Juvenile Proceedings.
Juvenile cases are in the matter of a "child" or "minor" as these
terms are defined by the Alabama Juvenile Justice Act ( § §
12-15-1 through 12-15176). A magistrate according to Alabama Rules of
Juvenile Procedure, Rule 12, must initiate every juvenile case. The magistrate
receives and evaluates juvenile complaints similarly to criminal complaints
and determines whether a petition will be filed to initiate a case before
the court. Code, § 12-15-50. The following are various types of juvenile
cases:
- Delinquent, where
a child is alleged to have committed a crime. Code, § 12 15-30(a).
- Dependent, where
a child is alleged to be subjected to abuse, neglect, a custody controversy
or inadequate care. Code, § 12-15-30(a).
- Child in need of
supervision, where a child is alleged to have committed a juvenile status
offense. Code, § 12-15-30(a).
- Custody/guardianship,
where the child is otherwise before the court or to register or enforce
a custody decree of a juvenile court of another state. Code, §§
12-15-30(b)(1) & 30-3-23.
- Judicial consent
for a child's marriage, employment, enlistment or withdrawal from school.
Code, § 12-15-30(b)(2).
- Interstate Compact
on Juveniles, for interstate placement of delinquent children or the
return of juvenile interstate runaways, escapees or absconders. Code,
§ 12-15-30(b)(3) & 44-2-1 el seq..
- Involuntary commitment
of a child or minor to the Alabama Department of Mental Health and Mental
Retardation. Code, §§ 12-15-30(b)(4), 12-15-31(4) & 12-15-90.
- Termination of
parental rights to a child. Code, § 12-15-30(b)(6) & 26-18-1
el seq..
- Emergency removal
or medical treatment for a child. Code, §12-15-30(c)(I) Violation
of a child's rights in public school proceedings. Code, § 12-15
30(c)(2).
Criminal Proceedings.
The magistrates of the Intake Office receive criminal complaints and
issue warrants for the following misdemeanor offenses under the jurisdiction
of Family Court:
Violation of
the Alabama Juvenile Justice Act. Code, § 12-15-31(l).
Desertion and
non-support. Code, § 12-15-31(3).
Violation of
the compulsory school attendance laws- Code, § 16-28-21.
Civil Proceedings.
The Intake Office assists the public in the filing of the following civil
petitions in Family Court:
Parentage of
a child. Code, § 12-15-3](2),
Child support.
Code, § 30-3-60.
Protection
from abuse where there is no divorce pending. Code, § 30-5-2.
Waiver of parental
consent for abortion- Code, § 26-21-4.
Removal of disabilities
of nonage of a minor- Code, § 12-15-30(b)(2) & 2618-1 et seq..
The magistrates are
on duty at the Family Court Courthouse and the Bessemer Courthouse during
county office hours. At least one magistrate is on duty or on call at
the G- Ross Bell Youth Detention Center at all other times for emergencies.
For further information please contact the Intake Office, in Birmingham
at 205-325-5454, in Bessemer at 205-481-4225, and on nights and weekends
at 205-325-5805.