25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
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22-52-10.3
Section 22-52-10.3 Order for outpatient treatment. (a) At the final hearing on a petition for
commitment seeking the involuntary commitment of a respondent, the probate court may order
that the respondent participate in outpatient treatment provided by a designated mental health
facility. (b) The probate court shall not order outpatient treatment unless the designated
mental health facility has consented to treat the respondent on an outpatient basis under
the terms and conditions set forth by the probate court. (c) If outpatient treatment is ordered,
the order of the probate court may state the specific conditions to be followed and shall
include the general condition that the respondent follow the directives and treatment plan
established by the designated mental health facility. (d) Pursuant to this section, an order
for outpatient treatment shall not exceed 150 days unless the order pertains to a renewal
of an outpatient commitment order up to one year as provided for by this...
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22-52-2
Section 22-52-2 Review of petition by probate judge; examination of petitioner; dismissal of
petition without further proceedings. (a) When any petition is filed seeking the involuntary
commitment of a respondent, the probate judge shall immediately review the petition and shall
require the petitioner to be sworn and answer under oath questions regarding the petition
and the respondent. (b) If it appears from the face of the petition or from the testimony
of the petitioner that the petition is totally without merit, the probate judge shall order
the petition dismissed without further proceedings. (Acts 1975, No. 1226, p. 2562, §2; Acts
1977, No. 670, p. 1143; Acts 1991, No. 91-440, p. 783, §4.)...
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26-2-3
Section 26-2-3 Transfer to circuit court; remand to probate court. (a) In any county where
the judge of probate is required to be learned in the law, the administration or conduct of
any guardianship or conservatorship of a minor or incapacitated person may be removed from
the probate court to the circuit court pursuant to Section 26-2-2 at any time before a proceeding
for final settlement thereof is commenced in probate court by the guardian or conservator
of the guardianship or conservatorship or guardian ad litem or next friend of a ward or anyone
entitled to support out of the estate of the ward without assigning any special equity. The
circuit court shall remand the administration of a guardianship or conservatorship transferred
pursuant to this section to the probate court if the circuit court finds that the removal
was sought for the purpose of improper delay or did not comply with applicable law. The circuit
court may remand the administration of a guardianship or...
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12-11-41.1
Section 12-11-41.1 Transfer to circuit court; remand to probate court. (a) In any county where
the judge of probate is required to be learned in the law, the administration of any estate
may be removed from the probate court to the circuit court pursuant to Section 12-11-41 at
any time before a proceeding for final settlement thereof is commenced in probate court by
any heir, devisee, legatee, distributee, executor, administrator, or administrator with the
will annexed of the estate, without assigning any special equity. The circuit court shall
remand the administration of an estate transferred pursuant to this section to the probate
court if the circuit court finds that the removal was sought for the purpose of improper delay
or did not comply with applicable law. The circuit court may remand the administration of
an estate pursuant to this section to the probate court if the circuit court finds that any
of the following apply: (1) The circuit court has issued a final order or...
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15-16-41
Section 15-16-41 Determination of necessity for hearing as to involuntary commitment of defendant
found not guilty by reason of insanity; subsequent proceedings. If a defendant in a criminal
case is found not guilty by reason of insanity, the court shall forthwith determine whether
the defendant should be held for a hearing on the issue of his involuntary commitment to the
Alabama State Department of Mental Health. If the court determines that there is probable
cause to believe that the defendant is mentally ill and as a consequence of such mental illness
poses a real and present threat of substantial harm to himself or to others, the court shall
order the defendant into the custody of the sheriff until a hearing can be held to determine
whether the defendant shall be involuntarily committed. If the court does not make such a
determination, then the defendant shall be forthwith released from custody. (Acts 1981, No.
81-708, p. 1189, §1.)...
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22-52-10.5
Section 22-52-10.5 Facilities for inpatient treatment; length of treatment; cost. (a) At the
final hearing on a petition for involuntary commitment or a hearing for the revocation of
a prior order for commitment to outpatient treatment, the probate court may order that the
respondent be committed to: (i) the department for inpatient treatment at a state mental health
facility, or (ii) the department for inpatient treatment at a designated mental health facility.
(b) Pursuant to this section, an order for inpatient treatment shall not exceed 150 days.
(c) No county shall be required to pay the cost of inpatient treatment provided at a state
mental health facility or inpatient treatment authorized by the department at a designated
mental health facility. (Acts 1991, No. 91-440, p. 783, §15.)...
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22-52-1.2
Section 22-52-1.2 Filing and contents of petition seeking involuntary commitment of another.
(a) Any person may file a petition seeking the involuntary commitment of another person. The
petition shall be filed in the probate court of the county in which the respondent is located.
The petition shall be in writing, executed under oath, and shall include the following information:
(1) The name and address, if known, of the respondent. (2) The name and address, if known,
of the respondent's spouse, legal counsel, or next-of-kin. (3) That the petitioner has reason
to believe the respondent is mentally ill. (4) That the beliefs of the petitioner are based
on specific behavior, acts, attempts, or threats, which shall be specified and described in
detail. (5) The names and addresses of other persons with knowledge of respondent's mental
illness who may be called as witnesses. The petition may be accompanied by any other relevant
information. (b) The home address and the telephone number of the...
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22-11A-36
Section 22-11A-36 Appeal of commitment order; notice of appeal; limitations to be placed upon
liberty of person pending appeal. An appeal from an order of the probate court granting a
petition seeking to commit a person to the custody of the Alabama Department of Public Health
or such other facility as the court may order lies to the circuit court for trial de novo
unless the probate judge who granted the petition was learned in the law, in which case the
appeal lies to the Alabama Court of Civil Appeals on the record. Notice of appeal shall be
given in writing to the probate judge within five days after the respondent has received actual
notice of the granting of the petition and shall be accompanied by security for costs, to
be approved by the probate judge, unless the probate judge finds that the person sought to
be committed is indigent, in which case no security shall be required. Upon the filing of
a notice of appeal, the probate judge shall determine and enter an order setting...
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43-8-198
Section 43-8-198 Transfer of contest to circuit court; appeal from judgment of circuit court;
certification of judgment, etc., to probate court. Upon the demand of any party to the contest,
made in writing at the time of filing the initial pleading, the probate court, or the judge
thereof, must enter an order transferring the contest to the circuit court of the county in
which the contest is made, and must certify all papers and documents pertaining to the contest
to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit
court and a special session of said court may be called for the trial of said contest or,
said contest may be tried by said circuit court at any special or regular session of said
court. The issues must be made up in the circuit court as if the trial were to be had in the
probate court, and the trial had in all other respects as trials in other civil cases in the
circuit court. An appeal to the supreme court may be taken from the...
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