ALABAMA RULES OF JUVENILE PROCEDURE

Rule 31.

Procedure for making a parent, legal guardian, or legal custodian a party.

(A) In a petition alleging that a child is a delinquent child, a dependent child, or a child in need of supervision, the child's parent, legal guardian, or legal custodian shall be given notice of the charges brought against the child by sending the parent, legal guardian, or legal custodian a copy of the petition, with a summons, as prescribed by law and rule, and with a written statement of the rights of the parent, legal guardian, or legal custodian and the child.

(B) On each petition alleging that a child is delinquent, dependent, or in need of supervision, the following notice shall be placed in capital letters at the bottom of the petition, as follows:

"NOTICE

"A PARENT, LEGAL GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD CAN BE MADE A PARTY TO THIS CASE PURSUANT TO ALA. CODE 1975, § 12-15-113.  A PERSON MADE A PARTY TO THIS CASE MAY BE REQUIRED TO PAY ATTORNEY FEES; TO PAY FOR EVALUATION AND TREATMENT; TO PAY FINES, COURT COSTS, AND RESTITUTION; AND TO PAY FOR CARE, SUPPORT, AND SUPERVISION OF THE CHILD. A PERSON MADE A PARTY MAY BE SUBJECT TO OTHER ORDERS ALSO. FAILURE TO COMPLY WITH THE ORDERS OF THE COURT CAN RESULT IN CONTEMPT PROCEEDINGS, AND FAILURE TO MAKE PAYMENTS ORDERED CAN RESULT IN A CIVIL JUDGMENT FOR THE COLLECTION OF THE PAYMENTS ORDERED."

(C) When a petition is filed by a juvenile court intake officer or, after a petition is filed, at any time during the course of a juvenile court proceeding, any interested person may make a motion to join a parent, legal guardian, or legal custodian; upon this motion, the juvenile court may issue an order making the parent, legal guardian, or legal custodian a party. Also, at any time during the juvenile court proceeding, the juvenile court may, on its own motion, issue an order making a parent, legal guardian, or legal custodian a party to the proceeding.

(D) If a child is released to a parent, legal guardian, or legal custodian, pursuant to Ala. Code 1975, § 12-15-127(a)(1) and (2), the parent, legal guardian, or legal custodian shall be informed that the parent, legal guardian, or legal custodian may be made a party to the proceeding by ordering the parent, legal guardian, or legal custodian to appear with the child and answer the allegations of the petition. The juvenile court shall inform the parent, legal guardian, or legal custodian of his or her rights pursuant to law.

(E) If a child is not released to the parent, legal guardian, or legal custodian pursuant to Ala. Code 1975, § 12-15-127, then the notice of a detention or shelter-care hearing, either oral or written, given pursuant to Ala. Code 1975, § 12-15-207(b), may include notice by the juvenile court that the parent, legal guardian, or legal custodian may be made a party to the proceeding. The juvenile court shall also inform the parent, legal guardian, or legal custodian of his or her rights pursuant to law. If a detention or shelter-care hearing is held within 72 hours of placement in detention or shelter care, pursuant to Ala. Code 1975, § 12-15-207(c), then the judge, in open court, may inform the parent, legal guardian, or legal custodian that he or she may be made a party to the juvenile court proceeding and inform the parent, legal guardian, or legal custodian of his or her rights.

(F) During any juvenile court proceeding, the juvenile court may issue an order making a parent, legal guardian, or legal custodian a party to the proceeding; upon issuing this order, the juvenile court shall inform the parent, legal guardian, or legal custodian of his or her rights. The parent, legal guardian, or legal custodian's joinder as a party makes the parent, legal guardian, or legal custodian subject to orders to pay attorney fees; to pay for evaluation and treatment; to pay fines, court costs, and restitution; and to pay for the care, support, and supervision of the child. A parent, legal guardian, or legal custodian made a party to the proceeding may be subject to other orders also.

[Adopted 8-31-93; eff. 5-1-94; Amended eff. 1-9-2009.]

Comment to Amendment to Rule 31

Effective January 9, 2009

Nonsubstantive changes were made to subsections (B), (D), and (E) of this rule to make the citations to the Alabama Code consistent with the Alabama Juvenile Justice Act of 2008. The term "legal custodian" was added and the word "legal" was added before the word "guardian" throughout this rule to be consistent with Ala. Code 1975, § 12-15-113. Other technical changes were made.

Note from the reporter of decisions: The order amending effective January 9, 2009, Rule 1(A), Rule 8, Rule 13, Rule 20(A), Rule 24, Rule 28, and Rule 31, and adopting effective January 9, 2009, the Comment to Amendment to Rule 1(A) Effective January 9, 2009; the Comment to Amendment to Rule 8 Effective January 9, 2009; the Comment to Rescission of Rule 11 Effective January 9, 2009; the Comment to Amendment to Rule 13 Effective January 9, 2009; the Comment to Rescission of Rule 16 Effective January 9, 2009; the Comment to Amendment to Rule 20(A) Effective January 9, 2009; the Comment to Amendment to Rule 24 Effective January 9, 2009; the Comment to Amendment to Rule 28 Effective January 9, 2009; the Comment to Amendment to Rule 31 Effective January 9, 2009; and the Comment to Rescission of Rule 32 Effective January 9, 2009, is published in that volume of Alabama Reporter that contains Alabama cases from 996 So. 2d.