Title 38 — Title 38
0 chapters · 258 sections in this title.
Ala. Code § 38-9-1 Short Title
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This chapter shall be known and may be cited as the Adult Protective Services Act of 1976. History: (Acts 1977, No. 780, p. 1340, §1.)
Ala. Code § 38-9-10 Reports by Physicians, Etc., of Physical Abuse, Neglect or Exploitation -
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Penalty for Failure to Make Report. Any physician or other practitioner of the healing arts who shall knowingly fail to make the report required by this chapter shall be guilty of a misdemeanor and shall, upon conviction, be punished by imprisonment for not more than six months o…
Ala. Code § 38-9-11 Exemption of Officers, Agents and Employees of Department from Civil
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Liability. Any officer, agent or employee of the department, in the good faith exercise of his duties under this chapter, shall not be liable for any civil damages as a result of his acts or omissions in rendering assistance or care to any person. History: (Acts 1977, No. 780, p.…
Ala. Code § 38-9-2 Definitions
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For the purposes of this chapter, the following terms shall have the following meanings: (1) ABUSE. The infliction of physical pain, injury, or the willful deprivation by a caregiver or other person of services necessary to maintain mental and physical health. (2) ADULT IN NEED O…
Ala. Code § 38-9-3 Legislative Findings and Intent
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The legislature recognizes that there are many adult citizens of the state who, because of the infirmities of age, disabilities or like incapacities, are in need of protective services. Such services should, to the maximum degree of feasibility, allow the individual the same righ…
Ala. Code § 38-9-3.1 Concurrent Original and General Jurisdiction of Probate Court and
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Circuit Court. The probate court and circuit court shall have concurrent original and general jurisdiction as to all matters mentioned in this chapter. History: (Act 2022-123, §2.)
Ala. Code § 38-9-4 Arrangements for Protective Services; Liability of Department for
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Protective Services; Services to Conform to Wishes of Person to Be Served; Duty of Department to Ascertain Persons in Need of Care and Protection. (a) Protective services may be arranged when an adult person is in need of care and protection because of danger to his health or saf…
Ala. Code § 38-9-5 Emergency Protective Services
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When there is brought to the attention of a county department of human resources a person who is unable, because of physical or mental disabilities, to provide for his basic needs for shelter, food, clothing or health care, and whose health or safety is in immediate danger, the d…
Ala. Code § 38-9-6 Protective Placement or Other Protective Services
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(a) An interested person may petition the court to order protective placement or other protective services for an adult in need of protective services. No protective placement or other protective services may be ordered unless there is a determination by the court that the person…
Ala. Code § 38-9-6.1 Removal of Action from Probate Court to Circuit Court
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(a) Nothing in this section applies to actions pending in a probate court where the judge of probate is a member in good standing with the Alabama State Bar. (b) At any time after the filing of a petition, but before a hearing contemplated in Section 38-9-6, any protected person,…
Ala. Code § 38-9-7 Violations; Penalties
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(a) It shall be unlawful for any person to abuse, neglect, exploit, or emotionally abuse any protected person. For purposes of this section, residence in a nursing home, mental institution, developmental center for people with an intellectual disability, or other convalescent car…
Ala. Code § 38-9-8 Reports by Physicians, Etc., of Physical, Sexual, or Emotional Abuse,
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Neglect, or Exploitation - Required; Contents; Investigation. (a) All physicians and other practitioners of the healing arts or any caregiver having reasonable cause to believe that any protected person has been subjected to physical abuse, neglect, exploitation, sexual abuse, or…
Ala. Code § 38-9-9 Reports by Physicians, Etc., of Physical Abuse, Neglect or Exploitation -
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Immunity of Reporter from Civil and Criminal Liability. Any person, firm or corporation making or participating in the making of a report pursuant to this chapter or participating in a judicial proceeding resulting therefrom shall in so doing be immune from any liability, civil o…