HB31 Alabama 2019 Session

Summary

Primary Sponsor

Rex ReynoldsRepresentative

Republican

Session

Regular Session 2019

Title

Juveniles, dependency hearing, allow statements to be entered into evidence in cases if they were made by a child under the age of 12 during a forensic interview and pertain to allegations of abuse against the child, Secs. 12-15-301, 12-15-310 am'd.

Summary

HB 31 lets certain statements by a child under 12 about abuse, made during a forensic interview, be admitted as evidence in juvenile dependency hearings under specific reliability conditions.

What This Bill Does

It amends the relevant Alabama code to allow these child statements to be entered into evidence in dependency cases if they relate to abuse against the child and meet reliability requirements. The statements must have been made to a social worker, therapist, licensed professional, teacher, or during a forensic interview, and the court must find sufficient indicia of reliability based on factors like age, the nature of the abuse, and the relationship to the offender. This provision only applies to dependency hearings (not criminal cases) and requires prior notice to the opposing party about the intent to offer the statement; it also applies across all dependency hearings such as the 72-hour, adjudicatory, and dispositional hearings.

Who It Affects

• Children under 12 who are involved in juvenile dependency proceedings, as their statements about abuse may be admitted into evidence if criteria are met.
• Parents, legal guardians, kinship guardians, and other parties in dependency cases (including DHR, attorneys, and judges) who must handle and respond to these statements, including notice and reliability considerations.

Key Provisions

• Allows admissibility of a child's statement describing abuse made during a forensic interview or to specified professionals if the statement concerns abuse against the child and the court finds reliability.
• Makes admissibility depend on reliability factors such as the time, content, circumstances of the statement, the child’s age and maturity, relationship to the offender, and duration of abuse.
• Requires the proponent to notify the adverse party in advance of the intention to offer the statement and provide sufficient details to permit rebuttal.
• Applies to all dependency hearings (72-hour, adjudicatory, dispositional) and to cases brought by the State through a local department of human resources.
• Excludes application to criminal proceedings.
• Defines forensic interview and related terms within the amended sections.

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

Subjects

Juveniles