(a) An adjudicatory hearing is a hearing at which evidence is presented for a juvenile court to determine if a child is dependent. At the commencement of the hearing, if the parties are not represented by counsel, they shall be informed of the specific allegations in the petition. The parties shall be permitted to admit or deny the allegations prior to the taking of testimony.
(b) If the allegations are denied by the parties or if they fail to respond, the juvenile court shall proceed to hear evidence on the petition. The juvenile court shall record its findings on whether the child is dependent. If the juvenile court finds that the allegations in the petition have not been proven by clear and convincing evidence, the juvenile court shall dismiss the petition.
(c) A statement made by a child under the age of 12 describing any act of child abuse committed against the child, if it is not otherwise admissible by statute or court rule, is admissible only in dependency cases brought by the State of Alabama acting by and through a local department of human resources if both of the following are true:
(1) The statement was made to a social worker, therapist, counselor, licensed psychologist, physician, or school or kindergarten teacher or instructor, or during a forensic interview.
(2) The juvenile court finds that the time, content, and circumstances of the statement provide sufficient indicia of reliability. In making its determination, the juvenile court may consider the physical and mental age and maturity of the child, the nature and duration of the abuse or offense, the relationship of the child to the offender, and any other factor deemed appropriate.
(d) A statement may not be admitted pursuant to this section unless the proponent of the statement makes known to the adverse party the intention of the proponent to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to rebut the statement. This child hearsay exception applies to all hearings involving dependency including, but not limited to, the 72-hour hearing requirement, the adjudicatory hearing, and the dispositional hearing. The exception contained in this subsection shall not apply to a criminal proceeding or charge.
(Act 2008-277, p. 441, §18; Act 2019-381, §1.)
Notes of Decisions
Cited in
63
cases (
22 in the last 5 years), 2009–2025 · leading case:
J.W. v. T.D., 58 So. 3d 782 (Ala. Civ. App. 2010).
J.W. v. T.D., 58 So. 3d 782 (Ala. Civ. App. 2010).
· cites it 4× “See Ala.Code 1975, §§ 12-15-310(b) and 12-15-311(a).”
J.B.B. v. Alabama Dep't of Human Resources, 120 So. 3d 517 (Ala. Civ. App. 2013).
· cites it 8× “The parents contend, as they did in the juvenile court, that the clinical reports and the interviews contained hearsay statements of the children that they had had no fair opportunity to rebut, as required by § 12-15-310, Ala. Code 1975. Section 12-15-310, provides, in pertinent…”
J.A. v. C.M., 93 So. 3d 953 (Ala. Civ. App. 2012).
· cites it 2× “See also § 12-15-310(b), Ala.Code 1975 (“If the juvenile court finds that the allegations in the [dependency] petition have not been proven *955 by clear and convincing evidence, the juvenile court shall dismiss the petition.”
L.R.S. v. M.J., 229 So. 3d 772 (Ala. Civ. App. 2016).
· cites it 2× “See Ala. Code 1975, § 12-15-310(b). - Thus, the- juvenile court did not have the authority under § 12—15— 114(a) to enter its judgment.”
A.G. v. Ka.g., 114 So. 3d 24 (Ala. 2012).
· cites it 2× “See Ala.Code 1975, § 12-15-310(b).” P.S.R. v.”
S.L.M. v. S.C., 171 So. 3d 656 (Ala. Civ. App. 2013).
· cites it 2× “(“the children”), see § 12-15-310(a), Ala.Code 1975, “not a custody-modification hearing.”
T.J. v. Calhoun Cnty. Dep't of Human Resources, 116 So. 3d 1168 (Ala. Civ. App. 2013).
“See § 12-15-310(b), Ala.Code 1975. The mother also argues that the juvenile court lacked the authority to enter an order allowing DHR to remove personal property from her home.”
J.L. v. W.E., 64 So. 3d 631 (Ala. Civ. App. 2010).
“”); and § 12-15-310(b), Ala. Code 1975 (“If the juvenile court finds that the allegations in the [dependency] petition have not been proven by clear and convincing evidence, the juvenile court shall dismiss the petition.”
A.E. v. M.C., 100 So. 3d 587 (Ala. Civ. App. 2012).
“”); see also § 12-15-310(b), Ala.Code 1975 (requiring dependency allegations to be proven by clear and convincing evidence).”
T.C. v. Mac. M., 96 So. 3d 123 (Ala. 2012).
“See § 12-15-310 and § 12-15-311, Ala.Code 1975.”
— Ala. Code § 12-15-310(a) — 7 cases
S.L.M. v. S.C., 171 So. 3d 656 (Ala. Civ. App. 2013).
“(“the children”), see § 12-15-310(a), Ala.Code 1975, “not a custody-modification hearing.”
— Ala. Code § 12-15-310(b) — 47 cases
J.W. v. T.D., 58 So. 3d 782 (Ala. Civ. App. 2010).
“See Ala.Code 1975, §§ 12-15-310(b) and 12-15-311(a).”
J.A. v. C.M., 93 So. 3d 953 (Ala. Civ. App. 2012).
“See also § 12-15-310(b), Ala.Code 1975 (“If the juvenile court finds that the allegations in the [dependency] petition have not been proven *955 by clear and convincing evidence, the juvenile court shall dismiss the petition.”
L.R.S. v. M.J., 229 So. 3d 772 (Ala. Civ. App. 2016).
“See Ala. Code 1975, § 12-15-310(b). - Thus, the- juvenile court did not have the authority under § 12—15— 114(a) to enter its judgment.”
— Ala. Code § 12-15-310(c) — 2 cases
J.B.B. v. Alabama Dep't of Human Resources, 120 So. 3d 517 (Ala. Civ. App. 2013).
“The parents contend, as they did in the juvenile court, that the clinical reports and the interviews contained hearsay statements of the children that they had had no fair opportunity to rebut, as required by § 12-15-310, Ala. Code 1975. Section 12-15-310, provides, in pertinent…”
— Ala. Code § 12-15-310(d) — 1 case
J.B.B. v. Alabama Dep't of Human Resources, 120 So. 3d 517 (Ala. Civ. App. 2013).
“The parents contend, as they did in the juvenile court, that the clinical reports and the interviews contained hearsay statements of the children that they had had no fair opportunity to rebut, as required by § 12-15-310, Ala. Code 1975. Section 12-15-310, provides, in pertinent…”
— Ala. Code § 12-15-310(e) — 1 case
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