An Introduction to the Court System for Children and Families in Alabama
The Alabama court system for juveniles is intensely focused on rehabilitation.
The juveniles are considered to under the legal age of 18 and the court actually has jurisdiction over teenagers until they become of legal age. In some cases, the court has the authority over people until their 21st birthday. In Alabama, juvenile court is not just for children; the juvenile court also deals with certain matters involving young adults. The juvenile judges are generally required to be lawyers who have practiced law prior to their appointments.
Alabama Juvenile Courts deal primarily with three types of cases: delinquency cases, dependency cases, and domestic relations cases. Delinquency cases involve adjudications of the involvement of a "youthful" person in activity that would be criminal if an adult. Dependency cases involve child custody and child abuse. Domestic relations cases include family matters that, for example, involve visitation and support.
Traditionally , juvenile courts are engaged in a mission to rehabilitate "youthful" offenders, which often means that the court’s goal is to prevent recurrences of criminal behavior rather than extend the criminality. This mission sometimes means that the juvenile will participate in various forms of rehabilitation programs that court may require.
The structure of juvenile courts varies somewhat from state to state. Alabama juvenile courts have juvenile referees and probation officers. The referees make decisions on issues that do not require a hearing and have considerable authority to handle adjudications. The juvenile referees also hold preliminary hearings on cases assigned to the juvenile court judges. Referees’ decisions are subject to appeal to the juvenile judge.
Juvenile courts are courts of equity, which means that the judge will consider equitable principles beyond purely legal issues. For example, a juvenile court judge may take into account circumstances that go beyond the law to enter an order that he or she believes is fair.
Commonly Used Alabama Rules of Juvenile Procedure
The Alabama Rules of Juvenile Procedure were introduced in 1977. And according to the website of the Alabama Supreme Court, Rules 1-6 govern general proceedings, and include guidance on the types and timing of hearings, discovery, notices, and forms. Rules 7-26 specifically address juvenile delinquency matters, including detention hearings, adjudicatory hearings (trials), placement hearings, and hearings on motions for modification and for termination of jurisdiction. Rules 27-35 focus on proceedings related to dependencies, including adjudicatory hearings, hearings on petitions for termination of parental rights, and fact-finding hearings. Rules 36-40 pertain to proceedings on petitions to relinquish parental rights, adoption hearings, and guardianship actions. Rules 41-48 address proceedings on contempt matters, modifications to prior proceedings, to extend the court’s jurisdiction, and the expungement of juvenile records. Rules 49-53 govern appellate procedures in juvenile matters.
Since the Juvenile Court primarily has jurisdiction over delinquency and dependency matters, the Alabama Rules of Juvenile Procedure comprise rules governing procedures in the juvenile context. Hence, they are the equivalent of criminal and civil procedure rules aimed toward these specific types of proceedings.
Detention and Preliminary Hearing Procedure
When a child is taken into custody in Alabama, he or she must be brought to a juvenile detention center, even if his or her legal guardians are located within the same city. When detention is deemed necessary, a petition must be filed within 48 hours of the child’s removal from custody, and the initial hearing must be held within five days. A hearing must also be conducted within ten days of the removal of the child from the home. Notably, weekends and holidays do not count toward these five and ten day limits. Should a preliminary hearing not be held during this time frame, the child may be released.
During preliminary proceedings, a court will review the legal grounds for detention and appointment of counsel for the child. Any child who is deemed "dependent" will have a lawyer appointed, and a petition must then be filed within seven days of the initial hearing. If the child is "delinquent," the hearing may be waived by the child and/or his attorney, after which the case will be automatically transferred to the Juvenile Court presiding over delinquency proceedings.
Sentencing, Disposition, and Restitution Guidelines
When a juvenile is adjudicated delinquent, the juvenile court may consider various dispositions other than commitment to the Department of Youth Services. Formal disposition, or sentencing, of a delinquency adjudication occurs only after a child is found to be delinquent and after a disposition hearing is held to determine which service will best meet the objectives of the juvenile justice system in dealing with a child who has been adjudicated delinquent. These objectives include supporting the protection of the community, developing competencies in children to enable them to be responsible and productive members of the community, and holding juveniles accountable for their actions.
