Code of Alabama

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22-52-14
Section 22-52-14 Payment of costs. In any commitment proceeding, the fees of any attorney appointed
by the probate judge to act as advocate for the petition and any attorney or guardian ad litem
appointed by the probate judge for the person sought to be committed shall be set at the rates
established by Section 15-12-21; and any expert employed to offer expert testimony, in such
amounts as found to be reasonable by the probate judge; and all other costs allowable by law
shall be paid by the state general fund upon order of the probate judge; 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 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 probate judge may order all costs paid from the estate of the person
committed. (Acts 1975, No. 1226, p. 2562, §11; Acts 1977, No....
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22-52-5
Section 22-52-5 Appointment by probate judge of attorney to appear in support of petition;
employment by petitioners of attorney to appear in support of petition. The probate judge
shall appoint an attorney to serve as the advocate in support of the petition to commit in
all matters regarding a petition to commit. If the person or persons filing a petition to
have a person committed wish to employ an attorney of their own choosing to appear in support
of the petition, they may do so, and such attorney shall serve in lieu of attorney appointed
by the probate judge. (Acts 1975, No. 1226, p. 2562, §9; Acts 1977, No. 670, p. 1143.)...

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22-11A-29
Section 22-11A-29 Commitment petition - Appointment of guardian ad litem and attorney. At the
time when any petition has been filed seeking to commit any person to the custody of the Alabama
Department of Public Health, the probate judge shall appoint a guardian ad litem to represent
and protect the rights of such person and shall determine if the person has the funds and
capacity to secure the services of an attorney to represent him. If the person does not have
the funds or capacity to secure the services of an attorney, the probate judge shall appoint
an attorney, who may be the same person as the guardian ad litem, to represent him. (Acts
1987, No. 87-574, p. 904, §29.)...
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22-52-6
Section 22-52-6 Notification of Department of Mental Health and Mental Retardation or other
public facility of petition, date of final hearing, etc. (a) When a petition is filed seeking
the involuntary commitment of a respondent, the probate judge with whom the petition is filed
shall notify the department or designated mental health facility of the pendency of the petition
in the manner and with such other information as designated by the department. (b) The probate
judge shall notify the department or a designated mental health facility of the date of the
final hearing on the petition to commit. (Acts 1975, No. 1226, p. 2562, §7; Acts 1977, No.
670, p. 1143; Acts 1991, No. 91-440, p. 783, §7.)...
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45-37A-100.07
Section 45-37A-100.07 Petition for judicial review. The circuit court hearing a petition for
judicial review shall utilize the procedures applicable to proceedings in the Jefferson County
District Court with all of the following qualifications: (1) The proceedings shall retain
their civil nature with the circuit court applying the preponderance of the evidence standard.
(2) If the person is adjudicated by the circuit court to be responsible for payment of the
fine, circuit court costs shall be owed by the person adjudicated responsible, with 100 percent
of those court costs collected to be retained by the circuit court, which costs shall be calculated
in the same manner as court costs for criminal appeals from the Jefferson County District
Court, provided that, in the event the circuit court finds the person petitioning for judicial
review to not be responsible, any fine or fee paid, related to that citation, shall be refunded
by the city. (3) Regardless of the civil nature of the...
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45-37A-42.07
Section 45-37A-42.07 Petition for judicial review. The circuit court hearing a petition for
judicial review shall utilize the procedures applicable to proceedings in the Jefferson County
District Court with the following qualifications: (1) The proceedings shall retain their civil
nature with the circuit court applying the preponderance of the evidence standard. (2) If
the person is adjudicated by the circuit court to be responsible for payment of the fine,
circuit court costs shall be owed by the person adjudicated responsible, with 100 percent
of those court costs collected to be retained by the circuit court, which costs shall be calculated
in the same manner as court costs for criminal appeals from the Jefferson County District
Court, provided that, in the event the circuit court finds the person petitioning for judicial
review to not be responsible, any fine or fee paid, related to that citation, shall be refunded
by the city. (3) Regardless of the civil nature of the proceedings,...
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12-15-408
Section 12-15-408 Conducting hearings to commit the minor or child. At all hearings conducted
pursuant to this section to commit a minor or child to the custody of the department, the
following shall apply: (1) The minor or child sought to be committed shall be present unless,
prior to the hearing, the child's attorney for the minor or child has filed in writing a waiver
of the presence of the minor or child on the ground that the presence of the minor or child
would be dangerous to his or her physical or mental health or that the conduct of the minor
or child could reasonably be expected to prevent the hearing from being held in an orderly
manner and the juvenile court has determined from the evidence that the waiver should be granted
and has entered an order approving the waiver. (2) The minor or child sought to be committed
shall have the right to compel the attendance of and offer the testimony of witnesses, to
be confronted with the witnesses in support of the petition and to...
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12-15-409
Section 12-15-409 Role of attorney as advocate; designation of facilities. (a) An attorney
representing the state, any county, or municipality or the Department of Youth Services or
the Department of Human Resources or an attorney representing the person or persons filing
a petition to have a minor or child committed may serve as the advocate in support of the
petition to commit in all matters regarding the petition. (b) At the final hearing upon a
petition seeking to commit a minor or child to the custody of the department on the basis
that the minor or child is mentally ill, the juvenile court may grant the petition if clear
and convincing evidence proves all of the following: (1) That the minor or child sought to
be committed is mentally ill. (2) That, as a consequence of the mental illness, the minor
or child poses a real and present threat of substantial harm to himself, herself, or to others.
(3) That the threat of substantial harm has been evidenced by a recent overt act. (4)...
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22-11A-24
Section 22-11A-24 Commitment to Department of Public Health for compulsory treatment when person
exposed or afflicted and refuses treatment. When any person exposed to a disease or where
reasonable evidence indicates exposure to a disease or infection designated under this article
refuses testing or when any person afflicted with a disease designated under this article
refuses treatment and/or conducts himself so as to expose others to infection, the state or
county health officer or the designee may petition the probate judge of the county in which
such person is located to commit him to the custody of the Alabama Department of Public Health
for compulsory testing, treatment and quarantine. (Acts 1987, No. 87-574, p. 904, §24.)...

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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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