Ala. Code § 38-2-11 — Alabama Code / Title 38 / Chapter 2 / Section 38-2-11
Section 38-2-11 Photographic Reproductions of Books, Records, Papers or Other Documents of State Department
Status: in_force

(a) Commissioner authorized to make reproductions and destroy originals. The Commissioner of Human Resources of the State of Alabama is authorized to make or to have made microfilm copies, photostatic copies or other similar photographic reproductions of all books, records, papers or other documents required to be maintained or kept by the Department of Human Resources or any agency, division or employee thereof. The Commissioner of Human Resources is authorized to destroy or cause to be disposed of any books, records, papers or other documents which have been microfilmed, photostated or otherwise photographed. Such microfilms, photostats or other photographs shall be retained and kept in lieu of such books, records, papers or documents required to be kept or maintained.

(b) Effect of reproductions; certification; admission in evidence. Such microfilm copies, photostatic copies or other similar photographic reproductions of such above-named documents shall for all purposes be deemed to be and have the force and effect of such documents themselves. A photostatic copy, photographic reproduction or other similar photographed typewritten copies or other copies of such original microfilm copy, photostatic copy or other similar photographic reproduction of such documents shall be duly certified to by the officer having custody of such original microfilm copy, photostatic copy or other similar photographic reproduction in the Department of Human Resources, and must be received as evidence in all courts in the same manner and to the same extent as would be the duly certified copy of such documents themselves.

(c) Legislative intent. It is hereby declared to be the legislative intent to permit the commissioner to dispose of any books, records, papers or any other documents required by law to be kept or maintained by the Department of Human Resources in the event that photographic reproductions of such books, records, papers or other documents are made or caused to be made by such commissioner, and to give such photographic reproduction the same force and effect as the book, record, paper or other document which has been so photographed and disposed of.
Ala. Code § 38-15-2 — Alabama Code / Title 38 / Chapter 15 / Section 38-15-2
Section 38-15-2 Legislative Findings
Status: in_force

The Legislature finds that there is a substantial need to protect children and youth from abuse and neglect by persons entrusted with their physical custody, and from persons or organizations that advertise, hold themselves out, or lead others to believe that they will provide them with health, therapeutic, rehabilitative, or disciplinary services, and from persons employed or exercising authority over them, and who they depend upon to provide the basic necessities of life. The Legislature further finds that abuse and neglect often take the form of the withholding of the basic necessities of life, including food, water, shelter, clothing, and health care through an affirmative act or omission. It is the intent of the Legislature to implement a baseline of registration and regulation requirements for religious, faith-based, or church nonprofit, other nonprofit, and for profit affiliated youth residential facilities and institutions that have previously been exempt, and that criminal penalties be imposed on any individual guilty of the abuse or neglect of a child through an act or omission in association with services provided by such an institution. The Legislature further finds and declares the following:

(1) For several years, religious, faith-based, and church nonprofit, other nonprofit, and for profit residential affiliated facilities, institutions, and programs intended to be a less restrictive option for treatment of children and youth with substantial behavioral issues have been established nationwide, with numerous allegations of abuse and neglect, some resulting in death.

(2) There are currently religious, faith-based, or church nonprofit, other nonprofit, and for profit affiliated youth residential facilities, institutions, and programs operating in Alabama that are exempt from registration and regulation by the State Department of Human Resources.

(3) These facilities, institutions, and programs are owned and operated by for profit, or nonprofit organizations defined in Section 501(c)(3) of the Internal Revenue Code.

(4) These facilities, institutions, and programs advertise, both in state and out of state, that they provide services for youth with behavioral or other issues to individuals who may feel they have no other option.

(5) Victims of abuse and neglect of these organizations nationwide have formed organizations to expose the trauma, abuse, and neglect they experienced while residents at or in these institutions, facilities, and programs.

(6) Students and youth subject to enrollment or attendance of these facilities have experienced a host of other problems associated with the trauma, abuse, and neglect experienced at these institutions, facilities, and programs.

(7) There is a lack of accountability regarding the existence and status of children that are enrolled in or housed at these institutions and facilities being residents of both this state and other states.

(8) The states reserve the power to establish and enforce laws protecting the welfare, safety, and health of the public.

(9) It is the duty of the Legislature to ensure proper licensing and regulation of residential facilities for the protection and care of all citizens.

(10) It is the intent of the Legislature that the state require registration of religious, faith-based, or church nonprofit, other nonprofit, and for profit residential institutions, alternative boarding schools, and outdoor programs that house or contain children or youth for a period over 24 hours to provide counseling, therapeutic, disciplinary, or educational services when long-term on site residency of children is required.
Ala. Code § 38-9E-10 — Alabama Code / Title 38 / Chapter 9E / Section 38-9E-10
Section 38-9E-10 Liability of Persons Reporting or Investigating Violations
Status: in_force

Transferred to §13A-6-199 by Act 2014-346, §1(1)(7) effective April 9, 2014.
Ala. Code § 38-9C-1 — Alabama Code / Title 38 / Chapter 9C / Section 38-9C-1
Section 38-9C-1 Short Title
Status: in_force

This chapter shall be known and may be cited as “The Alabama Bill of Rights for Persons with Developmental Disabilities and Traumatic Brain Injury.”
Ala. Code § 38-9E-12 — Alabama Code / Title 38 / Chapter 9E / Section 38-9E-12
Section 38-9E-12 Liability of Physicians
Status: in_force

Transferred to §13A-6-201 by Act 2014-346, §1(1)(7) effective April 9, 2014.
Ala. Code § 38-9A-8 — Alabama Code / Title 38 / Chapter 9A / Section 38-9A-8
Section 38-9A-8 Individual and Family Support and Financial Assistance
Status: in_force

(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 shall not be deemed as income for any purpose, and is exempt from all state and local taxation and reporting.

(c) Financial assistance shall not be alienable by sale, assignment, garnishment, executions, or otherwise.

(d) The individual or family recipient shall decide how financial assistance is used subject to the following:

(1) The family or individual recipient shall submit an annual report stating generally how the assistance was used.

(2) The family or individual recipient shall report promptly any event or condition affecting continued eligibility for support including, but not limited to:

a. Death of a family member.

b. Death of the responsible family adult.

c. Placement outside the home.

d. Change of state of residence.
Ala. Code § 38-3-4 — Alabama Code / Title 38 / Chapter 3 / Section 38-3-4
Section 38-3-4 Compensation
Status: in_force

The members of the advisory board shall receive no compensation for their services, other than reimbursement for traveling and other expenses actually incurred in the performance of their official duties. The expenses shall be paid in the manner and amount as is provided for other state officers and employees and persons traveling on official business for the state or any of its departments, institutions, boards, bureaus, commissions, councils, committees, or other like agencies.
Ala. Code § 38-9G-2 — Alabama Code / Title 38 / Chapter 9G / Section 38-9G-2
Section 38-9G-2 Registry Requirements; Confidentiality and Use of Reports and Records
Status: in_force

(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 been convicted of the crime of elder abuse and neglect in the first degree pursuant to Section 13A-6-192.

(2) The individual has been convicted of the crime of elder abuse and neglect in the second degree pursuant to Section 13A-6-193.

(3) The individual has been convicted of the crime of elder abuse and neglect in the third degree pursuant to Section 13A-6-194.

(4) The individual has been convicted of the crime of financial exploitation of an elderly person in the first degree pursuant to Section 13A-6-195.

(5) The individual has been convicted of the crime of financial exploitation of an elderly person in the second degree pursuant to Section 13A-6-196.

(6) The individual has been convicted of the crime of financial exploitation of an elderly person in the third degree pursuant to Section 13A-6-197.

(7) The individual has been convicted of any act of elder abuse as defined in Section 38-9F-3.

(8) An elder abuse protection order has been issued against the individual pursuant to Section 38-9F-4.

(9) A protection from abuse order has been issued against the individual pursuant to Chapter 5 of Title 30 for the protection of an elderly person or an adult in need of protective services.

(10) The individual has been convicted of any act of abuse, neglect, or exploitation as described in Section 38-9-7.

(11) The individual has been found by the Department of Human Resources to have committed an act of abuse, elder abuse, emotional abuse, exploitation, financial exploitation, intimidation, neglect, sexual abuse, or undue influence against an elderly person or an adult in need of protective services.

(b) The Department of Human Resources shall establish and enforce reasonable rules governing the custody, use, and preservation of the reports and records of abuse, elder abuse, emotional abuse, exploitation, financial exploitation, intimidation, neglect, sexual abuse, or undue influence against an elderly person or an adult in need of protective services. These reports and records and related information or testimony shall be confidential, and shall not be used or disclosed for any purpose other than the following:

(1) For purposes of employment required by Section 38-9G-5.

(2) For investigation by a law enforcement agency.

(3) For use by a grand jury upon its determination that access to the reports and records is necessary in the conduct of its official business.

(4) For use by a court that finds the information is necessary for the determination of an issue before the court.

(5) For use by any guardian ad litem, guardian, or conservator authorized by a court to act as a representative for an elderly person or adult in need of protective services who is the subject of a report.

(6) For use by a physician who has before him or her an elderly person or an adult in need of protective services whom the physician reasonably suspects may be abused or neglected.

(7) For use by federal, state, or local governmental entities, social service agencies of another state, or any agent of these entities, having a need for the information in order to carry out their responsibilities under law to protect individuals from abuse and neglect.

(8) For public disclosure of the findings or information about the case of abuse or neglect that has resulted in a fatality. Information identifying by name persons other than the victim shall not be disclosed.
Ala. Code § 38-13-1 — Alabama Code / Title 38 / Chapter 13 / Section 38-13-1
Section 38-13-1 Legislative Findings and Intent
Status: in_force

Under the National Child Protection Act of 1993, Public Law 103-209, 42 U.S.C. § 5119, et seq., the states are permitted to implement a computerized information system to provide child abuse crime information through the Federal Bureau of Investigation National Criminal History Record Information System. The states may conduct a nationwide criminal history background check for the purpose of determining whether an individual who shall have unsupervised access to children, the elderly, or individuals with disabilities has been convicted of a crime that bears upon the fitness of the individual to provide care to or have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities as defined in this chapter. The Legislature finds that there is an important state interest and it is in the best interest of the children, the elderly, and individuals with disabilities of Alabama to protect them from those persons who may inflict physical or mental injury or abuse, sexual abuse or exploitation, or maltreatment or other mistreatment upon children, the elderly, or individuals with disabilities. Therefore, it is the intent of the Legislature to provide for the implementation of a system that allows the Department of Human Resources, licensed child placing agencies, and child and adult care facilities to ensure that current licensees, license and volunteer applicants, prospective employees, current employees, and volunteers are suitable for employment, to perform volunteer work, or to hold a license, permit, approval, or certification and have not been convicted of a crime that bears upon their fitness to provide care or have responsibility for the safety or well-being of children, the elderly, or individuals with disabilities as defined in this chapter.
Ala. Code § 38-10-12 — Alabama Code / Title 38 / Chapter 10 / Section 38-10-12
Section 38-10-12 Time Limit for Disbursement by Department to Child’s Custodian of Child Support Payments Received by It; Exception
Status: in_force

(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 administered pursuant to the requirements of Title IV-D of the Social Security Act, and any payments, or any portion thereof, are due to be disbursed to the custodian of the child, the department receiving payment shall within five working days after the day of its receipt make remittance of the amount due by mailing it to the custodian of the child. The five-day distribution requirement shall not apply when the department has received service of an affidavit to terminate income withholding due to the fact that all children subject to the order have reached the age of majority or all arrearage obligations have been fulfilled, or as otherwise provided in subdivisions (1) and (2).

(1) When collection is made pursuant to the federal tax offset provisions of Title IV-D of the Social Security Act or pursuant to the setoff debt collection provisions of Article 3, Chapter 18, Title 40, distribution shall continue to be made pursuant to that article and federal requirements.

(2) When the amount of support collected on an order in a month is less than ten dollars ($10), the amount collected shall be held in escrow by the department until the total collections on that order, including any amount held in escrow, exceed ten dollars ($10), at which time the amount shall be distributed.

(b) Any child support disregard payment to current aid to families with dependent children recipients shall not be governed by this section, but shall be made pursuant to federal requirements.
Ala. Code § 38-9A-3 — Alabama Code / Title 38 / Chapter 9A / Section 38-9A-3
Section 38-9A-3 Regional Support Councils
Status: in_force

(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 at-large members who are not members of any community council. A quorum of 40 percent of the membership shall be required to conduct business. Membership shall be distributed equitably throughout the geographic region and shall be representative of the prevalent developmental disabilities. Membership terms shall be for a period of three years. The regional councils shall develop policies for ensuring the implementation of the membership requirements in this section.

Successor members to fill expiring terms shall be made by the regional councils for a term of three years each.

(b) The members of each council shall serve on a voluntary basis, but shall be reimbursed for reasonable expenses incurred in council participation within the guidelines determined by the state council. The guidelines shall reflect the intent of this chapter to value and actively support a diversity of consumer and family participation.

(c) The regional councils shall adopt, subject to the approval of the State Support Council, policies and procedures within its respective region regarding:

(1) Development of a planning process that includes collection and evaluation of data and requests for the program that is coordinated with other service planning efforts.

(2) Development of appropriation requests for individual and family support within the region.

(3) Fiscal accountability procedures, including provisions for an annual independent audit.

(4) Program specifications for the region that shall include, but not be limited to, the following:

a. Criteria for allocation of funds to individuals, families, and support programs.

b. Eligibility determination for persons with developmental disabilities and families with whom an individual with a developmental disability resides.

c. Methodologies for allocating resources to individuals and families within the funds available.

(5) Coordination of the individual and family support program and the use of its funds equitably throughout the region, with other publicly funded programs.

(6) Resolution of grievances and complaints filed pertaining to actions of the individual and family support program, and an appeals process.

(7) Quality assurance and quality improvement guidelines pursuant to subsection (f) that include, at a minimum, a measurement of the extent of consumer and family satisfaction with the services and support of the program.

(8) Annual evaluation of services, including, but not limited to, consumer satisfaction.

(9) Development and implementation of a public awareness, education, and outreach program.

(10) Development of a constitution and bylaws.

(11) Sanction of the community council.

(d) The council shall meet at least quarterly.

(e)(1) The council may dispense financial assistance and individual and family support to eligible persons who have developmental disabilities, and to eligible families of those persons. Any financial assistance provided to individuals or families pursuant to this chapter based on funds provided by the Department of Mental Health shall be made in compliance with rules promulgated by the department.

(2) The council may also choose to fund support programs operated by local agencies.

(f) The councils shall adopt a quality improvement plan that does all of the following:

(1) Adheres to the principles of Section 38-9A-2.

(2) Addresses the policies and procedures required by subsection (c).

(3) Includes fundamental quality assurance activities.

(4) Incorporates concepts of continuous quality improvement.

(5) Utilizes consumer and family satisfaction assessment data as a quality indicator.

(6) Is evaluated annually to assess its effectiveness in improving the following:

a. Consumer and family satisfaction with the IFS services and support.

b. The efficiency and effectiveness of the councils in operations and performance.

c. The compliance of the councils with the requirements of this chapter.

(7) Is revised annually based on results of subdivision (6).
Ala. Code § 38-9-3 — Alabama Code / Title 38 / Chapter 9 / Section 38-9-3
Section 38-9-3 Legislative Findings and Intent
Status: in_force

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 rights as other citizens, and at the same time protect the individual from exploitation, neglect, abuse and degrading treatment. This chapter is designed to establish those services and assure their availability to all persons when in need of them, and to place the least possible restriction on personal liberty and exercise of constitutional rights consistent with due process and protection from abuse, exploitation and neglect.
Ala. Code § 38-15-9 — Alabama Code / Title 38 / Chapter 15 / Section 38-15-9
Section 38-15-9 Construction of Chapter
Status: in_force

This chapter shall not be interpreted to supersede any other law requiring the reporting or investigation of child abuse or neglect.
Ala. Code § 38-4-10 — Alabama Code / Title 38 / Chapter 4 / Section 38-4-10
Section 38-4-10 Review by County Board of Findings and Awards of County Department
Status: in_force

The county board shall have the power to require a report of the finding and award of the county department in each case, to review such finding and award and either to approve, disapprove or amend such award in relation to federal and state laws and requirements.
Ala. Code § 38-4-2 — Alabama Code / Title 38 / Chapter 4 / Section 38-4-2
Section 38-4-2 Application for Assistance; Investigation; Determination of Eligibility and Amount of Assistance; Notice to Applicant
Status: in_force

(a) Applications for Temporary Assistance for Needy Families (TANF) cash assistance shall be made to the county department in the manner prescribed by the state department and shall contain such information as the state department may require; provided, that nothing contained in this chapter shall be construed as requiring the signing of a pauper’s oath on the part of any person making application for assistance hereunder. An investigation and record shall be promptly made by the county department of the circumstances of the applicant. Upon the completion of the investigation the county director shall determine whether the applicant is eligible for assistance under the provisions of this chapter and the rules and regulations of the state department and the amount of assistance he shall receive. The county director shall give notice in writing to the applicant of the action taken on his application or any subsequent change in payments.

(b) Within maximum matchable payments in which the federal government will participate as prescribed in the Federal Social Security Act, the amount of assistance to which any person described in Section 38-4-1 shall be entitled shall, under the rules and regulations of the state department, be determined upon the basis of the amount of total income and resources received by the applicant, the husband or wife of the applicant and/or the cohabiting partner of the applicant, as provided by rules promulgated by the Department of Human Resources, except as provided in Section 38-4-1, and such other conditions existing in each case as will determine the need for assistance for such person as provided in this chapter. The amount of such assistance shall be determined with due regard to the conditions existing in each case, subject to the funds available, and the rules and regulations and standards of the state department and the provisions of this chapter.

