Ala. Code
Code of Alabama

Ala. Code § 22-52-1.2 (2026)

Filing and Contents of Petition Seeking Involuntary Commitment of Another.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) Any individual may file a petition seeking the involuntary commitment of another individual. 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 or is mentally ill with a secondary diagnosis of co-occurring substance use disorder.

(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 individuals with knowledge of the respondent’s mental illness or mental illness with a secondary diagnosis of co-occurring substance use disorder who may be called as witnesses.

(6) Any other relevant information.

(b) The home address and the telephone number of the petitioner shall be excluded from the copy of the petition seeking the involuntary commitment provided to the respondent, however, if there is no other available address to contact the petitioner, then the home address of the petitioner shall be provided.

(Acts 1991, No. 91-440, p. 783, §3; Acts 1996, No. 96-492, p. 623, §1; Act 2024-193, §1.)

Notes of Decisions
Cited in 4 cases, 2013–2014 · leading case: United States v. McIlwain, 772 F.3d 688 (11th Cir. 2014).
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United States v. McIlwain, 772 F.3d 688 (11th Cir. 2014). “which the respondent is located, Ala.Code § 22-52-1.2; (2) service of the petition on the respondent, id.”
Altapointe Health Sys., Inc. v. Mobile Cnty. Prob. Court, 141 So. 3d 998 (Ala. 2013). “Section 22-52-1.2, Ala.Code 1975. The Code also provides for payment of the costs of the commitment proceeding, including expert-witness fees.”
United States v. Joseph Adam McIlwain (11th Cir. 2014). “3 The Alabama requirements for involuntary commitment include, inter alia: (1) the filing of a petition in the probate court of the county in which the respondent is located, Ala. Code § 22-52-1.2 ; (2) service of 3 In 1974, a three-judge district court sitting in the Middle…”
United States v. Joseph Adam McIlwain (11th Cir. 2014). “3 The Alabama requirements for involuntary commitment include, inter alia: (1) the filing of a petition in the probate court of the county in which the respondent is located, Ala. Code § 22-52-1.2 ; (2) service of 3 In 1974, a three-judge district court sitting in the Middle…”
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