Overview.
Every Alabama County has a
juvenile court. Juvenile court jurisdiction may be
exercised by the district or circuit court.
Proceedings before the juvenile court judge and
juvenile court records are confidential (not open to
the public). There are no jury trials in juvenile
court.
A delinquent is a child under the age of 18 who
has committed an offense which, if the individual
were an adult, would be considered a crime (see
exceptions to juvenile court's jurisdiction). A
dependent is a child who is orphaned, neglected, or
abused and in need of care. Child in Need of
Supervision (CHINS) is one who has committed an act
which, if that child were an adult, would not be
considered a crime but is in need of care or
rehabilitation, such as one who is habitually
truant, disobedient to parents, or is a runaway.
There are some cases which the juvenile court
cannot hear even if the individual is under the age
of 18. The juvenile court does not have jurisdiction
over juveniles 16 years of age or older charged with
traffic offenses, except for driving under the
influence (DUI) cases, or juveniles
16 years of age or older charged with any of the
following offenses, which, if they were committed by
an adult, would be: (1) a capital offense; (2) a
Class A felony; (3) a felony which has an element of
the offense the use of a deadly weapon; (4) a felony
which has an element the causing of death or serious
physical injury; (5) a felony which involves the use
of a dangerous instrument against certain officials
or persons; and (6) trafficking in drugs.
1How does a Juvenile Case Begin?
Any individual, including a law enforcement
officer, parent, relative, or neighbor, who has
knowledge that a juvenile has committed a delinquent
act, is in need of supervision, or is dependent may
file a complaint with the juvenile court.
What Happens After a Complaint is Filed?
A juvenile intake (probation) officer reviews the complaint to ensure that it is sufficient and decides whether a formal petition will be filed with the court. The intake officer will also notify the parents of the child's whereabouts if the child is detained. The intake officer will advise the child and the parents of their rights, including the right to have an attorney present at all proceedings.
The intake officer then decides whether or not
the child should be released to the custody of his
or her parents or placed in a licensed juvenile
detention facility or, in the case of dependency and
CHINS cases, placed in the care of
the Department of Human Resources under what is
called "shelter care".
Parents or guardians of a child may be made
parties in all juvenile court actions, which means
that a parent or guardian may be required to pay
attorney fees, fines, court costs, restitution and
other costs and/or carry out certain activities
which the court deems is in the best interest of the
child, such as participating in counseling.
If a Child is Detained, When Will a Hearing be Held?
A hearing must be held within seventy-two (72) hours. At this hearing, the juvenile judge will determine whether the child should remain in detention or in shelter care or be released to the custody of his or her parents or guardians.
What Does the Term "Informal" Adjustment
Mean?
If there is sufficient evidence to bring the
child within the jurisdiction of the court, the
intake officer may withhold the filing of a formal
petition with the court and, with the consent of the
child and parents or custodian, may attempt to make
a satisfactory "informal adjustment". Under an
informal adjustment, the juvenile and parents or
custodian must consent to counseling by an intake
officer, or other appropriate persons which can
include the juvenile judge. The juvenile and parents
or custodian may consent to the temporary placement
of the juvenile with persons other than the parent
or custodian for a period not to exceed six months.
The intake officer has the option of (1)
terminating the informal adjustment process and
dismissing the child without further proceedings; or
(2) terminating the informal adjustment process and
filing a petition in the court if the child or the
parents or custodian declines to participate further
in the process; if the child fails to attend
scheduled conferences; or if the intake officer is
apprised of additional information which makes it
appear that further efforts at informal adjustment
would not be in the best interest of the juvenile or
society
What is a Consent Decree?
At any time after the filing of a petition in a
delinquency or child in need of supervision case,
and before the entry of an order adjudicating the
child delinquent or a CHINS, the juvenile court may
suspend proceedings and allow the child, to be
supervised under certain conditions known as a
consent decree. The consent decree is an agreement
between the juvenile, the parents or custodian, and
the judge which may be entered into after the child
and parents (or custodians) have been advised of
their rights. The proceedings of the court are
suspended, and the juvenile is placed on probation
for a period of six months under terms and
conditions agreed upon by all parties.
If the juvenile fails to abide by the terms and
conditions of the consent decree, the petition will
be reinstated and the case will proceed to
adjudication.
If a consent decree is not entered into by all the
parties, including the child, the juvenile case will
be set for an adjudicatory hearing.
What Happens at a Juvenile Trial?
All juvenile proceedings are closed to the public
and adjudicatory hearings are heard by a judge
without a jury. Present at the hearing will be the
judge; the juvenile; the juvenile's defense
attorney; the juvenile's parents, guardian, or
custodian; the district attorney who will represent
the state; the victims of the offense with which the
juvenile is charged; the juvenile probation officer;
in dependency cases, a representative of the
Department of Human Resources; and any other party
approved by the juvenile court judge.