(c) No provision of this section shall affect in any manner the amount paid to a widow of a Confederate veteran now or hereafter placed on the pension rolls of this state.
Ala. Code § 38-14-3 — Alabama Code / Title 38 / Chapter 14 / Section 38-14-3
Section 38-14-3 Matching Funds
Status: in_force

Once the account owner has saved for a minimum of six months, has reached his or her savings goal, and has fulfilled all financial literacy education components in accordance with federal guidelines, the appropriate matching funds shall be transferred from the parallel account directly to the vendor or service provider of the approved asset.
Ala. Code § 38-5-6 — Alabama Code / Title 38 / Chapter 5 / Section 38-5-6
Section 38-5-6 Relatives Not Legally Liable for Support, Hospital and Medical Care, Etc
Status: in_force

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 rendered to said recipient pursuant to any provision of this chapter if he is an applicant for or a recipient of assistance under this chapter at the time such medical care or hospital care or other service is rendered.
Ala. Code § 38-12B-10 — Alabama Code / Title 38 / Chapter 12B / Section 38-12B-10
Section 38-12B-10 Promulgation of Rules
Status: in_force

The commissioner of the department may promulgate rules as necessary to implement and administer this chapter.
Ala. Code § 38-9A-1 — Alabama Code / Title 38 / Chapter 9A / Section 38-9A-1
Section 38-9A-1 Definitions
Status: in_force

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, but not limited to, the Department of Mental Health, Department of Public Health, and Department of Education.

(c) CHILD. An individual under the age of 18 who has a developmental disability or who is at risk for a developmental disability. A child under the age of six is considered at risk for a developmental disability if the child has substantial developmental delay or specific congenital or acquired condition that has a high probability of resulting in a developmental disability if services are not provided.

(d) COMMUNITY COUNCIL. A local council composed of people with a developmental disability and their family members who supervise the implementation of the program in its designated community consistently with the policies and procedures of the regional council.

(e) DEVELOPMENTAL DISABILITY. A severe chronic disability of a person that:

(1) Is attributable to a mental or physical impairment or a combination of mental and physical impairments.

(2) Is manifested before the person attains the age of 22, except in the case of traumatic brain injury in which age is not a factor.

(3) Is likely to continue indefinitely.

(4) Results in a substantial functional limitation in three or more of the following major life activities:

a. Capacity for independent living.

b. Economic self-sufficiency.

c. Learning.

d. Mobility.

e. Receptive and expressive language.

f. Self care.

g. Self-direction.

(5) Reflects a need of the person for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended durations and are individually planned and coordinated.

(f) FAMILY. The person or persons with whom the person with a developmental disability resides and who is primarily responsible for the physical care, health, and nurturing of the individual with a developmental disability. The term does not include hospitals, sanitariums, nursing homes, group homes, or any other similar institution.

(g) FINANCIAL ASSISTANCE. A monetary payment to an eligible person with a developmental disability and the family of a child with a developmental disability needed to defray the cost of social services related to the disability. Financial assistance includes, but is not limited to, cash subsidies, cash allowances, cash vouchers, or reimbursement to enable eligible persons to acquire social services or medical services.

(h) INDIVIDUAL AND FAMILY SUPPORTS. Goods, services, and financial assistance to an individual with a developmental disability or the family of such an individual that are provided to meet the goals of: (i) Providing a quality of life comparable to the extent practicable, to that of similarly situated individuals not having a developmental disability and families not having an individual with a developmental disability; and (ii) preventing premature or inappropriate out-of-home placement. Individual and family support includes, but is not limited to, the following:

(1) Communication services.

(2) Counseling services.

(3) Crisis intervention.

(4) Day care.

(5) Dental and medical care that are not otherwise covered.

(6) Equipment and supplies.

(7) Financial assistance.

(8) Home and vehicle modifications.

(9) Home health services.

(10) Homemaker services.

(11) Parent education and training.

(12) Personal assistance services.

(13) Recreation.

(14) Respite care.

(15) Self-advocacy training.

(16) Service coordination.

(17) Specialized diagnosis and evaluation.

(18) Specialized nutrition and clothing.

(19) Specified utility costs.

(20) Therapeutic and nursing services.

(21) Transportation.

(22) Vocational and employment supports.

(i) MEMORANDUM OF UNDERSTANDING. A document which establishes or clarifies the specific details of an agreement between two or more parties.

(j) PROGRAM. The Individual and Family Support Program created in Section 38-9A-2.

(k) REGIONAL SUPPORT COUNCIL. A regional council composed of people with developmental disability and their family members that supervise the implementation of the program in its designated region.
Ala. Code § 38-6-4 — Alabama Code / Title 38 / Chapter 6 / Section 38-6-4
Section 38-6-4 Rules for Determining Eligibility for Assistance
Status: in_force

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 which restrict the use or disclosure of information concerning applicants for and recipients of medical assistance for the aged to purposes directly connected with the administration of this chapter.
Ala. Code § 38-12-41 — Alabama Code / Title 38 / Chapter 12 / Section 38-12-41
Section 38-12-41 Initiation of Program
Status: in_force

The department may provide a kinship guardianship subsidy pursuant to this article to any eligible child in department custody by court order on October 1, 2010, and to any eligible child placed in department custody by court order after October 1, 2010.
Ala. Code § 38-9-2 — Alabama Code / Title 38 / Chapter 9 / Section 38-9-2
Section 38-9-2 Definitions
Status: in_force

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 OF PROTECTIVE SERVICES. A person 18 years of age or older whose behavior indicates that he or she is mentally incapable of adequately caring for himself or herself and his or her interests without serious consequences to himself or herself or others, or who, because of physical or mental impairment, is unable to protect himself or herself from abuse, neglect, exploitation, sexual abuse, or emotional abuse by others, and who has no guardian, relative, or other appropriate person able, willing, and available to assume the kind and degree of protection and supervision required under the circumstances.

(3) CAREGIVER. An individual who has the responsibility for the care of a protected person as a result of family relationship or who has assumed the responsibility for the care of the person voluntarily, by contract, or as a result of the ties of friendship.

(4) COURT. The circuit court or probate court.

(5) DEPARTMENT. The Department of Human Resources of the State of Alabama.

(6) EMOTIONAL ABUSE. The willful or reckless infliction of emotional or mental anguish or the use of a physical or chemical restraint, medication, or isolation as punishment or as a substitute for treatment or care of any protected person.

(7) EMPLOYEE OF A NURSING HOME. A person permitted to perform work in a nursing home by the nursing home administrator or by a person or an entity with an ownership interest in the facility, or by both. A person shall be considered an employee whether or not he or she receives compensation for the work performed.

(8) EXPLOITATION. The expenditure, diminution, or use of the property, assets, or resources of a protected person without the express voluntary consent of that person or his or her legally authorized representative or the admission of or provision of care to a protected person who needs to be in the care of a licensed hospital by an unlicensed hospital after a court order obtained by the State Board of Health has directed closure of the unlicensed hospital. For the purpose of this section and Sections 38-9-6 and 38-9-7, the term “unlicensed hospital” shall have the meaning ascribed to it in Section 22-21-33, and the term “licensed hospital” shall have the meaning ascribed to it in Section 22-21-20.

(9) INTENTIONALLY. A person acts intentionally with respect to a result or to conduct described by a statute defining an offense, when his or her purpose is to cause that result or to engage in that conduct.

(10) INTERESTED PERSON. Any adult relative, friend, or guardian of a protected person, or any official or representative of a public or private agency, corporation, or association concerned with the welfare of the protected person.

(11) MISAPPROPRIATION OF PROPERTY OF A NURSING HOME RESIDENT. The deliberate misplacement or wrongful, temporary, or permanent use or withholding of belongings or money of a resident of a nursing home without the consent of the resident.

(12) NEGLECT. The failure of a caregiver to provide food, shelter, clothing, medical services, or health care for the person unable to care for himself or herself; or the failure of the person to provide these basic needs for himself or herself when the failure is the result of the person’s mental or physical inability.

(13) NEURODEGENERATIVE. Relating to or being a progressive loss of neurologic function.

(14) NURSING FACILITY. A facility that is licensed as a nursing home by the Alabama Department of Public Health pursuant to Article 2, Chapter 21, Title 22.

(15) OTHER LIKE INCAPACITIES. Those conditions incurred as the result of accident or mental or physical illness, producing a condition that substantially impairs an individual from adequately providing for his or her own care or protecting his or her own interests or protecting himself or herself from physical or mental injury or abuse.

(16) PERSON. Any natural human being.

(17) PHYSICAL INJURY. Impairment of physical condition or substantial pain.

(18) PROTECTED PERSON. Any person 18 years of age or older subject to protection under this chapter and not otherwise subject to the jurisdiction of the juvenile court or any person, including, but not limited to, persons with a neurodegenerative disease, persons with intellectual disabilities and developmental disabilities, or any person 18 years of age or older who is not otherwise subject to the jurisdiction of the juvenile court and who is mentally or physically incapable of adequately caring for himself or herself and his or her interests without serious consequences to himself or herself or others.

(19) PROTECTIVE SERVICES. Those services whose objective is to protect an incapacitated person from himself or herself and from others.

(20) RECKLESSLY. A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he or she is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk shall be of such nature and degree that its disregard constitutes a gross deviation from the standard conduct that a reasonable person would observe in the situation. A person who creates a risk but is unaware of that risk solely by reason of voluntary intoxication, as defined in subdivision (e)(2) of Section 13A-3-2, acts recklessly with respect thereto.

(21) SERIOUS PHYSICAL INJURY. Physical injury that creates a risk of death, or that causes serious and protracted disfigurement, protracted impairment of health, protracted loss of the function of any bodily organ, or the impairment of the function of any bodily organ.

(22) SEXUAL ABUSE. Any conduct that constitutes a crime under Article 4 of Chapter 6 of Title 13A.
Ala. Code § 38-12-37 — Alabama Code / Title 38 / Chapter 12 / Section 38-12-37
Section 38-12-37 Application
Status: in_force

(a) Applications for the program may be submitted by a prospective kinship guardian. A written agreement between the prospective kinship guardian entering into the program and the department shall precede the award of a kinship guardianship. The kinship guardianship subsidy agreement and kinship guardianship subsidy shall become effective only upon entry of an order of a court awarding kinship guardianship. The agreement shall specify, at a minimum, the following:

(1) The amount of, and manner in which, each kinship guardianship assistance payment will be provided under the agreement, and the manner in which the payment may be adjusted periodically, in consultation with the relative guardian, based on the circumstances of the relative guardian and the needs of the child.

(2) The additional services and assistance that the child and relative guardian or successor guardian will be eligible for under the agreement.

(3) The procedure by which the relative guardian or successor guardian may apply for additional services as needed.

(4) That the department will pay the cost of nonrecurring expenses associated with obtaining a legal order of kinship guardianship or successor guardianship of the child, to the extent the cost does not exceed the federally established amount.

(b) No kinship guardianship subsidy shall be made unless satisfactory documentation is submitted by the kinship guardian or successor guardian showing an eligible child lives in the home of the kinship guardian or successor guardian. Upon approval by the department that all the requirements for payment eligibility have been satisfied, the kinship guardianship subsidy may be retroactive to the date of the court order appointing kinship guardianship.

(c) The kinship guardianship assistance agreement executed in accordance with this section and any amendments thereto may name an appropriate person to act as a successor guardian for the purpose of providing care and guardianship for a child in the event of death or incapacity of the relative guardian.

(d) A child shall remain eligible for kinship guardianship assistance payments under this title when a successor guardian assumes care and guardianship of the child.

(e) The department shall complete a criminal history record check on the prospective successor guardian and all adult residents of the household of the prospective successor guardian before approval to receive payments. The department also shall complete a child abuse record check on the prospective successor guardian and all household members that are 14 years or older before approval to receive payments.

(f) It shall be the duty of the prospective successor guardian to inform the social services official that has entered into an agreement with the relative guardian for payments under this title in writing of the death or incapacity of the relative guardian and of the prospective successor guardian’s desire to enforce the provisions in the agreement that authorize payment to him or her in the event of the death or incapacity of the kinship guardian.
Ala. Code § 38-7A-3 — Alabama Code / Title 38 / Chapter 7A / Section 38-7A-3
Section 38-7A-3 Responsibilities
Status: reserved

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 38-4-9 — Alabama Code / Title 38 / Chapter 4 / Section 38-4-9
Section 38-4-9 Hospitalization of Incapacitated Applicants and Recipients of Old Age Pensions
Status: in_force

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 hospitalization, even though the amount to be expended exceeds the maximum assistance grant for which federal matching is available.
Ala. Code § 38-7-8 — Alabama Code / Title 38 / Chapter 7 / Section 38-7-8
Section 38-7-8 License to Operate or Conduct Child-Care Facility - Revocation or Refusal to Renew License - Grounds
Status: in_force

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-month permit:

(1) Consistently fail to maintain standards prescribed and published by the department;

(2) Violate the provisions of the license issued;

(3) Furnish or make any misleading or any false statements or report to the department;

(4) Refuse to submit to the department any reports or refuse to make available to the department any records required by the department in making investigation of the child-care facility for licensing purposes; provided, however, that the department shall not revoke or refuse to renew a license in such case unless it has made written demand on the person, firm or corporation operating the facility requesting such report or reports and such person, firm or corporation fails or refuses to submit such records for a period of 10 days;

(5) Fail or refuse to submit to an investigation by the department;

(6) Fail or refuse to admit authorized representatives of the department at any reasonable time for the purpose of investigation;

(7) Fail to provide, maintain, equip and keep in safe and sanitary condition premises established or used for child care as required under standards prescribed by the department, or as otherwise required by any law, regulation or ordinance applicable to such facility;

(8) Refuse to display its license or permit; or

(9) Fail to maintain financial resources adequate for the satisfactory care of children served in regard to upkeep of premises and provisions for personal care, medical services, clothing, learning experience and other essentials in the proper care, rearing and training of children.
Ala. Code § 38-14-9 — Alabama Code / Title 38 / Chapter 14 / Section 38-14-9
Section 38-14-9 Administration of Accounts
Status: in_force

(a) Subject to rules promulgated by the department, a fiduciary organization has sole authority over, and responsibility for, the administration of individual development accounts. The responsibility of the fiduciary organization extends to all aspects of the account program, including marketing to all eligible individuals and families, soliciting matching funds, counseling account owners, providing financial literacy education, and conducting required verification and compliance activities. The fiduciary organization may establish program provisions as the organization believes necessary to ensure account owner compliance with this chapter.

(b) A fiduciary organization may act in partnership with other entities, including businesses, government agencies, corporations, nonprofit organizations, community action programs, community development corporations, housing authorities and faith-based entities, to assist in the fulfillment of its responsibilities under this chapter.

(c) A fiduciary organization may use a reasonable portion of money allocated by the Legislature to the Individual Development Account Program for administration, operation and research, and evaluation purposes. A fiduciary organization may not expend more than 15 percent of allocated funds for those purposes.

(d) A fiduciary organization selected by the department to administer funds allocated by the State of Alabama for Individual Development Account purposes shall provide the department an annual report based on regularly collected data of the fiduciary organization’s Individual Development Account Program activity. The report shall be filed not later than 90 days after the end of the fiscal year. The report shall include, but is not limited to, the following:

(1) The number of individual development accounts administered by the fiduciary organization.

(2) The amount of deposits and matching funds for each account.

(3) The asset purchase goal of each account.

(4) The number of withdrawals made.

(5) Any other information the department may require for the purpose of determining whether the Individual Development Account Program is achieving the purposes for which it was established.

(e) The department shall make all reasonable and necessary rules to ensure the fiduciary organization’s compliance with this chapter.

(f) Financial institutions holding individual development accounts, at a minimum, shall:

(1) Keep the account in the name of the account owner.

(2) Permit deposits to be made in the account.

(3) Require the account to earn a market rate of interest.

(4) Maintain the individual development accounts as fee free.

(5) Permit the account owner, after obtaining the written authorization of the fiduciary organization, to withdraw money from the account for any qualified purpose.
Ala. Code § 38-10-33 — Alabama Code / Title 38 / Chapter 10 / Section 38-10-33
Section 38-10-33 Support Collections Paid to Department
Status: in_force

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.
Ala. Code § 38-14-8 — Alabama Code / Title 38 / Chapter 14 / Section 38-14-8
Section 38-14-8 Selection of Fiduciary Organizations
Status: in_force

The department shall select fiduciary organizations through competitive processes. In making the selections, the department may consider factors including, but not limited to, the following:

(1) The ability of the fiduciary organization to implement and administer the individual development account program, including the ability to verify account owner eligibility, certify that matching funds are used only for qualified purposes, and exercise general fiscal accountability.

(2) The capacity of the fiduciary organization to provide or raise matching funds for the deposits of account owners.

(3) The capacity of the fiduciary organization to provide, or to arrange for the provisions of, financial counseling, financial literacy education and training specific to the assets the account owners will be purchasing, and other related services to account owners.

(4) The links the fiduciary organization has to other activities and programs designed to increase the independence of this state’s low-income households and individuals through education and training, home ownership, small business capitalization, and other asset-building programs.

