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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-6.htm - 1K - Match Info - Similar pages
22-52-15
Section 22-52-15 Appeals. An appeal from an order of the probate court granting a petition seeking to commit a respondent to the custody of the department or designated mental health 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 respondent is indigent, in which case no security for costs shall be required. Upon the filing of a notice of appeal, the probate judge shall determine and enter an order setting forth the limitations to be placed upon the liberty of the respondent pending the appeal. Upon the filing of a notice...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-15.htm - 1K - 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
22-52-10.5
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.5.htm - 1K - Match Info - Similar pages
22-52-10.8
Agency shall as soon as possible thereafter enter the order in the National Instant Criminal Background Check System (NICS) and the information shall be entered into the NICS Index Denied Persons File. The records maintained pursuant to this section shall only be used for purposes of determining eligibility to purchase or transfer a firearm. Information furnished shall not include confidential medical or treatment records, confidential tax or financial data, library records, or other personal information. (b) Any person who has been adjudicated mentally deficient or committed to a mental institution and who is subject to the firearm disabilities of 18 U.S.C. Section 922 (d)(4) and (g)(4), and who is subject to the firearm disabilities of Sections 13A-11-72 and 13A-11-75, because he or she has been determined by law or legal process to be of unsound mind, may petition the district court for a civil review of the person's mental capacity to purchase a firearm. The petitioner may...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.8.htm - 3K - 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
22-52-91
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
12-15-410
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 of the department, or his or her designee, may designate a facility outside the department where a committed child or minor may receive care and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-410.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
22-11A-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
|