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SB296 INTRODUCED
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SB296
SLDKE77-1
By Senator Barfoot
RFD: Judiciary
First Read: 12-Feb-26
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SLDKE77-1 02/12/2026 OW (L)cr 2026-851
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First Read: 12-Feb-26
SYNOPSIS:
Under existing law, a juvenile court may appoint
trained volunteers in addition to guardians ad litem in
dependency and termination-of-parental-rights
proceedings to promote the best interests of children
involved in these cases.
This bill would provide for the duties of the
unpaid volunteer advocates and prohibit volunteer
advocates from performing certain duties.
This bill would allow the juvenile courts to
order that the volunteer advocates have access to
certain records, reports, and information, and notice
of juvenile court hearings and reviews.
This bill would codify and define the role of
certain entities supporting local volunteer advocate
programs.
This bill would also require certain entities to
develop minimum standards and training curricula for
the local volunteer advocate programs.
A BILL
TO BE ENTITLED
AN ACT
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Relating to juvenile courts; to add Section 12-15-304.1
to the Code of Alabama 1975, to provide for the appointment,
duties, and limitations of unpaid volunteer advocates in
dependency and termination-of-parental-rights proceedings; to
authorize access to certain records and hearings; to codify
and define the role of the state entity supporting local
volunteer advocate programs, including the development of
minimum standards and training curricula; and to provide for
the responsibilities of local volunteer advocate programs.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 12-15-304.1 is added to the Code of
Alabama 1975, to read as follows:
§12-15-304.1
(a) For the purposes of this section, the term "state
entity" means the current state entity or its successor entity
that is a 26 U.S.C. § 501(c)(3) nonprofit corporation that
provides support and employees to local volunteer advocate
programs.
(b)(1) In a county in which a local volunteer advocate
program serves pursuant to Section 12-15-304(d), a juvenile
court may appoint a volunteer advocate in a dependency case
because of abuse or neglect or for other reasons pursuant to
Section 12-15-102(8) or in a termination-of-parental-rights
case to promote the best interests of the child and ensure the
child's safety and well-being.
(2) A volunteer advocate who has been appointed by a
juvenile court shall have successfully completed all of the
following:
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following:
a. Passed the application and screening process.
b. Completed the required pre-service training.
c. Been administered an oath by a juvenile court judge
in the county of service.
(3) A volunteer advocate who has been appointed by a
juvenile court shall serve without compensation and shall
perform the following duties if ordered by the juvenile court:
a. Establish and maintain appropriate professional
boundaries, avoiding any conflicts of interest or dual
relationships with the child or family.
b. Uphold confidentiality and respect for the privacy
of the child, family, and parties, sharing information only as
authorized by law or court order.
c. Report any incidents of child abuse or neglect, or
any situation in which the volunteer advocate has reason to
believe that the child is in imminent danger, to the
appropriate authorities and the individual over the local
volunteer advocate program.
d. Gain a clear, first-hand understanding of the
child's needs and circumstances by reviewing all relevant case
documents and records to which the volunteer advocate is
granted access through the appointment order issued by the
juvenile court, and by interviewing key individuals in the
child's life, such as the parents, social workers, teachers,
and others involved, consistent with training and local
volunteer advocate program procedures.
e. Identify, advocate for, and promote the best
interests of the child.
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interests of the child.
f. Collaborate and coordinate with legal, child
welfare, and other partners to ensure that services ordered by
the juvenile court in the case are provided and are in the
child's best interests.
g. Appear in hearings and reviews of the juvenile court
to advocate for the child's best interests and to provide
testimony when necessary.
h. At every hearing or review, if permitted by the
juvenile court, provide clear, factual, and objective court
reports that include independent information and
recommendations regarding the child's needs and best
interests. These reports shall be prepared in advance of each
substantive hearing or review.
i. Make informed recommendations for services to
support the needs of the child and the child's family. All
recommendations shall be discussed, reviewed, and approved
with the individual over the local volunteer advocate program
or other employees of the program before submission to the
juvenile court.
j. Seek information about whether permanency plans have
been created for the child and make recommendations concerning
permanency goals and plans.
k. Monitor implementation of the individualized service
plan and orders and assess whether services ordered by the
juvenile court in the case are implemented on time and whether
review hearings should be scheduled.
l.1. Maintain regular and consistent contact with the
child. The volunteer advocate must see the child in person at
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child. The volunteer advocate must see the child in person at
least once every 30 days. Whenever possible, in-person visits
should take place where the child resides to ensure an
accurate and thorough understanding of the child's environment
for informed case recommendations.
2. To allow for an exception to the requirements of
this paragraph, a local volunteer advocate program must have a
written exceptions policy providing for extenuating
circumstances when exceptions may be permitted.
3. The local volunteer advocate program shall document
and retain in the local volunteer advocate program's case
record all exceptions that permit less frequent contact, such
as visitations at least once every quarter or alternatives for
in-person contact, including the use of virtual means such as
FaceTime or Zoom, and shall include the justification for and
reasonableness for the exception.
m. Take or maintain photographs of the child solely for
case documentation, life-book, or memory-preservation purposes
for the benefit of the child, in accordance with a written
policy of the local volunteer advocate program and any written
order of the juvenile court. These photographs shall not be
used for advertising, fundraising, promotional, social media,
or other public or commercial purposes, or for any other
purposes at any time.
n. Inform the juvenile court of significant
developments affecting the child through written reports
submitted to the juvenile court, testimony in hearings or
reviews, or other means directed by the juvenile court.
o. Advocate for the child's best interests in the
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o. Advocate for the child's best interests in the
community by interfacing with mental health, education, and
other relevant systems, subject to confidentiality
limitations.
p. Participate in monthly case reviews with the
individual over the local volunteer advocate program or other
employees of the program.
q. Maintain in a secure manner complete records about
the case, including appointments, interviews, and information
gathered about the child and the child's life circumstances.
r. Return the case file and notes to the local
volunteer advocate program when finished with the assignment.
s. Participate in continuing education relevant to
local volunteer advocate program service.