(5) The feasibility of the fiduciary organization’s program design, including match rates and savings goals, to lead to asset purchase.
Ala. Code § 38-4-1 — Alabama Code / Title 38 / Chapter 4 / Section 38-4-1
Section 38-4-1 Persons to Whom Public Assistance Payable
Status: in_force

(a) Generally. - Public assistance shall be payable under this chapter to or on behalf of any person who is a needy blind person within the requirements of this chapter, or is a needy person over the age of 65 years within the requirements of this chapter, or is a dependent child within the requirements of this chapter, or who is permanently and totally disabled within the requirements of this chapter. No public assistance shall be payable under this chapter to or on behalf of any person who is an inmate of a public institution; except, that such assistance may be payable to or on behalf of persons who are patients in public institutions where such payments are matchable under provisions of the Federal Social Security Act; provided, that the state department shall not grant assistance to inmates of any institution, whether public or private, unless that institution conforms to requirements under the provisions of the Federal Social Security Act and applicable statutes of Alabama.

(b) Blind assistance. - Blind assistance shall be payable under this chapter to or on behalf of any person who shall comply with the other requirements of this chapter and who:

(1) Is blind according to the definition of blindness established by the state department;

(2) Has not sufficient income and resources from all sources to provide a reasonable subsistence compatible with decency and health; provided, that any earned income required by the Federal Social Security Act to be disregarded is hereby excepted;

(3) Is, at the time of filing an application for such assistance, a resident of this state;

(4) Is not receiving any other type of public assistance for which federal matching is available;

(5) Has not directly or indirectly disposed of or deprived himself of any property for the purpose of qualifying for the benefits of this chapter;

(6) Has been examined by a duly licensed ophthalmologist or a licensed physician skilled in the diseases of the eye or a licensed optometrist, whichever the individual may select. The examiner shall certify to the county department in writing the results of the examination upon forms prescribed by the state department; and

(7) Shall not during the period of receiving assistance publicly solicit alms. The term “publicly solicit alms” shall be construed to mean either wearing, carrying or exhibiting signs denoting blindness, for the securing of alms, or the carrying of receptacles for the purpose of securing alms or the doing of the same by proxy, or stationary or house-to-house begging or any other means of securing alms.

(c) Old age pensions. - Old age pensions shall be payable under this chapter to or on behalf of any needy person who has attained the age of 65 years, who shall comply with the other requirements of this chapter and who:

(1) Is, at the time of filing an application for an old age pension, a resident of this state;

(2) Has not sufficient income and resources from all sources to provide a reasonable subsistence compatible with decency and health;

(3) Has not directly or indirectly disposed of or deprived himself of any property for the purpose of qualifying for the benefits of this chapter; and

(4) Is not receiving any other type of public assistance for which federal matching is available.

(d) Aid to dependent children. - Aid to dependent children shall be payable under this chapter on behalf of any needy child who is a dependent child as defined in the Federal Social Security Act or amendments thereto who shall comply with the applicable requirements of this chapter, and who:

(1) Has not sufficient income and resources from all sources to provide a reasonable subsistence compatible with decency and health;

(2) Is, at the time application for such aid is filed, making his home in this state;

(3) Has not directly or indirectly disposed of or deprived himself of any property for the purpose of qualifying for the benefits of this chapter; and

(4) Is not receiving any other type of public assistance for which federal matching is available. Any person having knowledge that any child is dependent and in need and if the interest of the public requires that such child be granted aid may bring such fact to the attention of the county department in the county where the child resides.

(e) Aid to permanently and totally disabled. - Aid to the permanently and totally disabled shall be payable under this chapter to or on behalf of any needy person 18 years of age or older who shall comply with the other requirements of this chapter and who:

(1) Is permanently and totally disabled according to the definition of permanent and total disability established by the state department and whose needy condition is primarily due to these limitations so that he is unable to provide himself with the necessities of life;

(2) Has not sufficient income and resources from all sources to provide a reasonable subsistence compatible with decency and health;

(3) Is, at the time of filing an application for such aid, a resident of this state;

(4) Has not directly or indirectly disposed of or deprived himself of any property for the purpose of qualifying for the benefits of this chapter; and

(5) Is not receiving any other type of public assistance for which federal matching is available.
Ala. Code § 38-9A-2 — Alabama Code / Title 38 / Chapter 9A / Section 38-9A-2
Section 38-9A-2 Individual and Family Support Program
Status: in_force

(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 corporation in each of the mental retardation regions as defined by the Department of Mental Health. The regional support councils and their affiliated community councils may receive and accept funds, real estate, and other items of value from state agencies and other organizations, and enter into any necessary agreements and contracts for the purposes of implementing this chapter. Councils may employ adequate staff personnel including a state coordinator to implement the program. If staff personnel are employed through a fiscal agent or other entity apart from the council, a memorandum of understanding which defines the roles and responsibilities of the staff shall be required.

(b) The following principles shall be adhered to in developing programs to support individuals with developmental disabilities and their families:

(1) Individuals with developmental disabilities and their families are best able to determine their own needs and should be empowered to make decisions concerning necessary, desirable, and appropriate services.

(2) Families should receive the support necessary to care for their children at home.

(3) Family support should be responsive to the needs of the entire family unit.

(4) Supports should be sensitive to the unique needs and strengths of individuals and families.

(5) Supports should build on existing social networks and natural sources of support.

(6) Supports may be needed throughout the lifespan of the individual who has a developmental disability.

(7) Supports should encourage the integration of people with developmental disabilities into the community.

(8) Support services should be flexible enough to accommodate unique needs of individuals and families as they evolve over time.

(9) Support services should be consistent with the cultural preferences and orientations of individuals and families.

(10) Support services should be comprehensive and coordinated across the agencies that provide resources and services, or both, to individuals and families.

(11) Family, individual, and community-based services should be based on the principles for sharing ordinary places, developing meaningful relationships, learning things that are useful, and making choices, as well as increasing the status and enhancing the reputation of the people served.

(12) Supports should be developed in the state that are necessary, desirable, and appropriate to support individuals and families.

(13) Developmental disabilities programs and policies should enhance the development of the individual with a developmental disability and the family.

(14) A comprehensive, coordinated system of supports to families effectively uses existing resources and minimizes gaps in supports to families and individuals in all areas of the state.

(15) Service coordination is a goal oriented process for coordination of the range of services needed and wanted by persons with developmental disabilities and their families, and is independent of service provision.

(c) State agencies and departments may enter into agreements, contracts, or grants with regional or affiliated community councils, families, caregivers, or individuals with a developmental disability to purchase or provide individual and family support.

(d) All volunteer council members shall be protected from liability stemming from the participation of the volunteer as provided in Section 6-5-336.
Ala. Code § 38-9F-10 — Alabama Code / Title 38 / Chapter 9F / Section 38-9F-10
Section 38-9F-10 Violations
Status: in_force

(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 days imprisonment, which may not be suspended. A third or subsequent conviction, in addition to any other penalties or fines, shall be punishable by a minimum sentence of 120 days imprisonment, which may not be suspended.
Ala. Code § 38-12-39 — Alabama Code / Title 38 / Chapter 12 / Section 38-12-39
Section 38-12-39 Adoption of Rules
Status: in_force

The department shall adopt rules for the program consistent with this article.
Ala. Code § 38-13-8 — Alabama Code / Title 38 / Chapter 13 / Section 38-13-8
Section 38-13-8 Confidentiality and Disclosure of Reports
Status: in_force

(a) All reports of criminal history background information received by the Department of Human Resources from the Department of Public Safety shall be confidential and marked confidential with no further disclosure and shall not be made available for public inspection.

(b) All criminal history background information reports shall be excluded from any requirement of public disclosure as a public record.

(c) Without additional public disclosure, the following release of the criminal history background information report shall not be construed to violate this section:

(1) Showing the report to the applicant or current employee.

(2) Release of the report to a court of competent jurisdiction in the event of litigation brought by the applicant or employee.

(3) Release of the report to a court of competent jurisdiction upon a finding that the information is material to the issues of the case before the court.

(4) Use of the report in preparation, investigation, and presentation during a criminal prosecution, or in any administrative proceeding involving the challenge to a suitability determination, or revocation of a license or denial of an application for a license by the Department of Human Resources.

(5) Release to anyone with the written consent of the employee or volunteer.

(d) A person having access to criminal history background information reports and releasing the reports pursuant to this chapter shall be required to maintain a register consistent with the National Child Protection Act of 1993, Public Law 103-209, 42 U.S.C. §5119, et seq.

(e) Nothing in this chapter shall be construed to prohibit the distribution of employment or licensing status information to an interested party.
Ala. Code § 38-9E-2 — Alabama Code / Title 38 / Chapter 9E / Section 38-9E-2
Section 38-9E-2 Definitions
Status: in_force

Transferred to §13A-6-191 by Act 2014-346, §1(1)(7) effective April 9, 2014.
Ala. Code § 38-9E-4 — Alabama Code / Title 38 / Chapter 9E / Section 38-9E-4
Section 38-9E-4 Elder Abuse and Neglect - Second Degree
Status: in_force

Transferred to §13A-6-193 by Act 2014-346, §1(1)(7) effective April 9, 2014.
Ala. Code § 38-4-4 — Alabama Code / Title 38 / Chapter 4 / Section 38-4-4
Section 38-4-4 Reduction, Cancellation or Continuance of Assistance Grant When Recipient Becomes Possessed of Income or Resources
Status: in_force

(a) If at any time the recipient of public assistance, the husband or wife of such recipient, or the cohabiting partner of the recipient, as provided by rules promulgated by the Department of Human Resources, shall become possessed of any income or resources in excess of that owned or being received at the date of the application, it shall be the duty of the recipient immediately to notify the county department of the facts in the case. The county department, upon the notification or upon otherwise learning the facts, shall, after investigation, continue, reduce or cancel the amount of the grant as the facts may warrant. Its action in this respect shall be subject to appeal and review as provided in this chapter. For the purposes of this section, where aid to dependent children is the form of public assistance involved, the near relative, as defined in the Federal Social Security Act, shall report the acquisition of income and resources.

(b) Notwithstanding this Section or Section 38-4-2 or Section 38-11A-2, TANF cash assistance and eligibility requirements shall conform with federal eligibility requirement standards as provided for in Title IV, Part A, of the Social Security Act.
Ala. Code § 38-12B-2 — Alabama Code / Title 38 / Chapter 12B / Section 38-12B-2
Section 38-12B-2 Develpment and Adminstration of Program
Status: in_force

(a) The State Department of Human Resources shall develop and administer Fostering Hope, a scholarship program for designated persons currently or formerly in the state foster care program, including children adopted from the program at the age of 14 or older. Commencing with the 2016-2017 academic year, the program, on behalf of participants, shall do either of the following:

(1) Pay for tuition and required fees at any public two-year or four-year institution of higher education in the state.

(2) Pay required fees for job training courses or skill certifications that are offered by any public two-year or four-year institution of higher education in the state or other publicly funded training programs in the state, and not considered an associate’s degree, if the courses or certifications are first approved by the department.

(b) Payments of tuition and required fees are considered program scholarships.
Ala. Code § 38-12-38 — Alabama Code / Title 38 / Chapter 12 / Section 38-12-38
Section 38-12-38 Review of Subsidy
Status: in_force

If the subsidy continues for more than one year, the eligibility for and amount of the subsidy shall be reviewed at least annually by the department as provided by rule. The subsidy continues regardless of the state in which the kinship guardian or successor guardian resides, or the state to which the kinship guardian or successor guardian moves, if the kinship guardian or successor guardian continues to be responsible for the child, provided funding is available.
Ala. Code § 38-7-11 — Alabama Code / Title 38 / Chapter 7 / Section 38-7-11
Section 38-7-11 Inspection of Facilities
Status: in_force

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 license or an approval or a six-month permit pursuant to this chapter and any child-care facility which is operating under a license or an approval or a six-month permit issued pursuant to this chapter. Such inspection shall include, but not be limited to, premises, services, personnel, program, accounts and records, interviews with agents and employees of the child-care facility being inspected and interviews with any child or other person within the custody or control of said child-care facility. Such inspection shall be made at any reasonable time, without prior notice, and as often as necessary to enforce and administer the provisions of this chapter. It shall be the duty of the department, through its agents, to conduct the inspections authorized hereinabove. If any such inspection of a licensed or approved child-care facility discloses any condition, deficiency, dereliction or abuse which is, or could be, hazardous to the health, the safety or the physical, moral or mental well-being of the children in the care of the child-care facility being inspected, the same shall at once be brought to the attention of the department, and the department shall have the power to revoke without notice the license or approval or six-month permit of such child-care facility. In this event, the child-care facility shall not operate during the pendency of any proceeding for fair hearing or judicial review, except under court order.
Ala. Code § 38-10-8 — Alabama Code / Title 38 / Chapter 10 / Section 38-10-8
Section 38-10-8 Disposition of Child Support Payments Collected Pursuant to Judicial Actions
Status: in_force

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 the state department in accordance with the provisions of the Social Security Act and amendments thereto. Support collections in cases where there is not an assignment to the department but services are otherwise being provided pursuant to the requirements of Title IV-D shall be accounted for and distributed by the state department in accordance with rules published and provided by the department. When an obligor is subject to more than one support order being enforced by the department and the amount received from the obligor for distribution is not sufficient to satisfy the total amount due under all of the orders, distribution of current support shall have priority over any past due support. Where two or more orders for current support against an obligor are being enforced by the department and the amount received from the obligor is not sufficient to satisfy all current support due, the state department shall allocate a pro rata share of the total amount received to each family for whom support is being enforced by the department. When two or more support orders are being enforced against an obligor by the department, more than one of which has an accumulated arrearage, and the total amount collected is in excess of the amount sufficient to satisfy current support due under all of the orders, but is insufficient to satisfy all arrearages due, the department shall allocate a pro rata share of the amount collected, over and above the amount needed to satisfy the current support, to each family for whom support is being enforced and to whom an arrearage is owed. Distribution shall be made based upon the percentage of the total amount required to satisfy all of the respective support orders multiplied by the total amount available for distribution. The State Treasurer shall deposit collections of support received by the state department into a separate interest-bearing account. The State Treasurer shall at the end of each quarter credit any and all interest accruing on the interest-bearing account to the Public Welfare Trust Fund. The interest shall be used for general welfare purposes and is appropriated for those purposes.
Ala. Code § 38-2-2 — Alabama Code / Title 38 / Chapter 2 / Section 38-2-2
Section 38-2-2 State Board of Human Resources
Status: in_force

There shall be a State Board of Human Resources which shall consist of the Governor, as chairman, and six other members, not less than two of whom shall be women, appointed by the Governor without regard to political affiliation but on the basis of recognized interest in welfare work with the advice and consent of the senate. The members of said board shall be appointed by the Governor for a term of six years, and vacancies shall be filled by the Governor for any unexpired term. The state board shall hold meetings at times and places to be prescribed by rules of the state board or as may be designated by the chairman. The presence of four members at any regular or special meeting shall constitute a quorum for the transaction of all business. Members of the state board shall receive no compensation for their services other than expenses incurred while in attendance at the meetings of the state board or on business of the state department, such expenses to be paid in the manner and in an amount as is prescribed for other state officers and employees and persons traveling on official business for the state or any of its departments, institutions, boards, bureaus, commissions, councils, committees and other like agencies.
Ala. Code § 38-12-4 — Alabama Code / Title 38 / Chapter 12 / Section 38-12-4
Section 38-12-4 Individualized Service Plan
Status: in_force

(a) The department shall determine whether the person is able to care effectively for the foster child by the following methods:

(1) Reviewing personal and professional references.

(2) Observing during a home visit of the kinship foster parent with household members.

(3) Interviewing the kinship foster parent.

(b) The department and the kinship foster parent shall develop an individualized service plan for the foster care of the child. The plan shall be periodically reviewed and updated. If the plan includes the use of an approved daycare center or family daycare home, the department shall pay for child care arrangements, according to established rates.

(c) The kinship foster parent shall cooperate with any activities specified in the individualized service plan for the foster child, such as counseling, therapy, court sessions, or visits with the foster child’s parents or other family members.

(d) Whether appointed kinship guardian by the juvenile court or awarded a kinship guardianship subsidy, the kinship foster parent shall meet and continue to meet all subsidy program and funding requirements.
Ala. Code § 38-6-6 — Alabama Code / Title 38 / Chapter 6 / Section 38-6-6
Section 38-6-6 Procedures for Determining Eligibility
Status: in_force

Eligibility for medical assistance for the aged shall be determined by the Department of Human Resources through such procedures as the department shall develop.
Ala. Code § 38-13-11 — Alabama Code / Title 38 / Chapter 13 / Section 38-13-11
Section 38-13-11 Disposition of Fees
Status: in_force

All fees received by the Department of Public Safety for criminal history background information checks conducted pursuant to this chapter shall be deposited to the Public Safety Automated Fingerprint Identification System Fund, to be appropriated to and expended by the Department of Public Safety in accordance with Section 32-2-61.
Ala. Code § 38-2-7 — Alabama Code / Title 38 / Chapter 2 / Section 38-2-7
Section 38-2-7 County Boards of Human Resources Created; Composition; Terms of Office; Meetings; Duties, Etc.; County Director
Status: in_force

There is hereby created in each county a county board of human resources, which shall consist of seven members, not less than two of whom shall be women, selected by the county commission from the citizenship of the county on the basis of their recognized interest in the public welfare; provided that in counties in which there are cities having a population of 60,000 or more, according to the last federal census, the city commission or other governing body of the city shall have equal authority with the county commission in selecting the membership of the county board of human resources. No person holding an elective public office, no person who is a candidate for election to a public office, no person who is an employee of the county department of human resources and no person who is related by consanguinity or affinity within the fourth degree or nearer under the civil law to any such officer or employee shall be a member of such county board of human resources. The members of said board shall be appointed for a term of six years, and vacancies shall be filled for the unexpired term in the same manner as above provided. The county board shall elect from its members a chairman and a secretary to serve at its pleasure. The county board shall hold meetings under rules to be established by it in conformity with the regulations of the state board, and such additional meetings as may be called by the chairman. The presence of four members at any regular or special meeting shall constitute a quorum for the transaction of all business. Members of the county board shall serve without compensation for their services as members, but shall be reimbursed for the amount of their traveling and other expenses actually paid out while in attendance at the meetings of the county board or on business of the department.

