for hearing the petition and may order and require the minor or child to appear at designated times and places to be examined by medical doctors or mental health professionals.

(f) If the district court shall find it necessary to temporarily confine or restrain any minor or child, pending final hearing on a petition for commitment, in the custody of any person or persons or agency other than his parent or parents or legal guardian, the court at the time such restraint or confinement is ordered shall set the petition for hearing within seven days to determine if probable cause exists that such minor or child should be committed.

Upon a finding of probable cause that such minor or child should be committed, the court shall enter an order so stating and setting the date, time and place of the hearing on the merits of such petition.

At such probable cause hearing the court shall determine if it is necessary to continue the restraint or confinement pending final hearing.

The final hearing shall be held on the merits of such petition within 30 days of the date that such minor or child was served with a copy of the petition seeking to commit such minor or child.

(g) At all hearings conducted in relation to a petition to commit any minor or child to the custody of the State Department of Mental Health and Mental Retardation, the following rules shall apply:

(1) The minor or child sought to be committed shall be present, unless prior to the hearing the attorney for such minor or child has filed in writing a waiver of the presence of such minor or child on the ground that the presence of such minor or child would be dangerous to such person's physical or mental health or that such minor or child's conduct could reasonably be expected to prevent the hearing from being held in an orderly manner and the court has determined from evidence that the waiver should be granted and has entered an order approving the waiver.

(2) The minor or child sought to be committed shall have the right to compel the attendance of and offer the testimony of witnesses, to be confronted with the witnesses in support of the petition and to cross-examine them and to testify in his own behalf, but no such minor or child shall be compelled to testify against himself.

(3) The court shall cause the hearing to be recorded stenographically, mechanically or electronically and shall retain such recording for a period of not less than three years from the date the petition is denied or granted and not less than the duration of any commitment pursuant to such hearing.

(4) All hearings shall be heard by the court without a jury, and the persons who may be present shall be as provided for in subsection (a) of Section 12-15-65.

(h) An attorney representing the state, any county or municipality or the Department of Youth Services or the Department of Human Resources or an attorney representing the person or persons filing a petition to have a minor or child committed may serve as the advocate in support of the petition to commit in all matters in regard to a petition to commit.

(i) At the final hearing upon a petition seeking to commit a minor or child to the custody of the Department of Mental Health and Mental Retardation on the basis that he is mentally ill, the court may grant the petition if substantial evidence proves that:

(1) The minor or child sought to be committed is mentally ill; and

(2) As a consequence of the mental illness, the minor or child poses a real and present threat of substantial harm to himself or to others; and

(3) The threat of substantial harm has been evidenced by a recent overt act; and

(4) Treatment is available for the minor's or child's mental illness or that confinement is necessary to prevent the minor or child from causing substantial harm to himself or to others; and

(5) Commitment is the least restricting alternative necessary and available for treatment of the minor's or child's illness. Upon such findings, the court shall enter an order setting forth the findings and may order the person committed to the custody of the State Department of Mental Health and Mental Retardation.

(j) At the final hearing upon a petition seeking to commit a minor or child to the State Department of Mental Health and Mental Retardation on the basis that he is mentally retarded, the court may grant the petition if substantial evidence proves that:

(1) The minor or child sought to be committed is mentally retarded; and

(2) The said mentally retarded minor or child is not borderline or mildly retarded. For the purposes of making this determination, the following definitions shall apply:

A borderline retarded person is an individual who is functioning between one and two standard deviations below the mean, and the mildly retarded person is an individual who is functioning between two and three standard deviations below the mean on a standardized intelligence test such as the Stanford Binet scale and on measures of adaptive behavior such as the American Adaptive Behavior scale; and

(3) The minor or child, if allowed to remain in the community, is likely to cause serious injury to himself or others, or that adequate care, rehabilitation and training opportunities are available only at a facility provided by the department of mental health and mental retardation.

Upon such findings, the court shall enter an order setting forth the findings, and may order the minor or child committed to the custody of the State Department of Mental Health and Mental Retardation.

(k) Any minor or child committed to the custody of the Department of Mental Health and Mental Retardation who, in the judgment of the Commissioner of Mental Health and Mental Retardation, has gained maximum benefit from institutional treatment or is no longer in need of the services of the Department of Mental Health and Mental Retardation or has gained maximum benefit from the programs of the Department of Mental Health and Mental Retardation shall be discharged from the custody of the Department of Mental Health and Mental Retardation and shall not be received again by the Department of Mental Health and Mental Retardation under the original commitment order unless deemed appropriate by a court of proper jurisdiction holding a subsequent hearing.

(l) The Department of Mental Health and Mental Retardation shall notify the committing court in writing at least 10 days in advance of the release. The committing court, at the time of release, shall then invest custody in a party or state agency which the court deems suitable.

(m) The court committing any minor or child to the custody of the State Department of Mental Health and Mental Retardation shall retain jurisdiction over such minor or child concurrently with the district court of the county in which the minor or child is subsequently located for so long as the minor or child is in the custody of the Department of Mental Health and Mental Retardation.