An appeal from an order of the probate court granting a petition seeking to commit a respondent to the custody of the department or designated mental health facility as the court may order lies to the circuit court for trial de novo unless the probate judge who granted the petition was learned in the law, in which case the appeal lies to the Alabama Court of Civil Appeals on the record. Notice of appeal shall be given in writing to the probate judge within five days after the respondent has received actual notice of the granting of the petition and shall be accompanied by security for costs, to be approved by the probate judge, unless the probate judge finds that the respondent is indigent, in which case no security for costs shall be required. Upon the filing of a notice of appeal, the probate judge shall determine and enter an order setting forth the limitations to be placed upon the liberty of the respondent pending the appeal. Upon the filing of a notice of appeal, the probate judge shall certify the record to the clerk of the reviewing court. The petition shall be set for hearing by the reviewing court within 60 days of the date the notice of appeal is filed in the probate court, and such hearing shall not be continued except upon motion in writing by the respondent for good cause. The costs of the proceedings in the reviewing court shall be taxed in the same manner as in the probate court. All requirements relative to hearings in probate court shall apply to appeals heard in the circuit court.
Structure Code of Alabama
Title 22 - Health, Mental Health, and Environmental Control.
Chapter 52 - Commitment, Discharge and Transfer of Persons in State Institutions.
Article 1 - Commitment of Mentally Ill Persons Generally.
Section 22-52-1.1 - Definitions.
Section 22-52-1.2 - Filing and Contents of Petition Seeking Involuntary Commitment of Another.
Section 22-52-8 - Holding of Probable Cause and Final Hearings Generally.
Section 22-52-9 - Conduct of Hearings.
Section 22-52-10.2 - Findings Necessary for Outpatient Treatment.
Section 22-52-10.3 - Order for Outpatient Treatment.
Section 22-52-10.4 - Findings Necessary for Inpatient Treatment; Order When No Treatment Available.
Section 22-52-10.5 - Facilities for Inpatient Treatment; Length of Treatment; Cost.
Section 22-52-10.7 - Transfer to Another Facility.
Section 22-52-10.10 - Renewal of Outpatient Commitment Order.
Section 22-52-11 - Retention of Jurisdiction by Probate Court Over Person Committed.
Section 22-52-12 - Conveyance of Person Committed to Facility; Expenses of Conveyance.
Section 22-52-12.1 - Designated Mental Health Facilities; Standards of Care.
Section 22-52-12.2 - Renewal Petition Time Limit for Certain Patients.
Section 22-52-14 - Payment of Costs.