Title 38 — Title 38

Transferred to §13A-6-194 by Act 2014-346, §1(1)(7) effective April 9, 2014. History: (Act 2013-307, §5.)

Transferred to §13A-6-195 by Act 2014-346, §1(1)(7) effective April 9, 2014. History: (Act 2013-307, §6.)

Transferred to §13A-6-196 by Act 2014-346, §1(1)(7) effective April 9, 2014. History: (Act 2013-307, §7.)

Transferred to §13A-6-197 by Act 2014-346, §1(1)(7) effective April 9, 2014. History: (Act 2013-307, §8.)

Transferred to §13A-6-198 by Act 2014-346, §1(1)(7) effective April 9, 2014. History: (Act 2013-307, §9.)

This chapter shall be known and may be cited as the Elder Abuse Protection Order and Enforcement Act. History: (Act 2017-284, §1.)

(a) A violation of an elder abuse protection order is a Class A misdemeanor, which shall be punishable as provided in law. (b) A second conviction for a violation of an elder abuse protection order, in addition to any other penalty or fine, shall be punishable by a minimum of 30 …

A law enforcement officer may arrest any person for a violation of this chapter if the officer has probable cause to believe that the person has violated any provision of a valid elder abuse protection order, whether temporary or permanent. The presentation of an elder abuse prot…

Nothing in this chapter shall be construed to limit the enforcement of any other laws or rules that protect vulnerable adults or limit the jurisdiction of or action by any regulatory or law enforcement agency. History: (Act 2017-284, §14.)

This chapter shall be liberally construed and applied to promote all of the following purposes: (1) To maximize protection of victims of elder abuse. (2) To create a flexible and expeditious method of obtaining a protection order against an individual who has committed elder abus…

For purposes of this chapter, the following terms shall have the following meanings: (1) CAREGIVER. The term as defined in Section 13A-6-191. (2) ELDER ABUSE. The commission of any of the following acts or the intent to commit any of the following acts against an elderly person: …

(a) The following courts shall have jurisdiction to issue elder abuse protection orders under this chapter: (1) Circuit courts. (2) A special circuit court judge appointed pursuant to Section 12-1-14 or 12-1-14.1. (3) A district court judge designated by a written standing order …

(a) The plaintiff’s right to relief under this chapter shall not be affected by his or her leaving the residence or household to avoid further abuse. (b) The remedies and procedures provided in this chapter are in addition to and not in lieu of any other judicial protection actio…

(a)(1) If a plaintiff lacks the physical or mental capacity to seek protection for himself or herself, the following may file a sworn petition for relief on behalf of the plaintiff: a. A court appointed guardian. The petition must include a copy of the court order appointing the …

(a) The court shall hold a hearing after the filing of a petition under this chapter upon the request of the defendant or within 10 days of the perfection of service. A final hearing shall be set at which the standard of proof shall be a preponderance of the evidence. If the defe…

(a) If it appears from a petition for an elder abuse protection order or a petition to modify an elder abuse protection order that elder abuse has occurred or a modification is warranted, the court may do either of the following: (1) Without notice or hearing, immediately issue a…

Orders. (a) A copy of an elder abuse protection order shall be issued to the plaintiff, the defendant, and the law enforcement officials with jurisdiction to enforce the protection order. (b) If the defendant is appointed as the plaintiff’s guardian or conservator, a copy of any …

(a) This chapter shall be known and may be cited as “Shirley’s Law.” (b) For the purposes of this chapter, the following terms have the following meanings: (1) ABUSE. The same meaning as in Section 38-9-2. (2) ADULT IN NEED OF PROTECTIVE SERVICES. The same meaning as in Section 3…

Records. (a) The Department of Human Resources shall establish and maintain a registry, to be known as the Alabama Elder and Adult in Need of Protective Services Abuse Registry, containing the names of any individual for whom any of the following are true: (1) The individual has …

Investigations. (a) The Administrative Office of Courts shall notify the Department of Human Resources of the criminal conviction or protection order concerning an individual under any of the following circumstances: (1) An individual is found guilty of a crime perpetrated agains…

(a) Upon receiving the notification described in Section 38-9G-3, the Department of Human Resources, in addition to entering the individual’s name and address on the Alabama Elder and Adult in Need of Protective Services Abuse Registry, shall enter information pertaining to the o…

Employees. A service provider shall query the Alabama Elder and Adult in Need of Protective Services Abuse Registry with regard to an individual who is an employee or prospective employee of the provider to confirm whether any of the following are true: (1) The individual has bee…

This article shall be known and may be cited as the “Child Support Act of 1979.” History: (Acts 1979, No. 79-819, p. 1528, §1.)