The county board, subject to the provisions of the merit system, shall appoint a county director, who shall be the executive officer of the county department, and the appointment shall be made without regard to political affiliation. The tenure of the county director shall be at the pleasure of the county board. Upon request of the local board, the state personnel department shall establish a county register of eligibles who are residents of the county in which the vacancy exists. If no appointment is made from the local register or there is no local register, then appointment shall be made from the statewide register.

It shall be the further duty of the county board to meet from time to time with the county director and to point up unmet needs in the county, to advise concerning economic conditions in the county which might affect the welfare program, to assist in informing the citizens of the public welfare program, to cooperate with other agencies, individuals and organizations in the community in the development of facilities designed for human betterment, and to advise concerning changes which would make for a more effective and efficient public welfare program.
Ala. Code § 38-15-5 — Alabama Code / Title 38 / Chapter 15 / Section 38-15-5
Section 38-15-5 Criminal Background Checks
Status: in_force

Any employee, volunteer, or applicant for employment or for a volunteer position at or with any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated youth residential facility, youth social rehabilitation facility, community treatment facility for youths, youth transitional care facility, long term youth residential facility, private alternative boarding school, private alternative outdoor program, and any organization entrusted with the residential care of children or youth in any organizational form or combination thereof defined by this section, or as defined by the department, shall be subject to a criminal background investigation prior to having unsupervised contact with the children in accordance with subdivision (1) of subsection (a) of Section 38-13-3.
Ala. Code § 38-1-8 — Alabama Code / Title 38 / Chapter 1 / Section 38-1-8
Section 38-1-8 Federal Aid for Certain Felony Offenders
Status: in_force

Pursuant to subsection (d) of 21 U.S.C. §862a, a person convicted of a drug related felony who is otherwise ineligible for aid under the Temporary Assistance for Needy Families program, or the federal Supplemental Nutrition Assistance Program, or both shall be eligible for the aid upon completion of his or her sentence or if the person is satisfactorily serving a sentence of a period of probation, including if the person has satisfactorily completed mandatory participation in a drug treatment program, provided the person meets all other requirements for eligibility under the program or programs. Any person eligible for aid pursuant to this provision shall still comply with all other requirements for receiving aid, including those related to drug testing.
Ala. Code § 38-4-14 — Alabama Code / Title 38 / Chapter 4 / Section 38-4-14
Section 38-4-14 Limitations on Use of Public Assistance Benefits
Status: in_force

(a) For the purposes of this section, the term public assistance benefits means money or property provided directly or indirectly to eligible persons through programs of the federal government, the state, or any political subdivision thereof, and administered by the Alabama Department of Human Resources.

(b)(1) A recipient of public assistance benefits may not use any portion of the benefits for the purchase of any alcoholic beverage, tobacco product, or lottery ticket. Any person who violates this subsection shall reimburse the Department of Human Resources for the purchase and shall be subject to the following sanctions:

a. Upon the first violation, the person shall be disqualified from receiving public assistance benefits by means of direct cash payment or an electronic benefits transfer access card for one month.

b. Upon the second violation, the person shall be disqualified from receiving public assistance benefits by means of direct cash payment or electronic benefits transfer access card for three months.

c. Upon a third or subsequent violation, the person shall be permanently disqualified from receiving public assistance benefits by means of direct cash payment or an electronic benefits transfer access card.

(2) A person who is disqualified from receiving public assistance benefits under this subsection shall have the right to a hearing pursuant to the Alabama Administrative Procedure Act.

(c)(1) A cash recipient of public assistance benefits may not withdraw or use cash benefits by means of an Electronic Benefits Transfer transaction for the purchase of goods or services in a retail establishment the primary purpose of which is the sale of alcoholic beverages, a casino, a tattoo or body piercing facility, a facility providing psychic services, or an establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state. Any person who violates this subsection shall reimburse the Department of Human Resources for the amount withdrawn and used and shall be subject to the following sanctions:

a. Upon the first violation, the person shall be disqualified from receiving public assistance benefits by means of direct cash payment or an electronic benefits transfer access card for a period of one month.

b. Upon the second violation, the person shall be disqualified from receiving public assistance benefits by means of direct cash payment or electronic benefits transfer access card for a period of three months.

c. Upon a third or subsequent violation, the person shall be permanently disqualified from receiving public assistance benefits by means of direct cash payment or an electronic benefits transfer access card.

(2) A person who is disqualified from receiving public assistance benefits under this subsection shall have the right to a hearing pursuant to the Alabama Administrative Procedure Act.

(d) If a parent is deemed permanently disqualified from receiving public assistance benefits under subsection (b) or (c), the dependent child or other adult family member’s eligibility for public assistance benefits is not affected.

(1) An appropriate protective payee shall be designated to receive benefits on behalf of the child members.

(2) The parent may choose to designate another person to receive benefits for the minor child members. The designated person must be an immediate family member or, if an immediate family member is not available or the family member declines the option, another person may be designated. The designated person must be approved by the department.

(e) The Department of Human Resources shall inform all applicants for and recipients of public assistance benefits of the restrictions contained in this section and the penalties for violating those restrictions through any means practical.

(f)(1) The Department of Human Resources shall consult with providers of automatic teller machine services to consider the implementation of a program or method of blocking access to cash benefits from an electronic benefits transfer access card issued by the department at automatic teller machines located in or at a retail establishment the primary purpose of which is the sale of alcoholic beverages, a casino, a tattoo facility, a facility providing psychic services, or an establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state. If the department determines the implementation of a program is feasible, the department shall initiate the program by October 1, 2015.

(2) If the department requires a federal waiver to comply with this section, the department shall apply immediately for the federal waiver.

(g) The Department of Human Resources shall adopt rules to implement this section.

(h)(1) The Alabama Department of Human Resources shall perform a monthly incarceration match to obtain information to assist in determining eligibility for public assistance benefits based on incarceration status.

(2) If the department determines that a recipient of public assistance benefits is incarcerated at the time the incarceration match is performed, the department shall not issue an electronic benefits transfer access card to the incarcerated recipient. If an electronic benefits transfer access card has already been issued to the incarcerated recipient, the department shall deactivate the card.

(i) The department shall perform a monthly match using the United States Social Security Death Index Database to determine if a recipient is deceased. If the department determines that the recipient is deceased at the time the index match is performed, the department shall not issue an electronic benefits transfer access card. If an electronic benefits transfer access card has already been issued to the deceased recipient, the department shall deactivate the card.
Ala. Code § 38-6-3 — Alabama Code / Title 38 / Chapter 6 / Section 38-6-3
Section 38-6-3 Determination of Scope of Medical Assistance
Status: in_force

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 federal funds available for this purpose;

(2) The most pressing medical needs of the aged not receiving old age pensions but without sufficient income and resources to meet the costs of necessary medical services; and

(3) The assurance that persons in similar circumstances will receive equitable treatment throughout the state.
Ala. Code § 38-9G-1 — Alabama Code / Title 38 / Chapter 9G / Section 38-9G-1
Section 38-9G-1 Short Title; Definitions
Status: in_force

(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 38-9-2.

(3) ELDER ABUSE. The same meaning as in Section 38-9F-3.

(4) ELDERLY PERSON. An individual 60 years of age or older.

(5) EMOTIONAL ABUSE. The intentional or reckless infliction of emotional or mental anguish, or the use of a physical or chemical restraint, medication, or isolation as punishment or as a substitute for treatment or care of any elderly person or adult in need of protective services.

(6) EMPLOYEE. An individual who is either:

a. Hired directly or through a contract by a service provider who has duties that involve, or may involve, one-on-one contact with a patient, resident, or client.

b. A volunteer who has duties that involve, or may involve, one-on-one contact with a patient, resident, or client.

(7) EXPLOITATION. The same meaning as in Section 38-9-2.

(8) FINANCIAL EXPLOITATION. Any of the following:

a. The wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an elderly person or an adult in need of protective services.

b. The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly person’s money, assets, or property or the money, assets, or property of an adult in need of protective services with the intent to deprive that individual of his or her money, assets, or property.

c. The breach of a fiduciary duty to an elderly person or an adult in need of protective services under a power of attorney or through a conservatorship or guardianship which results in an unauthorized appropriation, sale, or transfer of the individual’s money, assets, or property.

(9) INTIMIDATION. A threat of physical or emotional harm to an elderly person or an adult in need of protective services, or the communication to an elderly person or adult in need of protective services that he or she will be deprived of food and nutrition, shelter, property, prescribed medication, or medical care or treatment.

(10) NEGLECT. The same meaning as in Section 38-9-2.

(11) SERVICE PROVIDER. Any of the following:

a. Assisted living communities or centers.

b. Specialty care assisted living communities or centers.

c. Home health agencies.

d. Hospice programs or residential hospice facilities.

e. Hospitals.

f. Long-term care facilities.

g. Skilled nursing facilities.

h. Rehabilitation facilities.

i. Group homes, other residential facilities, and community-based services serving adults in need of protective services, as designated by rules adopted by the Department of Human Resources, the Department of Mental Health, and the Alabama Department of Public Health.

j. Foster homes that serve elderly persons or adults in need of protective services.

(12) SEXUAL ABUSE. The same meaning as in Section 38-9-2.

(13) UNDUE INFLUENCE. Domination, coercion, manipulation, or any other act exercised by another individual to the extent that an elderly person or adult in need of protective services is prevented from exercising free judgment and choice.
Ala. Code § 38-10-7 — Alabama Code / Title 38 / Chapter 10 / Section 38-10-7
Section 38-10-7 Institution of Actions for Enforcement of Child Support Obligations, Etc
Status: in_force

(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 providing services for the department, may take appropriate action under this article, or any other appropriate state and federal statutes, to assure that the responsible person or persons owing the obligation of support provide support, including, but not limited to, civil or criminal actions to determine parentage or to establish, modify, or enforce support obligations. All actions to determine parentage or to establish, modify, or enforce support obligations may be brought in either the juvenile court or district court or the circuit court or appropriate federal court, and all presently existing statutes are hereby amended to provide that the juvenile courts and district courts and the circuit courts shall have the concurrent jurisdiction of actions involving parentage, desertion, nonsupport, or support.

(b) The court making the determination of parentage, or establishing, modifying, or enforcing support, unless otherwise provided by law, shall retain jurisdiction to enforce or modify prior orders of the court.
Ala. Code § 38-12A-2 — Alabama Code / Title 38 / Chapter 12A / Section 38-12A-2
Section 38-12A-2 Enumeration of Rights
Status: in_force

The Department of Human Resources shall ensure that each foster parent shall have all of the following rights:

(1) The right to be treated with dignity, respect, trust, value, and consideration as a primary provider of foster care and a member of the professional team caring for foster children.

(2) The right to receive information concerning the rights enumerated in this section.

(3) The right to a concise written explanation of their role as foster parents in partnership with children and their families, the department, and other providers, the role of the department, and the rights and role of the members of the birth family of a child in foster care.

(4) The right to training and support for the purpose of improving skills in providing daily care and meeting the needs of the child in foster care.

(5) The right to training, consultation, and assistance in evaluating, identifying, and accessing services to meet their needs related to their role as foster care providers. This includes, but is not limited to, all foster care polices, the Foster Parent Handbook, Foster Family Homes Minimum Standards, the Therapeutic Foster Care Manual, and a mediation process.

(6) The right to provide input to the department in identifying the types of resources and services that would meet the needs of children currently in their care and of their families, and advocate for the same without threat of reprisal.

(7) The right to information concerning behavioral problems, health history, educational status, cultural and family background, and other issues relative to the child which are known to the department at the time the child is placed in foster care prior to the child’s placement with a foster parent or parents. When the department knows such information after placement, the department shall make that information available to the foster parent as soon as practicable.

(8) The right to a written explanation of the plan concerning the placement of a child in the foster parent’s home. For emergency placements where time does not allow prior preparation of the explanation, the department shall provide such explanation within 72 hours. Prior to placement, the department shall allow the foster parent to review a written summary of information concerning the child, including, but not limited to, assessments, evaluations, and case plans, and allow the foster parent to assist in determining if the child would be a proper placement for the prospective foster family. For emergency placements where time does not allow prior review of the information, the department shall provide the information within 72 hours of placement. Confidential information shall be kept confidential by the foster parents, except as determined through the individualized service plan (ISP) process to promote the health and welfare of the child.

(9) The right to a staff person representing the department on call 24 hours a day, seven days a week, for the purpose of aiding the foster parent in receiving departmental assistance.

(10) The right to fair and equitable board payments based on a system of daily board rates and other financial reimbursement as specified in a plan adopted by the department after consultation with foster parents, subject to the availability of funds.

(11) The right to accept or refuse placement within their home, or to request, upon reasonable notice to the department, the removal of a child from their home for good cause without threat of reprisal for acting on such good cause.

(12) The right to information of scheduled meetings and appointments concerning the foster child and permission for the foster parent to actively participate in and provide input to be used by the ISP team in the case planning and decision-making process regarding the child in foster care, including, but not limited to, individual service planning meetings, foster care reviews, individual educational planning meetings, and medical appointments.

(13) The right to request that a person or persons serve as a volunteer advocate and to be present at all meetings with the department, including, but not limited to, individualized service planning, administrative hearings, the grievance/mediation process, the adoption process, and the allegation process where the foster parent is present. All communications received by the volunteer advocate shall be in strict confidence.

(14) The right to notice and an opportunity to be heard, including timely information concerning all court hearings. This notification may include, but is not limited to, notice of the date and time of the court hearing, the name of the judge or hearing officer assigned to the case, the guardian ad litem, the location of the hearing, and the court docket number. The notification shall be made upon receipt of this information by the department. Although not a party to the case, the foster parent may attend court hearings at the discretion of the judge.

(15) The right to communication with professionals who work with the foster child, including, but not limited to, therapists, physicians, and teachers who work directly with the child.

(16) The right to communicate with the child’s birth family, other foster parents of the child, and prospective and finalized adoptive parents of the child with ISP team approval and without the threat of reprisal.

(17) The right to necessary information on an ongoing basis which is relevant to the care of the child, including timely information on changes in the case plan or termination of the placement and reasons for the changes or termination of placement to the foster parent, except in the instances of immediate response of child protective service.

(18) The right to first consideration as the resource for a child in a foster parent’s home who becomes free for adoption or another planned permanent living arrangement.

(19) The right to a period of respite upon the request of a foster parent. The foster parent shall provide reasonable notice of a request for respite.

(20) The right to information, in person and in writing, of any allegations of maltreatment of children in the home of the foster parent alleged to have been perpetrated by a member of the foster parent’s household, the process for disposition of these allegations, and any review process for reports of indicated child abuse and neglect upon receipt of the allegations. A written notification of any report in which a finding is not indicated on the county level shall be provided to a foster parent within five days of the findings.

(21) The right to copies of all information relative to their family and services contained in the personal foster home record.

(22) The right to mediation procedures that may be developed and adopted by the department and the Alabama Foster and Adoptive Parent Association Board. The foster parent may request mediation in accordance with any mediation policy adopted by the department and the Alabama Foster and Adoptive Parent Association Board without threat of reprisal.

(23) The right to appeal the closing of a foster family home by the department in accordance with any appeal procedure adopted by the department and the Alabama Foster and Adoptive Parent Association Board without threat of reprisal.
Ala. Code § 38-3-2 — Alabama Code / Title 38 / Chapter 3 / Section 38-3-2
Section 38-3-2 Duties
Status: in_force

(a) It shall be the duty of the members of the advisory board to meet within 30 days after their appointment, and to elect a chair and other officers from among themselves, who shall serve for a period of two years. Thereafter, the board shall elect a new chair every two years.

(b) It shall be the duty of the board to do all of the following:

(1) Collect facts and statistics and make special studies of conditions and problems pertaining to the employment, health, financial status, recreation, social adjustment, or other conditions affecting the welfare of the aging people in this state.

(2) Keep abreast of the latest developments in this field of activity throughout the nation, and to interpret its findings to the commissioner.

(3) Provide for a mutual exchange of ideas and information on national, state, and local levels.

(4) Give a report of its advisory activities to the Legislature, and make recommendations for needed improvements and additional resources to promote the welfare of the aging in this state.

