HB236 Alabama 2013 Session

Under existing law, a juvenile court may terminate the parental rights of a parent if the court finds by clear and convincing evidence that the parent is unable or unwilling to discharge his or her responsibilities or that the conduct or condition of the parent renders the parent unable to properly care for the child and the conduct or condition is unlikely to change in the foreseeable future. The juvenile court may consider certain factors in rendering its decision.

This bill would define drug rehabilitation program.

This bill would provide that where the court finds clear and convincing evidence excessive use of alcohol or controlled substance has rendered a parent unable to care for the needs of the child, a rebuttable presumption that the conduct is unlikely to change in the future exists if the parent has participated in a voluntary or court-ordered drug rehabilitation program on at least two separate occasions in the preceding five years or the child has been removed following an adjudication of dependency due to alcohol or controlled substance use by the parent on at least two separate occasions in the preceding five years and the parent has again used alcohol or controlled substances.

To amend Sections 12-15-301 and 12-15-319, Code of Alabama 1975; to define drug rehabilitation program; to provide further for termination of parental rights; and to provide a rebuttable presumption that the conduct of a parent who has been adjudged unable or unwilling to properly care for a child due to repeated excessive use of alcohol or controlled substances is unlikely to change in the foreseeable future.