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Alabama Statutes, Title 38

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Alabama/Statutes

← All Alabama coverage

Title 38

26 chapters · 242 sections in this title.

All chapters in Title 38242 Ch 7, Child Care24 Ch 10, Child Support Programs21 Ch 12, Kinship Foster Care Program17 Ch 3, Department of Senior Services15 Ch 4, Public Assistance Generally15 Ch 2, State and County Departments and Boa…14 Ch 9, Protection of Aged Adults or Adults …13 Ch 9F, Elder Abuse Protection Order and Enf…12 Ch 13, Criminal Background Checks on Person…12 Ch 14, Individual Development Account Program11 Ch 12B, Fostering Hope Scholarship Act of 201510 Ch 6, Medical Assistance to Elderly Persons9 Ch 9A, In-Home Services and Equipment for P…9 Ch 15, Alabama Youth Residential Facility A…9

242 sections·Filtered byTitle 38✕

Ala. Code § 38-4-8 Assistance Grants Exempt from Taxes, Levy, Garnishment, or Other Process, and Inalienable; Bankruptcy
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All amounts paid or payable as public assistance to needy persons shall be exempt from any tax levied by the state or any subdivision thereof and shall be exempt from levy, garnishment, attachment or any other process whatsoever and shall be inalienable, and in the case of bankru…
Ala. Code § 38-4-9 Hospitalization of Incapacitated Applicants and Recipients of Old Age Pensions
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In the event an applicant or recipient of an old age pension under this chapter is so physically incapacitated that it is necessary for him to be hospitalized, the county department is authorized to endeavor to make such arrangements as are necessary to secure such hospitalizatio…
Ala. Code § 38-5-1 Amount of Assistance
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Any applicant who qualifies under the provisions of this chapter shall be entitled to an amount of assistance, which, when added to the income of the applicant from all other sources, equals $125.00 per month; provided, that any income or resources permitted to be disregarded by …
Ala. Code § 38-5-2 To Whom Assistance Payable

Showing 51–100 of 242

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Assistance to the blind shall be payable under this chapter to or on behalf of any person: (1) Who shall comply with the other requirements of this chapter; and (2) Has not sufficient income and resources to provide a reasonable subsistence compatible with decency and health, as …

Ala. Code § 38-5-3 Purpose of Chapter

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The purpose of the provisions of this chapter is to relieve blind persons from the distress of poverty, to promote self-care, to enlarge the economic opportunities of the blind and to stimulate the blind to greater efforts in striving to render themselves self-supporting. (Acts 1…

Ala. Code § 38-5-4 Property Which May Be Retained by Applicant

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An applicant may retain personal or real property owned by him or in combination with any other person without reference to its value if it serves to provide the applicant with a home. Real property owned by the applicant or in combination with his spouse which is producing incom…

Ala. Code § 38-5-5 Aid Inalienable; Cost of Hospitalization, Medical Care, Etc., Not to Constitute a Lien on Property of Recipient

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All aid given as public assistance for the blind shall be absolutely inalienable by any assignment, sale, attachment, execution or otherwise; and, in case of bankruptcy, the assistance shall not pass through any trustee or other person acting on behalf of creditors. The cost of h…

Ala. Code § 38-5-6 Relatives Not Legally Liable for Support, Hospital and Medical Care, Etc

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No relative shall be held legally liable to support or to contribute to the support of any applicant for or recipient of assistance under this chapter. No relative shall be held liable to defray in whole or in part the cost of any medical care or hospital care or other service re…

Ala. Code § 38-5-7 Conflicts with Social Security Act

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Should any portion, section or clause of this chapter be declared or adjudicated to be contrary to or inconsistent with the provisions of the Social Security Act, as amended, that portion, section or clause of this chapter shall have no further force or effect. (Acts 1963, No. 57…

Ala. Code § 38-6-1 Program of Medical Assistance to Elderly Not Receiving Pensions Authorized

