(a) A respondent may be committed to inpatient treatment if the judge of probate, based upon clear and convincing evidence, finds that all of the following are true:
(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 poses a real and present threat of substantial harm to self or others.
(3) The respondent, if not treated, will continue to suffer mental distress and continue to experience deterioration of the ability to function independently.
(4) The respondent is unable to make a rational and informed decision as to whether or not treatment for mental illness or mental illness with a secondary diagnosis of co-occurring substance use disorder would be desirable.
(b) If the judge of probate finds that no treatment is presently available for the respondent’s mental illness or mental illness with a secondary diagnosis of co-occurring substance use disorder, but that confinement is necessary to prevent the respondent from causing substantial harm to himself or herself or to others, the order committing the respondent shall provide that, should treatment for the respondent’s mental illness or mental illness with a secondary diagnosis of co-occurring substance use disorder become available at any time during the period of the respondent’s confinement, the treatment shall be made available to him or her immediately.
(c) In determining whether an individual poses a real and present threat of substantial harm to self or others, all available relevant information shall be considered, including any known relevant aspects of the individual’s psychosocial, medical, and psychiatric history, in addition to the individual’s current behavior.
(d) Nothing in this section shall be construed as requiring a mental health provider to expand his or her current services if necessary funding is not provided.
(Acts 1991, No. 91-440, p. 783, §14; Act 2022-202, §1; Act 2024-193, §1.)
Notes of Decisions
Dunnam v. Ovbiagele, 814 So. 2d 232 (Ala. 2001).
· cites it 3× “They also argue that § 22-52-10.4, Ala.Code 1975, requires the exercise of their discretion in the commitment or release of persons requiring mental-health treatment, and, therefore, that that statute provides a basis for a holding that they have immunity in this case.”
Dotch v. State, 67 So. 3d 936 (Ala. Crim. App. 2010).
· cites it 2× “According to § 22-52-10.4(a), Ala.Code 1975, which governs the necessary findings by the court to commit a person to inpatient treatment: “A respondent may be committed to inpatient treatment if the probate court finds, based upon clear and convincing evidence that: (i) the…”
In re Involuntary Commitment of Joyce Marsh, 666 So. 2d 12 (Ala. Civ. App. 1995).
· cites it 3× “Ala.Code 1975, § 22-52-10.4, provides the four criteria which must be established by clear and convincing evidence in order for the court to involuntarily commit a person to a facility for inpatient treatment.”
Altapointe Health Sys., Inc. v. Mobile Cnty. Prob. Court, 141 So. 3d 998 (Ala. 2013).
“) Section 22-52-10.4(a), Ala.Code 1975, provides: "(a) A respondent may be committed to inpatient treatment if the probate court finds, based upon clear and convincing evidence that: (i) the respondent is mentally ill; (ii) as a result of the mental illness the respondent poses…”
Adams v. State Dep't of Mental Health & Mental Retardation, 617 So. 2d 280 (Ala. Civ. App. 1992).
· cites it 4× “The trial court granted the petition to renew Adams’s inpatient commitment, and its order tracked, almost verbatim, the requirements of Ala.Code 1975, §§ 22-52-10.4 and -37(a)(7).”
Mason v. Wilson, 20 So. 3d 151 (Ala. Civ. App. 2009).
· cites it 2× “” Ala. Code 1975, § 22-52-10.4(a). Mason relies on this court’s opinion in Ryan v.”
Montgomery v. State, 685 So. 2d 747 (Ala. Civ. App. 1996).
“Section 22-52-10.4(a) provides the following: “A respondent may be committed to inpatient treatment if the probate court finds, based upon clear and convincing evidence[,] that: (i) the respondent is mentally ill; (ii) as a result of the mental illness the respondent poses a…”
Parker v. State, 686 So. 2d 311 (Ala. Civ. App. 1996).
“Section 22-52-10.4 provides the following: “A respondent may be committed to inpatient treatment if the probate court finds, based upon clear and convincing evidence that: (i) the respondent is mentally ill; (ii) as a result of the mental illness the respondent poses a real and…”
Williams v. Bartlett, 695 So. 2d 24 (Ala. Civ. App. 1996).
“Section 22-52-10.4 provides the following: “A respondent may be committed to inpatient treatment if the probate court finds, based upon clear and convincing evidence that: (i) the respondent is mentally ill; (ii) as a result of the mental illness the respondent poses a real and…”
— Ala. Code § 22-52-10.4(a) — 4 cases
Dotch v. State, 67 So. 3d 936 (Ala. Crim. App. 2010).
“According to § 22-52-10.4(a), Ala.Code 1975, which governs the necessary findings by the court to commit a person to inpatient treatment: “A respondent may be committed to inpatient treatment if the probate court finds, based upon clear and convincing evidence that: (i) the…”
Altapointe Health Sys., Inc. v. Mobile Cnty. Prob. Court, 141 So. 3d 998 (Ala. 2013).
“) Section 22-52-10.4(a), Ala.Code 1975, provides: "(a) A respondent may be committed to inpatient treatment if the probate court finds, based upon clear and convincing evidence that: (i) the respondent is mentally ill; (ii) as a result of the mental illness the respondent poses…”
Mason v. Wilson, 20 So. 3d 151 (Ala. Civ. App. 2009).
“” Ala. Code 1975, § 22-52-10.4(a). Mason relies on this court’s opinion in Ryan v.”
Montgomery v. State, 685 So. 2d 747 (Ala. Civ. App. 1996).
“Section 22-52-10.4(a) provides the following: “A respondent may be committed to inpatient treatment if the probate court finds, based upon clear and convincing evidence[,] that: (i) the respondent is mentally ill; (ii) as a result of the mental illness the respondent poses a…”
— Ala. Code § 22-52-10.4(a)(ii) — 2 cases
In re Involuntary Commitment of Joyce Marsh, 666 So. 2d 12 (Ala. Civ. App. 1995).
“Ala.Code 1975, § 22-52-10.4, provides the four criteria which must be established by clear and convincing evidence in order for the court to involuntarily commit a person to a facility for inpatient treatment.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.