What Happens in Delinquency and CHINS Cases?
At the beginning of the hearing, the juvenile
judge will ask whether counsel for the juvenile and
parents or custodian have explained the contents of
the petition alleging the offense(s) with which the
juvenile is charged, what to expect from the
adjudicatory hearing, and the rights of the parties.
The judge will ask the juvenile whether he or she
admits or denies all or some of the allegations in
the petition. An admission of the allegations is
similar to a plea of "guilty" and a denial is
similar to a plea of "not guilty."
If the juvenile denies allegations of the petition,
the hearing will continue and the testimony of
witnesses will be taken. At the close of the hearing
the judge will find that either:
- the facts in the petition are true and the
child is delinquent or in need of supervision,
or - the facts are not true and the petition will be dismissed.
What Happens After the Juvenile has been
found to be Delinquent or in need of Supervision?
The court will hold what is called a
"disposition hearing." In delinquency and in need of
supervision cases, the court may require the
juvenile to perform community service, place the
juvenile on probation, and/or require the juvenile
to pay restitution. The juvenile may also be
committed to the Department of Youth Services. After
evaluating the juvenile, the Department will
establish an individual service plan which must be
completed before the juvenile is released. An order
of disposition or other adjudication shall not be
considered a conviction.
What Happens When the Court finds the Child to be a
Serious Juvenile Offendor?
The judge may find a child to be a "serious
juvenile offender" if the child has been adjudicated
a delinquent and the delinquent acts(s) if committed
by an adult, would constitute a Class A felony, a
felony resulting in a serious physical injury, a
felony involving physical force, a deadly weapon, or
a dangerous instrument.
A "serious juvenile offender" is required to spend a
minimum of one year in a Department of Youth
Services facility. A review panel will review the
juvenile's progress quarterly and may, at the end of
the one year term, extend the term of commitment at
the facility, order alternative treatment, or
release the child.
What Happens When a Child is Determined to
be a Multiple Needs Child?
Sometimes a juvenile court will receive
information that a child is at risk of being placed
in a more restrictive environment because of a
behavioral disorder, educational deficit, emotional
disturbance, mental retardation, an addiction to
alcohol or drugs, physical illness, or some other
disability which hampers the child in functioning
normally and which requires the services of two or
more agencies, such as the Department of Youth
Services, Department of Human Resources, the
Department of Mental Health and Mental Retardation,
or special education.
In these cases, the juvenile judge will refer the
child to the "County Children's Services
Facilitation Team," who will evaluate the child and
determine which services the child needs. Once this
preliminary evaluation is completed and it is
determined that the child needs the services of two
or more agencies, the court may adjudge the child a
"Multiple Needs Child" and refer the child back to
the Team for a " final service plan," outlining the
services to be provided in the best interests of the
child.
What Happens in Dependency Cases?
All incidents of suspected child abuse and neglect and other cases of dependency should be reported to the Department of Human Resources which investigates the reports. If necessary, legal action will be taken to protect the child.
What Action may be Taken to Protect the Child?
The Department of Human Resources may remove the
child from the family and assume temporary custody.
Within seventy-two (72) hours of the pick-up, a
petition must be filed with the court and a shelter
care hearing will be held to determine the
disposition which should be made of the child's
pending trial of the case. Custody may remain with
the Department of Human Resources and the child may
be transferred to a shelter home, or he or she may
be released to the parents or another custodian.
A dependency hearing or trial will be held to
determine if the child's custody should be returned
to the parents. If the court determines that the
child should not be returned to the parents, the
child may be made a ward of the state and placed in
foster care.
In all dependency cases where the custody of the
child is placed with the Department of Human
Resources or other foster care, hearings will be
held periodically to review the custody issue. The
objective is to achieve a permanent placement for
the child as soon as possible. This may include
terminating parental rights and putting the child up
for adoption.
When are Juvenile Cases Transferred to the Criminal Court?
When a juvenile 14 years of age or older commits
an act which would constitute a felony if it were
committed by an adult, the district attorney may
petition the juvenile court to transfer the youth to
the adult court for criminal prosecution. If, after
hearing all the evidence, the juvenile court finds
that there is probable cause for believing that the
allegations against the youth are true, the court
may grant a motion to transfer the case to criminal
court.
Alabama law provides that once a juvenile is
transferred to adult court for criminal prosecution
and convicted in the adult court, the juvenile
court's jurisdiction over the child with respect to
any pending or subsequent delinquent acts is
terminated. In other words "once transferred and
convicted, always transferred.
Does a Juvenile have a Right to Appeal?
Yes. Any aggrieved party may appeal a decision of
the juvenile court. A notice of appeal must be filed
with the clerk of the juvenile court within 14 days
from the date of judgment.
Information herein was obtained from
www.juv.alacourt.gov
