HB323 Alabama 2018 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Paul W. LeeRepresentative
Republican
Session: Regular Session 2018
Title: Kinship guardianship, to remove certain requirements for appointment of guardians by the juvenile court, Sec. 12-15-314 am'd.
Summary: The bill removes the written-consent requirement from kinship guardianship and successor guardianship appointments, giving the juvenile court more flexibility to place a child with a relative or other caregiver.
What This Bill Does
It amends Section 12-15-314 to eliminate the requirement that a kinship guardian be appointed only if a living parent, legal guardian, or legal custodian consents in writing and has not withdrawn that consent, and to remove the requirement that a parent, legal guardian, or legal custodian consent in writing before appointing a successor guardian. The change shifts some decision-making power to the court, but other safeguards (like qualification standards, best-interests determinations, and background checks) remain part of the process. In short, kinship and successor guardianship can be established without prior parental consent, while still considering the child’s best interests and maintaining existing protections.

Who It Affects
Dependent children in Alabama who may be placed with kinship guardians or have a kinship or successor guardian appointed (potentially increasing placement options without needing parental consent).
Parents, legal guardians, or legal custodians of dependent children, whose written consent would no longer be a prerequisite for kinship or successor guardian appointments.

Key Provisions
Eliminates the requirement that a kinship guardian appointment by the juvenile court must have written consent from a living parent, legal guardian, or legal custodian (and that consent not be withdrawn).
Eliminates the requirement that a parent, legal guardian, or legal custodian must consent in writing before the appointment of a successor guardian.

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