Alabama § 22-52-10.4 Findings Necessary for Inpatient Treatment; Order When No Treatment Available

Alabama Statutes

§ 22-52-10.4 — Findings Necessary for Inpatient Treatment; Order When No Treatment Available

Alabama § 22-52-10.4

Title 22Health, Mental Health, and Environmental Control

Ch. 52Commitment, Discharge and Transfer of Persons in State Institutions

Art. 1Commitment of Mentally Ill Persons Generally

This text of Alabama § 22-52-10.4 (Findings Necessary for Inpatient Treatment; Order When No Treatment Available) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 22-52-10.4 (2026).

Text

(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

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(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.