Title 38 — Title 38

Pensions. 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 hosp…

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 …

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 …

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. History…

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…

Constitute a Lien on Property of Recipient. 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 …

Etc. 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 servi…

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. History: (Acts 196…

Authorized. 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…

in Program. 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 c…

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…

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…

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…

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

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

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

Security Act. 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 …

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

Operation Without License; Report to Attorney General for Prosecution. 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 ma…

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…

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 …

Information. 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 thei…

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. History: (Acts 1971, 3rd Ex. …

(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…

Adoption or Placement in Child-Care Facility. (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 consen…

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 t…

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 …

(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…

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…

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 …

with Certain Credentials. 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…

School to Operate as Licensed Day Care Center. 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 thi…

(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…

Recordkeeping; Parental Notifications, Etc.; Affidavits; Inspections and Investigations. (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.…

Investigation; Application to Operate Foster Family Home May Be Made to Licensed Child-Placing Agency. 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 …

Temporary Permits; Provisional Approval of Home; Preferential Treatment of Family Members Concerning Placement of Children. (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 r…

Reexamination; Renewal of Approval of Boarding Home. (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 app…

Establish Minimum Standards for Licensing; Factors to Be Considered; Children in Need of Special Treatment; Department to Offer Consultation. (a) The department shall prescribe and publish minimum standards for licensing and for approving all child-care facilities, as defined in …

(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…

Refusal to Renew License - Grounds. 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 …

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. In the event a party or an applicant for a license or a licensee is den…

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. History: (Acts 1993, No. 93-263, p. 398.)

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. History: (Acts 1993, No. 93-263, p. 398.)

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. History: (Acts 1993, No. 93-263, p. 398.)

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. History: (Acts 1993, No. 93-263, p. 398.)

(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…

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 …

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…

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 …

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.)