ALABAMA RULES OF JUVENILE PROCEDURE
Rule 15.
Informal adjustment.
(A) Upon the receipt of a complaint alleging that a child is delinquent or in need of supervision and following advisement of rights to the child and his or her parent(s), legal guardian(s), or legal custodian(s), including the right to counsel at this and all other stages of the juvenile court proceeding, upon recommendation of a juvenile probation officer who has been designated a juvenile court intake officer, the matter may be held open and the juvenile probation officer who has been designated a juvenile court intake officer may attempt, with the consent of the child and his or her parent(s), legal guardian(s), or legal custodian(s), to make satisfactory informal adjustment.
(B) Informal adjustment shall include counseling and advising a child and his or her parent(s), legal guardian(s), or legal custodian(s) by the juvenile probation officer who has been designated a juvenile court intake officer. At the discretion of the juvenile probation officer who has been designated a juvenile court intake officer, counseling and advising may be performed by other appropriate persons, who may include the judge of the juvenile court. Informal adjustment may also include, with the consent of the child and his or her parent(s), legal guardian(s), or legal custodian(s), supervision by the juvenile probation officer who has been designated a juvenile intake officer and temporary placement of the child with persons other than his or her parent(s), legal guardian(s), or legal custodian(s). Referrals may be made by the juvenile probation officer who has been designated a juvenile intake officer to public and private agencies, which may provide assistance or services to the child and his or her parent(s), legal guardian(s), or legal custodian(s).
(C) A juvenile probation officer who has been designated to be a juvenile court intake officer may either terminate the informal-adjustment process and dismiss a child without further proceedings or terminate the informal-adjustment process and file a petition in the juvenile court if at any time:
(1) It appears that the child and his or her parent(s), legal guardian(s), or legal custodian(s) have received the maximum benefit from the informal-adjustment process;
(2) The child or one of his or her parents, a legal guardian, or a legal custodian declines to participate further in the informal-adjustment process;
(3) The child or one of his or her parents, a legal guardian, or a legal custodian denies the jurisdiction of the juvenile court;
(4) The child or one of his or her parents, a legal guardian, or a legal custodian expresses a desire that the facts be determined by the juvenile court;
(5) The child fails without reasonable excuse to attend scheduled conferences;
(6) The child appears unable or unwilling to benefit from the informal-adjustment process;
(7) The juvenile probation officer who has been designated to be a juvenile court intake officer becomes apprised of new or additional information that makes it appear that further efforts at informal adjustment would not be in the best interests of the child or of society; or
(8) Other sufficient reasons exist for terminating the informal-adjustment process.
(D) The informal-adjustment process shall not continue beyond a period of six months from its commencement.
(E) Upon termination of the informal-adjustment process and dismissal of a child without further proceedings, the juvenile probation officer who has been designated to be a juvenile court intake officer shall notify the child and his or her parent(s), legal guardian(s), or legal custodian(s) thereof and report that action to the juvenile court.
[Amended eff.6-12-90, eff. 8-1-90; Amended eff. 11-2-2009.]
Comment
Informal adjustment procedures allow the intake office to suspend formal proceedings and proceed to adjustment satisfactory to the parties. This rule provides adjustment without the necessity of the filing of a petition.
“Custodian,” as used in this and other rules, does not mean “legal custodian” as defined in Section 5-101(g) of Act No. 1205, Acts of Alabama, 1975 Regular Session, and is intended to include the guardian of the child.
Comment to Amendment to Rule 15
Effective November 2, 2009
Subsection (A) was amended by substituting the language "[u]pon the receipt of a complaint alleging that a child is delinquent or in need of supervision" for the language "[i]f there is sufficient evidence to bring the child within the jurisdiction of the court," because informal adjustment occurs after the filing of a complaint and before the filing of a petition. See Ala. Code 1975, § 12-15-119.
Also, throughout this rule, the language "juvenile probation officer who has been designated to be a juvenile court" was added before the term "intake officer" to clarify that the informal-adjustment process should be handled by juvenile probation officers who have been designated as juvenile intake officers because juvenile probation officers are better trained to deal with this process than are other employees of the judicial branch. Other technical changes were made.
Note from the reporter of decisions: The order amending effective November 2, 2009, Rule 12, Rule 15, and Rule 25, and adopting effective November 2, 2009, the Comment to Amendment to Rule 12 Effective November 2, 2009; the Comment to Amendment to Rule 15 Effective November 2, 2009; and the Comment to Amendment to Rule 25 Effective November 2, 2009, is published in that volume of Alabama Reporter that contains Alabama cases from ___ So. 3d.