Ex Parte Department of Mental Health and Mental Retardation

This case is before this court on the petition of the Alabama Department of Mental Health and Mental Retardation (DMH) for a writ of prohibition to be issued to the judge of the Houston County Juvenile Court. We find that the petition is due to be denied.

The case arises from a complicated set of circumstances involving proceedings in two counties for the disposition of a juvenile. On August 23, 1985, the Juvenile Court of Houston County committed the juvenile to the custody of DMH, apparently due to its conclusion that the juvenile might be mentally ill or mentally retarded and in need of…