Code of Alabama
Ala. Code § 12-15-309 (2026)
Alleged Dependent Child to Be Released When Continued Shelter Care Not Required; Conditions Imposed Upon Release; Amendment of Conditions or Return of Child to Custody Upon Failure to Conform to Conditions Imposed.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) When the juvenile court finds that continued shelter care is not required for a child, the juvenile court shall order the return of the child, and in so doing, may impose one or more of the following conditions singly or in combination:
(1) Return the child to the custody of the parent, legal guardian, or legal custodian and, if necessary, place the child under the supervision of the Department of Human Resources.
(2) Place restrictions on travel, associations, or living conditions of the child pending the adjudicatory hearing.
(b) An order releasing a child on any conditions specified may at any time be amended to impose additional or different conditions.
(Act 2008-277, p. 441, §18.)
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 2014–2025 · leading case: S.L.J.F. v. Cherokee Cnty. Dep't of Human Resources, 165 So. 3d 607 (Ala. Civ. App. 2014).
S.L.J.F. v. Cherokee Cnty. Dep't of Human Resources, 165 So. 3d 607 (Ala. Civ. App. 2014). “See § 12-15-309(a)(7). In-Dea Gibson, a DHR employee, testified that DHR had provided a variety of services to the mother, including FOCUS counseling, a psychological evaluation, “Garrett Counseling,” weekly visitation with the children, and a mental-health evaluation at CED.”
Ex parte P.G. PETITION FOR WRIT OF MANDAMUS (In re: Matter of J.G.) (Elmore Juv. Court: JU-24-224.01). (Ala. Civ. App. 2025). “14 CL-2024-0942 and CL-2024-0943 Based on her reading of Ala. Code 1975, § 12-15-309, the mother contends that the juvenile court had only three options available to it after ceasing the trial on November 13, 2024: (1) to adjudicate dependency, (2) to dismiss the petition, or…”
Ex parte P.G. PETITION FOR WRIT OF MANDAMUS (In re: Matter of H.S.) (Elmore Juv. Court: JU-24-225.01). (Ala. Civ. App. 2025). “14 CL-2024-0942 and CL-2024-0943 Based on her reading of Ala. Code 1975, § 12-15-309, the mother contends that the juvenile court had only three options available to it after ceasing the trial on November 13, 2024: (1) to adjudicate dependency, (2) to dismiss the petition, or…”
Steamships v. J.S. (In re J.S.), 263 So. 3d 728 (Ala. Civ. App. 2018). “Instead, we are more inclined to agree with the mother that the juvenile court's December 2017 order is consistent with the authority granted the juvenile court under Ala. Code 1975, § 12-15-309(a), which permits the juvenile court to release a child to the custody of a parent…”
Steamships v. J.S. (In re J.S.), 263 So. 3d 728 (Ala. Civ. App. 2018). “Instead, we are more inclined to agree with the mother that the juvenile court's December 2017 order is consistent with the authority granted the juvenile court under Ala. Code 1975, § 12-15-309(a), which permits the juvenile court to release a child to the custody of a parent…”
— Ala. Code § 12-15-309(a) — 4 cases
Steamships v. J.S. (In re J.S.), 263 So. 3d 728 (Ala. Civ. App. 2018). “Instead, we are more inclined to agree with the mother that the juvenile court's December 2017 order is consistent with the authority granted the juvenile court under Ala. Code 1975, § 12-15-309(a), which permits the juvenile court to release a child to the custody of a parent…”
Steamships v. J.S. (In re J.S.), 263 So. 3d 728 (Ala. Civ. App. 2018). “Instead, we are more inclined to agree with the mother that the juvenile court's December 2017 order is consistent with the authority granted the juvenile court under Ala. Code 1975, § 12-15-309(a), which permits the juvenile court to release a child to the custody of a parent…”
Ex parte P.G. PETITION FOR WRIT OF MANDAMUS (In re: Matter of J.G.) (Elmore Juv. Court: JU-24-224.01). (Ala. Civ. App. 2025). “14 CL-2024-0942 and CL-2024-0943 Based on her reading of Ala. Code 1975, § 12-15-309, the mother contends that the juvenile court had only three options available to it after ceasing the trial on November 13, 2024: (1) to adjudicate dependency, (2) to dismiss the petition, or…”
Ex parte P.G. PETITION FOR WRIT OF MANDAMUS (In re: Matter of H.S.) (Elmore Juv. Court: JU-24-225.01). (Ala. Civ. App. 2025). “14 CL-2024-0942 and CL-2024-0943 Based on her reading of Ala. Code 1975, § 12-15-309, the mother contends that the juvenile court had only three options available to it after ceasing the trial on November 13, 2024: (1) to adjudicate dependency, (2) to dismiss the petition, or…”
— Ala. Code § 12-15-309(a)(1) — 2 cases
Steamships v. J.S. (In re J.S.), 263 So. 3d 728 (Ala. Civ. App. 2018). “Instead, we are more inclined to agree with the mother that the juvenile court's December 2017 order is consistent with the authority granted the juvenile court under Ala. Code 1975, § 12-15-309(a), which permits the juvenile court to release a child to the custody of a parent…”
Steamships v. J.S. (In re J.S.), 263 So. 3d 728 (Ala. Civ. App. 2018). “Instead, we are more inclined to agree with the mother that the juvenile court's December 2017 order is consistent with the authority granted the juvenile court under Ala. Code 1975, § 12-15-309(a), which permits the juvenile court to release a child to the custody of a parent…”
— Ala. Code § 12-15-309(a)(7) — 1 case
S.L.J.F. v. Cherokee Cnty. Dep't of Human Resources, 165 So. 3d 607 (Ala. Civ. App. 2014). “See § 12-15-309(a)(7). In-Dea Gibson, a DHR employee, testified that DHR had provided a variety of services to the mother, including FOCUS counseling, a psychological evaluation, “Garrett Counseling,” weekly visitation with the children, and a mental-health evaluation at CED.”
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