In addition to the existing causes of action there is hereby created, on behalf of any person who is owed a duty of support, a civil cause of action which may be enforced in the district court, the circuit court or any court having nonsupport jurisdiction or jurisdiction over the…

It is intended that new or additional causes of action for the department are created by the provisions of this article. This article shall be construed to create additional, alternative causes of action and shall in no way affect or impair any other remedy, civil or criminal, pr…

Child Support Payments Received by It; Exception. (a) When any support payments are made directly to the department, including the state and county departments, under any and all of its child support programs and other child support programs administered by it, including programs…

(a) As used in this article, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) DEPARTMENT. The Department of Human Resources of the State of Alabama, including the state and county departments of human resources. (2) CHILD. …

Human Resources Generally; Designation of the Department as the Agency to Administer Income Withholding. (a) The Department of Human Resources of the State of Alabama shall operate child support programs as may be required under the provisions of Title IV-D, including, but not li…

As used in this article, the following terms shall have the following meanings: (1) CHILD. A minor or disabled child. (2) CUSTODY. A legal status created by court order. (3) DEPARTMENT. The Department of Human Resources of the State of Alabama, including the state and county depa…

Custody of Department or Receiving Maintenance Payments. Either upon granting of custody of a child to the department and the provision of foster care or upon the department’s making foster care maintenance payments on behalf of a child under provisions of Title IV-E of the Socia…

Receiving Maintenance Payments Provide Support. The department may take action under this article or any other appropriate state and federal statutes to assure that the parent or parents of a child in the custody and care of the department or otherwise receiving foster care maint…

Support collections made pursuant to the provisions of this article shall be paid to the department or its designee and distribution thereof shall be made in accordance with rules published by the department. History: (Acts 1986, Ex. Sess., No. 86-686, p. 81, §4.)

Deemed Assignment of Right to Support to Department Generally; Subrogation of Right to Child Support Payments. As a condition of eligibility for aid, each recipient of aid to families with dependent children shall be deemed, by accepting aid, to have made an assignment to the dep…

Department. Notwithstanding any other provisions of this article, as a condition of eligibility for aid, each recipient of aid to families with dependent children shall have assigned to the department by operation of law any rights to support from any other person which such reci…

As used in this article “foster care trust fund” means a separate fund established for the purpose of donation of tax deductible funds by individuals, charitable organizations, institutions, and businesses wishing to assist all children in the temporary or permanent custody of th…

The finance director of the State of Alabama shall establish a separate account for deposit of donations to the foster care trust fund, the proceeds of which shall be available to the Department of Human Resources for the purpose of assisting children in its custody. History: (Ac…

The Department of Human Resources shall use funds deposited in the foster care trust fund to meet the following needs of children in its custody including, but not limited to, tuition for post-secondary education, tutoring, development of artistic or athletic abilities, graduatio…

The Commissioner of the Department of Human Resources is hereby authorized to issue such rules and regulations as are necessary to implement the provisions of this article. History: (Acts 1990, No. 90-385, p. 527, §4.)

by Department. The payment of aid creates a debt due and owing to the department by the parent or parents; provided, however, that in cases in which a court has ordered support incident to a divorce decree or any other order for child support, the debt shall be limited to the amo…

(a) Whenever anyone owing the obligation of support has failed to provide support, and application is made to the department for support services as may be provided pursuant to the requirements of Title IV-D or for aid, the department, and including the district attorney when pro…

Support Enforcement Action. Any district attorney or attorney approved or appointed by the Attorney General initiating legal proceedings at the request of the Department of Human Resources to establish or enforce child support, spousal support, medical support, and/or any other s…

Actions. Support collections, in cases in which an assignment has been made to the department and after the support payment has been made to the appropriate collection agent pursuant to this article, shall be paid directly to the state department and distribution shall be made by…

Parents to Furnish Child Support; Authority to Notify Parent of Support Duty; Falsification of Report as to Parent’s Income, Etc.; Citation to Require In-Court Testimony; Employer’s Duty to Provide Certain Information. (a) The department is authorized and empowered to conduct inv…

The intent of this chapter is to assist public assistance applicants and recipients to become wage earning, self-supporting citizens of the State of Alabama. Thus, through the provisions of this chapter, the Department of Human Resources shall develop and coordinate employment re…

(a) The Department of Human Resources shall establish and administer a welfare employment program for persons applying for, or receiving, public assistance in the State of Alabama. The department shall develop program policy, criteria, requirements, and procedures and issue rules…

The Department of Human Resources shall seek federal funds, as such are available, to carry out work-related requirements and activities for public assistance applicants and recipients who are required, or permitted, by federal law to be referred to an employment-related activity…

Every applicant for and recipient of public assistance, except those exempted by federal law or regulation, shall be required to register and participate in programs and activities of the Alabama welfare employment program. The state may exercise exemption options under federal l…

As used in this chapter the following words shall have the following meanings: (1) DEPARTMENT. State Department of Human Resources. (2) FOSTER PARENT. Any person with whom a child in the care, custody, or guardianship of the department, is placed for temporary or long-term care, …

(a) There is established a Kinship Foster Care Program in the State Department of Human Resources. (b) When a child has been removed from his or her home and is in the care, custody, or guardianship of the department, the department shall attempt to place the child with a relativ…

(a) A person may become a kinship foster parent only upon the completion of an investigation to ascertain if there is a state or federal record of criminal history for the prospective kinship foster parent or any other adult residing in the prospective foster parent’s home. (b) T…