22-52-10.2
Section 22-52-10.2 Findings necessary for outpatient treatment. (a) A respondent may be committed to outpatient treatment if the probate court finds, based upon clear and convincing evidence, all of the following: (1) The respondent is mentally ill. (2) As a result of the mental illness, the respondent will, if not treated, continue to suffer mental distress and will continue to experience deterioration of the ability to function independently. (3) The respondent is unable to make a rational and informed decision as to whether or not treatment for mental illness would be desirable. (b) Upon a recommendation made by the designated mental health facility currently providing outpatient treatment that the respondent's outpatient commitment order should be renewed, a probate court may enter an order to renew the commitment order upon the expiration of time allotted for treatment by the original outpatient treatment order if the probate court finds, based upon clear and convincing evidence,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.2.htm - 1K - Match Info - Similar pages
22-52-10.4
Section 22-52-10.4 Findings necessary for inpatient treatment; order when no treatment available. (a) A respondent may be committed to inpatient treatment if the probate court finds, based upon clear and convincing evidence that: (i) the respondent is mentally ill; (ii) as a result of the mental illness the respondent poses a real and present threat of substantial harm to self and/or others; (iii) the respondent will, if not treated, continue to suffer mental distress and will continue to experience deterioration of the ability to function independently; and (iv) the respondent is unable to make a rational and informed decision as to whether or not treatment for mental illness would be desirable. (b) If the probate judge finds that no treatment is presently available for the respondent's mental illness, but that confinement is necessary to prevent the respondent from causing substantial harm to himself or to others, the order committing the respondent shall provide that, should...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.4.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.3.htm - 2K - Match Info - Similar pages
22-52-10.1
Section 22-52-10.1 Order entered where judge finds criteria met; dismissal of petition. (a) If at the final hearing on a petition seeking to involuntarily commit a respondent, the probate judge finds, based on clear and convincing evidence, that the respondent meets the criteria for involuntary commitment, an order shall be entered for: (1) Outpatient treatment; or (2) Inpatient treatment. The least restrictive alternative necessary and available for the treatment of the respondent's mental illness shall be ordered. (b) The petition for involuntary commitment shall be dismissed if the criteria for commitment is not proved. (Acts 1991, No. 91-440, p. 783, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.1.htm - 1K - Match Info - Similar pages
22-52-10.10
Section 22-52-10.10 Renewal of outpatient commitment order. (a) A petition for renewal of an outpatient commitment order may be filed by the director of a designated mental health facility or his or her 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 commitment was originally ordered. The petition shall explain in detail why renewal of the order is being requested and shall include testimony affirming the facility's belief that the respondent meets the requirements for renewal pursuant to Section 22-52-10.2. (b) The judge of probate shall conduct a hearing, within 30 days after the date of petition, to consider the petition for renewal of the commitment order. (c) Adequate written notice shall be provided to the respondent prior to the hearing. (d) The hearing shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.10.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-37.htm - 5K - 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-11A-32.htm - 2K - Match Info - Similar pages
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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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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22-52-10.5
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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