SB 265 — Juvenile courts, Department of Youth Services responsible for housing and caring for child ordered to be transferred to custody of Department of Youth Services, Department of Youth Services to reimburse county detention facility for costs incurred under certain circumstances.

SB265 INTRODUCEDENGROSSED SB265 U5I9DGX-1J6MBYNF-2 By Senator Coleman-Madison RFD:

02-Apr-24 Page 0 U5I9DGX-1SB265 03/21/2024Engrossed ANS2 (L)4 crA 2024-1257BILL 2TO 4BE SYNOPSIS:ENTITLED AN ACT 8 Relating to juvenile courts;

Under existing law, a juvenile court may order a child to be transferred to the custody of the Department of Youth Services.

This bill would require the Department of Youth Services to reimburse a county detention facility under certain circumstances for the costs of housing a child once the child has been ordered to be transferred to the custody of the Department of Youth Services.

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.

A BILL TO BE ENTITLED AN ACT Relating to juvenile courts;

and to make nonsubstantive, technical revisions to update the existing code language to current style.Relating to juvenile Page 1 SB265 INTRODUCED courts;

to amend Sections 12-15-208 and 12-15-215, Code of Alabama 1975, to require the Department of Youth Services to reimburse a county detention facility for housing a child once the child has been ordered to the custody of the Department of Youth Services;

Effective October 1, 2009, A status offendersoffender, as defined in this article, shall not be detained or confined in secure custody, except as further provided in this subdivision and subsection (b)that a status offender who is charged with or who commits a violation of a valid court order may be detained in secure custody in a juvenile detention facility for up to 72 hours in any six-month period, provided that all conditions set forth in Page 1 SB265 Engrossed subdivision (3) of subsection (b) are satisfied.

Short-term secure custody of an accused status offenders offender may be necessary, such as detention in a juvenile detention facility, for a brief period, not exceeding 24 hours, prior to formal juvenile court action, for investigative purposes, for identification purposes, or for the purpose of allowing return of a status offender to the Page 2 SB265 INTRODUCED parent, legal guardian, or legal custodian.

Federal wards A federal ward who is held beyond 24 hours in secure custody in a state and or local juvenile detention facilitiesfacilitiesfacility pursuant to a written Page 2 SB265 Engrossed contract or agreement with a federal agency and for the specific purpose of affecting a jurisdictional transfer, or appearance as a material witness, or for return to theirhis or her lawful residence or country of citizenship shall be reported as violations a violation of the deinstitutionalization of status offender requirement.

Nonoffenders, as defined in this Page 3 SB265 INTRODUCED article, shall not be detained or confined in secure custodyA nonoffender.

Children (5) A child 11 or 12 years of age may only be 95 detained or confined in secure custody by orders of juvenile courts, unless:

(1) Persons A person who violate violates the federal law, which that prohibits possession of a handgun by a child under the age of 18 years of age, or who violate violates a Page 3 SB265 Engrossed similar state or municipal law,.

A person under this subdivision may be placed in secure custody in a juvenile detention facilities.facilitiesfacility.

(3) Status offendersA status offender who violate Page 4 SB265 INTRODUCED violates a valid court order.

95 a.

Within the first 24 hours during which a status offender is held in secure custody for violating a valid court Page 4 SB265 Engrossed order, not including weekends or holidays, a juvenile court intake or probation officer, or an authorized representative of the department or agency having custody or supervision of the child, shall interview the child, in person.

The(i) the individual who interviewed the child shall submit a written assessment report to the juvenile court Page 5 SB265 INTRODUCED regarding the immediate needs of the child;

(3) A person If the child is charged pursuant to Section 12-15-204 may be detained in a jail or lockup for Page 5 SB265 Engrossed adults.

An accused status offender may be detained in a nonsecure area of a jail Page 6 SB265 INTRODUCED or lockup for processing while waiting transportation to a nonsecure shelter care facility or a juvenile detention facility or while waiting for release to a parent, legal guardian, or legal custodian.

"Sound contact" is defined as direct verbal communication between adult inmates and an accused or Page 6 SB265 Engrossed adjudicated delinquent children child or a status offendersoffender.

