Ala. Code
Code of Alabama

Ala. Code § 22-52-10.2 (2026)

Findings Necessary for Outpatient Treatment.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) A respondent may be committed to outpatient treatment if the judge of probate, based upon clear and convincing evidence, finds all of the following: (1) The respondent has a mental illness or a mental illness with a secondary diagnosis of co-occurring substance use disorder.

(2) As a result of the mental illness or mental illness with secondary diagnosis of co-occurring substance use disorder, the respondent, if not treated, will suffer mental distress and experience deterioration of the ability to function independently.

(3) The respondent is unable to maintain consistent engagement with outpatient treatment on a voluntary basis, as demonstrated by either of the following:

a. The respondent’s actions occurring within the two-year period immediately preceding the hearing.

b. Specific aspects of the respondent’s clinical condition that significantly impair the respondent’s ability to consistently make rational and informed decisions as to whether to participate in treatment for mental illness.

(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 judge of probate 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 judge of probate finds, based upon clear and convincing evidence, all of the following:

(1) The respondent has a mental illness or a mental illness with a secondary diagnosis of co-occurring substance use disorder.

(2) As a result of the mental illness or mental illness with a secondary diagnosis of co-occurring substance use disorder, the respondent, if treatment is not continued, will suffer mental distress and experience deterioration of the ability to function independently.

(3) The respondent remains unable to maintain consistent engagement with outpatient treatment on a voluntary basis.

(Acts 1991, No. 91-440, p. 783, §12; Act 2019-398, §1; Act 2022-202, §1; Act 2024-193, §1.)

Notes of Decisions
Cited in 2 cases, 2001–2013 · leading case: In Re the Conservatorship of V.A.H., 802 So. 2d 1099 (Ala. Civ. App. 2001).
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In Re the Conservatorship of V.A.H., 802 So. 2d 1099 (Ala. Civ. App. 2001). “See § 22-52-10.2, Ala.Code 1975. . Neither the petitioner nor the conservator provided a brief to this court.”
Altapointe Health Sys., Inc. v. Mobile Cnty. Prob. Court, 141 So. 3d 998 (Ala. 2013). · cites it 2× “, if the probate court orders outpatient or inpatient treatment pursuant to §§ 22-52-10.2 and 22-52-10.4, Ala.Code 1975, it is difficult to conceive of a factual basis sufficient for a probate court to order either such relief without the receipt of expert testimony.”
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