(a) A respondent may be committed to outpatient treatment if the probate court finds, based upon clear and convincing evidence, all of the following:

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Terms Used In Alabama Code 22-52-10.2

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: means next after. See Alabama Code 1-1-1
  • preceding: means next before. See Alabama Code 1-1-1
  • Probate: Proving a will
(1) The respondent has a mental illness.
(2) As a result of the mental illness, 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 probate court 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 probate court finds, based upon clear and convincing evidence, all of the following:

(1) The respondent has a mental illness.
(2) As a result of the mental illness, 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.
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