SB377 Alabama 2019 Session

Summary

Primary Sponsor

Sam GivhanSenator

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

SB 377 would allow certain statements made by a child under 12 during a forensic interview to be admitted as evidence in a juvenile dependency hearing if they relate to abuse against the child, with reliability and timing conditions.

What This Bill Does

It amends existing law to let forensic-interview statements by a child under 12 be entered into evidence in a juvenile dependency hearing in certain circumstances. It updates definitions (including what a forensic interview is and who can conduct them) and sets training and reliability standards for those interviews. It also requires advance notice to the opposing party and applies to all dependency hearings (not criminal cases) once effective.

Who It Affects

• Children under 12 involved in juvenile dependency hearings, whose statements made in a forensic interview about abuse may be admitted into evidence if conditions are met.
• State and local child-welfare entities and professionals (e.g., Department of Human Resources, social workers, clinicians, teachers, physicians) who conduct or evaluate forensic interviews and may present or rely on these statements, subject to defined reliability criteria and notice requirements.
• Parents or guardians involved in dependency proceedings, who must be given advance notice if such statements are offered into evidence.

Key Provisions

• Amends Sections 12-15-301 and 12-15-310 to permit admission of statements made during a forensic interview by a child under 12 in a juvenile dependency hearing if the statements pertain to abuse against the child.
• Defines and updates terms, including the creation and requirements of a 'Forensic Interview' (training, protocols, and competency standards for interviewers).
• Maintains an existing child-hearsay provision: a statement by a child under 12 about sexual conduct related to abuse may be admitted in dependency cases if the statement was made to specified professionals or during a forensic interview and the court finds reliability based on factors like age and relationship.
• Requires the party offering the statement to give advance notice to the adverse party with sufficient detail to allow rebuttal.
• Applies to all dependency hearings (72-hour, adjudicatory, dispositional) and excludes criminal proceedings.
• Effective date: becomes law on the first day of the third month following passage and governor approval.

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