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26-2B-203
Section 26-2B-203 Jurisdiction. (a) A court of this state has jurisdiction to appoint a guardian
or issue a protective order for a respondent if: (1) this state is the respondent's home state;
(2) on the date the petition is filed, this state is a significant-connection state and: (A)
the respondent does not have a home state or a court of the respondent's home state has declined
to exercise jurisdiction because this state is a more appropriate forum; or (B) the respondent
has a home state, a petition for an appointment or order is not pending in a court of that
state or another significant-connection state and before the court makes the appointment or
issues the order: (i) a petition for an appointment or order is not filed in the respondent's
home state; (ii) an objection to the court's jurisdiction is not filed by a person required
to be notified of the proceeding; and (iii) the court in this state concludes that it is an
appropriate forum under the factors set forth in Section...
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26-2B-204
Section 26-2B-204 Special jurisdiction. (a) A court of this state lacking jurisdiction under
Section 26-2B-203 has special jurisdiction to do any of the following: (1) appoint a guardian
in an emergency for a term not exceeding 90 days for a respondent who is physically present
in this state; (2) issue a protective order with respect to real or tangible personal
property located in this state; (3) appoint a guardian or conservator for an incapacitated
or protected person for whom a provisional order to transfer the proceeding from another state
has been issued under procedures similar to Section 26-2B-301. (b) If a petition for the appointment
of a guardian in an emergency is brought in this state and this state was not the respondent's
home state on the date the petition was filed, the court shall dismiss the proceeding at the
request of the court of the home state, if any, whether dismissal is requested before or after
the emergency appointment. (c) The court may entertain successive...
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22-18-50
or procedures related to specific employees or other matters related to the Commission's internal
personnel practices and procedures; c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase or sale of goods, services, or real estate; e.
Accusing any person of a crime or formally censuring any person; f. Disclosure of trade secrets
or commercial or financial information that is privileged or confidential; g. Disclosure of
information of a personal nature where disclosure would constitute a clearly unwarranted
invasion of personal privacy; h. Disclosure of investigatory records compiled for law
enforcement purposes; i. Disclosure of information related to any investigatory reports prepared
by or on behalf of or for use of the Commission or other committee charged with responsibility
of investigation or determination of compliance issues pursuant to the Compact; or j. Matters
specifically exempted from disclosure by federal or member...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-18-50.htm - 41K - Match Info - Similar pages
27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-61-1.htm - 62K - Match Info - Similar pages
26-2B-206
Section 26-2B-206 Appropriate forum. (a) A court of this state having jurisdiction under Section
26-2B-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction
if it determines at any time that a court of another state is a more appropriate forum. (b)
If a court of this state declines to exercise its jurisdiction under subsection (a), it shall
either dismiss or stay the proceeding. The court may impose any condition the court considers
just and proper, including the condition that a petition for the appointment of a guardian
or issuance of a protective order be filed promptly in another state. (c) In determining whether
it is an appropriate forum, the court shall consider all relevant factors, including: (1)
any expressed preference of the respondent; (2) whether abuse, neglect, or exploitation of
the respondent has occurred or is likely to occur and which state could best protect the respondent
from the abuse, neglect, or exploitation; (3) the...
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26-2B-207
Section 26-2B-207 Jurisdiction declined by reason of conduct. (a)If at any time a court of
this state determines that it acquired jurisdiction to appoint a guardian or issue a protective
order because of unjustifiable conduct, the court may: (1) decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure
the health, safety, and welfare of the respondent or the protection of the respondent's property
or prevent a repetition of the unjustifiable conduct, including staying the proceeding until
a petition for the appointment of a guardian or issuance of a protective order is filed in
a court of another state having jurisdiction; or (3) continue to exercise jurisdiction after
considering: (A) the extent to which the respondent and all persons required to be notified
of the proceedings have acquiesced in the exercise of the court's jurisdiction; (B) whether
it is a more appropriate forum than the court of any other state...
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26-2B-201
Section 26-2B-201 Definitions; significant connection factors. (a) In this article, the following
terms shall have the following meanings: (1) EMERGENCY. A circumstance that likely will result
in substantial harm to a respondent's health, safety, or welfare, and for which the appointment
of a guardian is necessary because no other person has authority and is willing to act on
the respondent's behalf. (2) HOME STATE. The state in which the respondent was physically
present, including any period of temporary absence, for at least six consecutive months immediately
before the filing of a petition for a protective order or the appointment of a guardian; or
if none, the state in which the respondent was physically present, including any period of
temporary absence, for at least six consecutive months ending within the six months prior
to the filing of the petition. (3) SIGNIFICANT-CONNECTION STATE. A state, other than the home
state, with which a respondent has a significant connection...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.6.htm - 4K - Match Info - Similar pages
9-16-79
Section 9-16-79 Hearings and appeals procedure. Procedures for hearings and appeals under this
article shall be made as herein provided and in accordance with such general rules and regulations
as the regulatory authority may prescribe. These procedures shall take precedence over the
Alabama Administrative Procedure Act, which shall in no respect apply to proceedings arising
under this article. (1)a. A determination by the regulatory authority as specified by law
shall be made promptly and shall include a statement as to the action to be taken and reasons
therefor. Notice of the determination or decision shall be promptly given to the parties involved
by delivery or by mailing such notices to their last known addresses. When the regulatory
authority gives a notice of determination, unless an appeal is filed by any person having
an interest which may be adversely affected with the chief hearing officer within 30 days
of such notice such determination shall be deemed final and not...
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44-2-10
Interstate Commission may deem appropriate. The executive director shall serve as secretary
to the Interstate Commission, but shall not be a member and shall hire and supervise such
other staff as may be authorized by the Interstate Commission. Section C. Qualified immunity,
defense and indemnification 1. The Commission's executive director and employees shall be
immune from suit and liability, either personally or in their official capacity, for any claim
for damage to or loss of property or personal injury or other civil liability
caused or arising out of or relating to any actual or alleged act, error, or omission that
occurred, or that such person had a reasonable basis for believing occurred within the scope
of commission employment, duties, or responsibilities; provided, that any such person shall
not be protected from suit or liability for any damage, loss, injury, or liability
caused by the intentional or willful and wanton misconduct of any such person or caused by
acts or...
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