(c) A volunteer advocate who has been appointed by a
juvenile court shall not do any of the following:
(1) Perform the duties of the Department of Human
Resources or a guardian ad litem, which may include, but not
be limited to, any of the following:
a. Investigating abuse or neglect allegations.
b. Making placement arrangements for the child.
c. Transporting the child.
d. Giving legal advice.
e. Providing therapeutic counseling.
f. Providing professional services to the child or
family members.
g. Conducting home evaluations or studies.
(2) Serve in cases other than dependency and
termination-of-parental-rights cases filed in any court,
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termination-of-parental-rights cases filed in any court,
including, but not limited to, child-support and domestic
relations cases.
(3) Give or accept money or gifts to or from the child,
family, caregivers, parents, relatives, or anyone associated
with the case.
(d)(1) A volunteer advocate appointed by a juvenile
court shall not be prohibited from having any child or family
member involved in the local volunteer advocate program or the
juvenile court system in their home under any circumstances.
(2) Subject to subdivision (1), all interactions
between volunteer advocates and the child shall occur only in
approved, professional, and appropriate settings that align
with the standards established by the local volunteer advocate
program and the juvenile court.
(e) Once a volunteer advocate has been appointed by a
juvenile court, the juvenile court, in the appointment order
or a separate order, may authorize the volunteer advocate to
inspect and receive copies of some or all the records,
reports, and information specified in Section 12-15-133 and to
keep these records, reports, and information confidential.
Upon presentation of a copy of the juvenile court appointment
order and proper identification, the clerk of the juvenile
court and any other official custodian of records, reports,
and information relating to the child, including, but not
limited to, governmental agencies, schools, medical providers,
and mental health providers, shall provide access to and
copies of them as permitted by law and by order of the
juvenile court.
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juvenile court.
(f) After a volunteer advocate has been appointed to a
case by a juvenile court, notice of all juvenile court
hearings and reviews in that case shall be provided to the
local volunteer advocate program in the same manner as notice
is provided to attorneys and parties in the case. This notice
shall continue for the duration of the volunteer advocate's
appointment in the case, unless the appointment is terminated
or modified by order of the juvenile court.
(g) A volunteer advocate appointed pursuant to this
section shall be subject to the provisions of The Volunteer
Service Act in Section 6-5-336, including Section 6-5-336(d)
providing for immunity from civil liability in any action.
(h) The state entity shall continue to provide this
support service to existing and any future local volunteer
advocate programs.
(i) The state entity shall develop minimum standards
for local volunteer advocate programs, which shall include,
but not be limited to, standards relating to ethical conduct
and confidentiality, governance, employee management,
volunteer management, and data collection.
(j) The state entity shall develop in-service training
curricula for initial and continuing education of volunteer
advocates covering topics and matters that would assist
volunteer advocates who are appointed by juvenile courts to
advocate for the best interests of children.
(k) All existing and future local volunteer advocate
programs shall satisfy all of the following:
(1) Be members of the state entity as provided in
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(1) Be members of the state entity as provided in
subsection (l).
(2) Be responsible for the full range of volunteer
advocate management duties, including, but not limited to, the
recruitment, screening, training, support, and supervision of
volunteer advocates.
(3) Ensure that volunteer advocates, governing board
members, and employees comply with all policies, plans,
procedures, and requirements established by both the state
entity and the local volunteer advocate program.
(4) Conduct in-service training for the initial and
continuing education of volunteer advocates, in accordance
with the curricula specified in subsection (j).
(5) Ensure the proper management and accountability of
all local volunteer advocate program funding.
(l) In order to be eligible for full membership in the
state entity, a current or future local volunteer advocate
program shall do all of the following:
(1) Operate as a nonprofit corporation under the
requirements of the Alabama Nonprofit Corporation Law, Chapter
3 of Title 10A.
(2) Enter into a membership agreement with the state
entity.
(3) Have an executive director. Umbrella programs are
allowed only if they were in existence on the effective date
of this act, and these programs shall designate an individual
to oversee the local volunteer advocate program.
(4) Provide assurance that the executive director, or
other individual overseeing the local volunteer advocate
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other individual overseeing the local volunteer advocate
program, as well as the program's employees and volunteer
advocates, are properly screened and adequately trained.
(m) The provisions of Section 45-39-81.02, relating to
Lauderdale County; Section 45-45-82, relating to Madison
County; Section 45-48-80, relating to Marshall County; and any
other local law from which funding may be distributed to a
local volunteer advocate program, shall not be superseded by
the provisions of this section.
(n) The provisions of this section shall complement the
provisions of Rule 6 of the Alabama Rules of Juvenile
Procedure and Rule 42 of the Alabama Rules of Judicial
Administration, both of which relate to the use of volunteers
in the Alabama judicial system, except that, in the event of a
conflict between the provisions of this section and the rules,
the provisions of this section shall control.
Section 2. This act shall become effective on June 1,
2026.
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