HB236 Alabama 2013 Session

Summary

Primary Sponsor

Wes Long

Republican

Co-Sponsors

Victor GastonRichard Baughn

Session

Regular Session 2013

Title

Parental rights, termination, alcohol or controlled substance use, excessive, persistant, rebuttable presumption of continued abuse, Secs. 12-15-301, 12-15-319 am'd.

Summary

The bill creates a rule that parents who repeatedly misuse alcohol or drugs and have undergone drug rehabilitation two times in five years (or whose child has been removed twice for such use) face a rebuttable presumption that their conduct is unlikely to change, affecting termination of parental rights.

What This Bill Does

It defines what a drug rehabilitation program is. It adds a new rebuttable presumption in termination cases: if a parent shows excessive use of alcohol or drugs and has completed two rehab programs within five years or the child was removed twice for substance-related reasons and the parent relapses, the court may presume the conduct is unlikely to change. This presumption influences whether the court terminates parental rights, though it can be challenged in court. The bill updates the relevant statutes to reflect these changes.

Who It Affects

• Parents who have repeatedly used alcohol or controlled substances and have participated in two drug rehabilitation programs in the last five years or who have had two removals of a child due to substance use and then relapse; they may face a stronger presumption toward termination.
• Children in cases where parental substance use and relapse occur; they may experience termination of parental rights more readily under the new presumption, affecting their permanency options and the work of child welfare agencies.

Key Provisions

• Defines 'drug rehabilitation program' to include therapy, counseling, detox, group therapy, or other services for treating addiction, and explicitly includes programs like drug courts and Alcoholics Anonymous.
• Creates a rebuttable presumption that a parent's conduct is unlikely to change if: (a) the parent has completed two drug rehabilitation programs in the five years before a termination petition and has used alcohol or drugs again, or (b) the child has been removed twice for dependency due to the parent's substance use in the last five years and the parent has used substances again.
• Amends the sections on termination of parental rights to incorporate the new definition and the new presumption, guiding how courts decide whether to terminate parental rights in these cases.

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

Subjects

Controlled Substances