The Birmingham Juvenile Intake office is staffed with seven juvenile probation officers that have been sworn as magistrates. Their statutory function is to initiate juvenile cases according to the Alabama Rules of Juvenile Procedure, but they also receive criminal complaints and assist the public in filing of civil petitions.
Juvenile cases are in the matter of a "child" or "minor" as these terms are defined by the Alabama Juvenile Justice Act ( § § 12-15-1 through 12-15176). A magistrate according to Alabama Rules of Juvenile Procedure, Rule 12, must initiate every juvenile case. The magistrate receives and evaluates juvenile complaints similarly to criminal complaints and determines whether a petition will be filed to initiate a case before the court. Ala. Code, § 12-15-50. The following are various types of juvenile cases:
- Delinquent, where a child is alleged to have committed a crime. Ala. Code, § 12 15-30(a).
- Dependent, where a child is alleged to be subjected to abuse, neglect, a custody controversy or inadequate care. Code, § 12-15-30(a).
- Child in need of supervision, where a child is alleged to have committed a juvenile status offense. Ala. Code, § 12-15-30(a).
- Custody/guardianship, where the child is otherwise before the court or to register or enforce a custody decree of a juvenile court of another state. Ala. Code, §§ 12-15-30(b)(1) & 30-3-23.
- Judicial consent for a child’s marriage, employment, enlistment or withdrawal from school. Ala. Code, § 12-15-30(b)(2).
- Interstate Compact on Juveniles, for interstate placement of delinquent children or the return of juvenile interstate runaways, escapees or absconders. Code, § 12-15-30(b)(3) & 44-2-1 el seq..
- Involuntary commitment of a child or minor to the Alabama Department of Mental Health and Mental Retardation. Code, §§ 12-15-30(b)(4), 12-15-31(4) & 12-15-90.
- Termination of parental rights to a child. Ala. Code, § 12-15-30(b)(6) & 26-18-1 el seq..
- Emergency removal or medical treatment for a child. Ala. Code, §12-15-30(c)(I).
- Violation of a child’s rights in public school proceedings. Ala. Code, § 12-15 30(c)(2).
The magistrates of the Intake Office receive criminal complaints and issue warrants for the following misdemeanor offenses under the jurisdiction of Family Court:
- Violation of the Alabama Juvenile Justice Act. Ala. Code, § 12-15-31(l).
- Desertion and non-support. Ala. Code, § 12-15-31(3).
- Violation of the compulsory school attendance laws. Ala. Code, § 16-28-21.
The Intake Office assists the public in the filing of the following civil petitions in Family Court:
- Parentage of a child. Ala. Code, § 12-15-3](2),
- Child support. Ala. Code, § 30-3-60.
- Protection from abuse where there is no divorce pending. Code, § 30-5-2.
- Waiver of parental consent for abortion. Ala. Code, § 26-21-4.
- Removal of disabilities of nonage of a minor. Ala. Code, § 12-15-30(b)(2) & 2618-1 et seq..
The magistrates are on duty at the Family Court Courthouse and the Bessemer Courthouse during county office hours. At least one magistrate is on duty or on call at the G. Ross Bell Youth Detention Center at all other times for emergencies. For further information please contact the Intake Office, in Birmingham at 205-325-5454, in Bessemer at 205-481-4225, and on nights and weekends at 205-325-5805.
The Birmingham Juvenile Probation Services division of Family Court is made up of a director, and 24 Probation Officers. Juvenile Probation provides numerous services to juveniles and their families, to guide them through the process of Family Court. Each child is assigned a Probation Officer when they are charged with a crime. The Probation Officer would then provide pre-dispositional studies on each child before the Court on a delinquent or Child in Need of Supervision (CHINS) charge. They must supervise juveniles that are under terms of probation or a consent decree. Probation Officers report and make recommendations on a child’s progress as requested by the Court. Special studies are conducted for those youth that are considered for commitment to the Department of Youth Services, when a motion has been made to transfer the child to the adult court system, or if placement is necessary in a residential treatment facility. For further information contact John D. Duke, Director of Probation Services at 205-325-5989, or to speak with a specific Probation Officer call 205-325-5824.
This unit is the public’s initial contact with the Family Court system in matters of desertion and non-support, paternity of children born out of wedlock, contributing to the delinquency or neglect of a child, and protection from abuse. Probation Officers in this unit provide services on these cases from the beginning of the case (intake), through the court hearing, and any supervision or monitoring of the case ordered by the court.