HB136 Alabama 2024 Session

Updated Feb 23, 2026

High Interest

Summary

Primary Sponsor: Matt SimpsonRepresentative
Republican
Session: Regular Session 2024
Title: Juvenile court; add'l courts authorized to issue of emergency ex parte order for protection of juveniles; process provided for
Summary: HB136 allows circuit or district courts to issue emergency ex parte orders of protection for children in certain divorce-related cases, potentially removing the child from custody to a relative or to the Department of Human Resources until a juvenile court hearing.
What This Bill Does
It expands who can issue emergency ex parte orders to include circuit and district courts in specific pending divorce, legal separation, or related actions. It may order removal of the child from a parent or custodian to a relative or to the department if no suitable relative is found, with findings that staying at home is not safe for the child. It requires immediate notice to the Department of Human Resources, which handles custody and health care provisions for the child. The emergency order remains in effect until a juvenile court hearing is held, where the court may ratify or issue its own order.

Who It Affects
Children in families with pending divorce, legal separation, or related actions who could be subject to an emergency order and possible removal from home.
Parents or legal custodians, who may temporarily lose custody of the child under an emergency order; the Department of Human Resources, which would receive notice and may take custody or arrange care and services.

Key Provisions
Adds Section 30-3-11 to allow circuit or district courts to issue an emergency ex parte order of protection or restraint in certain circumstances.
Allows removal of the child from the parent or custodian to a relative or, if none is found, temporary protective custody with the department; requires findings that it is unsafe for the child to remain at home.
Requires immediate verbal and written notice of the order to the Department of Human Resources and assigns duties to the department under existing laws, including authority to provide consent for medical and related services for the child.
The emergency order stays in effect until a juvenile court hearing, after which the court may ratify the order or issue its own order.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Courts & Judges