Title 38 — Title 38
0 chapters · 258 sections in this title.
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…
Ala. Code § 38-9A-1 Definitions
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As used in this chapter, the following definitions shall have the following meanings, respectively, unless the context clearly indicates otherwise: (a) ADULT. An individual 18 years of age or older with a developmental disability. (b) AGENCY. Any public state agency, including, b…
Ala. Code § 38-9A-2 Individual and Family Support Program
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(a) The Individual and Family Support Program is created and shall be administered through a system of regional support councils and their affiliated community councils and a state council. One regional support council is created and incorporated as a private nonprofit corporatio…
Ala. Code § 38-9A-3 Regional Support Councils
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(a) Each regional support council shall be composed solely of individuals with developmental disabilities and their family members. Membership shall not exceed 20 members per council, with at least one member to be appointed from each of the affiliated councils, and at least two …
Ala. Code § 38-9A-4 Community Councils
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(a) Each regional council shall sanction in accordance with state and regional council policies and procedures local area affiliate councils within its region, to be known as community councils, for the purpose of implementing the Individual and Family Support Program at the loca…
Ala. Code § 38-9A-5 State Support Council
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(a) The State Support Council is created and shall be comprised of not more than 15 consumer and family members. Of these, there will be three representatives appointed by each regional support council. These shall include a regional council officer, one other regional council me…
Ala. Code § 38-9A-6 Plans and Budgets
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(a) The local, regional, and state plans for individual and family supports developed by each community and regional council and the State Support Council shall be developed in conjunction with the regional planning process of the Division of Mental Retardation of the Department …
Ala. Code § 38-9A-7 Nothing in Chapter to Restrict Other Chapters
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(a) Nothing contained in this chapter shall limit, restrict, or alter the provisions of Chapter 51 of Title 22, regarding regional mental health programs and facilities. (b) Nothing contained in this chapter shall limit, restrict, or alter the provisions of Chapter 50 of Title 22…
Ala. Code § 38-9A-8 Individual and Family Support and Financial Assistance
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(a) Individual and family support is complementary to, but not supplemental to, other assistance or benefits available through other public or private assistance programs. (b) Financial assistance, or the value of goods or services provided to eligible individuals or families sha…
Ala. Code § 38-9A-9 Continuation of Chapter
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(a) It is the intent of the Legislature to continue the Individual and Family Support Program established pursuant to this chapter, commencing with Section 38-9A-1. (b) This chapter is continued and shall be a permanent statute. (c) Section 9 of Act 93-334, S. 421, 1993 Regular S…
Ala. Code § 38-9B-1 Legislative Findings
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(a) The Legislature finds and declares the following: (1) It is an essential function of state government to provide basic support for persons with a mental or physical impairment that substantially limits one or more major life activities, whether the impairment is congenital or…
Ala. Code § 38-9B-2 Definitions
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This section was amended by Act 2018–36 of the 2018 Regular Session. As used in this chapter, the following words shall have the following meanings: (1) ALABAMA FAMILY CHARITABLE TRUST (AFT CHARITABLE TRUST). The trust established by the board of trustees that qualifies as a tax …
Ala. Code § 38-9B-3 Contributors Allowed to Supplement Care of Impaired Persons; Assets
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of Trustees. (a) Contributors may supplement the care, support, habilitation, and treatment of impaired persons pursuant to this chapter. Neither the contribution to the AFT Trust for the benefit of a life beneficiary nor the use of AFT Trust assets to provide benefits shall in a…
Ala. Code § 38-9B-4 Creation of Board; Composition; Compensation; Accounting of Funds;
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Policies and Procedures. (a) There is hereby created the Alabama Family Trust Board of Trustees, which shall be an instrumentality of the state. The board of trustees shall consist of eleven persons appointed by the Governor of Alabama, Presiding Officer of the Senate of Alabama,…
Ala. Code § 38-9B-5 Aft Corporation, Trust, and Charitable Trust
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(a) The board of trustees shall establish and administer the AFT Corporation. The board of trustees shall execute all documents necessary to establish and administer the AFT Corporation, including, but not limited to, documents to form a not-for-profit corporation and to qualify …
Ala. Code § 38-9B-6 Rights and Interests of Life Beneficiaries and Contributors
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(a) No life beneficiary shall have any vested or property rights or interests in the AFT Trust, nor shall any life beneficiary have the power to anticipate, assign, convey, alienate, or otherwise encumber any interest in the income or principal of the AFT Trust nor shall the inco…
Ala. Code § 38-9B-7 Trustee Liability
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No trustee or co-trustee serving pursuant to the provisions of this chapter shall at any time be liable for any mistake of law or fact, or of both law and fact, or errors of judgment, or for any loss sustained by the AFT Trust or AFT Charitable Trust, or by any life beneficiary, …
Ala. Code § 38-9C-1 Short Title
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This chapter shall be known and may be cited as “The Alabama Bill of Rights for Persons with Developmental Disabilities and Traumatic Brain Injury.” History: (Acts 1995, No. 95-690, p. 1502, §1.)
