US Lawyer Database

§ 20-49-201. Proceedings generally

(a) The circuit court shall have exclusive jurisdiction over all proceedings under this chapter, subject to the right of appeal. (b) The venue for all proceedings under this chapter shall be: (1) In the county of this state which is the domicile of the incompetent person; or (2) If the incompetent person is not domiciled […]

§ 20-49-202. Petition

(a) A guardian, in the case of an adult who is an alleged incompetent person, or a parent or guardian, in the case of a minor who is an alleged incompetent person, may petition the court for the sterilization, under this chapter, of an alleged incompetent. (b) The petition shall state and allege the following: […]

§ 20-49-203. Notice of hearing

(a) Notice of the hearing for sterilization need not be given to any person: (1) Who has signed the petition; (2) Who has in writing waived notice of the hearing; (3) Who actually appears at the hearing; or (4) Whose existence, relationship to the alleged incompetent person, or whereabouts is unknown and cannot by the […]

§ 20-49-204. Hearing

(a) (1) In determining the incompetence of a person for whom sterilization is sought, the court shall require that the evidence of incompetence include the testimony of at least two (2) medical witnesses who shall be found by the court to be qualified. The testimony of one (1) witness may be by written statement. (2) […]

§ 20-49-205. Method of sterilization

If the petition is granted, the court may order that the incompetent be sterilized by X-ray or by vasectomy, in the case of a male incompetent person, or salpingectomy, in the case of a female incompetent person, or other procedure as at the time may constitute a procedure generally accepted by the medical profession, by […]

§ 20-49-206. Appeal

An order for sterilization may be appealed from as in other cases at law or in equity, and no such order shall be executed during the time that an appeal may be taken or while an appeal is pending.

§ 20-49-207. Nonliability of physician or hospital

(a) No action shall be brought against any licensed hospital or its governing body, the members thereof, or its superintendent, administrator, agents, representatives, servants, or employees nor against any physician, nurse, or other person who participates in the performance of a sterilization procedure pursuant to and in compliance with a court order issued under the […]

§ 20-50-101. Enactment of compact

The Interstate Compact on Mental Health is enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows: ARTICLE I The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to […]

§ 20-50-102. Compact administrator — Powers and duties

(a) Under this compact, the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, or his or her designee, shall be the compact administrator and, acting jointly with like officers of other party states, shall have power to promulgate rules to carry out more effectively the terms […]

§ 20-50-103. Supplementary agreements

(a) The compact administrator is authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Article VII and Article XI of the compact. (b) In the event that supplementary agreements shall require or contemplate the use of any institution or facility of this state, or require or contemplate the […]