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The State Department of Human Resources is authorized to establish, in keeping with Title I of the Federal Social Security Act as amended, a medical assistance program for certain persons 65 years of age and over not receiving old age pensions. The Department of Human Resources s…

Ala. Code § 38-6-2 Medical Assistance Defined; Right to Choose Practitioner or Participate in Program

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Medical assistance for persons 65 years of age and over not receiving old age pensions shall mean the same as the term is defined in the Federal Social Security Act as amended. Any individual receiving medical assistance under this chapter shall have full freedom of choice in sel…

Ala. Code § 38-6-3 Determination of Scope of Medical Assistance

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The State Board of Human Resources, in conference with the commissioner, shall determine from time to time the scope and kinds of medical assistance for the aged which the department will administer. This determination shall be made with due regard to: (1) The amount of state and…

Ala. Code § 38-6-4 Rules for Determining Eligibility for Assistance

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The commissioner shall develop reasonable standards and rules of procedure for determining eligibility for medical assistance for the aged, including those necessary to comply with the Federal Social Security Act as amended. Such standards and rules shall prescribe safeguards whi…

Ala. Code § 38-6-5 Persons Eligible for Medical Assistance

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Medical assistance for the aged shall be payable under this chapter on behalf of any needy person who has attained the age of 65 years and who: (1) Has made application therefor in the manner prescribed by the State Department of Human Resources; (2) Has been certified by the app…

Ala. Code § 38-6-6 Procedures for Determining Eligibility

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Eligibility for medical assistance for the aged shall be determined by the Department of Human Resources through such procedures as the department shall develop. (Acts 1961, No. 683, p. 976, §6.)

Ala. Code § 38-6-7 Hearing for Applicant or Recipient

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A hearing shall be provided any applicant for or recipient of medical assistance for the aged as provided in Section 38-4-5. (Acts 1961, No. 683, p. 976, §7.)

Ala. Code § 38-6-8 Penalty for False Representation

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The penalty for false representation under this chapter shall be the same as contained in Section 38-4-7. (Acts 1961, No. 683, p. 976, §8.)

Ala. Code § 38-6-9 Suspension of Provisions Conflicting with Amendments to Social Security Act

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Any portion of this chapter which shall come in conflict with the provisions of the Federal Social Security Act by reason of amendments of said Federal Social Security Act hereafter adopted shall, on certificate of the Attorney General that such conflict exists, be suspended in i…

Ala. Code § 38-7-1 Short Title

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This chapter shall be known and may be cited as the Child Care Act of 1971. (Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §1.)

Ala. Code § 38-7-10 License to Operate or Conduct Child-Care Facility - Investigation of Operation Without License; Report to Attorney General for Prosecution

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Whenever the department is advised or has reason to believe that any person, group of persons or corporation is operating a child-care facility without a license or an approval or a six-month permit, it may make an investigation to ascertain the fact. If it finds that the child-c…

Ala. Code § 38-7-11 Inspection of Facilities

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The department shall have the right and its authorized representatives shall be afforded reasonable opportunity, to inspect any child-care facility seeking a license or an approval or a six-month permit pursuant to this chapter, any child-care facility seeking a renewal of a lice…

Ala. Code § 38-7-12 Advertisements

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A child-care facility licensed or approved or operating under a six-month permit issued by the department may publish advertisements of the services for which it is specifically licensed or approved or issued a permit under this chapter. No person, unless licensed or approved or …

Ala. Code § 38-7-13 Records to Be Kept by Child-Care Facility; Use and Disclosure of Information

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Every child-care facility shall keep and maintain such records as the department may prescribe pertaining to the admission, progress, health and discharge of children under the care of the facility. Records regarding children and facts learned about children and their relatives s…

Ala. Code § 38-7-14 Reports by Child-Care Facility

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Every child-care facility shall make reports to the department on forms prescribed by the department and at times required by the department, giving information pertaining to the children under care and such other facts as the department may require. (Acts 1971, 3rd Ex. Sess., No…

