An Overview of Juvenile Court Proceedings Involving the Department of Human Resources
| Publication year | 2019 |
| Pages | 0196 |
Introduction
The purpose of the Alabama Juvenile Justice Act of 20081 (the Act), which became effective January 1, 2009, is "to facilitate the care, protection, and discipline of children who come under the jurisdiction of the juvenile court."2 One of the goals of the Act is preserving and strengthening the family of the child whenever possible, or removing the child from the custody of the parents when it is judicially determined to be in the child's best interest or for the safety and protection of the public.3
This overview of juvenile court proceedings involving the Department of Human Resources ("DHR") (and the flow chart on pages 201-203) will help to understand the Act and the court proceedings under it.
Dependency
Jurisdiction
The juvenile court has exclusive original jurisdiction in cases where a child is alleged to be dependent, but it has no jurisdiction over mere custody disputes between parents.4
However, when a divorce court determines custody, and the child is thereafter alleged to be dependent, the "[divorce] court does not retain exclusive jurisdiction over a child whose custody is addressed in a divorce judgment when a separate action in initiated in a juvenile court alleging that the child is dependent." Ex parte J.C., 165 So. 3d 623 (Ala. Civ. App. 2014); see K.A.B. v. J.D.B., [No. 2170039, December 14, 2018] — So. 3d — (Ala. Civ. App. 2018).
The Act defines a "child" as someone under the age of 18.5 The juvenile court must adjudicate a child as dependent before the child's 18th birthday, or the court lacks jurisdiction to do so. A.C. v. E.C.N., 89 So. 3d 777 (Ala. Civ. App. 2012).
Once the juvenile court obtains jurisdiction over a child, it retains jurisdiction until the child becomes 21, or until it explicitly terminates jurisdiction.6
Pick-Up Orders
If an initial complaint of abuse or neglect report alleges that a child is in danger of imminent or threatened harm, DHR will investigate the claim and, if the report is substantiated, DHR can file a verified complaint asking for a pickup order to remove the child.7 The affidavit should state the specific reasons why it is necessary to take the child into custody for the child's safety.8
After the affidavit has been received, the intake officer will present the allegations (usually orally) to the juvenile court for a decision as to whether a pick-up order should be issued. If the juvenile court approves, the order will be issued, either by endorsement on the summons or by separate order, usually with the judge's signature stamped on it.9
Shelter Care Hearings
When a child alleged to be dependent has been removed from the custody of the parent, legal guardian or legal custodian, a hearing must be held within 72 hours from the time of removal, including Saturdays, Sundays and holidays, to determine whether continued shelter care is required.10 Written or verbal notice of the 72-hour hearing shall be given to the parent, legal guardian or legal custodian if they can be located.11
At the hearing, the juvenile court is required to advise the parent, legal guardian or legal custodian of the right to counsel and to appoint counsel if they are indigent.12
The court must appoint a guardian ad litem for the child.13 The guardian ad litem is to meet with the child prior to juvenile court hearings and explain to the child what is going on, conduct a thorough and independent investigation, advocate for appropriate services for the child and family, attend all juvenile court hearings and file any necessary pleadings supporting the best interests of the child.14
All relevant and material evidence helpful in determining the need for shelter care may be admitted at the shelter-care hearing, even though not admissible in subsequent hearings.15 If the child is not released at the conclusion of the shelter-care hearing, the juvenile court may order the parent, legal guardian or legal custodian to provide a list of names, addresses and telephone numbers of known paternal and maternal relatives to the juvenile court.16 DHR will then make efforts to contact the relatives and investigate their willingness and ability to serve as a placement resource for the child.
Adjudicatory Hearing Standard
An adjudicatory hearing is a hearing at which evidence is presented for a juvenile court to determine if a child is dependent17 as that term is defined at § 12-15-102(8).
The standard of proof required of evidence presented in an adjudicatory hearing is the "clear and convincing" standard, a higher standard than that required in a 72-hour shelter-care hearing. According to L.M. v. D.D.F., 840 So. 2d 171, 179 (Ala. Civ. App. 2002) and § 6-11-20(b)(4), clear and convincing evidence is "[e]vidence that, when weighed against evidence in opposition, will produce in the mind of the trier of fact a firm conviction as to each essential element of the claim and a high probability as to the correctness of the conclusion. Proof by clear and convincing evidence requires a level of proof greater than a preponderance of the evidence or the substantial weight of the evidence, but less than beyond a reasonable doubt."
If there is no stipulation of dependency by the parties, the juvenile court must take testimony before finding the child to be dependent. Failure by the juvenile court to take testimony or to admit documentary evidence at the adjudicatory hearing before making a finding of dependency deprives the parent(s) of due process. R.R. v. Chilton County Dep't of Human Res., [No. 2170334, September 21, 2018] — So. 3d — (Ala. Civ. App. 2018).
Disposition After the Adjudication of Dependency
If the juvenile court finds from clear and convincing evidence, competent, material and relevant in nature, that a child is dependent, the juvenile court may proceed immediately, in the absence of an objection or at a postponed hearing, to make proper disposition of the case.18 In a dispositional hearing, all relevant and material evidence, including verbal and written reports, may be received by the juvenile court-even it that evidence would not be admissible in the adjudicatory hearing.19
If a child is found to be dependent, the juvenile court may make any of the following orders of disposition: (1) permit the child to remain with the parent, legal guardian or legal custodian, subject to conditions and limitations as the juvenile court may prescribe; (2) place the child under protective supervision of DHR; (3)...
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