(e)(f) Except as provided abovein this section, in providing detention and shelter or other care for children a Page 7 SB265 INTRODUCED child referred to or coming under the jurisdiction of the juvenile court, the juvenile court shall utilize only those facilities utilize a facility as have that has been established, licensed, or approved by the Department of Youth Services or Department of Human Resources for those purposes.

(h) The Department of Youth Services shall continue to develop and implement a statewide system of juvenile detention facilities which that shall be licensed by the Department of Page 7 SB265 Engrossed Youth Services for the detention of children.

Juvenile detention facilities may contract with the Department of Youth Services or other counties for Page 8 SB265 INTRODUCED the detention of children.

In the Page 8 SB265 Engrossed absence of evidence to the contrary, a finding that the child has committed an act which constitutes a felony is sufficient to sustain a finding that the child is in need of care or rehabilitation.

(c) If the juvenile court finds that the child is in Page 9 SB265 INTRODUCED need of care or rehabilitation, it may make order any of the following orders or dispositions, subject to the limitations and prohibitions on secure custody contained in Section 12-15-208:

that prior to any transfer of Page 9 SB265 Engrossed custody to the Department of Human Resources, the case shall first be referred to the county children's services facilitation team, which must proceed according to Article 5;

Upon referral to the county children's services facilitation team, the juvenile probation officer shall continue to provide case management to the status offender Page 10 SB265 INTRODUCED unless the county children's services facilitation team appoints another person to act as case manager.

Upon referral to the county children's services Page 10 SB265 Engrossed facilitation team pursuant to subparagraph 1., the juvenile probation officer shall continue to provide case management to the status offender unless the county children's services facilitation team appoints another person to act as case manager.

Page 11 SB265 INTRODUCED c.

(5) Make any Any other order as the juvenile court in its discretion shall deem determines to be appropriate for the welfare and best interests of the child, including random drug screens, assessment of fines not to exceed two hundred fifty dollars ($250), and restitution against the parent, legal guardian, legal custodian, or child, as the juvenile Page 11 SB265 Engrossed court deems appropriate.

Costs for juvenile court-ordered drug screening may be ordered to be paid for by the state out of moneysmonies appropriated as "court costs not otherwise provided for." Restitution against the parent, legal guardian, or legal custodian, or child shall be governed by the same principles applicable in the Restitution to Victims of Crime Act, commencing with Section 15-18-65.

Page 12 SB265 INTRODUCED (5) Direct the parent, legal guardian, or legal custodian of the child to perform reasonable acts as are deemed necessary to promote the best interests of the child.

(b)(f) No child by virtue of a disposition pursuant to this section shall be committed or transferred to a penal institution or other facility used for the execution of Page 12 SB265 Engrossed sentences of persons convicted of a crime.

In determining if a child is not Page 13 SB265 INTRODUCED amenable to treatment or rehabilitation making its determination, the juvenile court shall consider evidence of the following and other relevant factors:, which shall be included in the written recommendations of the juvenile probation officer:

(4) Other factors contributing to the behavioral Page 13 SB265 Engrossed difficulties of the child.

(e) Whenever (i) When the juvenile court vests issues Page 14 SB265 INTRODUCED an order transferring legal custody in an agency or department, it of a child to the Department of Youth Services, within 10 business days of the date the order is input into the State Judicial Information System pursuant to Rule 58(c) of the Alabama Rules of Civil Procedure, a juvenile probation officer shall transmit with send a copy of the order and copies of the clinical reports, predisposition study, and other information it has pertinent to the information required by Rule 950-2-2-.01 of the Alabama Administrative Code regarding the care and treatment of the child.

(f)(j) When a child is placed in the legal custody of a department, agency, organization, entity, or person as provided in this section, when and the parent, legal guardian, Page 14 SB265 Engrossed or legal custodian of the child has resources for child support, the juvenile court shall order child support in conformity with the child support guidelines as set out in Rule 32, Alabama Rules of Judicial Administration.

The child support shall be paid to the department, agency, organization, entity, or person in whose legal custody the child is placed and may be expended for those matters that are necessary for the welfare and well-being of those children placed in the departments, agencies, organizations, entities, or persons the Page 15 SB265 INTRODUCED child.