Ala. Code § 38-7-14.1 Educational Information on Influenza Disease and Vaccine

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(a) Not later than September 1, annually, each day care center shall provide educational information on influenza disease to the parent or legal guardian of each enrolled child. The educational information shall include, but need not be limited to, the causes and symptoms of infl…

Ala. Code § 38-7-15 Conditions Precedent to Bringing Child into State for Purposes of Adoption or Placement in Child-Care Facility

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(a) No person or agency shall bring or send any child into the State of Alabama for the purpose of placing him or procuring his adoption or placing him in any child-care facility, as defined herein, without first obtaining the consent of the department. The department shall have …

Ala. Code § 38-7-16 Penalties; Burden of Proof of Relationship

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Any person, group of persons, association or corporation who: (1) Conducts, operates or acts as a child-care facility without a license, or a six-month permit or an approval to do so in violation of the provisions of this chapter; (2) Makes materially false statements in order to…

Ala. Code § 38-7-17 Duty of District Attorney to Enforce Chapter or Prosecute Violations

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It shall be the duty of every district attorney or assistant district attorney within the circuit, county or other territory for which he is elected or appointed to institute action for the enforcement of the provisions of this chapter or to prosecute action for the violation of …

Ala. Code § 38-7-18 Mandatory State Subsidized Child Day-Care Services Program

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(a) There is hereby provided a mandatory state subsidized child day-care services program within the Department of Human Resources for a minimum average of 6,500 eligible children at not less than the current Department of Human Resources payment rates for a payment-to-provider c…

Ala. Code § 38-7-19 Powers of Department as to Transitional Living Facilities

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The Department of Human Resources may contract for utility services, purchase real or personal property, or enter into lease agreements for and may operate residences to be used as transitional living facilities to provide transitional living program services to an eligible child…

Ala. Code § 38-7-2 Definitions

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Terms used in this chapter, unless the context otherwise requires, have the meanings ascribed to them in this section. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in …

Ala. Code § 38-7-20 Employment in Day Care Center of Individual Under 19 Years of Age with Certain Credentials

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Nothing in this chapter shall preclude an individual under the age of 19 years who has graduated from a high school with a Child Development Associate Credential from being employed by a day care center and counted in the staff-child ratio, as defined in subdivision (4) of Sectio…

Ala. Code § 38-7-21 Licensing of Church, Religious Nonprofit Entity, or Religious Nonprofit School to Operate as Licensed Day Care Center

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A church, religious nonprofit entity, or religious nonprofit school that has been operating a day care center or preschool program without a license prior to March 21, 2018, that chooses to become a licensed day care center under this chapter shall have 90 days from March 21, 201…

Ala. Code § 38-7-22 Anaphylactic Response Policy Requirements; Anaphylaxis Training; Compliance with Section 22-1-16; Liability

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(a) For the purposes of this section, the term “employee” means an individual who is hired to facilitate the care of children attending day care centers. The term does not include service staff, such as cooks, janitors, or bus drivers. (b)(1) On or before August 1, 2027, the Stat…

Ala. Code § 38-7-3 License to Operate or Conduct Child-Care Facility - Requirements; Recordkeeping; Parental Notifications, Etc.; Affidavits; Inspections and Investigations

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(a) No person, group of persons, or corporation may operate or conduct any facility for child care, as defined in this chapter, without being licensed or approved as provided in this chapter. (b)(1) Except as provided in subdivision (2), the licensure requirements of this chapter…

Ala. Code § 38-7-4 License to Operate or Conduct Child-Care Facility - Application; Investigation; Application to Operate Foster Family Home May Be Made to Licensed Child-Placing Agency

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Any person, group of persons or corporation who or which receives children or arranges for care or placement of one or more children unrelated to the operator shall apply for a license or for approval to operate one of the types of child-care facilities defined in this chapter. A…

