Code of Alabama
Ala. Code § 12-15-306 (2026)
Removing a Child from the Custody of a Parent, Legal Guardian, or Legal Custodian.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) A child may be removed by a law enforcement officer from the custody of a parent, legal guardian, or legal custodian if there are reasonable grounds to believe any of the following:
(1) The child is suffering from an illness or injury or is in imminent danger from the surroundings of the child and that the removal of the child is necessary for the protection of the health and safety of the child.
(2) The child has no parent, legal guardian, legal custodian, or other suitable person able to provide supervision and care for the child.
(b) The person removing the child shall immediately deliver the child to the Department of Human Resources.
(Act 2008-277, p. 441, §18.)
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2010–2021 · leading case: B.V. v. Davidson, 77 So. 3d 1187 (Ala. Civ. App. 2010).
B.V. v. Davidson, 77 So. 3d 1187 (Ala. Civ. App. 2010). “See Ala.Code 1975, § 12-15-306. When a foster child is involved, Alabama caselaw suggests that state actors may act summarily to remove a child in even less urgent circumstances when the child is not at risk.”
Adkisson v. Eubanks (N.D. Ala. 2020). “3) (quoting Ala. Code § 12-15-306 (a)(1)). Section 12-15-306 states that a when a law enforcement officer removes a child from a parent’s custody, the officer “shall immediately deliver the child to the Department of Human Resources.”
Crider v. Williams (N.D. Ala. 2021). “”); Ala. Code § 12-15-306 (a)(1) (“A child may be removed by a law enforcement officer from the custody of a parent .”
Adkisson v. Eubanks (N.D. Ala. 2020). “And there is the matter of Alabama Code § 12-15-306(a)(1). The Court sets A.”
G.N. v. Cullman Cnty. Dep't of Human Resources, 154 So. 3d 82 (Ala. 2014). “” § 12-15-306(a)(1), Ala.Code 1975. I believe the juvenile court lacked legal grounds to remove the child from his parents because there was no evidence of “[hjarm or the risk of harm to the emotional, physical health, or welfare of a child.”
— Ala. Code § 12-15-306(a)(1) — 2 cases
Adkisson v. Eubanks (N.D. Ala. 2020). “And there is the matter of Alabama Code § 12-15-306(a)(1). The Court sets A.”
G.N. v. Cullman Cnty. Dep't of Human Resources, 154 So. 3d 82 (Ala. 2014). “” § 12-15-306(a)(1), Ala.Code 1975. I believe the juvenile court lacked legal grounds to remove the child from his parents because there was no evidence of “[hjarm or the risk of harm to the emotional, physical health, or welfare of a child.”
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