Procedure for making a parent, legal guardian, or legal custodian a party

(A) In any case in which a child is alleged to be dependent, the child's parent or parents, legal guardian, or legal custodian shall be considered a party or parties to the action. In any case in which a child is alleged to be delinquent or in need of supervision, a juvenile court, on motion of an interested party or on the court's own motion may make, by written order, the child's parent or parents, legal guardian, or legal custodian a party or parties to the proceeding. (B) A parent or parents or legal custodian who is or has been made a party shall be subject to orders to pay various expenses and costs to the extent provided by law. A parent or parents, legal guardian, or legal custodian who is or has been made a party to the proceeding may also be subject to other orders of the juvenile court. Failure of a parent or parents, legal guardian, or legal custodian to comply with the orders of the juvenile court may result in contempt proceedings being filed, and failure to make payments ordered may result in a civil judgment for the collection of the payments. (C) A parent or parents, legal guardian, or legal custodian who is or has been made a party to an action in which a child is alleged to be delinquent, dependent, or in need of supervision shall be served with a summons and a copy of the petition at the earliest opportunity pursuant to Ala. Code 1975, § 12-15122, and Rule 13 of these Rules and, if ordered by the court, may be subject to the provisions of Ala. Code 1975, §§ 12-15-109, 12-15-215(a)(4), and 12-15314(a)(4), as limited by Ala. Code 1975, § 26-2A-78, or other applicable law. (D) On each petition alleging that a child is delinquent, dependent, or in need of supervision, the following notice shall be placed in capital letters at the bottom of the petition, as follows: "NOTICE "A PARENT OR PARENTS, LEGAL GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD MAY BE MADE A PARTY TO A DELINQUENCY OR CHILD-IN-NEED- OF-SUPERVISION CASE PURSUANT TO ALA. CODE 1975, § 12-15- 113. A PARENT OR PARENTS OR LEGAL CUSTODIAN WHO IS OR HAS BEEN MADE A PARTY TO A DELINQUENCY, DEPENDENCY, OR CHILD-IN- NEED- OF-SUPERVISION CASE MAY BE REQUIRED TO PAY ATTORNEY FEES; TO PAY FOR EVALUATION AND TREATMENT; TO PAY FINES, COURT COSTS, AND RESTITUTION; AND TO PAY FOR CARE, SUPPORT, AND SUPERVISION OF THE CHILD. A PARENT OR PARENTS, LEGAL GUARDIAN, OR LEGAL CUSTODIAN WHO IS OR HAS BEEN MADE A PARTY TO A DELINQUENCY, DEPENDENCY, OR CHILD-IN-NEED-OF- SUPERVISION CASE MAY ALSO BE SUBJECT TO OTHER ORDERS. FAILURE TO COMPLY WITH THE ORDERS OF THE COURT MAY RESULT IN CONTEMPT PROCEEDINGS, AND FAILURE TO MAKE PAYMENTS ORDERED MAY RESULT IN A CIVIL JUDGMENT FOR THE COLLECTION OF THE PAYMENTS ORDERED." [Adopted 8-31-93; eff. 5-1-94; Amended eff. 1-9-2009; Amended 7-14-2011, eff. 10-1-2011; Amended 5-1-2014, eff. 7-1-2014.] Comment to Amendment to Rule 31 Effective January 9, 2009 Nonsubstantive changes were made to subsections (B), (D), and (E) of this rule to make the citations to the Alabama Code consistent with the Alabama Juvenile Justice Act of 2008. The term "legal custodian" was added and the word "legal" was added before the word "guardian" throughout this rule to be consistent with Ala. Code 1975, § 12-15-113. Other technical changes were made. Comment to Amendment to Rule 31 Effective October 1, 2011 Most of the changes to this rule were to clarify that parents, legal guardians, or legal custodians may be made parties only in delinquency and child-in-need-of- supervision cases. Parents, legal guardians, and legal custodians are already considered parties when a dependency case is filed because of the fact that they, as respondents, have a right to appointed counsel if determined by the juvenile court to be indigent. See Ala. Code 1975, § 12-15305(b). Other changes to this rule were technical. Comment to Amendment to Rule 31 Effective July 1, 2014