HB401 Alabama 2014 Session

Under existing law, in 2008, the Alabama Juvenile Justice Act provided that a juvenile court must adjudicate a child as delinquent or dependent in a civil proceeding

Under existing law, a parent or guardian who fails to exercise reasonable diligence in the control of a child in order to prevent the child from becoming delinquent or dependent commits the crime of endangering the welfare of a child; however, the juvenile court must adjudicate the child delinquent or dependent in a civil proceeding before a criminal conviction may occur

This bill would clarify the meaning of dependent child for purposes of juvenile proceedings by updating an internal citation

This bill would remove the requirement that a child be adjudicated delinquent or dependent in a civil proceeding before a person may be convicted of endangering the welfare of a child, and provide that a delinquent child and dependent child for purposes of the crime of endangering the welfare of a child is defined using the same criteria that a juvenile court uses to make the determination in a civil proceeding

Relating to delinquent children and children in need of supervision; to amend Sections 12-15-102 and 13A-13-6, Code of Alabama 1975, to provide correct and internal citation in the definition of "dependent child"; and to clarify what constitutes a dependent child and a delinquent child for purposes of the crime of endangering the welfare of a child.