(5) Serve as an advisory body to the commissioner.
Ala. Code § 38-9B-7 — Alabama Code / Title 38 / Chapter 9B / Section 38-9B-7
Section 38-9B-7 Trustee Liability
Status: in_force

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, or by any other person, except through actual fraud or willful misconduct on the part of such trustee or co-trustee.
Ala. Code § 38-10-5 — Alabama Code / Title 38 / Chapter 10 / Section 38-10-5
Section 38-10-5 Form and Effect of Assignment of Child Support Payments to Department
Status: in_force

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 recipient may have in his own behalf or in behalf of any other family member for whom the recipient is receiving aid, which accrued at the time such assignment is executed, which continue to accrue until said recipient family ceases to receive aid and which may have effect as provided by the Social Security Act and amendments thereto. Such assignment to the department of the rights to any support owed up to the amount of aid paid by the department to the recipient shall conform with the requirements of the Social Security Act and amendments thereto. Such assignment shall make the department assignee of and to the right of such child or recipient or the person having custody to collect and receive all support payments and to initiate any support action existing now or in the future under the laws of Alabama and for the purpose of conforming and complying with the provisions of the Social Security Act and amendments thereto. An assignment made in accordance with the provisions of this article by a parent or other person of any age shall be binding as if such parent or other person were over the age of 19 years.
Ala. Code § 38-9B-6 — Alabama Code / Title 38 / Chapter 9B / Section 38-9B-6
Section 38-9B-6 Rights and Interests of Life Beneficiaries and Contributors
Status: in_force

(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 income or principal be or any interest of any life beneficiary thereunder be liable for any debt incurred by the life beneficiary, nor shall the principal or income of the AFT Trust Fund be subject to seizure by any creditor of any life beneficiary under any writ or proceeding in law or in equity.

(b) Except for the right of a contributor who is not and whose spouse is not a life beneficiary to revoke any contribution made to the AFT Trust, pursuant to subdivision (5) of subsection (c) of Section 38-9B-5, neither the settlor, contributor, nor any acting co-trustee has the right to sell, assign, convey, alienate, or otherwise encumber, for consideration or otherwise, any interest in the income or the principal of the AFT Trust, nor shall the income or the principal or any interest of any life beneficiary thereunder be liable for any debt incurred by the settlor, contributor, or any acting co-trustee, nor shall the principal or income of the AFT Trust be subject to seizure by any creditor of any settlor, contributor, or any acting co-trustee under any writ or proceeding in law or in equity.
Ala. Code § 38-10-31 — Alabama Code / Title 38 / Chapter 10 / Section 38-10-31
Section 38-10-31 Assignment to Department of Right to Support Owed to Child in Custody of Department or Receiving Maintenance Payments
Status: in_force

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 Social Security Act, the department shall by operation of law be assigned the right to any support owed to or for such child. The assignment:

(1) shall be effective as to both current and accrued support obligations; and

(2) shall terminate when the department is no longer providing foster care, except with respect to the amount of any unpaid support obligation accrued under the assignment.
Ala. Code § 38-14-7 — Alabama Code / Title 38 / Chapter 14 / Section 38-14-7
Section 38-14-7 Exclusion from Gross Income
Status: in_force

Money deposited into individual development accounts shall not be included in gross income for income tax purposes. Any amount withdrawn from a parallel account, matching funds, may not be includable in an eligible individual’s gross income. Money withdrawn from an individual development account shall only be included in gross income if used for a purpose other than a qualified purpose.
Ala. Code § 38-12B-7 — Alabama Code / Title 38 / Chapter 12B / Section 38-12B-7
Section 38-12B-7 Reductions to Awards
Status: in_force

A scholarship awarded pursuant to this chapter may not be reduced by the amount of any federal aid, scholarship funds, or grant funds otherwise received by the person or by the amount of any private donations made to assist the Fostering Hope program.
Ala. Code § 38-12-35 — Alabama Code / Title 38 / Chapter 12 / Section 38-12-35
Section 38-12-35 Subsidies - Amount
Status: in_force

The amount of a kinship guardianship subsidy shall be determined according to this section and as provided by rules of the department. The subsidy may be paid monthly and the monthly amount may not exceed the monthly foster care maintenance board payment for the child if the child were to remain in the care or custody of the department, without regard to the sources of the funds. No foster care maintenance board payment and kinship subsidy payment shall be paid for the same child for the same period of time. The kinship guardianship subsidy may only be provided for an eligible child. Subject to rules adopted by the department, the subsidy may include up to the federally established amount for nonrecurring expenses, including attorney’s fees, incurred by the kinship guardian or successor guardian to complete the kinship guardianship or successor guardianship in court. Subsidy payments are subject to the availability of funds and the allocation of funding by the department.
Ala. Code § 38-9E-8 — Alabama Code / Title 38 / Chapter 9E / Section 38-9E-8
Section 38-9E-8 Financial Exploitation of an Elderly Person - Third Degree
Status: in_force

Transferred to §13A-6-197 by Act 2014-346, §1(1)(7) effective April 9, 2014.
Ala. Code § 38-3-22 — Alabama Code / Title 38 / Chapter 3 / Section 38-3-22
Section 38-3-22 Election of Members
Status: in_force

(a) No more than 10 new members in any calendar year shall be elected by the existing members of the Senior Citizens Hall of Fame. A majority vote of the existing members present shall be necessary to elect a new member, and new members shall be chosen in order of the highest number of votes received.

(b) Nominations for new members shall be made by the existing members and in writing by citizens of the state.
Ala. Code § 38-9A-7 — Alabama Code / Title 38 / Chapter 9A / Section 38-9A-7
Section 38-9A-7 Nothing in Chapter to Restrict Other Chapters
Status: in_force

(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 § 38-6-9 — Alabama Code / Title 38 / Chapter 6 / Section 38-6-9
Section 38-6-9 Suspension of Provisions Conflicting with Amendments to Social Security Act
Status: in_force

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 its operation until amendment thereof can be given consideration by the next legislative session.
Ala. Code § 38-9E-9 — Alabama Code / Title 38 / Chapter 9E / Section 38-9E-9
Section 38-9E-9 Financial Exploitation of an Elderly Person - Prosecution
Status: in_force

Transferred to §13A-6-198 by Act 2014-346, §1(1)(7) effective April 9, 2014.
Ala. Code § 38-9F-5 — Alabama Code / Title 38 / Chapter 9F / Section 38-9F-5
Section 38-9F-5 Relief; Remedies; Full Faith and Credit
Status: in_force

(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 actions that may be initiated by the victim in any other forum.

(c) Any elder abuse protection order issued in this state shall be effective and enforceable in every county and jurisdiction in this state.

(d) An order issued by a court of another state, tribal nation, or territory that provides the relief or protection similar to an elder abuse protection order under this chapter shall be accorded full faith and credit and enforced as if it were an order of this state.
Ala. Code § 38-12-31 — Alabama Code / Title 38 / Chapter 12 / Section 38-12-31
Section 38-12-31 Legislative Findings
Status: in_force

The Legislature finds and declares the following:

(1) There exists in this state a number of children who cannot reside with their parents, legal guardians, or legal custodians because of such parents’, legal guardians’, or custodians’ incapacity or inability to perform the regular and expected functions of care and support of the children and family care and who thereby come to the attention of juvenile court and into the care and custody of the Department of Human Resources.

(2) An increasing number of relatives, including grandparents, find themselves wanting to provide care to related foster children on a long-term basis to prevent the children from remaining in foster care with unrelated caregivers yet these relatives are either unable or unwilling to seek termination of the legal relationships between the parent and the child, particularly when it is the caregiver’s own child or sibling who is the parent.

(3) It is in the public interest to support legal guardianship assistance that addresses the needs of the children and caregivers in long-term kinship relationships by providing financial assistance to help relatives bear the long-term costs of child care and support for children outside the foster care system.

(4) It is in the public interest to create a new type of legal guardianship that addresses the needs of children in the legal custody of the Department of Human Resources and to establish long-term legal relationships with relatives and place children out of the foster care system.

(5) The purposes of kinship guardianships include the following:

a. Establish procedures to effect a legal relationship between a child in the legal custody of the Department of Human Resources and a kinship guardian when the child is not residing with either parent, a legal guardian, or a legal custodian and to terminate legal custody with the department.

b. Provide a child in the legal custody of the Department of Human Resources with a stable and consistent long-term relationship with a kinship guardian that will enable the child to develop physically, mentally, and emotionally to the maximum extent possible when the parents, legal guardians, or legal custodians of the child are not willing or able to do so.

c. Establish a permanent placement alternative to a child remaining in the legal custody of the Department of Human Resources under juvenile court supervision in situations where the child cannot be reunited with the parent, legal guardian, or legal custodian, and other persons are not interested in pursuing adoption.

d. Establish a new legal relationship which is permanent during the minority of the child and not subject to modification or revocation merely for a material change in circumstances which has occurred since the order granting the kinship guardianship was entered, but also that the change would materially promote the child’s best interest and welfare, and that the positive good brought about by the change would more than offset the inherently disruptive effect caused by uprooting the child.

e. Establish a kinship guardianship subsidy program to help kinship guardians bear the cost of providing care for their relatives’ children outside the foster care system with available federal funds and funds made available from other sources.
Ala. Code § 38-9F-4 — Alabama Code / Title 38 / Chapter 9F / Section 38-9F-4
Section 38-9F-4 Issuance of Elder Abuse Protection Orders
Status: in_force

(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 from the presiding circuit court judge.

(4) A judge of probate designated by a written standing order from the presiding circuit court judge, where the judge of probate is a member in good standing with the Alabama State Bar.

(b) An elder abuse protection order may be requested in any pending civil or domestic relations action, as an independent civil action, or in connection with the preliminary, final, or post-judgment relief in a civil action.

(c) A petition for an elder abuse protection order may be filed in any of the following locations:

(1) Where the plaintiff or defendant resides.

(2) Where the plaintiff is temporarily located if he or she has left his or her residence to avoid further abuse.

(3) Where the abuse occurred.

(d) There is no minimum period of residence for the plaintiff in the State of Alabama or in the county in which a case is filed.

(e) An elder abuse protection order shall be a status order that is specifically designed to protect the elderly person, and in personam jurisdiction over the defendant shall not be required in order to issue an ex parte or final order under this chapter.
Ala. Code § 38-15-8 — Alabama Code / Title 38 / Chapter 15 / Section 38-15-8
Section 38-15-8 Rulemaking Authority; Authority of Department to Act in Loco Parentis; Registration Approval Required; Performance of Services in Accordance with Religious Beliefs
Status: in_force

(a) On or before January 1, 2018, the department shall adopt rules to implement this chapter, in consultation with interested parties, including representatives of any institution with any combination of organizational characteristics defined by this section, former residents of long-term youth residential facilities, advocates for youth, and private concerned parties. Until rules are adopted by the department and become effective any existing child or youth residential organization, facility, institution, boarding school, or program operating in this state shall be governed by the rules applicable to residential care facilities regulated by the Department of Human Resources pursuant to published minimum standards for residential child care facilities. Any institution, facility, or program subject to this chapter, operating prior to January 1, 2018, shall comply with the department’s registration requirements on or before July 1, 2017.

(b) The department may adopt emergency rules to implement this section.

(c) The department shall have the authority to act in loco parentis for any child covered under this section in need of immediate health, welfare, protective, or other critical services until that child’s parent or guardian can be contacted and is able to make those decisions in the interest of the child.

(d) No religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated youth residential facility, youth social rehabilitation facility, community treatment facility for youths, youth transitional care facility, long term youth residential facility, private alternative boarding school, private alternative outdoor program, and any organization entrusted with the residential care of children in any organizational form or combination defined by this section may operate in this state without a current registration approval from the department.

(e) Nothing in this section shall prohibit a religious, faith-based, or church nonprofit, other nonprofit, or for profit residential, rehabilitation, community treatment, transitional care facility, or private alternative boarding school or outdoor program that utilizes religious, prayer, or spiritual means as the basis for its program or services from providing those services in accordance with its religious beliefs. Any such facility or program shall include in its advertising that it bases its services or treatment on religious principles. Such facility or program shall provide to any applicant a detailed explanation of its faith-based programs. Such facility or program may require participants to participate in these programs, notwithstanding any other provision of this chapter. This chapter shall not give the department the authority to regulate or prohibit religious-based treatment; provided, however, the treatment shall not be used to violate or circumvent any of the other requirements of this chapter related to the physical safety and condition of any child or the condition of the facility.

(f) Nothing in this section shall prohibit a religious, faith-based, or church nonprofit, other nonprofit, or for profit residential, rehabilitation, community treatment, or transitional care facility, or a private alternative boarding school, or outdoor program that utilizes religious, prayer, or spiritual means as the basis for its services from providing those services in accordance with its religious beliefs.

(g) Nothing in this section shall give the department the authority to regulate or prohibit religious-based treatment or services, provided that, the treatment or services are not in violation of any requirements of this section as it relates to the safety and welfare of children.

(h) Nothing in this section shall be construed or interpreted to authorize any state agency to license or regulate a non-residential private, nonpublic, church or nonprofit school offering instruction in grades K-12, or any combination thereof, that houses or contains children or youth for a period of less than 24 hours.
Ala. Code § 38-12-36 — Alabama Code / Title 38 / Chapter 12 / Section 38-12-36
Section 38-12-36 Subsidies - Duration
Status: in_force

Provided that federal funding is available, the kinship guardianship subsidy shall continue until the following occur:

(1) The child who is being cared for by the kinship guardian or successor guardian reaches age 18 years, or age 21 if the child has attained age 16 before the kinship subsidy agreement became effective, and the child is:

a. Completing secondary education or a program leading to an equivalent credential.

b. Enrolled in an institution which provides postsecondary or vocational education.

c. Participating in a program or activity designed to promote, or remove barriers to, employment.

d. Employed for at least 80 hours per month.

e. Incapable of doing any of the activities described in paragraphs a. through d. due to a medical condition, which incapability is supported by regularly updated information in the case plan of the child, if applicable.

(2) The kinship guardian or successor guardian is no longer legally responsible for support of the child.

(3) The kinship guardian or successor guardian is no longer providing support to the child under the care of the kinship guardian or successor guardian, at which time the kinship guardianship subsidy ceases.
Ala. Code § 38-12B-8 — Alabama Code / Title 38 / Chapter 12B / Section 38-12B-8
Section 38-12B-8 Priority of Funding
Status: in_force

Fostering Hope scholarship funds shall be applied to tuition and mandatory fees before any other grant, loan, voucher, or scholarship the student may be awarded to attend a public two-year or four-year institution of higher education in the state or publicly funded state training program.
Ala. Code § 38-12-3 — Alabama Code / Title 38 / Chapter 12 / Section 38-12-3
Section 38-12-3 Investigation of Prospective Kinship Foster Parent
Status: in_force

(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) The Alabama Bureau of Investigation shall conduct the investigation and shall make the results of the investigation available to the department in accordance with this section. The department shall maintain the confidentiality of the investigation results and shall use the results only for purposes of determining a person’s eligibility to become a kinship foster parent.

(c) It is unlawful, except for the purpose of determining a person’s eligibility for kinship foster care, for any person to disclose information obtained under this section. Any person violating this section commits a Class A misdemeanor.
Ala. Code § 38-3-7 — Alabama Code / Title 38 / Chapter 3 / Section 38-3-7
Section 38-3-7 Continuation, Transition, Implementation
Status: in_force

(a) All rights, duties, property, real or personal, and all other effects existing in names of the Commission on the Aging, or in any other name by which the agency has been known, shall continue in the name of the Department of Senior Services. Any existing or future reference to the Commission on the Aging, or any other name by which the agency has been known, in any existing law, contract, or other instrument shall constitute a reference to the Department of Senior Services of the State of Alabama.

(b) The Commission on the Aging shall continue in existence as an advisory board of directors to the Department of Senior Services.

(c) A reasonable transition period for the name change shall be allowed to permit an orderly and cost-effective transition relating particularly to the use of equipment and supplies. All letterhead, business cards, forms, and any other materials in use by the commission containing the name Commission on the Aging shall continue to be used by the Department of Senior Services until the supplies are exhausted. Replacement supplies shall contain the name of the Department of Senior Services.

(d) The Code Commissioner, pursuant to Section 29-7-8, at times determined appropriate, shall implement this statutory name change in applicable sections of the Code of Alabama 1975.
Ala. Code § 38-14-6 — Alabama Code / Title 38 / Chapter 14 / Section 38-14-6
Section 38-14-6 Source of Deposits; Limitations on Deposits
Status: in_force

(a) Deposits to individual development accounts made by the account owner shall come from earned income, including, but not limited to, wages, earned income tax credit returns, child support payments, supplemental security income (SSI), disability benefits, community service under TANF, AmeriCorps stipends, VISTA stipends, and job training programs.

(b) Eligible individuals shall certify that their deposits do not exceed their income. A cap on deposits made by the account owner is set at two thousand dollars ($2,000).
Ala. Code § 38-7-1 — Alabama Code / Title 38 / Chapter 7 / Section 38-7-1
Section 38-7-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Child Care Act of 1971.
Ala. Code § 38-9C-3 — Alabama Code / Title 38 / Chapter 9C / Section 38-9C-3
Section 38-9C-3 Definitions
Status: in_force

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 impairments.

b. Is manifested before the individual attains age 22 except in cases of traumatic brain injury when age is not a variable.

c. Is likely to continue indefinitely.

d. Results in substantial functional limitations in three or more of the following areas of major life activities:

1. Self-care.

2. Receptive and expressive language.

3. Learning.

4. Mobility.

5. Self-direction.

6. Capacity for independent living.

7. Gainful employment.

(2) TRAUMATIC BRAIN INJURY. An injury to the brain, not of degenerative or congenital nature but caused by an external physical force, that may produce a diminished or altered state of consciousness, which results in impairment of cognitive abilities or physical functioning.

(3) PROVIDER. Any agency, corporation, or individual who provides services to persons with developmental disabilities and/or traumatic brain injury, provided, that this chapter shall only apply to physicians licensed to practice medicine to the extent that medical services to individuals covered by the chapter must be provided in accordance with established standards of medical care.
Ala. Code § 38-9B-2 — Alabama Code / Title 38 / Chapter 9B / Section 38-9B-2
Section 38-9B-2 Definitions
Status: in_force

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 exempt charitable entity under the United States Internal Revenue Code, to provide benefits for any individual who does not have a sufficient amount in his or her AFT Trust to meet the individual’s needs.

