ALABAMA RULES OF JUVENILE PROCEDURE

Rule 8.

Juvenile court intake officers.

(A) A juvenile court judge, or where there is more than one juvenile court judge, a presiding juvenile court judge, shall designate, in writing, one or more employees of the judicial branch of government, including certified juvenile probation officers, to serve as a juvenile court intake officer for the juvenile court.  The juvenile court judge who designated the juvenile court intake officers shall forward the written designations to the Administrative Director of Courts.  Copies of these designations shall be maintained at the Administrative Office of Courts.

(B) Juvenile court intake officers shall be neutral and detached from activities of the executive and legislative branches of government and shall perform duties as provided by law.  Juvenile court intake officers shall have the power to administer oaths for the purpose of verifying complaints and/or petitions in juvenile matters.

(C) Juvenile court intake officers shall not be required to be magistrates under Rule 18, Alabama Rules of Judicial Administration, unless they issue warrants of arrest against adults tried in the juvenile court.

[Amended eff. 5-1-94; Amended eff. 1-5-2006; Amended eff. 9-18-2006; Amended eff. 1-9-1009.]

Comment

See Ala.Code 1975, §§ 12-15-1(13) and 12-17-250 through 12-17-253.

This Rule only authorizes probation officers and magistrates in the intake office to perform duties as magistrates; it is not intended to authorize appearance as a hearing officer or referee.

[Comment amended effective 5-1-94.]

Comment to Amendment to Rule 8

Effective January 9, 2009

Subsection (A) was amended to provide that in those counties in which there is more than one juvenile court judge, the presiding juvenile court judge shall designate the juvenile court intake officers.  This was done to avoid multiple designations in the same county. The last two sentences were added to subsection (A) in order for the Administrative Office of Courts to keep a record of who has been designated juvenile court intake officers around the State.   Technical changes were made to subsections (B) and (C).

Note from the reporter of decisions: The order amending Rule 1(B), Rule 8, and Rule 28, effective January 5, 2006, is published in that volume of Alabama Reporter that contains Alabama cases from 917 So. 2d.

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 Alabama cases from 939 So.2d.

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.