The Department of Human Resources, any public or private licensed child-placing agency, parent, child, or any interested person may file a petition to terminate the parental rights of a parent or parents of a child.
(1) Mandatory filing of petition by the Department of Human Resources. The Department of Human Resources shall be required to file a petition to terminate the parental rights of a parent or parents of a child, or if the petition has been filed by another party, shall seek to be joined as a party to the petition, and, concurrently, to identify, recruit, process, and approve a qualified family for adoption, in the following circumstances:
a. In the case of a child who has been in foster care in the custody of the Department of Human Resources for 12 of the most recent 22 months.
b. If a child has been abandoned.
c. If the parent has committed murder of another child of that parent.
d. If the parent has committed manslaughter of another child of that parent.
e. If the parent has aided, abetted, attempted, conspired, or solicited to commit murder or manslaughter of another child of that parent.
f. If the parent has committed a felony assault that has resulted in serious bodily injury, as defined in paragraph c. of subdivision (5) of subsection (a) of Section 12-15-319, to the child, to another child of the parent, or to the other parent of the child.
(2) Exceptions to mandatory filing shall include any of the following factors:
a. The child is being cared for by a relative.
b. The Department of Human Resources has documented in the individualized service plan, which shall be available for review by the juvenile court, a compelling reason for determining that filing a petition would not be in the best interests of the child.
c. The Department of Human Resources has not provided to the family of the child, consistent with the time period in the individualized service plan of the Department of Human Resources, such services as the Department of Human Resources deems necessary for the safe return of the child to his or her home, if reasonable efforts are required to be made with respect to the child.
(Acts 1984, No. 84-261, p. 442, §5; Act 98-370, p. 670, §1; §26-18-5; amended and renumbered by Act 2008-277, p. 441, §19; Act 2013-157, p. 297, §2.)
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 2009–2024 · leading case:
Ex parte L.J., 176 So. 3d 186 (Ala. 2014).
Ex parte L.J., 176 So. 3d 186 (Ala. 2014).
· cites it 15× “Code 1975, a provision of the Child Protection Act ("the CPA"), which was amended and carried forward in the 2008 AJJA as § 12-15-317, Ala. Code 1975, now provides that "'any .”
F.V.O. v. Coffee Cnty. Dep't of Human Resources, 145 So. 3d 11 (Ala. Civ. App. 2012).
· cites it 3× “Under § 12-15-317(1), Ala.Code 1975, DHR must file a petition to terminate the *17 parental rights to a child who has been in foster care for 15 of the most recent 22 months, unless one of the exceptions listed in § 12-15-317(2), Ala.”
D.F.H. v. State Dep't of Human Resources, 51 So. 3d 1081 (Ala. Civ. App. 2010).
· cites it 3× “To the contrary, § 12-15-317, by authorizing a parent to file a petition to terminate the parental rights of another parent, recognizes that the existence of a suitable custodial relative does not prevent the termination of parental rights.”
C.C. v. L.J., 176 So. 3d 183 (Ala. Civ. App. 2013).
· cites it 2× “Former § 26-18-5 has been carried forward into the AJJA and codified at Ala.Code 1975, § 12-15-317, which states that “any .”
A.H. v. B.C., 178 So. 3d 853 (Ala. 2015).
“§ 12-15-317. If the legislature intended to foreclose a parent from bringing a termination petition by first requiring an allegation of dependency, it would not have also provided for the right to bring such a termination petition in the 2008 AJJA.”
J.G. v. Lauderdale Cnty. Dep't of Human Resources, No. 2210455 (Ala. Civ. App. Jan. 13, 2023).
· cites it 2× “2d at 954, that dictum does not express any authoritative opinion that constitutional concerns for due process or standing require a finding of dependency.”
A.M. v. Colbert Cnty. Dep't of Human Res., 236 So. 3d 81 (Ala. Civ. App. 2015).
· cites it 3× “We perceive no violation of § 12-15-317 on the part of DHR in its having filed the termination petitions giving rise to the judgment under review in September 2014-approximately two years after the father was identified by the mother.”
Ala. Code § 12-15-317(1): 2 cases
F.V.O. v. Coffee Cnty. Dep't of Human Resources, 145 So. 3d 11 (Ala. Civ. App. 2012).
“Under § 12-15-317(1), Ala.Code 1975, DHR must file a petition to terminate the *17 parental rights to a child who has been in foster care for 15 of the most recent 22 months, unless one of the exceptions listed in § 12-15-317(2), Ala.”
Ala. Code § 12-15-317(2): 2 cases
F.V.O. v. Coffee Cnty. Dep't of Human Resources, 145 So. 3d 11 (Ala. Civ. App. 2012).
“Under § 12-15-317(1), Ala.Code 1975, DHR must file a petition to terminate the *17 parental rights to a child who has been in foster care for 15 of the most recent 22 months, unless one of the exceptions listed in § 12-15-317(2), Ala.”
A.M. v. Colbert Cnty. Dep't of Human Res., 236 So. 3d 81 (Ala. Civ. App. 2015).
“We perceive no violation of § 12-15-317 on the part of DHR in its having filed the termination petitions giving rise to the judgment under review in September 2014-approximately two years after the father was identified by the mother.”
Ala. Code § 12-15-317(a)(2): 1 case
D.F.H. v. State Dep't of Human Resources, 51 So. 3d 1081 (Ala. Civ. App. 2010).
“To the contrary, § 12-15-317, by authorizing a parent to file a petition to terminate the parental rights of another parent, recognizes that the existence of a suitable custodial relative does not prevent the termination of parental rights.”
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