(a) In all dependency and termination of parental rights proceedings, the juvenile court shall appoint a guardian ad litem for a child who is a party to the proceedings and whose primary responsibility shall be to protect the best interests of the child.
(b) The duties of the guardian ad litem include, but shall not be limited to, the following:
(1) Irrespective of the age of the child, meet with the child prior to juvenile court hearings and when apprised of emergencies or significant events impacting the child. In addition, the guardian ad litem shall explain, in terms understandable to the child, what is expected to happen before, during, and after each juvenile court hearing.
(2) Conduct a thorough and independent investigation.
(3) Advocate for appropriate services for the child and the family.
(4) Attend all juvenile court hearings scheduled by the juvenile court and file all necessary pleadings to facilitate the best interests of the child.
(c) Before being appointed by the juvenile court, every guardian ad litem appointed in juvenile dependency or termination of parental rights cases shall receive training appropriate to their role.
(d) Nothing in this section shall prohibit the juvenile court from appointing trained volunteers in addition to guardians ad litem in promoting the best interests of the child.
(e) A guardian ad litem may be appointed to protect the best interests of more than one child of the same parent. A guardian ad litem also may be appointed to protect the best interests of both a minor (or otherwise incapacitated) parent and the child.
(Acts 1975, No. 1205, p. 2384, §5-138; §12-15-8; amended and renumbered by Act 2008-277, p. 441, §17.)
Notes of Decisions
Cited in
9
cases (
3 in the last 5 years), 2011–2024 · leading case:
Jones v. McCoy, 150 So. 3d 1074 (Ala. Civ. App. 2013).
Jones v. McCoy, 150 So. 3d 1074 (Ala. Civ. App. 2013).
· cites it 2× “See also Ala.Code 1975, § 12-15-304(a) (mandating that a guardian ad litem be appointed for a child who is the subject of dependency and termination-of-parental-rights proceedings and that the guardian ad litem’s role "shall be to protect the best interests of the child”); and…”
S.T. v. K.P., 149 So. 3d 1089 (Ala. Civ. App. 2014).
“” Although a juvenile court may adjudicate a father’s paternity as part of a dependency action, nothing in § 12-15-304 or the remainder of the dependency statutes, see § 12-15-301 through -324, Ala.”
T.M. v. K.M.G., 68 So. 3d 849 (Ala. Civ. App. 2011).
· cites it 3× “We note that the Alabama Legislature recently totally revised and reorganized the statutory provisions pertinent to juvenile proceedings with the passage of the Alabama Juvenile Justice Act, § 12-15-101 et seq, Ala.”
D.T. v. W.G., 255 So. 3d 764 (Ala. Civ. App. 2017).
· cites it 2× “Code 1975, § 12-15-304 (requiring appointment of a guardian ad litem for a child in dependency and termination-of-parental-rights cases when the child is a party); 26-10A-22(b) (requiring appointment of a guardian ad litem for the child in a contested adoption proceeding); and §…”
J.A. v. S.L. (Appeal from Dale Juv. Court: JU-23-43.01)., 406 So. 3d 129 (Ala. Civ. App. 2024).
· cites it 2× “The juvenile court appointed a guardian ad litem for the child, see Ala. Code 1975, § 12-15-304, who also 3 CL-2023-0576 did not argue before the juvenile court that termination of the parental rights of the father did not serve the best interests of the child.”
Tm v. Kmg, 68 So. 3d 849 (Ala. Civ. App. 2011).
· cites it 3× “We note that the Alabama Legislature recently totally revised and reorganized the statutory provisions pertinent to juvenile proceedings with the passage of the Alabama Juvenile Justice Act, § 12-15-101 et seq., Ala.Code 1975 ("the Act"), which took effect on January 1, 2009.”
J.-M.S. v. K.B.J. & R.G.J., 401 So. 3d 1167 (Ala. Civ. App. 2024).
“See § 12-15-304(a), Ala. Code 1975)("In all dependency and termination of parental rights proceedings, the juvenile 4 CL-2022-1261 court shall appoint a guardian ad litem for a child who is a party to the proceedings and whose primary responsibility shall be to protect the best…”
C.C. v. Buckner, No. 2:21-cv-00367 (M.D. Ala. Oct. 29, 2021).
“CODE § 12-15-304 (outlining responsibilities of guardian ad litem in dependency and termination of parental rights proceedings).”
K.B. v. Limestone Cnty. Dep't of Human Resources, 187 So. 3d 729 (Ala. Civ. App. 2015).
“Section 12-15-304(a), Ala.Code 1975, requires juvenile courts, in each dependency case, to appoint a guardian ad litem “whose primary responsibility shall be to protect the best interests of the child.”
Ala. Code § 12-15-304(a): 5 cases
Jones v. McCoy, 150 So. 3d 1074 (Ala. Civ. App. 2013).
“See also Ala.Code 1975, § 12-15-304(a) (mandating that a guardian ad litem be appointed for a child who is the subject of dependency and termination-of-parental-rights proceedings and that the guardian ad litem’s role "shall be to protect the best interests of the child”); and…”
T.M. v. K.M.G., 68 So. 3d 849 (Ala. Civ. App. 2011).
“We note that the Alabama Legislature recently totally revised and reorganized the statutory provisions pertinent to juvenile proceedings with the passage of the Alabama Juvenile Justice Act, § 12-15-101 et seq, Ala.”
J.-M.S. v. K.B.J. & R.G.J., 401 So. 3d 1167 (Ala. Civ. App. 2024).
“See § 12-15-304(a), Ala. Code 1975)("In all dependency and termination of parental rights proceedings, the juvenile 4 CL-2022-1261 court shall appoint a guardian ad litem for a child who is a party to the proceedings and whose primary responsibility shall be to protect the best…”
Tm v. Kmg, 68 So. 3d 849 (Ala. Civ. App. 2011).
“We note that the Alabama Legislature recently totally revised and reorganized the statutory provisions pertinent to juvenile proceedings with the passage of the Alabama Juvenile Justice Act, § 12-15-101 et seq., Ala.Code 1975 ("the Act"), which took effect on January 1, 2009.”
K.B. v. Limestone Cnty. Dep't of Human Resources, 187 So. 3d 729 (Ala. Civ. App. 2015).
“Section 12-15-304(a), Ala.Code 1975, requires juvenile courts, in each dependency case, to appoint a guardian ad litem “whose primary responsibility shall be to protect the best interests of the child.”
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