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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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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-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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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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26-2B-209
Section 26-2B-209 Proceedings in more than one state. Except for a petition for the appointment
of a guardian in an emergency or issuance of a protective order limited to property located
in this state under paragraph (1) or (2) of subsection (a) of Section 26-2B-204, if a petition
for the appointment of a guardian or issuance of a protective order is filed in this state
and in another state and neither petition has been dismissed or withdrawn, the following rules
apply: (1) If the court in this state has jurisdiction under Section 26-2B-203, it may proceed
with the case unless a court in another state issues an order establishing jurisdiction under
provisions similar to Section 26-2B-203 before the appointment or issuance of an order by
the court in this state. (2) If the court in this state does not have jurisdiction under Section
26-2B-203, whether at the time the petition is filed or at any time before the appointment
or issuance of the order, the court shall stay the proceeding...
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30-3C-8
Section 30-3C-8 Emergency measures to prevent abduction. (a) In response to a petition filed
under this chapter, before a hearing on the matter, the court may enter an ex parte order
for emergency measures to prevent abduction, including an ex parte warrant to take physical
custody of the child, or an order for any other emergency relief as necessary to prevent abduction
of a child, including imposing travel restrictions with the child, on the petitioner or the
respondent or on both the petitioner and the respondent. (b) An ex parte order for relief
under this chapter shall include: (1) the basis for the court's exercise of jurisdiction;
(2) the manner in which notice and opportunity to be heard were given to the persons entitled
to notice of the proceeding, including a finding by the court of compliance with Rule 65 of
the Alabama Rules of Civil Procedure, if applicable; (3) a detailed description of each party's
custody and visitation rights and residential arrangements for the child...
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26-2A-113
Section 26-2A-113 Petition to compel visitation. (a) A relative may file a petition with the
court to compel visitation with a ward from whom he or she has been isolated. (b) The petition
shall be filed in the court having jurisdiction over the guardianship of the ward. (c) On
motion of either the petitioner or the guardian or the court, the petition shall be transferred
to the circuit court for the sole purpose of a determination of any relief under this division.
(d) The petition shall state all of the following information: (1) The condition of the ward's
physical and mental health, to the extent known by the petitioner. (2) The efforts to obtain
visitation with the ward. (3) The proposed visitation that is sought. (4) The deficit or deficits,
if any, in the ward's mental functions that are impaired and an identification of a link between
the deficit or deficits and the ward's inability to respond knowingly and intelligently to
queries about the requested visitation. (5) The names...
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30-3C-9
Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed under
this chapter, the court may set a preliminary hearing as necessary, and shall cause to be
issued all summonses and notices as required by law and otherwise deemed necessary and appropriate.
Should the court determine from the petition, or on evidence presented at a preliminary hearing,
that no emergency or temporary orders are appropriate, then the court shall set the petition
for a final hearing at such time as the court deems appropriate and as the best interests
of the child require. (b) If, at a hearing on a petition under this chapter, the court after
reviewing the evidence finds a credible risk of abduction of the child, the court shall enter
an abduction prevention order. The order must include the provisions required by subsection
(c), specifying measures that are reasonably calculated to prevent abduction of the child
and giving due consideration to the custody and visitation rights of...
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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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