ALABAMA RULES OF JUVENILE PROCEDURE

Rule 25.

Findings and orders.

            (A) At any adjudicatory hearing the juvenile court may handle all matters at one time or in phases.  A hearing to determine if a child alleged to be delinquent needs to be transferred to adult court is not considered an adjudicatory hearing.

            If the allegations of the juvenile petition are denied, the juvenile court shall direct that testimony of witnesses be taken.  A dependency hearing shall be conducted consistent with legal and due-process requirements and shall proceed generally in a manner similar to the trial of a civil action before the court sitting without a jury.  A delinquency or child-in-need-of-supervision hearing shall be conducted consistent with legal and due-process requirements and shall proceed generally in a manner similar to the trial of a criminal action before the court sitting without a jury.  If the child admits the allegations of the petition, the juvenile court may hear evidence to corroborate the admissions of the child.  At the close of the hearing, the juvenile court shall make one of the following findings in writing:

            (1)  That the facts alleged in the juvenile petition are true and the child is dependent, in need of supervision, or delinquent; or

            (2)  That the facts alleged in the juvenile petition are not proved or that the child is not in need of care or rehabilitation, in which event the juvenile petition shall be dismissed.

            (B)  Following a finding that the child is a delinquent child, a dependent child, or a child in need of supervision, the child shall remain subject to orders of the juvenile court pending the dispositional phase.

            (C)  When a juvenile court makes a finding that a child is a delinquent child, a dependent child, or a child in need of supervision, the juvenile court shall make a disposition of the matter concerning the child or set the matter for a dispositional hearing.  When possible, the judge or judicial officer who presided at the adjudicatory hearing should preside at the dispositional hearing.

            (D)  At the close of the dispositional phase, the juvenile court shall make its finding in writing.  If the disposition is probation, the order shall set forth the conditions of probation.  In termination-of-parental-rights cases, the juvenile court shall make its finding by docket entry or written order within 30 days of completion of the trial.

[Amended eff. 9-18-2006; Amended eff. 11-2-1009.]

Comment

See Section 5-128, Act No. 1205, Acts of Alabama, 1975 Regular Session. Phases referred to in (A) above contemplates, e.g., an advisory phase, a detention phase if necessary, an adjudicatory phase, a dispositional phase, or in any combination of phases.

Comment to Amendment to Rule 25

Effective November 2, 2009

            Subsection (A) was amended to clarify that the provisions of this subsection apply to all adjudicatory hearings in juvenile court.  Hearings to determine if a child alleged to be delinquent needs to be transferred to adult court are not considered adjudicatory hearings.  The language in the former subsection (A) providing "except that the child may not be compelled to be a witness" was deleted in the provision dealing with the conduct of a dependency hearing because the Fifth Amendment right against self-incrimination does not attach in civil-type cases.

            Language was also added in subsection (A) to provide that delinquency and child-in-need-of-supervision hearings shall be conducted consistent with legal and due-process requirements and shall proceed generally in a manner similar to the trial of a criminal action before the court sitting without a jury.  This provision was added to differentiate between the legal and due-process requirements applicable in dependency cases and those applicable in delinquency and child-in-need-of-supervision cases.

            The phrase "and is in need of care or rehabilitation" was deleted from subsection (A)(1) because it is duplicative language -- this element must be met to adjudicate a child a "delinquent child" pursuant to Ala. Code 1975, § 12-15-102(7).

            The child's presence in any juvenile court hearing is a matter left to the sound discretion of the juvenile court.  See Ala. Code 1975, § 12-15-129, providing that, "[i]f the juvenile court finds that it is in the best interests of the child under the jurisdiction of the juvenile court, the child may be temporarily excluded from the hearings, except while allegations of delinquency or in need of supervision are being heard."

            Former subsection (E) was rescinded because provisions for the parties to request a rehearing in cases heard by referees is now covered by Ala. Code 1975, § 12-15-106. Other technical changes were made.

Note from the reporter of decisions: The order amending Rule 8, Rule 25(D), and Rule 28, effective September 18, 2006, is published in that volume of Alabama Reporter that contains cases from 939 So. 2d.

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.