22-11A-27
Section 22-11A-27 Commitment petition - Notice of petition to be served; contents. When any
petition has been filed seeking to commit a person to the custody of the Alabama Department
of Public Health on the ground that such person is a danger to public health and such petition
has been reviewed by the probate judge, the probate judge shall order the sheriff of the county
in which such person is located to serve a copy of the petition, together with a copy of the
order setting the petition for hearing, upon such person. Said notice shall include the date,
time and place of the hearing; a clear statement of the purpose of the proceeding and the
possible consequences to the subject thereof; the alleged factual basis for the proposed commitment;
a statement of the legal standards upon which commitment is authorized; and a list of the
names and addresses of the witnesses who may be called to testify in support of the petition.
Said notice shall be served on the person sought to be...
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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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22-11A-30
Section 22-11A-30 Commitment petition - Order for person to appear for hearing and be examined
by physician. When a petition has been filed seeking to commit any person to the custody of
the Alabama Department of Public Health, the probate judge shall order such person to appear
at the places and times designated for hearing the petition, and may order the person to appear
at designated times and places to be examined by licensed physicians. If the respondent does
not appear as ordered by the probate judge, the probate judge may order the sheriff of the
county in which the person is located to take the respondent into custody and compel his attendance
as ordered by the probate judge. (Acts 1987, No. 87-574, p. 904, §30.)...
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22-11A-31
Section 22-11A-31 Commitment petition - Rules to apply at hearings. At all hearings conducted
by the probate judge in relation to a petition to commit any person to the custody of the
Alabama Department of Public Health or such other facility as the court may order, the following
rules shall apply: (1) The person sought to be committed shall be present unless, prior to
the hearing, the attorney for such person has filed in writing a waiver of the presence of
such person on the ground that the presence of such person would be dangerous to such person's
health or that such person's conduct could reasonably be expected to prevent the hearing from
being held in an orderly manner, and the probate judge has judicially found and determined
from evidence presented in an adversary hearing that the person proposed to be committed is
so mentally or physically ill as to be incapable of attending such proceedings. Upon such
findings, an order shall be entered approving the waiver. (2) The person...
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22-11A-32
Section 22-11A-32 Commitment petition - Findings; rehearing; confinement when no treatment
available. (a) If, at the final hearing, upon 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, the probate judge, on the basis of clear and convincing evidence, shall find: (1) That
the person sought to be committed has been exposed or is afflicted with one of the diseases
designated in this article; (2) That the person has refused testing or voluntary treatment;
(3) That, as a consequence of the disease, the person is dangerous to himself and the health
of the community; (4) That the person conducts himself so as to expose others to the disease;
(5) That treatment is available for the person's illness if confined or that confinement is
necessary to prevent further spread of the disease; and (6) That commitment is the least restrictive
alternative necessary and available for the treatment of the person's...
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22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special
judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order may be
filed by the director of a state mental health facility or his designee at least 30 days prior
to the expiration of the current commitment order. The petition, together with a copy of the
original commitment order and copies of any subsequent renewal commitment orders, shall be
filed with the probate court of the county where the facility is located. The petition shall
explain in detail why renewal of the order is being requested, and shall further explain in
detail why less restrictive conditions of treatment are not appropriate. (b) Such probate
court may consider, hear, and enter appropriate orders pursuant to this section or may request
that the case be heard by a special judge of probate. (c) Whenever and wherever it shall become
necessary that a special judge of probate be provided to hear and...
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22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum standards
for civil commitment; appeals from orders of probate courts as to commitment. (a) Any civil
commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
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26-2A-102
Section 26-2A-102 Court appointment of guardian for incapacitated person. (a) Except as provided
by subsection (e), an incapacitated person or any person interested in the welfare of the
incapacitated person may petition for appointment of a limited or general guardian. (b) After
the filing of a petition, the court shall set a date for hearing on the issue of incapacity
so that notices may be given as required by Section 26-2A-103, and, unless the allegedly incapacitated
person is represented by counsel, appoint an attorney to represent the person in the proceeding.
The person so appointed may be granted the powers and duties of a guardian ad litem. The person
alleged to be incapacitated shall be examined by a physician or other qualified person appointed
by the court who shall submit a report in writing to the court. The person alleged to be incapacitated
also shall be interviewed by a court representative sent by the court. The court representative
also shall interview the person who...
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45-37-40.02
Section 45-37-40.02 Barber commission. (a) There shall be a barber commission for the county
consisting of three members, one of whom shall be black, herein at times referred to as the
commission. The present members of the commission having been previously appointed by the
county commission, shall serve for the duration of their term, but in the event of a vacancy
existing at the time of taking effect of this section or occurring in the future, the vacancy
shall be filled, and all subsequent members of the commission shall be selected or appointed
in the manner provided in this section for terms of three years. The members of the commission
shall be nominated by the barbers licensed by the commission and only those licensed shall
be eligible to vote for nominees for appointment to the commission. The commission, at all
times, shall be composed of three members, all of whom shall be licensed barbers, who have
been licensed by the commission for a period of five years prior to their...
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22-11A-26
Section 22-11A-26 Commitment petition - Probate judge may take sworn testimony of petitioner;
petition without merit to be dismissed. When any petition is filed, seeking to commit any
person to the custody of the Alabama Department of Public Health, the probate judge shall
immediately review the petition and may require the petitioner to be sworn in and to answer,
under oath, questions regarding the petition and the person sought to be committed. If it
appears from the face of the petition or the testimony of the petitioner that the petition
is totally without merit, the probate judge may order the petition dismissed without further
proceedings. (Acts 1987, No. 87-574, p. 904, §26.)...
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