12-15-310
Section 12-15-310 Conduct of adjudicatory hearings. (a) An adjudicatory hearing is a hearing at which evidence is presented for a juvenile court to determine if a child is dependent. At the commencement of the hearing, if the parties are not represented by counsel, they shall be informed of the specific allegations in the petition. The parties shall be permitted to admit or deny the allegations prior to the taking of testimony. (b) If the allegations are denied by the parties or if they fail to respond, the juvenile court shall proceed to hear evidence on the petition. The juvenile court shall record its findings on whether the child is dependent. If the juvenile court finds that the allegations in the petition have not been proven by clear and convincing evidence, the juvenile court shall dismiss the petition. (c) A statement made by a child under the age of 12 describing any act of child abuse committed against the child, if it is not otherwise admissible by statute or court rule, is...
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12-15-410
Section 12-15-410 Evidence in commitment proceedings for minor and child with an intellectual disability. (a) At the final hearing upon a petition seeking to commit a minor or child to the department on the basis that the minor or child is a person with an intellectual disability, the juvenile court may grant the petition if clear and convincing evidence proves all of the following: (1) The minor or child sought to be committed is a person with an intellectual disability. (2) The minor or child is not mildly retarded, as defined by the department. (3) The minor or child, if allowed to remain in the community, is likely to cause serious injury to himself, herself, or others, or that adequate care, rehabilitation, and training opportunities are available only at a facility provided by the department. (b) Upon these findings, the juvenile court shall enter an order setting forth the findings, and may order the minor or child committed to the custody of the department. (c) The commissioner...
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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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22-52-9
Section 22-52-9 Conduct of hearings. At all hearings, including probable cause hearings, conducted by the probate judge in relation to a petition to involuntarily commit a respondent, the following rules shall apply: (1) The respondent shall be present unless, prior to the hearing, the attorney for the respondent has filed in writing a waiver of the presence of the respondent on the ground that the presence of the respondent would be dangerous to the respondent's physical or mental health or that the respondent'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 respondent 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 respondent shall have the right to compel the attendance of any witness who may be located anywhere...
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45-23-171
Section 45-23-171 Individuals with mental illness taken into temporary protective custody. (a) For the purposes of this section, the following terms have the following meanings: (1) DESIGNATED LAW ENFORCEMENT AGENCY. A law enforcement agency within Dale County that is authorized by the sheriff to exercise the authority described in this section. (2) LAW ENFORCEMENT OFFICER. Any state, county, or municipal officer certified by the Alabama Peace Officers' Standards and Training Commission. (b)(1) Concurrently with Article 1 of Chapter 52 of Title 22, a law enforcement officer from a designated law enforcement agency may take an individual into protective custody when the officer has reasonable cause to believe that the individual is mentally ill and is an immediate danger to himself or herself or others. (2)a. Upon placement of an individual under protective custody pursuant to subdivision (1), the law enforcement officer shall transport the individual to a hospital providing care and...
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45-27-171
Section 45-27-171 Individuals with mental illness taken into temporary protective custody. (a) For the purposes of this section, the following terms have the following meanings: (1) DESIGNATED LAW ENFORCEMENT AGENCY. A law enforcement agency within Escambia County which is authorized by the sheriff to exercise the authority described in this section. (2) LAW ENFORCEMENT OFFICER. Any state, county, or municipal officer certified by the Alabama Peace Officers' Standards and Training Commission. (b)(1) Concurrently with Article 1 of Chapter 52 of Title 22, a law enforcement officer from a designated law enforcement agency may take an individual into protective custody when the officer has reasonable cause to believe that the individual is mentally ill and is an immediate danger to himself or herself or others. (2)a. Upon placement of an individual under protective custody pursuant to subdivision (1), the law enforcement officer shall transport the individual to a hospital providing care...
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45-3-172
Section 45-3-172 Individuals with mental illness taken into temporary protective custody. (a) For the purposes of this section, the following terms have the following meanings: (1) DESIGNATED LAW ENFORCEMENT AGENCY. A law enforcement agency within Barbour County that is authorized by the sheriff to exercise the authority described in this section. (2) LAW ENFORCEMENT OFFICER. Any state, county, or municipal officer certified by the Alabama Peace Officers' Standards and Training Commission. (b)(1) Concurrently with Article 1 of Chapter 52 of Title 22, a law enforcement officer from a designated law enforcement agency may take an individual into protective custody when the officer has reasonable cause to believe that the individual is mentally ill and is an immediate danger to himself or herself or others. (2)a. Upon placement of an individual under protective custody pursuant to subdivision (1), the law enforcement officer shall transport the individual to a hospital providing care and...
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45-35-171
Section 45-35-171 Individuals with mental illness taken into temporary protective custody. (a) For the purposes of this section, the following terms have the following meanings: (1) DESIGNATED LAW ENFORCEMENT AGENCY. A law enforcement agency within Houston County that is authorized by the sheriff to exercise the authority described in this section. (2) LAW ENFORCEMENT OFFICER. Any state, county, or municipal officer certified by the Alabama Peace Officers' Standards and Training Commission. (b)(1) Concurrently with Article 1 of Chapter 52 of Title 22, a law enforcement officer from a designated law enforcement agency may take an individual into protective custody when the officer has reasonable cause to believe that the individual is mentally ill and is an immediate danger to himself or herself or others. (2)a. Upon placement of an individual under protective custody pursuant to subdivision (1), the law enforcement officer shall transport the individual to a hospital providing care and...
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12-15-115
Section 12-15-115 Original jurisdiction - Civil. (a) A juvenile court shall also exercise original jurisdiction of the following civil proceedings: (1) Removal of disabilities of nonage pursuant to Chapter 13 of Title 26. (2) Proceedings for judicial consent for a person under the respective legal age to marry, to be employed, withdraw from school, or enlist in military service when this consent is required by law. (3) Proceedings for the commitment of a minor or child with mental illness or an intellectual disability to the Department of Mental Health, as provided in Article 4 (commencing with Section 12-15-401). (4) Proceedings for the adoption of a child when these proceedings have been transferred from probate court as provided by law. (5) Proceedings for waiver of parental consent for a minor to have an abortion pursuant to Chapter 21 of Title 26. (6) Proceedings to establish parentage of a child pursuant to the Alabama Uniform Parentage Act, Chapter 17 of Title 26. (7)...
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12-15-313
Section 12-15-313 Ordering and preparation of report concerning a child and family; ordering, conduct, and certification of findings of physical or mental examination of child prior to hearing on petition generally; examination of parent, legal guardian, or legal custodian after hearing where ability to care for or supervise child at issue. (a) After a petition alleging dependency has been filed, the juvenile court may direct that a study and report to the juvenile court be made by the Department of Human Resources with recommendations concerning the child, his or her family, his or her environment, and other matters relevant to the need for treatment or disposition of the case. (b) Where there are indications that the child may be physically ill or a child with mental illness or an intellectual disability, on its own motion or motion of a party, may order the child to be examined at a suitable place by a physician, psychiatrist, psychologist, or other qualified examiner under the...
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