Ala. Code § 38-7-5 License to Operate or Conduct Child-Care Facility - Issuance and Term; Temporary Permits; Provisional Approval of Home; Preferential Treatment of Family Members Concerning Placement of Children

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(a) Licenses or approvals shall be issued in such form and manner as prescribed by the department and are valid for two years from the date issued, unless revoked by the department or voluntarily surrendered by the licensee, or by the child-care facility designated on the notice …

Ala. Code § 38-7-6 License to Operate or Conduct Child-Care Facility - Renewal; Reexamination; Renewal of Approval of Boarding Home

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(a) A licensed or approved child-care facility operating under this chapter shall apply for renewal of its license or approval, the application to be made to the department on forms prescribed by it; provided, however, that application for renewal of approval of a boarding home m…

Ala. Code § 38-7-7 License to Operate or Conduct Child-Care Facility - Department to Establish Minimum Standards for Licensing; Factors to Be Considered; Children in Need of Special Treatment; Department to Offer Consultation

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(a) The department shall prescribe and publish minimum standards for licensing and for approving all child-care facilities, as defined in this chapter. In establishing such standards the department shall seek the advice and assistance of persons representative of the various type…

Ala. Code § 38-7-7.1 License to Operate or Conduct Child-Care Facility - Screen Time Policy Requirements. (Effective January 1, 2027)

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(a) In addition to the standards for licensing established pursuant to Section 38-7-7, each day care center, day care home, group day care home, and night care facility shall implement and abide by a screen time policy that meets the requirements of Article 4, Chapter 24 of Title…

Ala. Code § 38-7-8 License to Operate or Conduct Child-Care Facility - Revocation or Refusal to Renew License - Grounds

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The department may revoke or refuse to renew the license or the approval of any child-care facility or refuse to issue a full license to the holder of a six-month permit should the license or the child-care facility designated on the notice of approval or the holder of a six-mont…

Ala. Code § 38-7-9 License to Operate or Conduct Child-Care Facility - Revocation or Refusal to Renew License - Aggrieved Party Entitled to Hearing; Review of Final Decision or Action of Department; Bond; When Decision May Be Set Aside; Section Not Applicable to Boarding Homes and Free Homes

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In the event a party or an applicant for a license or a licensee is denied a license or a renewal of a license or has a license suspended or revoked for the operation of a child-care facility required by this chapter to be licensed by the department, or in the event an applicatio…

Ala. Code § 38-7B-1 Evacuation Plan

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(a) A licensed day care center shall have a written plan for evacuation in the event of fire, natural disaster, or other threatening situation that may pose a health or safety hazard to the children in the center. The plan shall include, but not be limited to, all of the followin…

Ala. Code § 38-8-1 Powers of County Commission Generally

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The county commission of each county shall have jurisdiction, power and authority necessary and proper for the relief and support of the poor of its county, including the power to acquire and hold property and employ persons necessary therefor, and payment therefor shall be made …

Ala. Code § 38-8-2 Burial of Persons Dying with No Estate, Etc

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Upon the decease of any person having no estate and leaving no relatives in the county with the ability or estate adequate to defray his necessary burial expenses, such necessary burial expenses are a charge upon the county in which such death shall take place, and the county com…

Ala. Code § 38-8-3 Other or Further Provisions by Counties

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The county commission of each county shall have the power and authority, with the approval of the State Department of Human Resources and security, to make other or further provision for the care of the poor of the county. The disbursement of funds for this purpose shall be made …

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. (Acts 1977, No. 780, p. 1340, §1.)

Ala. Code § 38-9-10 Reports by Physicians, Etc., of Physical Abuse, Neglect or Exploitation - Penalty for Failure to Make Report

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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 or a fine of not more than $500.00. (…

Ala. Code § 38-9-11 Exemption of Officers, Agents and Employees of Department from Civil Liability

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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. (Acts 1977, No. 780, p. 1340, §10.)

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…