(a) At the final hearing upon a petition seeking to commit a minor or child to the department on the basis that the minor or child is a person with an intellectual disability, the juvenile court may grant the petition if clear and convincing evidence proves all of the following:
(1) The minor or child sought to be committed is a person with an intellectual disability.
(2) The minor or child is not mildly retarded, as defined by the department.
(3) The minor or child, if allowed to remain in the community, is likely to cause serious injury to himself, herself, or others, or that adequate care, rehabilitation, and training opportunities are available only at a facility provided by the department.
(b) Upon these findings, the juvenile court shall enter an order setting forth the findings, and may order the minor or child committed to the custody of the department.
(c) The commissioner of the department, or his or her designee, may designate a facility outside the department where a committed child or minor may receive care and treatment and may place the child or minor in the designated facility upon commitment to the department.
Structure Code of Alabama
Chapter 15 - Juvenile Proceedings.
Article 4 - Involuntary Commitment of Minors or Children.
Section 12-15-401 - Definitions.
Section 12-15-402 - Authority and Procedure.
Section 12-15-403 - Review of the Petition by the Juvenile Court.
Section 12-15-404 - Service of the Petition.
Section 12-15-405 - Notice of Hearing; Appointment of Counsel for the Minor or Child.
Section 12-15-406 - Determination of Placement of the Minor or Child.
Section 12-15-407 - Probable Cause Hearings for Temporary Confinement of the Minor or Child.
Section 12-15-408 - Conducting Hearings to Commit the Minor or Child.
Section 12-15-409 - Role of Attorney as Advocate; Designation of Facilities.
Section 12-15-411 - Discharge of the Minor or Child From Custody of the Department.
Section 12-15-412 - Retention of Jurisdiction.
Section 12-15-413 - Combining Probable Cause and Final Hearings.