Code of Alabama
Ala. Code § 26-18-5 (2026)
Who May File Petition.
✓ official Alabama Legislature (ALISON) text, current July 2026
Amended and renumbered as Section 12-15-317 by Act 2008-277, §19, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §5; Act 98-370, p. 670, §1.)
Notes of Decisions
Cited in 24
cases, 1985–2014 · leading case: T.G. v. Houston Cnty. Dep't of Human Resources, 39 So. 3d 1146 (Ala. Civ. App. 2009).
T.G. v. Houston Cnty. Dep't of Human Resources, 39 So. 3d 1146 (Ala. Civ. App. 2009). “Specifically, the mother asserts that § 26-18-5, Ala.Code 1975, 1 establishes a statutory limitation period for filing a termination petition.”
Ex Parte Beasley, 564 So. 2d 950 (Ala. 1990). “It is a comprehensive act that now provides for the procedure and the substantive grounds that must be proved in a termination of parental rights case, such as: (1) the person or entities who may file a petition (Ala.Code 1975, § 26-18-5), (2) the procedure to be used for…”
Ex parte L.J., 176 So. 3d 186 (Ala. 2014). “The dissent notes that former § 26-18-5, Ala. 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.”
J.B. v. Cleburne Cnty. Dhr, 992 So. 2d 34 (Ala. Civ. App. 2008). “In addition, if a parent has committed a felony assault against a child resulting in serious bodily injury to the child, the law generally requires DHR to immediately file a petition to terminate parental *56 rights, see Ala.Code 1975, § 26-18-5(b). By ordering DHR to use…”
State Dept. of Human Resources v. Ak, 851 So. 2d 1 (Ala. Civ. App. 2002). “The record further reflects DHR's current petition to terminate parental rights corresponds with the requirement in Ala. Code 1975, § 26-18-5(b), that DHR must seek termination of parental rights once a child has remained in foster care for 15 of the most recent 22 months.”
JC v. State Dep't of Human Resources, 986 So. 2d 1172 (Ala. Civ. App. 2007). “" [8] Section 26-18-5(b), a part of the 1984 Child Protection Act, states, in part: "In the case of a child who has been in foster care under the responsibility of the department for 15 of the most recent 22 months, .”
C.C. v. L.J., 176 So. 3d 183 (Ala. Civ. App. 2013). “Former § 26-18-5 has been carried forward into the AJJA and codified at Ala.”
B.M. v. State, 895 So. 2d 319 (Ala. Civ. App. 2004). “Although it does appear that Ala.Code 1975, §§ 26-18-5 and 26-18-6, presuppose the filing of a petition to terminate parental rights and service of that petition as prerequisites to the consideration of the termination of the parental rights of a parent, Ala.”
HH v. Baldwin Cnty. DHR, 989 So. 2d 1094 (Ala. Civ. App. 2008). “Section 26-18-5(b) further generally requires that DHR shall file or join a petition to terminate parental rights when the child has been in foster care for 15 of the most recent 22 months.”
B.J.C. v. D.E., 874 So. 2d 1109 (Ala. Civ. App. 2003). “” § 26-18-5(a), Ala. Code 1975 (emphasis added).”
B.J.K.A. v. Cleburne Cnty. Dep't of Human Resources, 28 So. 3d 765 (Ala. Civ. App. 2009). “3 Ala.Code 1975, § 26-18-5(b). According to McMullen, “the clock” did not start over each time the children were returned to the mother and DHR could consider the other two periods the children had been in foster care when determining whether the mother could be rehabilitated or…”
F.P. v. J.K.M., 857 So. 2d 125 (Ala. 2003). “It is a comprehensive act that now provides for the procedure and the substantive grounds that must be proved in a termination of parental rights case, such as: (1) the person or entities who may file a petition (Ala. Code 1975, § 26-18-5), (2) the procedure to be used for…”
Ala. Code § 26-18-5(a): 3 cases
B.J.C. v. D.E., 874 So. 2d 1109 (Ala. Civ. App. 2003). “” § 26-18-5(a), Ala. Code 1975 (emphasis added).”
C.C. v. L.J., 176 So. 3d 183 (Ala. Civ. App. 2013). “Former § 26-18-5 has been carried forward into the AJJA and codified at Ala.”
Bjc v. De, 874 So. 2d 1109 (Ala. Civ. App. 2003).
Ala. Code § 26-18-5(b): 9 cases
T.G. v. Houston Cnty. Dep't of Human Resources, 39 So. 3d 1146 (Ala. Civ. App. 2009). “Specifically, the mother asserts that § 26-18-5, Ala.Code 1975, 1 establishes a statutory limitation period for filing a termination petition.”
J.B. v. Cleburne Cnty. Dhr, 992 So. 2d 34 (Ala. Civ. App. 2008). “In addition, if a parent has committed a felony assault against a child resulting in serious bodily injury to the child, the law generally requires DHR to immediately file a petition to terminate parental *56 rights, see Ala.Code 1975, § 26-18-5(b). By ordering DHR to use…”
State Dept. of Human Resources v. Ak, 851 So. 2d 1 (Ala. Civ. App. 2002). “The record further reflects DHR's current petition to terminate parental rights corresponds with the requirement in Ala. Code 1975, § 26-18-5(b), that DHR must seek termination of parental rights once a child has remained in foster care for 15 of the most recent 22 months.”
JC v. State Dep't of Human Resources, 986 So. 2d 1172 (Ala. Civ. App. 2007). “" [8] Section 26-18-5(b), a part of the 1984 Child Protection Act, states, in part: "In the case of a child who has been in foster care under the responsibility of the department for 15 of the most recent 22 months, .”
HH v. Baldwin Cnty. DHR, 989 So. 2d 1094 (Ala. Civ. App. 2008). “Section 26-18-5(b) further generally requires that DHR shall file or join a petition to terminate parental rights when the child has been in foster care for 15 of the most recent 22 months.”
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