If after adjudication the court determines that there is not a basis for commitment to the Department of Youth Services, it can enter an order continuing the case for the purpose of considering a probation disposition based on juvenile probation. Probation may involve the completion of a term in a secure-care juvenile detention center and/or placement in the custody of the parents or other relatives subject to certain conditions.
The court also has the discretion to enter an order of probation with suspension of youth detention that allows the child to remain in the home or in another suitable place under the supervision of the court, probation officer and law enforcement, subject to certain conditions, including undergoing counseling, treatment, school attendance, residing in a designated location, no association with certain individuals, and submitting to drug, alcohol, and mental health evaluations and treatment. Violation of these conditions can result in the issuance of a warrant for the child and conduct hearing before the court.
Other dispositions available to the court include informal adjustment, informal note, and consideration for a youth development center. Rehabilitative aid and treatment are also available for children who are found in need of treatment for mental illness or substance abuse.
Juvenile Rights in the Court System
We are going to list and explain the rights of a juvenile as it pertains to the Alabama Rules of Juvenile Procedure. The juvenile has the right to be represented by an attorney prior to being taken into custody. If the juvenile is taken into custody and has not been given a Mirada warning prior to being detained, then he/she is entitled to have an attorney appointed in the detention hearing or prior to a petition being filed on their behalf . If the juvenile admits to the allegations in the Petition, the attorney will have to be present at the Adjudicatory hearing (trial) and if the attorney is not present, the case can be dismissed or a continuance given at the discretion of the Judge. There are other rights enumerated in the ARJP: the right to a fair and impartial hearing (judge or jury), the right to petition for removal to circuit court, the right to appeal among others.
Parents, Families, and Guardians in the Juvenile Court
In juvenile cases, family members and guardians are critical players throughout the proceedings, often taking part in hearings and other functions, and can play a vital role in influencing a child’s experience and outcomes in the juvenile justice system. The Alabama Rules of Juvenile Procedure, specifically Rule 3.5, address the accused child’s rights in the context of the role of family members in the proceedings. Because confidentiality in juvenile proceedings is paramount, generally what is said in Court regarding the alleged delinquent act of a child-A child cannot be disclosed without a Court order. However, "the child’s parent guardian, or a caretaker who has physical custody of the child has an absolute right of access to the court file in the juvenile court pertaining to that child, regardless of whether a petition has actually been filed or whether the child is still in custody, provided that no sealed or confidential record shall be made available." The parent or guardian can copy and/or inspect the case file. Parents, guardians, and others with legal or physical custody of the child have the right to be present at all stages of the case and have the right to be informed of all hearings. (Rule 4.8). In situations where the juvenile is in custody, contact between the child and parent or guardian must take place so that, "the welfare of the child may be safeguarded." To state it plainly, the juvenile has a right to have positive contact and communication with people who love him/her. The more contact or communication that occurs between the loved ones and the child, the more closely the above referenced "fair hearing" will occur, resulting in better outcomes for the child. A guardian ad litem, typically, is an individual who is appointed by the Court to represent the child’s "best interest." The Rule 5.9 defines such a legal representative as a person "of good moral character, who is not a party or related to a party by consanguinity or affinity within the third degree, and who has not been convicted of a felony or a crime involving dishonesty, has been appointed by the court to act in the best interest of the child. Since the responsibilities of a guardian ad litem, are so extensive and serious, in cases where the child is an alleged "delinquent", the Court prefers that the father or mother (or legal custodian) "be invited to serve as guardian ad litem of the" child. The Rules also provide that in a case where a petition is filed alleging that the child is in need of care, where all parties are unrepresented by counsel, the Judge or Court shall appoint a guardian ad litem for the child. (Rule 9.2) Generally, the rules require that for a hearing, notice of the charges against the child be given to the child, parent and guardian ad litem, if applicable. (Rule 4.6). These parties must be given at least 72 hours notice prior to a scheduled hearing on an alleged "delinquency," "family,""child in need of supervision," or "indigent" matter, to allow for proper preparation time. The Alabama Rules of Juvenile Procedure contain numerous provisions that require fair treatment of children and parents in the juvenile court system. Though the rules require adherence, knowledge of the intent behind the rules is necessary to ensure that the purpose of the juvenile court is achieved in each case. Simply stated, the overall goal of these rules is securing fairness and equity for the child. As previously noted, within this larger scheme, it is tremendously important that parents, guardians and caretakers are allowed to not only intimately participate in the courts and hearings conferred upon the child, but also that they fully understand the proceedings, what is at stake, and how their role supports the welfare of the child, the integrity of the judicial system and the safety of the community.
