Alabama Bill Expands Authority for Judges to Remove Children from Unsafe Situations

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Alabama Rep. Matt Simpson (R-Daphne) has introduced a bill, HB 54, aimed at granting circuit and district court judges the authority to remove children from unsafe environments, a power currently reserved solely for juvenile court judges. Under existing law, only juvenile judges can issue ex-parte orders for child protection in cases of abuse or neglect. However, Simpson’s proposed bill would extend this ability to circuit and district judges, allowing them to intervene in emergency situations involving pending divorce or custody disputes, as well as other related family matters.

Simpson explained that the bill is designed to provide temporary protection for children in potentially dangerous circumstances, stating, "It would be removing them from an unsafe situation and putting them with other guardians or finding the best home for a certain period until the investigation can be done." The bill allows judges to issue orders to protect the child until a juvenile court can hold a hearing to either ratify the order or make its own ruling.

The push for this legislation stems from an incident involving Mobile County Circuit Court Judge Walter Honeycutt, who encountered a case in September 2023 where the safety of two young children was in question. However, Honeycutt did not have the jurisdiction to remove the children, which resulted in a tragic outcome. "Please give me jurisdiction," Honeycutt pleaded, referring to the necessity for judges to have the authority to act in such situations.

Rep. Simpson noted that the bill has been shaped with input from the Department of Human Resources (DHR) and the legal system to ensure it addresses emergency cases effectively while protecting the rights of those involved. The Alabama Legislature will review HB 54 in its 2025 regular session.