Ala. Code § 38-9C-2 Legislative Findings
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The Legislature finds that services to persons with developmental disabilities and traumatic brain injury must be based on individual need, provided by appropriately qualified individuals, and available to persons with developmental disabilities in community environments. Service…
Ala. Code § 38-9C-3 Definitions
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As used in this chapter, the following words shall have the following meanings: (1) DEVELOPMENTAL DISABILITY. A disability that includes the following items: a. Is attributable to a mental, cognitive, or physical impairment, or any combination of mental, cognitive, and physical i…
Ala. Code § 38-9C-4 Rights
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The rights of persons with developmental disabilities and traumatic brain injury include, but are not limited to, all of the following: (1) The right to exercise the rights of citizens of the United States and the State of Alabama. (2) The right to access a full array of services…
Ala. Code § 38-9C-5 Providers Who Contract with Agencies or Programs Required to
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Develop Written Policies to Ensure Rights. All providers who contract or subcontract with any federal, state, or local agency or program to provide services in the State of Alabama to persons with developmental disabilities or traumatic brain injury in Alabama shall develop and i…
Ala. Code § 38-9C-6 Construction with Other Law
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This chapter shall not override or repeal any provisions of the Adult Protective Services Act pursuant to Section 38-9-1 et seq., or the Child Abuse Reporting Act pursuant to Section 26-14-1 et seq., and shall be read in pari materia with those provisions. History: (Acts 1995, No…
Ala. Code § 38-9C-7 Effect of Chapter on Established Standards of Medical Care; Application
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of Written Policies Requirement. This chapter shall not be interpreted or construed to alter, expand, or diminish established standards of medical care applicable to physicians licensed to practice medicine. Notwithstanding any provision of this chapter to the contrary, the requi…
Ala. Code § 38-9C-8 No Reduction or Expansion of Rights Beyond Rights Guaranteed Other
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Persons. Provided that nothing in this legislation shall be construed to reduce or expand the rights of persons with developmental disabilities or traumatic brain injuries beyond the rights guaranteed to any other person under the Constitution of the United States and the statute…
Ala. Code § 38-9D-1 Short Title
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This chapter shall be known and may be cited as the Elder Abuse Prevention Act. History: (Act 2012-495, p. 1448, §1.)
Ala. Code § 38-9D-2 Definitions
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The following words are defined for the purposes of this chapter: (1) COORDINATED SYSTEM OF CARE. The total effort in the state, inclusive of service coordination/case management, that is directed at meeting the needs of individuals who are at risk of elder abuse. (2) COUNCIL. Th…
Ala. Code § 38-9D-3 Alabama Interagency Council for the Prevention of Elder Abuse
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There is created the Alabama Interagency Council for the Prevention of Elder Abuse. The members of the council shall include, but not be limited to, the following: (1) The chief executive officer, or his or her designee, of each of the following participating agencies and organiz…
Ala. Code § 38-9D-4 Powers and Duties
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The council shall have the following duties and authority: (1) Define the roles and responsibilities of all participating agencies. (2) Adopt rules for the internal operation of the council. (3) Recommend to the Commissioner of the Department of Senior Services appointment of add…
Ala. Code § 38-9D-5 Role of Department of Senior Services
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The Department of Senior Services shall be responsible for the general administration, supervision, and monitoring of all council activities. History: (Act 2012-495, p. 1448, §5.)
Ala. Code § 38-9D-6 Implementation of Chapter
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The implementation of this chapter shall be subject to the availability of appropriations to expand, intensify, and coordinate the activities of the council. The activities of the council shall include the expansion of council membership. History: (Act 2012-495, p. 1448, §6.)
Ala. Code § 38-9D-7 Sunset Provision
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Repealed by Act 2015-94 effective April 28, 2015. History: (Act 2012-495, p. 1448, §7.)
Ala. Code § 38-9E-1 Short Title
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Transferred to §13A-6-190 by Act 2014-346, §1(1)(7) effective April 9, 2014. History: (Act 2013-307, §1.)
Ala. Code § 38-9E-10 Liability of Persons Reporting or Investigating Violations
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Transferred to §13A-6-199 by Act 2014-346, §1(1)(7) effective April 9, 2014. History: (Act 2013-307, §10.)
Ala. Code § 38-9E-11 Remedies
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Transferred to §13A-6-200 by Act 2014-346, §1(1)(7) effective April 9, 2014. History: (Act 2013-307, §11.)
Ala. Code § 38-9E-12 Liability of Physicians
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Transferred to §13A-6-201 by Act 2014-346, §1(1)(7) effective April 9, 2014. History: (Act 2013-307, §12.)
Ala. Code § 38-9E-2 Definitions
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Transferred to §13A-6-191 by Act 2014-346, §1(1)(7) effective April 9, 2014. History: (Act 2013-307, §2.)
Ala. Code § 38-9E-3 Elder Abuse and Neglect - First Degree
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Transferred to §13A-6-192 by Act 2014-346, §1(1)(7) effective April 9, 2014. History: (Act 2013-307, §3.)
Ala. Code § 38-9E-4 Elder Abuse and Neglect - Second Degree
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Transferred to §13A-6-193 by Act 2014-346, §1(1)(7) effective April 9, 2014. History: (Act 2013-307, §4.)