(2) ALABAMA FAMILY TRUST (AFT TRUST). The Alabama Family Trust established pursuant to this chapter.

(3) ALABAMA FAMILY TRUST CORPORATION (AFT CORPORATION). An Alabama not-for-profit corporation established by the board of trustees pursuant to this chapter that qualifies as a tax exempt charitable organization under the United States Internal Revenue Code.

(4) BOARD OF TRUSTEES. The Alabama Family Trust Board of Trustees established pursuant to this chapter.

(5) COMMISSIONER. The Commissioner of the Alabama Department of Mental Health.

(6) CONTRIBUTION. The balance of all amounts placed in a particular account but not including any appreciation in value of investments or accretions thereto resulting from any source, such as dividends, interest, and capital gains. In no event shall contribution mean more than the total of all contributions made to a particular account.

(7) CONTRIBUTOR. Any person who makes a donation directly to the AFT Corporation or the AFT Charitable Trust.

(8) CO-TRUSTEE. Any person named by the settlor to work with the trustee in providing benefits to a life beneficiary, except neither a contributor nor a contributor’s spouse shall be the co-trustee if the contributor or the contributor’s spouse is the life beneficiary.

(9) DEPARTMENT. The Alabama Department of Mental Health.

(10) IMPAIRMENT. A mental or physical disability that substantially limits one or more major life activities, whether the impairment is congenital or acquired by accident, injury, age, or disease, and where the impairment is verified by medical findings that meet the medical-vocational requirements for a finding of disability under Section 223(d) of the Social Security Act, 42 U.S.C. Section 423(d), or under Section 1614 of the Social Security Act, 42 U.S.C. Section 1382c.

(11) LIFE BENEFICIARY. A beneficiary designated by a settlor.

(12) NET INCOME. The earnings received on investments less expenses and fees for administration.

(13) REQUESTING PARTY. The party requesting arbitration of a dispute regarding benefits to be provided by the AFT Trust.

(14) RESPONDING PARTY. The party not requesting arbitration of a dispute regarding benefits to be provided by the AFT Trust.

(15) SETTLOR. A person who establishes an AFT Trust account for a life beneficiary.

(16) SUCCESSOR LIFE BENEFICIARY. A successor life beneficiary designated by the settlor to the AFT Trust, who is a legal sibling of the life beneficiary and who otherwise qualifies as a life beneficiary under the conditions of this chapter.

(17) TRUSTEE. The Alabama Family Trust Corporation.
Ala. Code § 38-8-3 — Alabama Code / Title 38 / Chapter 8 / Section 38-8-3
Section 38-8-3 Other or Further Provisions by Counties
Status: in_force

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 through agencies and in such manner as may be approved by the State Department of Human Resources.
Ala. Code § 38-14-2 — Alabama Code / Title 38 / Chapter 14 / Section 38-14-2
Section 38-14-2 Establishment of Account
Status: in_force

A person who is eligible to become an individual development account owner may enter into an agreement developed with a fiduciary organization for the establishment of an individual development account. The agreement shall provide for the amount of the savings deposits, the match fund rate, the asset goal, and the financial literacy classes to be completed, any additional training specific to the asset, and financial counseling the individual will attend, as well as other services designed to increase the independence of the person through the achievement of the account’s approved purpose.
Ala. Code § 38-7A-1 — Alabama Code / Title 38 / Chapter 7A / Section 38-7A-1
Section 38-7A-1 Commission Established
Status: reserved

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 38-2-6.1 — Alabama Code / Title 38 / Chapter 2 / Section 38-2-6.1
Section 38-2-6.1 Office of State Parent Locator for the Location of Absent Parents Established; Duties; Assistance of Other Agencies, Etc.; Use of Information Obtained
Status: in_force

(a) As used in this section, the following words shall have the following meanings:

(1) ABSENT PARENT. The parent of a minor child who owes a financial ligation for the support of the minor child or a putative parent against whom a complaint has been filed.

(2) OFFICE. The state parent locator in the Department of Human Resources for the location of absent parents, hereinafter created.

(b) The Office of State Parent Locator for the Location of Absent Parents is hereby established, and shall perform the following duties:

(1) Assist any governmental agency or department in locating an absent parent.

(2) Coordinate any activity on a state level in a search for an absent parent.

(3) Obtain and disseminate, as hereinafter provided, any information which directly relates to the identity or location of an absent parent.

(4) Develop guidelines for coordinating activities of any governmental department, board, commission, bureau, or agency in providing information necessary for the location of absent parents, and otherwise implementing the provisions of this section.

(c) Upon request of the office, any governmental department, board, commission, bureau, or agency in this state shall provide any information which shall assist in implementing the provisions of this section.

(d) The information which is obtained by the office shall only be available to a governmental department, board, commission, bureau, agency, or political subdivision of any state for the purposes of locating an absent parent for enforcing their liability of support.
Ala. Code § 38-10-3 — Alabama Code / Title 38 / Chapter 10 / Section 38-10-3
Section 38-10-3 Authorization of Operation of Child Support Programs by Department of Human Resources Generally; Designation of the Department as the Agency to Administer Income Withholding
Status: in_force

(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 limited to, locating absent parents, establishing paternity, establishing or modifying support orders, enforcing support obligations and related matters, as described or defined by the Social Security Act and amendments thereto.

(b) As a part of the operation of the support programs established under subsection (a) hereof the Department of Human Resources of the State of Alabama shall administer income withholding in accordance with procedures which it shall establish for keeping adequate records to document, track, and monitor support payments collected pursuant to Title IV-D of the Social Security Act.

The department may designate and/or contract with public or private entities to administer income withholding on a state or local basis under the supervision of the department provided such entities are publicly accountable and follow the procedures established by the department for keeping adequate records. The department may designate and/or contract with only one entity to administer income withholding in each county of the state.
Ala. Code § 38-9B-3 — Alabama Code / Title 38 / Chapter 9B / Section 38-9B-3
Section 38-9B-3 Contributors Allowed to Supplement Care of Impaired Persons; Assets of Trustees
Status: in_force

(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 any way reduce, impair, or diminish the benefits to which a person is otherwise entitled by law. The establishment and administration of the AFT Trust shall not be taken into consideration in appropriations for the department or the Alabama Medicaid Agency to render services required by law.

(b) The assets held by the trustee and assets held in the AFT Trust and the AFT Charitable Trust pursuant to this chapter shall not be considered state money, assets of the state, or revenue for any purpose of the Constitution of Alabama of 1901, or statute or any other state’s constitution or statute. The assets held by the trustee and its income and operations shall be exempt from all state and local taxation.
Ala. Code § 38-13-3 — Alabama Code / Title 38 / Chapter 13 / Section 38-13-3
Section 38-13-3 Criminal History Background Information Check Required for Certain Individuals; Exemptions
Status: in_force

(a) On November 1, 2000, every employer, child care facility, adult care facility, the Department of Human Resources, and child placing agency shall request the Alabama State Law Enforcement Agency to conduct a criminal history background information check for the following:

(1) An employment applicant, employee or volunteer of an employer, child care facility, adult care facility, or child placing agency.

(2) A current foster parent for a child or adult or adult household member of a foster family or applicant and an adult household member of a foster family seeking approval to operate as a foster parent or foster family home for a child placing agency or the Department of Human Resources. Unless otherwise provided in this chapter, no criminal history background information check shall be conducted on a current foster parent or household member of a foster family if a Federal Bureau of Investigation and Alabama State Law Enforcement Agency criminal history background information check has already been conducted under other law that meets the suitability criteria as provided in this chapter. Subsequent arrests or convictions of foster parents, or arrests or convictions entered into the automated system subsequent to the initial report, shall be sent by the Alabama State Law Enforcement Agency to the Department of Human Resources as provided in this chapter.

(3) An applicant or employee, with the exception of those individuals on employed status on November 1, 2000, in a position in the Department of Human Resources which requires unsupervised access to children, the elderly, or individuals with disabilities as one of the essential functions of the job. All current employees of the Department of Human Resources shall be subjected to a criminal history background information check upon reasonable suspicion. Criminal history background information checks shall be required for prospective and current personnel under contract with the Department of Human Resources or working with another entity under contract with the Department of Human Resources, students, mentors, and volunteers in positions requiring unsupervised access to children, the elderly, or persons with disabilities as one of the essential functions of the job. The Department of Human Resources shall pay any fees related to checks required pursuant to this subdivision.

(4) A current licensee or applicant for a license through the Department of Human Resources to operate a child care or adult care facility.

(5) An adoptive parent applicant for a child adoptive placement through the Department of Human Resources or child placing agency and any Department of Human Resources or child placing agency approved adoptive parent prior to entry of a final decree of adoption. Unless otherwise provided in this chapter, no criminal history background information check shall be conducted on a current adoptive parent or household member of an adoptive family if a Federal Bureau of Investigation and Alabama State Law Enforcement Agency criminal history background information check has already been conducted under other law that meets the suitability criteria as provided in this chapter. Subsequent arrests or convictions of adoptive parents, or arrests or convictions entered into the automated system subsequent to the initial report, shall be sent by the Alabama State Law Enforcement Agency to the Department of Human Resources as elsewhere provided in this chapter.

(b) An employer, child care facility, adult care facility, the Department of Human Resources, or a child placing agency may only request a criminal history background information check by its chief executive officer, or his or her designee authorized in writing and notarized, and law enforcement shall render assistance, including assistance in obtaining fingerprints required for submission of a request to the Alabama State Law Enforcement Agency.

(c) Every employee, volunteer or applicant, for employment or a volunteer position, licensee, Department of Human Resources adoptive parent applicant or approved adoptive parent, or applicant for a license to the Department of Human Resources to operate a child care or adult care facility shall submit two sets of fingerprints and sign a written consent to obtain the criminal history background information. Fingerprints shall not be required when a disability prevents a person from being fingerprinted. Disabilities preventing fingerprinting include the loss of both hands, severe scarring of all fingers, closed paralytic hands, and similar disabilities. In cases involving disability, a written consent to obtain available criminal history background information by name only shall be obtained. No one who fails or refuses to give written consent or submit fingerprints necessary to obtain criminal history background information may be employed, allowed to perform volunteer or other work, approved or issued a license, or allowed to retain a license or approval by the Department of Human Resources, an employer, child care facility, adult care facility, or child placing agency.

(d) Adult care facilities exempt from Department of Human Resources licensing shall not be required to comply with this chapter, but may voluntarily collect and forward two complete acceptable sets of fingerprints, the written consent, and nonrefundable fee from applicants to the Alabama State Law Enforcement Agency to request a criminal history background information check which shall be processed pursuant to this chapter. Licensed social workers conducting home studies may also request a criminal history background check which shall be processed pursuant to this chapter. The Department of Human Resources shall, prior to the disbursement of any subsidized child care funds, require all employees and applicants of legally operating child care facilities to submit verification of the application for a criminal history background check and the results thereof when obtained. Upon reasonable suspicion that the individual has a criminal conviction or has not had a criminal history background check conducted, the Department of Human Resources shall have the right to require employees of child care or adult care facilities to submit each application for a criminal history background check and the results thereof when obtained.
Ala. Code § 38-2-9 — Alabama Code / Title 38 / Chapter 2 / Section 38-2-9
Section 38-2-9 Appropriations by Counties and Municipalities; Expenditures to Be Approved by State Department
Status: in_force

The county commission in any county shall have the power and is hereby authorized to appropriate out of the public funds of the county such sum or sums of money, as it may deem wise to be expended by the county department for the relief of children under 18 years of age. Disbursements shall be made upon itemized statements approved by the county director. This shall not be interpreted so as to limit the power of the judge of the juvenile court to make orders for the care of children adjudged dependent, neglected or delinquent.

The county commission and the incorporated municipalities within the county may make joint appropriations for office space, the maintenance thereof and supplies.

The governing body in any county or any municipality shall have the power and authority to make other and further provision for the care of the poor and needy of the county or municipality. The disbursement of such funds as are made available for expenditure by the county departments must be approved by the State Department of Human Resources.
Ala. Code § 38-9E-1 — Alabama Code / Title 38 / Chapter 9E / Section 38-9E-1
Section 38-9E-1 Short Title
Status: in_force

Transferred to §13A-6-190 by Act 2014-346, §1(1)(7) effective April 9, 2014.
Ala. Code § 38-9G-4 — Alabama Code / Title 38 / Chapter 9G / Section 38-9G-4
Section 38-9G-4 Information to Be Entered into Registry; Rules for Due Process
Status: in_force

(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 offense or offenses for which the individual was convicted. If an elder abuse protection order against the individual has been issued, or if a protection from abuse order against the individual has been issued for the protection of an elderly person or an adult in need of protective services, the department shall enter information pertaining to why the order was issued and the age of the victim.

(b) If the individual whose information is entered on the registry was not convicted of a crime but was found by the department to have otherwise committed acts of abuse, elder abuse, emotional abuse, exploitation, financial exploitation, intimidation, neglect, sexual abuse, or undue influence against an elderly person or an adult in need of protective services, the department, in addition to entering the individual’s name and address on the registry, shall also enter information pertaining to the offense or offenses the individual was found by the department to have committed.

(c) The individual’s information, once entered on the registry, shall remain on the registry even if the individual fulfills the obligations of any criminal sentencing against that individual, except as provided in subsection (d).

(d) The Department of Human Resources shall, and the Department of Mental Health and the Alabama Department of Public Health may, adopt rules requiring due process that includes notice by certified mail or by personal service for individuals found to have committed acts of abuse, elder abuse, emotional abuse, exploitation, financial exploitation, intimidation, neglect, sexual abuse, or undue influence against an elderly person or an adult in need of protective services. The Department of Human Resources, by rule, shall provide a process by which the individual’s name and information may be removed from the Alabama Elder and Adult in Need of Protective Services Abuse Registry, and shall implement its rules providing for this process no later than January 1, 2023.
Ala. Code § 38-7B-1 — Alabama Code / Title 38 / Chapter 7B / Section 38-7B-1
Section 38-7B-1 Evacuation Plan
Status: in_force

(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 following:

(1) A designated relocation site and evacuation route.

(2) Procedures for notifying parents of the relocation and ensuring family reunification.

(3) Procedures to address the needs of individual children including children with special needs.

(4) Instructions relating to the training of staff or the reassignment of staff duties, as appropriate.

(5) Coordination with local emergency management officials.

(6) A program to ensure that appropriate staff are familiar with the components of the plan for evacuation.

(b) A licensed day care center shall update the plan for evacuation by December 31 of each year.

(c) A licensed day care center shall retain an updated copy of the plan for evacuation, provide an updated copy to appropriate local emergency management officials, and provide a copy to the parent, custodian, or guardian of each child at the time of the child’s enrollment in the day care center and when the plan is updated.
Ala. Code § 38-12-33 — Alabama Code / Title 38 / Chapter 12 / Section 38-12-33
Section 38-12-33 Kinship Guardianship Subsidy Program
Status: in_force

There is established in the department the Kinship Guardianship Subsidy Program. For the purposes of this article, the department is authorized to use funds that are appropriated for child welfare services and funds provided under the United States Social Security Act, Titles IV-B and IV-E, or under any waiver that the department receives pursuant to those titles, or out of any funds made available to it from other sources for the program.
Ala. Code § 38-10-51 — Alabama Code / Title 38 / Chapter 10 / Section 38-10-51
Section 38-10-51 Trust Fund Established
Status: in_force

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.
Ala. Code § 38-2-12 — Alabama Code / Title 38 / Chapter 2 / Section 38-2-12
Section 38-2-12 Authority of Commissioner to Destroy Certain Records, Etc
Status: in_force

(a) The Commissioner of the State Department of Human Resources shall have the authority to destroy or cause to be destroyed, in his discretion:

(1) RECORDS OF CERTAIN AGENCIES. - All records of the Alabama Relief Administration, the Alabama Transient Bureau and Surplus Commodity Distribution presently in the custody and under the control of the State Department of Human Resources.

(2) OBSOLETE COUNTY CASE RECORD MATERIAL. - Obsolete case record material in the custody of county departments, subject to the following conditions:

a. Case record material concerning old age pensions, aid to the blind, aid to the permanently and totally disabled, aid to dependent children and temporary aid shall be preserved for a period of at least five years from and after the date of the last contact with the county department by the subject of such material.

b. All fiscal audits for the period in which the cases covered by such case record material were receiving assistance or service shall have been completed; provided however, that nothing in this section shall prohibit the commissioner from exercising the authority to destroy case record material which has been photographically reproduced in accordance with Section 38-2-11.

(3) CANCELLED COUNTY CHECKS. - All cancelled checks issued by and filed in county departments from the inception of the public welfare program in 1935 to October 1, 1951; provided, that records showing the payments evidenced by such checks must be preserved in either the state department or the county department.

(4) CERTAIN FILES. - Statements contained in case record files made by recipients and their relatives as required by Act No. 694 of the 1951 Legislature of Alabama.

(5) RECORDS RELATING TO SURPLUS COMMODITIES. - Case record material concerning the distribution of surplus commodities received from the United States Department of Agriculture and related records and reports concerning the handling and distribution of such surplus commodities; provided that such case record material and records and reports shall be preserved for a period of at least three years from and after the close of the state fiscal year to which they pertain.

