Section 12-15-215 - [Effective 10/1/2024] Disposition of delinquent children or children in need of supervision generally(a) If the juvenile court finds on proof beyond a reasonable doubt, based upon competent, material, and relevant evidence, that a child committed the acts by reason of which the child is alleged to be delinquent or in need of supervision, the court may proceed immediately to hear evidence as to whether the child is in need of care or rehabilitation and record its findings . In the absence of evidence to the contrary, a finding that the child has committed a felony is sufficient to sustain a finding that the child is in need of care or rehabilitation.(b) If the juvenile 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.(c) If the juvenile court finds that the child is in need of care or rehabilitation, it may order any of the following , subject to the limitations and prohibitions on secure custody contained in Section 12-15-208: (1) That the child shall remain with the parent, legal guardian, or legal custodian , subject to the conditions and limitations prescribed by the juvenile court .(2) That the child shall be placed on probation pursuant to conditions and limitations prescribed by the juvenile court .(3) That the legal and physical custody of the child shall be transferred to any of the following: a. In the case of a delinquent child, the Department of Youth Services, with or without an 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. The child's commission of one or more status offenses shall not constitute a sufficient basis for transfer of legal or physical custody to the Department of Human Resources. 1. Prior to any transfer of custody to the Department of Human Resources, the case shall first be referred to the county children's services facilitation team, which must proceed according to Article 5.2. Upon referral to the county children's services facilitation team pursuant to subparagraph 1., the juvenile probation officer shall continue to provide case management to the status offender unless the county children's services facilitation team appoints another person to act as case manager.3. The juvenile probation officer shall participate in county children's services facilitation team meetings and share records, information, and reports on the status offender with the county children's services facilitation team.c. A local, public, or private agency, organization, or facility that is licensed or otherwise authorized by law to receive and provide care for children and willing and able to assume the education, care, and maintenance of the child .d. A relative or other individual who is found by the juvenile court to be qualified to receive and care for the child during the term of supervision.(4) The parent, legal guardian, or legal custodian of the child perform reasonable acts as are deemed necessary to promote the best interests of the child.(5) Any other order the juvenile court determines to be appropriate 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, legal guardian, legal custodian, or child. Costs for juvenile court-ordered drug screening may be ordered to be paid for by the state out of monies appropriated as "court costs not otherwise provided for." Restitution against the parent, legal guardian, or legal custodian shall be governed by the same principles applicable in the Restitution to Victims of Crime Act, commencing with Section 15-18-65. Restitution against the child shall be governed by the same principles applicable in Rule 26.11 of the Alabama Rules of Criminal Procedure. (d) In any case where a child is adjudicated delinquent for possessing a pistol, short-barreled rifle, or short-barreled shotgun, the pistol, short-barreled rifle, or short-barreled shotgun possessed by that child shall be forfeited and the juvenile court shall order its destruction.(e) When the juvenile court transfers legal and physical custody of a child to the Department of Human Resources as provided by paragraph (c)(3)b., all requirements that shall be met for a child to be eligible for federal funding shall apply, including, but not limited to, the requirements set out in Sections 12-15-312, 12-15-315, and 12-15-317.(f) No child by virtue of a disposition pursuant to 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.(g) No child in need of supervision, unless also a delinquent child, shall be ordered to be placed in an institution or facility established for the care and rehabilitation of delinquent children unless the juvenile probation officer submits a written recommendation and the juvenile court , upon a further hearing, finds that the child is not amenable to treatment or rehabilitation pursuant to any prior disposition. In making its determination, the juvenile court shall consider evidence of the following and other relevant factors, which shall be included in the written recommendations of the juvenile probation officer: (1) Prior treatment efforts, including, but not limited to, any mental health counseling, individualized service plans, individualized education plans, and other education records. (2) The age of the child.(3) The history of the child's involvement with the juvenile court, including, but not limited to, informal adjustments, consent decrees, adjudications, prior diversion programs, and prior placements.(4) Other factors contributing to the behavioral difficulties of the child. (h) When a delinquent child meets the criteria for commitment to the Department of Mental Health, the juvenile court shall proceed as provided in Article 4.(i) When the juvenile court issues an order transferring legal custody of a child to the Department of Youth Services, within 10 business days of the date the order is input into the State Judicial Information System pursuant to Rule 58(c) of the Alabama Rules of Civil Procedure, a juvenile probation officer shall send a copy of the order and the information required by Rule 950-2-2 -.01 of the Alabama Administrative Code regarding the care and treatment of the child. Upon receipt of the order and information provided by the juvenile probation officer, if the child is detained in a juvenile detention facility, the Department of Youth Services shall notify the county commission responsible for the cost of the detention of the child that legal custody of the child has been transferred to the Department of Youth Services.(j) When a child is placed in the legal custody of a department, agency, organization, entity, or person as provided in this section, and the parent, legal guardian, or legal custodian of the child has 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 department, agency, organization, entity, or person in whose legal custody the child is placed and may be expended for those matters that are necessary for the welfare and well-being of the child. In these cases, the juvenile court shall issue income withholding orders subject to state law.(k)(1) When the juvenile court issues an order transferring legal custody to the Department of Youth Services, the Department of Youth Services shall accept the child for commitment within 12 business days of receipt of the order and the information required by Rule 950-2-2 -.01 of the Alabama Administrative Code.(2) Notwithstanding subdivisions (1) and (4), if compliance with the order of the juvenile court would place the Department of Youth Services in violation of a state or federal statute or standard, the department may choose not to accept the child.(3) If the Department of Youth Services does not accept the child within the prescribed number of days as provided in subdivision (1) or (4), the Department of Youth Services shall reimburse the county commission responsible for the cost of the detention of the child for expenses incurred by the county each day after the day the Department of Youth Services is required to accept the child for commitment, including, but not limited to, medical, dental, and mental health costs.(4) Notwithstanding subdivisions (1) through (3), between October 1, 2024, and September 30, 2025, when the juvenile court issues an order transferring legal custody to the Department of Youth Services, the Department of Youth Services shall accept a child for commitment within 16 business days of receipt of the order and information required by Rule 950-2-2 -.01 of the Alabama Administrative Code regarding the care and treatment of the child.Ala. Code § 12-15-215 (1975)
Amended by Act 2024-305,§ 1, eff. 10/1/2024.Acts 1975, No. 1205, p. 2384, §5-131; Acts 1990, No. 90-674, p. 1304, §12; Acts 1991, No. 91-553, p. 1021, §(1), (2); Acts 1993, No. 93-256, p. 367, §1; Acts 1996, No. 96-570, p. 864, §1; Acts 1996, No. 96-769, p. 1355, §§1, 2; Acts 1997, No. 97-621, p. 1087, §1; §12-15-71; amended and renumbered by Act 2008-277, p. 441, §14.This section is set out more than once due to postponed, multiple, or conflicting amendments.