HB361 Alabama 2010 Session

Summary

Primary Sponsor

David Grimes

Republican

Session

Regular Session 2010

Title

Children, dependency cases, testimony of child regarding sexual contact, admissible whether or not brought by Human Resources Department, Sec. 12-15-310 am'd.

Summary

HB361 expands the admissibility of certain child sexual abuse statements in Alabama dependency cases by removing the requirement that the case be brought by a local Department of Human Resources.

What This Bill Does

It allows a statement by a child under age 12 describing sexual conduct to be admissible in dependency cases brought by the State through a local DHR if the statement was made to a social worker, therapist, physician, teacher, or similar professional, and the court finds it reliable. The court will consider factors like the child’s age, the nature of the abuse, and the relationship to the offender when deciding reliability. The rule applies to all dependency hearings (including 72-hour hearings, adjudicatory hearings, and dispositional hearings) but not to criminal cases, and requires the party offering the statement to give advance notice and details to the other side to allow rebuttal.

Who It Affects

• Children under age 12 whose statements about sexual conduct may be admitted in dependency cases, if the conditions are met.
• Parties in dependency proceedings (the State through local DHR, social workers, therapists, doctors, teachers) and the opposing party, who must be informed of the intent to admit the statement and receive a fair opportunity to rebut.

Key Provisions

• Removes the requirement that a dependency case must be brought by the Department of Human Resources for the child’s statement to be admissible.
• Allows admissibility of certain child sexual abuse statements in all dependency cases if the statement was made to a designated professional and the court finds reliability based on specified factors.
• Requires advance notice to the adverse party of the intention to offer the statement and its particulars.
• Applies the exception to all dependency hearings (72-hour, adjudicatory, dispositional) but not to criminal proceedings.
• Effective date: first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Children