(b) In effecting the destruction of records permitted by this section, the commissioner shall establish reasonable rules and regulations insuring that the confidentiality of records shall be preserved during the process of destruction.
Ala. Code § 38-9-6.1 — Alabama Code / Title 38 / Chapter 9 / Section 38-9-6.1
Section 38-9-6.1 Removal of Action from Probate Court to Circuit Court
Status: in_force

(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, interested person, or party to an action under this chapter may remove the action from the probate court to the circuit court for the county in which the probate court is located by doing all of the following, which shall effect the removal:

(1) Filing in the circuit court a notice of removal together with a copy of all processes, pleadings, and orders filed in the probate court.

(2) Serving all parties to the action with a copy of the removal notice.

(3) Filing a copy of the removal notice with the clerk of the probate court.

(c) Upon completion of all of the requirements of subsection (b), jurisdiction shall immediately vest in the circuit court, and the probate court shall proceed no further.
Ala. Code § 38-7-7.1 — Alabama Code / Title 38 / Chapter 7 / Section 38-7-7.1
Section 38-7-7.1
Status: in_force

(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 26, as a condition for licensing under this chapter.

(b) The department shall incorporate a screen time policy that meets the requirements of Article 4, Chapter 24 of Title 26, in the department’s minimum standards for licensing and approving day care centers, day care homes, group day care homes, and night care facilities, as defined by this chapter, and monitor compliance with this section as the department deems necessary, provided that the department must:

(1) Review compliance during any inspection under Section 38-7-11;

(2) Require staff who supervise children to undergo training established pursuant to Section 26-24-64; and

(3) If a child-care facility listed in subsection (b) is not in compliance with this section, prioritize additional training through the Department of Early Childhood Education with the noncompliant staff members. If noncompliance continues, the department may adopt or enforce a corrective action plan.
Ala. Code § 38-9E-5 — Alabama Code / Title 38 / Chapter 9E / Section 38-9E-5
Section 38-9E-5 Elder Abuse and Neglect - Third Degree
Status: in_force

Transferred to §13A-6-194 by Act 2014-346, §1(1)(7) effective April 9, 2014.
Ala. Code § 38-12-34 — Alabama Code / Title 38 / Chapter 12 / Section 38-12-34
Section 38-12-34 Subsidies - Authorized; Eligibility
Status: in_force

(a) Subject to rules adopted to implement this article, the department may provide subsidies for an eligible child placed in kinship guardianship by a court, or by a federally recognized Native American Indian tribe, if the child would not be placed in a kinship guardianship without the assistance of the program.

(b) A child is an eligible child for a kinship guardianship subsidy if the department determines the following:

(1) The child has been removed from the custody of his or her parent or parents, legal guardian, or legal custodian as a result of a judicial determination to the effect that continuation in the custody of the parent or parents, legal guardian, or legal custodian would be contrary to the welfare of the child.

(2) The department is responsible for the placement and care of the child.

(3) Being returned home or being adopted are not appropriate permanent options for the child.

(4) Permanent placement with a kinship guardian is in the child’s best interests.

(5) The child demonstrates a strong attachment to the prospective kinship guardian and the kinship guardian has a strong commitment to caring permanently for the child.

(6) The child has received foster care maintenance payments while residing for at least six consecutive months in the home of the prospective kinship guardian.

(7) With respect to a child who has attained 14 years of age, the child has been consulted regarding the kinship guardianship.

(8) If required for federal funding participation, the kinship guardian is qualified pursuant to a means-based test and any other requirements.

(9) If required for federal funding participation, the necessary degree of relationship exists between the prospective kinship guardian and the child.
Ala. Code § 38-10-11 — Alabama Code / Title 38 / Chapter 10 / Section 38-10-11
Section 38-10-11 Construction of Provisions of Article
Status: in_force

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, provided in any other statute or available under common law. The procedures, actions and remedies provided in this article shall in no way be exclusive but shall be in addition to and not in substitution of other proceedings available in the courts of this state or any other state or in any appropriate federal court. It is intended that this article be construed and administered to the end that children shall be maintained from the resources of the responsible parents.
Ala. Code § 38-7A-2 — Alabama Code / Title 38 / Chapter 7A / Section 38-7A-2
Section 38-7A-2 Meetings; Expenses; Terms
Status: reserved

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 38-15-1 — Alabama Code / Title 38 / Chapter 15 / Section 38-15-1
Section 38-15-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Alabama Youth Residential Facility Abuse Prevention Act.
Ala. Code § 38-3-6 — Alabama Code / Title 38 / Chapter 3 / Section 38-3-6
Section 38-3-6 Authorization to Receive Gifts, Etc
Status: in_force

The commissioner may receive and hold gifts, devises, bequests of money, real estate, and other things of value to be used in the support and development of department work. Bequests of money shall be deposited into the Alabama Senior Services Trust Fund established and created as a separate fund in the State Treasury.
Ala. Code § 38-9-11 — Alabama Code / Title 38 / Chapter 9 / Section 38-9-11
Section 38-9-11 Exemption of Officers, Agents and Employees of Department from Civil Liability
Status: in_force

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.
Ala. Code § 38-12B-6 — Alabama Code / Title 38 / Chapter 12B / Section 38-12B-6
Section 38-12B-6 Eligibility; Disbursement of Funds
Status: in_force

(a) To be eligible to participate in the program, a scholarship applicant shall satisfy all of the following:

(1) Be in the legal custody of the foster care program of the department at the time of graduation from high school or earning a General Educational Development (GED) high school equivalency certification; or in the permanent legal custody of the foster care program of the department when his or her adoption is finalized, at 14 years of age or older, and has graduated from high school or earned a GED certification.

(2) Have net personal assets worth less than thirty thousand dollars ($30,000), subject to adjustment by the Commissioner of the Department of Human Resources to account for inflation.

(3) Is younger than 26 years of age at the start of the semester, training program, or certification program for which tuition or fees are requested from the program.

(4) Is accepted for enrollment in a degree-granting, training, or certification program, or is enrolled and working toward a degree, certificate, or completion of a job training program, at a public two-year or four-year institution of higher education or publicly funded training program in the state.

(5) Is making adequate progress toward the completion of a degree, certification, or training program as determined by rule promulgated by the department.

(6) Has completed and submitted to the United States Department of Education a Free Application for Federal Student Aid (FAFSA), or the equivalent, before each year in which he or she receives a Fostering Hope scholarship. He or she shall have applied for all federal student financial aid grants, including Pell grants, Supplemental Education Opportunity Grants, and Education and Training Vouchers, identified as being available for the student’s application by the department or by Federal Student Aid, an office of the United States Department of Education, or its successor agency.

(b) To be eligible to participate in the program after the first year of participation, an applicant shall also satisfy all of the following:

(1) Complete, after the first academic year in which he or she receives a Fostering Hope scholarship, annual volunteer service requirements or employment requirements pursuant to rules promulgated by the department.

(2) Remain in good standing with the policies established by the college, university, or other training or certification program in the state in which he or she is enrolled.

(c) Scholarship funds may be disbursed only if sufficient funding for the Fostering Hope program is available.
Ala. Code § 38-10-53 — Alabama Code / Title 38 / Chapter 10 / Section 38-10-53
Section 38-10-53 Rules and Regulations
Status: in_force

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.
Ala. Code § 38-1-2 — Alabama Code / Title 38 / Chapter 1 / Section 38-1-2
Section 38-1-2 Recipients’ Freedom of Choice in Selection of Specialists to Make Eye Examinations
Status: in_force

No program of public assistance for the visually handicapped operated in Alabama shall be administered in such a way or manner as to prevent the beneficiaries or recipients thereof from having complete freedom of choice in the selection of professional assistance in conducting any examination of the eyes that may be required as a condition precedent to participation in such program or the receipt of such public assistance; and there shall be no discrimination practiced in any such program as to the kinds of specialists who will be permitted to make such examinations. Examinations made by licensed optometrists, licensed ophthalmologists, and physicians skilled in the treatment of diseases of the eye shall be accepted, paid for and treated alike.

The provisions of this section may be enforced by injunction issued by a court of competent jurisdiction on complaint of any party aggrieved by a violation thereof.
Ala. Code § 38-14-10 — Alabama Code / Title 38 / Chapter 14 / Section 38-14-10
Section 38-14-10 Eligibility for Means-Tested Public Benefits
Status: in_force

(a) An account owner’s savings and matching funds shall not affect his or her eligibility for any means-tested public benefits, including, but not limited to, Medicaid, state children’s health insurance programs, TANF, Supplemental Nutrition Assistance Program, supplemental security income, or government-subsidized foster care and adoption payments, and child care or housing payments.

(b) Funds deposited in individual development accounts shall not be counted as income, assets, or resources of the account owner for the purpose of determining financial eligibility for assistance or service pursuant to any federal, federally assisted, state, or municipal program based on need.
Ala. Code § 38-9-7 — Alabama Code / Title 38 / Chapter 9 / Section 38-9-7
Section 38-9-7 Violations; Penalties
Status: in_force

(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 care facility shall be prima facie evidence that a person is a protected person. Charges of abuse, neglect, exploitation, or emotional abuse may be initiated upon complaints of private individuals, as a result of investigations by social service agencies, or on the direct initiative of law enforcement officials.

(b) Any person who intentionally abuses or neglects a person in violation of this chapter shall be guilty of a Class B felony if the intentional abuse or neglect causes serious physical injury.

(c) Any person who recklessly abuses or neglects a person in violation of this chapter shall be guilty of a Class C felony if the reckless abuse or neglect causes serious physical injury.

(d) Any person who intentionally abuses or neglects a person in violation of this chapter, shall be guilty of a Class C felony if the intentional abuse or neglect causes physical injury.

(e) Any person who recklessly abuses or neglects a person in violation of this chapter, shall be guilty of a Class A misdemeanor if the reckless abuse or neglect causes physical injury.

(f) Any person who emotionally abuses a person in violation of this chapter shall be guilty of a Class A misdemeanor.

(g) Any person who exploits a person in violation of this chapter shall be guilty of a Class C felony, where the value of the property, assets, or resources or illegal services provided to a protected person by an unlicensed hospital exceeds one hundred dollars ($100).

(h) Any person who exploits a person in violation of this chapter shall be guilty of a Class A misdemeanor, if the value of the property, assets, or resources or illegal services provided to a protected person by an unlicensed hospital does not exceed one hundred dollars ($100).

(i) If a violation of this section is also a violation of any other Alabama criminal statute, then a conviction or acquittal under either statute bars prosecution under the remaining statute.
Ala. Code § 38-6-1 — Alabama Code / Title 38 / Chapter 6 / Section 38-6-1
Section 38-6-1 Program of Medical Assistance to Elderly Not Receiving Pensions Authorized
Status: in_force

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 shall be responsible for the administration of the program but may contract with another state agency or private organization in connection with this program.
Ala. Code § 38-9F-8 — Alabama Code / Title 38 / Chapter 9F / Section 38-9F-8
Section 38-9F-8 Ex Parte Relief
Status: in_force

(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 an ex parte elder abuse protection order or modify an ex parte elder abuse protection order as it deems necessary.

(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue an elder abuse protection order or modify an elder abuse protection order after a hearing whether or not the defendant appears.

(b) Based upon a risk of imminent potential harm to the plaintiff, a court may grant one or more of the following ex parte forms of relief without prior notice to the defendant or a hearing:

(1) Enjoin the defendant from threatening to commit or committing acts of elder abuse against the plaintiff and any other individual designated by the court.

(2) Restrain and enjoin the defendant from harassing, stalking, annoying, telephoning, contacting, or otherwise communicating, either directly or indirectly, with the plaintiff or threatening or engaging in conduct that would place the plaintiff or any other individual designated by the court in reasonable fear of bodily injury.

(3) Order the defendant to stay away from the plaintiff’s residence, place of employment, or any specified place frequented by the plaintiff that the defendant has no legitimate reason to frequent.

(4) Remove and exclude the defendant from the residence of the plaintiff, regardless of ownership of the residence.

(5) Order possession and use of an automobile or other essential personal effects, regardless of ownership, and direct the appropriate law enforcement officer to accompany the plaintiff to the residence of the plaintiff or other specified locations as necessary to protect the plaintiff from abuse.

(6) Prohibit the defendant from transferring, concealing, encumbering, or otherwise disposing of specified property mutually owned or leased by the parties or in which the plaintiff had an ownership interest within the last 12 months.

(7) Prohibit the defendant from transferring the funds, benefits, property, resources, belongings, or assets of the plaintiff to any person other than the plaintiff.

(8) Direct the defendant to refrain from exercising control over the funds, benefits, property, resources, belongings, or assets of the plaintiff.

(9) Require the defendant to provide an accounting of the disposition of the plaintiff’s income and other resources, and of the plaintiff’s debts and expenses.

(10) Restrain the defendant from exercising any powers the defendant has been granted as the plaintiff’s agent under power of attorney.

(11) Require the defendant to comply with the instructions of the plaintiff’s guardian, conservator, or agent under power of attorney.

(12) Order other relief as it deems necessary to provide for the safety and welfare of the plaintiff and any individual designated by the court.

(c) The court may grant one or more of the following forms of relief in a final order after notice and hearing:

(1) Grant the relief available in subsection (b).

(2) Require the defendant to return custody or control of the funds, benefits, property, resources, belongings, or assets to the plaintiff.

(3) Order restitution.

(4) Prohibit the defendant from possessing a firearm or other weapon specified by the court, except when the weapon is necessary for employment as a law enforcement officer or military personnel.

(5) Order the defendant to pay attorneys’ fees and court costs.

(d) Any temporary ex parte protection order issued pursuant to this chapter shall remain in effect until the final order is entered.

(e) Any final elder abuse protection order shall be of permanent duration unless otherwise specified by the court.

(f) An elder abuse protection order may not affect in any manner title to real property.
Ala. Code § 38-9-3.1 — Alabama Code / Title 38 / Chapter 9 / Section 38-9-3.1
Section 38-9-3.1 Concurrent Original and General Jurisdiction of Probate Court and Circuit Court
Status: in_force

The probate court and circuit court shall have concurrent original and general jurisdiction as to all matters mentioned in this chapter.
Ala. Code § 38-12-1 — Alabama Code / Title 38 / Chapter 12 / Section 38-12-1
Section 38-12-1 Definitions
Status: in_force

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, but shall not include any person with whom a child is placed for the purpose of adoption.
Ala. Code § 38-7-14 — Alabama Code / Title 38 / Chapter 7 / Section 38-7-14
Section 38-7-14 Reports by Child-Care Facility
Status: in_force

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.
Ala. Code § 38-9F-3 — Alabama Code / Title 38 / Chapter 9F / Section 38-9F-3
Section 38-9F-3 Definitions
Status: in_force

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. Abuse, as defined in Section 38-9-2.

b. Arson, as defined in Sections 13A-7-40 to 13A-7-43, inclusive.

c. Assault, as defined in Sections 13A-6-20 to 13A-6-22, inclusive.

d. Criminal coercion, as defined in Section 13A-6-25.

e. Criminal trespass as defined in Sections 13A-7-2 to 13A-7-4.1, inclusive.

f. Emotional abuse, as defined in Section 13A-6-191.

g. Financial exploitation, as defined in Sections 13A-6-191 and 8-6-171.

h. Harassment, as defined in Section 13A-11-8.

i. Kidnapping, as defined in Sections 13A-6-43 and 13A-6-44.

j. Menacing, as defined in Section 13A-6-23.

k. Reckless endangerment, as defined in Section 13A-6-24.

l. Sexual abuse, as defined as any of the acts in Sections 13A-6-60 to 13A-6-68.

m. Stalking, as defined in Sections 13A-6-90 to 13A-6-91.1, inclusive.

n. Theft, as defined in Sections 13A-8-2 to 13A-8-5, inclusive.

o. Unlawful imprisonment, as defined in Sections 13A-6-41 and 13A-6-42.

(3) ELDER ABUSE PROTECTION ORDER or PROTECTION ORDER. An order issued pursuant to this chapter including all of the following:

a. A restraining order, injunctive order, or order of release from custody issued by a circuit, district, municipal, or probate court that seeks to protect an elderly person.

b. An order issued by a circuit, district, or municipal court that places conditions on the pre-trial release of a defendant in a criminal case, which may include provisions of bail pursuant to Section 15-13-190 that seeks to protect an elderly person.

(4) ELDERLY PERSON. A person 60 years of age or older.

(5) PLAINTIFF. An elderly person in need of protection from elder abuse.

(6) THREAT. Any word or action, expressed or implied, made to cause a plaintiff to fear for his or her safety or for the safety of another person.

(7) VIOLATION. The knowing commission of any act or conduct prohibited by an elder abuse protection order or any willful failure to abide by its terms.
Ala. Code § 38-14-1 — Alabama Code / Title 38 / Chapter 14 / Section 38-14-1
Section 38-14-1 Definitions
Status: in_force

As used in this chapter, the following terms shall have the following meanings:

(1) DEPARTMENT. The Department of Human Resources.

(2) ELIGIBLE INDIVIDUAL or FAMILY MEMBER. A person whose household income is equal to or less than 80 percent of the median household income for the state or less than 200 percent of the federal poverty guidelines, whichever is greater.

(3) EMERGENCY. Payments for necessary medical expenses of the account owner or family member, expenses to avoid the eviction of the account owner from the account owner’s primary residence, and for necessary living expenses following a loss of income

(4) FIDUCIARY ORGANIZATION. Any nonprofit, fund-raising organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, as amended; any certified community development financial institution; any credit union chartered under federal or state law; or any Indian tribe as defined in Section 4(12) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. §4103(12)), and includes any tribal subsidiary, subdivision, or wholly owned tribal entity.

