Code of Alabama

Ala. Code § 26-14-6 (2026)

Temporary Protective Custody.

✓ official Alabama Legislature (ALISON) text, current July 2026

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A police officer, a law enforcement official, or a designated employee of the State or County Department of Human Resources may take a child into protective custody, or any person in charge of a hospital or similar institution or any physician treating a child may keep that child in his or her custody, without the consent of the parent or guardian, whether or not additional medical treatment is required, if the circumstances or conditions of the child are such that continuing in his or her place of residence or in the care and custody of the parent, guardian, custodian, or other person responsible for the child’s care presents an imminent danger to that child’s life or health. However, such official shall immediately notify the court having jurisdiction over juveniles of such actions in taking the child into protective custody; provided, that such custody shall not exceed 72 hours and that a court of competent jurisdiction and the Department of Human Resources shall be notified immediately in order that child-protective proceedings may be initiated. During such period of temporary custody, the director of the county department of human resources may give or cause to be given effective consent for medical, dental, health, and hospital services for any abused or neglected child.

(Acts 1975, No. 1124, p. 2213, §1.)

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1990–2021 · leading case: Ross v. State of Alabama, 15 F. Supp. 2d 1173 (M.D. Ala. 1998).

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Ross v. State of Alabama, 15 F. Supp. 2d 1173 (M.D. Ala. 1998). · cites it 9× “Ala.Code § 26-14-6 (1975); Foy, 94 F.3d at 1530 .”

Collier v. Buckner, 303 F. Supp. 3d 1232 (M.D. Ala. 2018). · cites it 2× “See Ala. Code 1975 § 26-14-6 (conditions for expungement of a "not indicated" listing); Ala.”

Foy v. Holston, 94 F.3d 1528 (11th Cir. 1996). “Ala.Code § 26-14-6. 3 . We have jurisdiction despite the absence of a final order.”

Decatur City Bd. of Educ. v. Aycock, 562 So. 2d 1331 (Ala. Civ. App. 1990). · cites it 3× “Ala.Code 1975, § 26-14-6. DHR has the responsibility to make a thorough investigation of reports of abuse, the primary purpose being protection of the child.”

Love v. Davis, 14 F. Supp. 2d 1273 (N.D. Ala. 1998). · cites it 2× “See Ala. Code §§ 26-14-6 and 26-14-7(b) (1975) (providing that DHR officials “may” assume temporary protective custody or initiate child-protective proceedings where, in their opinion, it is necessary for child’s welfare).”

Jordan ex rel. Jordan v. Jackson, 15 F.3d 333 (4th Cir. 1994). “See Ala. Code § 26-14-6 (1992) (72 hours); Ark.”

Crider v. Williams (N.D. Ala. 2021). “Code § 26-14-6 (authorizing DHR employees to “take a child into protective custody .”

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