Potential Reforms and Future Applications
As the discussion surrounding the future of the juvenile justice system continues, stakeholders must also consider potential reforms to the Alabama Rules of Juvenile Procedure and whether updates to these rules would promote consistency and improve outcomes for juveniles. Some considerations include the following:
Awareness of the Scope of the Rules
The Rules of Juvenile Procedure is not just a "book of rules," it is the primary guidance concerning juvenile delinquency matters. With limited guidance from the Alabama Code, the Rules of Juvenile Procedure should guide the practice of practitioners within the state. However, there are situations in which practitioners are unaware that the Rules of Juvenile Procedure apply. Alabama’s Juvenile Justice System includes provisions governing a variety of matters involving minors. For instance, while the Alabama Criminal Rules govern criminal prosecutions against all persons, the Alabama Rules of Juvenile Procedure govern criminal prosecutions against juvenile delinquents. Because the Alabama Code requires the Criminal Rules to apply to non-juvenile matters as well, more practitioners are likely to encounter the Criminal Rules than the Rules of Juvenile Procedure. This potential disconnect can lend itself to confusion for practitioners who must navigate juvenile delinquency matters. In the case of a prosecuting attorney who does not routinely handle juvenile delinquency matters, he or she may be less familiar with the Rules of the Court than with Criminal Rules.
Clarifying Rule Purpose
Some rules are vague in their purpose. For example, Rule 4 refers to "youth court proceedings" in a way that is not easily decipherable. A youth court proceeding can refer to a diversion program in certain counties, or it can refer to a formal judicial proceeding , such as a delinquency matter. Practitioners may be unsure whether the rules apply to informal or formal matters. The Comment and Committee Comments should clarify these ambiguities and provide practitioners with guidance on the purpose of the Rule.
Tightening Discretion
The Rules provide extensive allowance for discretion on the part of juvenile judges. Consideration of whether certain rules should be reformed to provide more clear and consistent guidance to practitioners and judges may be worthwhile. For example, Rule 2, under the comment for Rule 2, states that the judge has broad discretion. But how should that discretion work in practice? If there are specific issues that practitioners often face (for instance, how to protect a minor’s privacy), perhaps the Rules should explain when a juvenile judge should and should not exercise his or her discretion.
Guidance on Privacy
Related to the Comment and Committee Comment to Rule 2, confusion exists as to when a juvenile delinquent’s case should be handled confidentially. For instance, under Rule 16, a protocol exists for considering whether a juvenile’s case information can be classified as confidential. However, while the Rules specifically provide procedures to follow, the process to designate case information as confidential is not incorporated into the Rules.
Inability to Bargain Away the Right to Appeal
Another area of consideration concerning potential rule reform is the fact that parties cannot bargain away the right to appeal. Cases are almost exclusively heard initially in juvenile court, but Rule 2 regarding appeal of prejudicial actions contains a few limitations. While the rule provides that the juvenile delinquent has the right to appeal, he or she is unable to waive the right to appeal without the express written consent of the juvenile’s parents or guardians. This method of appeal does not allow the parties to bargain. There is no similar provision in other areas of law, such as family law, where guardians ad litem sign case plans.
