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

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

(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.