Code of Alabama

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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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-11A-30.htm - 1K - Match Info - Similar pages

22-52-7
Section 22-52-7 Restrictions on imposition of limitations upon liberty of person sought
to be committed pending hearings; ordering, etc., of examinations of person sought to be committed;
supervision of temporary treatment. (a) When a petition has been filed seeking to have limitations
placed upon the liberty of a respondent pending the outcome of a final hearing on the merits,
the probate judge shall order the sheriff of the county in which the respondent is located
to serve a copy of the petition upon the respondent and to bring the respondent before the
probate judge instanter. When any respondent against whom a petition has been filed seeking
to have limitations placed upon the respondent's liberty pending the outcome of a full and
final hearing on the merits is initially brought before the probate judge, the probate judge
shall determine from an interview with the respondent and with other available persons what
limitations, if any, shall be imposed upon the respondent's liberty...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-7.htm - 2K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-102.htm - 4K - Match Info - Similar pages

22-52-91
Section 22-52-91 Duty of law enforcement officer, community mental health officer to
take into custody alleged mentally ill persons; detention; admission; hearing. (a) When a
law enforcement officer is confronted by circumstances and has reasonable cause for believing
that a person within the county is mentally ill and also believes that the person is likely
to be of immediate danger to self or others, the law enforcement officer shall contact a community
mental health officer. The community mental health officer shall join the law enforcement
officer at the scene and location of the person to assess conditions and determine if the
person needs the attention, specialized care, and services of a designated mental health facility.
If the community mental health officer determines from the conditions, symptoms, and behavior
that the person appears to be mentally ill and poses an immediate danger to self or others,
the law enforcement officer shall take the person into custody and,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-91.htm - 7K - Match Info - Similar pages

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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26-2A-135
Section 26-2A-135 Procedure concerning hearing and order on original petition. (a) Upon
receipt of a petition for appointment of a conservator or other protective order because of
minority, the court shall set a date for hearing. If the court determines at any time in the
proceeding that the interests of the minor are or may be inadequately represented, it may
appoint an attorney to represent the minor, giving consideration to the choice of the minor
if 14 or more years of age. An attorney appointed by the court to represent a minor may be
granted the powers and duties of a guardian ad litem. (b) Upon receipt of a petition for appointment
of a conservator or other protective order for reasons other than minority, the court shall
set a date for hearing. Unless the person to be protected has chosen counsel, the court shall
appoint an attorney to represent the person who may be granted the powers and duties of a
guardian ad litem. If the alleged disability is mental illness, mental...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-135.htm - 3K - Match Info - Similar pages

38-1-3
Section 38-1-3 Legal representative for handling public assistance payments of incompetents.
If any otherwise qualified applicant for or recipient of public assistance appears to be incapable,
physically or mentally, or both, of managing his public assistance payments, and has no legal
guardian, he, his spouse, father, mother, child, brother or sister, with the consent of the
Department of Human Resources, or the Department of Human Resources may petition the probate
judge for the appointment of a legal representative to handle his public assistance payments
only. The petition shall be accompanied by a certificate in writing of a physician which certificate
shall state that the physician upon examination believes the applicant or recipient to be
physically or mentally, or both, incapable of managing his public assistance payments. The
probate judge shall conduct a hearing for the purpose of appointing a competent person as
legal representative after notice of at least 10 days in...
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22-52-93
Section 22-52-93 Costs. No county shall be required to pay costs associated with the
temporary confinement or commitment of a person to a designated mental health facility, including,
but not limited to, the cost of housing and treatment. All costs associated with a probable
cause hearing, including cost of counsel, shall be paid by the State General Fund upon order
of the judge of probate; except, that if the petition is denied and the petitioner is not
indigent and is not a law enforcement officer or other public official acting within the line
and scope of his or her duties, all costs may be taxed against the petitioner, or if the petition
is granted and the person sought to be committed is not indigent, the judge of probate may
order all costs paid from the estate of the person committed. (Acts 1994, No. 94-690, p. 1326,
§4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-93.htm - 1K - Match Info - Similar pages

26-10A-24
Section 26-10A-24 Contested hearing. (a) Whenever a motion contesting the adoption is
filed, the court shall set the matter for a contested hearing to determine: (1) Whether the
best interests of the adoptee will be served by the adoption. (2) Whether the adoptee is a
person capable of being adopted by the petitioner in accordance with the requirements of this
chapter. (3) Whether an actual or implied consent or relinquishment to the adoption is valid.
(4) Whether a consent or relinquishment may be withdrawn. (b) The court shall give notice
of the contested hearing by certified mail to all parties who have appeared before the court.
The moving party and each petitioner shall be present at the contested hearing. The guardian
ad litem shall appear and represent the interests of the adoptee. (c) The court may continue
the hearing from time to time to permit notice to all parties, or to permit further discovery,
observation, investigation, or consideration of any fact or circumstances...
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12-15-130
Section 12-15-130 Ordering, conduct, and certification of findings of mental and physical
examinations of children; minors or children believed to be individuals with a mental illness
or an intellectual disability; treatment or care for children; payment; authority to order
emergency medical care for children. (a) Where there are indications that a child may be physically
ill, a child with mental illness or an intellectual disability, or an evaluation of a child
is needed to help determine issues of competency to understand judicial proceedings, mental
state at the time of the offense, or the ability of the child to assist his or her attorney,
the juvenile court, on its own motion or motion by the prosecutor, or that of the child's
attorney or guardian ad litem for the child, may order the child to be examined at a suitable
place by a physician, psychiatrist, psychologist, or other qualified examiner, under the supervision
of a physician, psychiatrist, or psychologist who shall certify...
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