(5) FINANCIAL INSTITUTION. A federally insured bank, trust company, savings bank, building and loan association, savings and loan company or association, or credit union authorized to do business in this state.

(6) INDIVIDUAL DEVELOPMENT ACCOUNT. An account established for an eligible individual or family member as part of a qualified individual development account program with the following requirements:

a. The sole owner of the account is the individual or family member for whom the account was created.

b. The holder of the account is a qualified financial institution.

c. The assets of the account may not be commingled with other property except in a common trust fund or common investment fund.

d. Any amount in the account shall be paid out only for the qualified purposes of the account owner, except if it meets the qualifications of an emergency use.

(7) PARALLEL ACCOUNT. A separate parallel account for all matching funds and earnings dedicated to individual development account owners, the sole holder of which is a qualified financial institution, a qualified fiduciary organization, or an Indian tribe.

(8) QUALIFIED PURPOSES. The use of the account owner’s accumulated savings and matching funds for any of the following purposes:

a. Securing postsecondary education, including, but not limited to, community college courses, courses at a four-year college or university, or postcollege, graduate courses for the account owner or any member of the account owner’s family.

b. Securing postsecondary occupational training, including, but not limited to, vocational or trade school training for the account owner or any training authorized under the Workforce Investment Act through the Department of Economic and Community Affairs.

c. Purchasing a home for the first time, defined as not being named on a legally registered home ownership title for a minimum of 36 months.

d. Costs for major repairs or improvement to a primary residence.

e. Business capitalization.

f. Purchasing of an automobile necessary to transport the account owner or family member to a place of employment or education.

g. Assistive technology for people with disabilities.

h. Any other activity based on a plan approved by the department.
Ala. Code § 38-7-7 — Alabama Code / Title 38 / Chapter 7 / Section 38-7-7
Section 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
Status: in_force

(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 types of child-care facilities. The standards prescribed and published under this chapter shall include regulations pertaining to:

(1) The operation and conduct of the child-care facility and the responsibility it assumes for child care;

(2) The character, suitability and qualifications of the applicant and other persons directly responsible for the care and welfare of children served;

(3) The general financial ability and competence of the applicant to provide necessary care for children and to maintain prescribed standards;

(4) The number of individuals or staff required to insure adequate supervision and care of the children served;

(5) The appropriateness, safety, cleanliness and general adequacy of the premises, including maintenance of adequate fire prevention and health standards conforming to state laws and municipal codes to provide for the physical comfort, care, well-being and safety of children served;

(6) Provisions for food, clothing, educational opportunities, program equipment and individual supplies to assure the healthy physical and mental development of children served, consistent with the definitions contained in this chapter;

(7) Maintenance of records pertaining to the admission, progress, health and discharge of children, and provisions for confidentiality of such records;

(8) Filing of reports with the department; and

(9) Discipline of children.

(b) If, in a facility for child care, there are children diagnosed as mentally ill, mentally retarded or physically handicapped who are determined to be in need of special mental treatment or of nursing care, or both mental treatment and nursing care, the department shall seek the advice and recommendation of the Department of Mental Health or the State Board of Health, or of both, regarding the residential treatment and nursing care provided by the facility.

(c) The department, in applying standards prescribed and published, as herein provided, shall offer consultation through employed staff or other specified persons to assist applicants and licensees in meeting and maintaining minimum requirements for a license and to help them otherwise to achieve programs of excellence related to the care of children served.
Ala. Code § 38-10-7.1 — Alabama Code / Title 38 / Chapter 10 / Section 38-10-7.1
Section 38-10-7.1 Scope of Representation of District Attorney or Appointed Attorney in Support Enforcement Action
Status: in_force

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 support services pursuant to the provisions of Title IV-D of the Social Security Act and the laws of this state shall represent the State of Alabama, Department of Human Resources, exclusively in said proceedings. No attorney-client relationship shall exist between the IV-D attorney and any applicant or recipient of the agency’s support enforcement services, without regard to the style of the case in which legal proceedings are initiated. Said attorney representing the state in an IV-D case is only authorized to appear and prosecute and/or defend issues of support and cannot in an IV-D case address or provide representation to the IV-D client on any other or ancillary issues raised or presented in that action. The provisions of this section shall apply to any attorney authorized to represent the State of Alabama and providing support enforcement services to the Department of Human Resources, and shall be applicable in any action brought by the department pursuant to Title IV-D of the Social Security Act and the laws of this state. The Department of Human Resources shall advise all applicants or recipients of the agency’s support enforcement services that no attorney-client relationship exist between the IV-D attorney and the applicant or recipient and shall have executed a written statement signed by the recipient to that effect.
Ala. Code § 38-9D-5 — Alabama Code / Title 38 / Chapter 9D / Section 38-9D-5
Section 38-9D-5 Role of Department of Senior Services
Status: in_force

The Department of Senior Services shall be responsible for the general administration, supervision, and monitoring of all council activities.
Ala. Code § 38-7-18 — Alabama Code / Title 38 / Chapter 7 / Section 38-7-18
Section 38-7-18 Mandatory State Subsidized Child Day-Care Services Program
Status: in_force

(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 cost of not less than $8,600,000.00, annually, based on fiscal year ending September 30, 1987.

(b) There is hereby provided, in addition to any and all other appropriations to the Department of Human Resources, a conditional appropriation of $2,400,000.00 from the Alabama Special Educational Trust Fund for the fiscal year beginning October 1, 1987, to the Department of Human Resources, to provide child day-care services for an additional 1,800 eligible children. The appropriation herein provided is conditional upon the condition of the Alabama Special Educational Trust Fund as ascertained by the Governor, and shall be released only upon orders of the Governor.
Ala. Code § 38-1-5 — Alabama Code / Title 38 / Chapter 1 / Section 38-1-5
Section 38-1-5 Civil Actions Against Certain Persons Owning Property and Supported at Public Charge
Status: in_force

If any person who has received any relief, support or maintenance at public charge, under Chapter 8 of this title or as an inmate of any state, county or municipal institution, was at the time of receiving such relief, support or maintenance the owner of property, the authorities charged with the care of the poor of the municipality or the authorities in charge of the institution chargeable with such relief, support or maintenance may file a civil action for and collect the value of the same against such person and against his estate. In any such action or proceeding, the statutes of limitation shall not be placed in defense, but the court may, in its discretion, refuse to enter judgment or allow the claim in favor of the claimant in any case where a parent, wife or child is dependent on such property for support. The records kept by the state, county or municipality, for the purpose of showing names and the value of the relief, support or maintenance furnished, shall be prima facie evidence of such indebtedness.
Ala. Code § 38-10-52 — Alabama Code / Title 38 / Chapter 10 / Section 38-10-52
Section 38-10-52 Use of Funds; Administrative Costs
Status: in_force

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, graduation costs, birthday and Christmas gifts, and, assistance with preparation for independent living. In no case shall proceeds from the foster care trust fund be used for the cost of board or staff costs of the Department of Human Resources. All administrative costs or any other costs to provide for the operation of the foster care trust fund created by this article shall be paid from funds allocated to the department of human resources.
Ala. Code § 38-7-15 — Alabama Code / Title 38 / Chapter 7 / Section 38-7-15
Section 38-7-15 Conditions Precedent to Bringing Child into State for Purposes of Adoption or Placement in Child-Care Facility
Status: in_force

(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 the power to impose and enforce reasonable conditions precedent to the granting of such consent. Such conditions shall be for the purpose of providing the same care and protection for the child coming into the State of Alabama for placement or adoption as are afforded to a child who is born in the State of Alabama, and such conditions shall include the following:

(1) The department shall be authorized to designate an agency in another state from which said child is being brought or sent, or in which said child’s parents or guardian may be found, to interview said parent or parents or guardians, or at least one of them, for the purpose of obtaining social information, background information and medical information about said child;

(2) The department shall be authorized to receive such information from the designated agency in the other state;

(3) The department shall be authorized to receive the birth certificate of said child from the designated agency in the other state or from other appropriate agency in the other state;

(4) The department shall be authorized to make a thorough investigation of the proposed foster parent or parents, and their home, to determine whether or not they are financially able, physically able and morally fit to have the care, supervision, training and control of said child;

(5) The department shall be authorized to make a thorough investigation of any child-care facility to which any child is being brought or sent to determine conformity to minimum standards prescribed herein for approval or licensing and to determine the suitability of such child-care facility for the care, supervision, training and control of said child;

(6) In case said child, subsequent to being brought into the State of Alabama, becomes dependent, neglected or delinquent prior to his adoption or becoming of legal age of majority, said child shall be subject to the laws of the State of Alabama as if he were a resident child of this state;

(7) The child will be placed in conformity with the rules and regulations of the department;

(8) The person with whom the child is placed shall be responsible for his proper care and training;

(9) The department shall have the right of visitation and supervision of the child and the home or the child-care facility in which he is placed until adoption becomes final or the child becomes 18 years of age;

(10) The department may, pursuant to the provisions of this chapter, prescribe the conditions of an agreement or contract with the designated out-of-state agency, when a child is brought into the State of Alabama.

(b) The person or agency receiving the child in Alabama shall report to the department at such reasonable times as the department may direct, as to the location and well-being of the child, so long as he shall remain within the state and until he shall have reached the age of 18 years or shall have been legally adopted.
Ala. Code § 38-10-50 — Alabama Code / Title 38 / Chapter 10 / Section 38-10-50
Section 38-10-50 Definition
Status: in_force

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 the department of human resources who are in foster care.
Ala. Code § 38-2-3 — Alabama Code / Title 38 / Chapter 2 / Section 38-2-3
Section 38-2-3 Commissioner of State Department of Human Resources; Other Personnel
Status: in_force

(a) The chief executive officer of the State Department of Human Resources shall be known as the Commissioner of the State Department of Human Resources.

(b) It shall be the duty of the state board to appoint the commissioner who shall serve at its pleasure. He shall be appointed on the basis of education, ability and experience in the administration of public welfare and without regard to residence or political affiliation and the state board shall set the salary of the commissioner. The commissioner shall be the executive and administrative officer of the state department and shall exercise all the rights, powers, duties and authority vested in the state department. The state board, in conference with the commissioner, shall be responsible for the adoption of policies, rules and regulations for its government and for the government of the state department. All administrative and executive duties and responsibilities of the state department shall be performed by the commissioner, subject to the authority of the state board. The state board, subject to the provisions of the merit system wherein applicable, shall have the power and it shall be its duty to fix minimum standards of service and personnel, and to set salary schedules, based upon education, training, previous experience and general efficiency which must have been attained by persons selected for positions to be filled in the state department and the county departments of human resources hereinafter created.

(c) The commissioner shall submit to the state board for its approval an annual budget of all funds appropriated by the legislature to the state department for the specific purposes for which they are appropriated and also a budget of federal funds which may be allotted to the state by the federal government for the purposes of the state department according to the regulations of the federal authorities. He shall publish annually a full report of the operation and administration of the Department of Human Resources, together with recommendations and suggestions and submit such report to the state board. The commissioner, subject to the applicable provisions of the merit system, shall appoint a director of each bureau and such other personnel as may be necessary for the efficient performance of the duties prescribed in this chapter.

(d) The commissioner shall interpret policies, rules and regulations formulated by the state board and shall have power, subject to the approval of the state board, to create within the state department such bureaus as are necessary for the effective operation of the public assistance program, and to allocate and reallocate functions among bureaus and departmental agencies.
Ala. Code § 38-5-3 — Alabama Code / Title 38 / Chapter 5 / Section 38-5-3
Section 38-5-3 Purpose of Chapter
Status: in_force

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.
Ala. Code § 38-5-7 — Alabama Code / Title 38 / Chapter 5 / Section 38-5-7
Section 38-5-7 Conflicts with Social Security Act
Status: in_force

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.
Ala. Code § 38-12-5 — Alabama Code / Title 38 / Chapter 12 / Section 38-12-5
Section 38-12-5 Rules and Regulations
Status: in_force

The department may adopt rules and regulations to carry out the provisions of this chapter.
Ala. Code § 38-13-12 — Alabama Code / Title 38 / Chapter 13 / Section 38-13-12
Section 38-13-12 Construction
Status: in_force

This chapter is supplementary and shall be construed in pari materia with other laws; provided, however, that to the extent that this chapter specifically conflicts with other laws pertaining to criminal history background information checks, this law shall take precedence. Nothing contained in this chapter shall be construed to diminish, reduce, or conflict with the authority of the Department of Human Resources to interpret and apply appropriate federal and state laws governing that agency and its programs.
Ala. Code § 38-9A-9 — Alabama Code / Title 38 / Chapter 9A / Section 38-9A-9
Section 38-9A-9 Continuation of Chapter
Status: in_force

(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 Session (Acts 1993, p. 507), is amended to read as follows:

“Section 9. This act shall become effective October 1, 1993.”
Ala. Code § 38-12B-5 — Alabama Code / Title 38 / Chapter 12B / Section 38-12B-5
Section 38-12B-5 Payment of Tuition and Required Fees
Status: in_force

The program shall pay tuition and required fees for a participant as governed by rules promulgated by the department. In no event shall tuition and required fees be paid pursuant to this section for more than 72 academic hours toward an associate’s degree or 144 academic hours toward a bachelor’s degree for each participant. The program shall only pay tuition and fees relating to an undergraduate degree.
Ala. Code § 38-7-5 — Alabama Code / Title 38 / Chapter 7 / Section 38-7-5
Section 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
Status: in_force

(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 of approval, provided, that the following occur:

(1) Licenses or approvals for boarding homes are valid for one year from the date of issuance, unless revoked by the department, or by the licensed child-placing agency which issued the approval, or unless voluntarily surrendered by the licensee or by the child-care facility designated on the notice of approval.

(2) Approvals for free homes shall continue in effect until notice of disapproval is given by the department, or by the licensed child-placing agency which issued the approval, or until the child-care facility designated on the notice of approval voluntarily withdraws.

(b) The department may issue a six-month permit to a facility for child care to allow such facility reasonable time to become eligible for a full license; provided, however, that no such six-month permit shall be issued to a foster family home.

(c) Notwithstanding any other provision of law to the contrary, when a child is taken into the department’s foster care or custody on an emergency basis, or when there is a disruption or imminent disruption in a current foster care placement requiring placement elsewhere, and a prospective foster home is available, the department or licensed child-placing agency may conduct a preliminary inspection of the home and issue a provisional approval of the home. The provisional approval shall continue in effect for no more than six months and is nonrenewable. A provisional approval may be denied or revoked by the department at any time for failure to meet minimum standards set by the department or for any reason set forth in Section 38-7-8.

(d) Prior to the emergency licensing of foster homes, the department shall adhere to the settlement agreement reached in the R.C. v. Nachman lawsuit relating to preferential treatment for family members concerning the placement of children.
Ala. Code § 38-9E-7 — Alabama Code / Title 38 / Chapter 9E / Section 38-9E-7
Section 38-9E-7 Financial Exploitation of an Elderly Person - Second Degree
Status: in_force

Transferred to §13A-6-196 by Act 2014-346, §1(1)(7) effective April 9, 2014.
Ala. Code § 38-14-5 — Alabama Code / Title 38 / Chapter 14 / Section 38-14-5
Section 38-14-5 Financial Literacy Education
Status: in_force

Before becoming eligible to receive matching funds to pay for qualified purposes, individual development account owners shall complete a financial literacy education course offered by a qualified financial institution, a qualified fiduciary organization, an Indian tribe, or a governmental entity in accordance with federal guidelines.
Ala. Code § 38-3-9 — Alabama Code / Title 38 / Chapter 3 / Section 38-3-9
Section 38-3-9 Adoption of Rules; Additional Functions
Status: in_force

The department shall adopt rules pursuant to the Alabama Administrative Procedure Act to implement and administer this chapter and may perform all of the following functions:

(1) Provide technical assistance and consultation upon request to public and private nonprofit agencies with respect to programs, services, and activities for elderly people.

(2) Provide assistance upon request to federal agencies, other state agencies or departments, and private organizations on studies and surveys on the special problems of the aged in such matters as mental and physical health, housing, transportation, family relationships, employment, income, vocational rehabilitation, recreation, and education; make such reports as are appropriate to the Governor and other federal and state agencies; and develop recommendations for administrative or legislative action to assist the aged.

(3) Develop and strengthen the services available for the aging in the state working upon request with existing federal, state, and local departments and agencies and private agencies and facilities.

(4) Extend and expand services for the aged through coordinating the interests and efforts of local agencies regulated by the department for the aged citizens of this state.

(5) Encourage, promote, and aid in the establishment of programs and services on the local level for the aged to more fully enjoy and participate in family and community life.

(6) Encourage the training of workers in the field of aging.

(7) Provide consultants to agencies, associations, or individuals providing services upon request supported by the department.

(8) Recommend methods of improving the effectiveness of state services for elderly citizens.

(9) Publish a description of the organization and functions of the department so that all interested agencies and individuals may receive information about, and be better able to solicit assistance from, the department.
Ala. Code § 38-6-8 — Alabama Code / Title 38 / Chapter 6 / Section 38-6-8
Section 38-6-8 Penalty for False Representation
Status: in_force

The penalty for false representation under this chapter shall be the same as contained in Section 38-4-7.
Ala. Code § 38-9-5 — Alabama Code / Title 38 / Chapter 9 / Section 38-9-5
Section 38-9-5 Emergency Protective Services
Status: in_force

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 department may arrange for protective services with the consent of the person. If the person is incapable of giving consent or does not consent, the department shall petition the court for an order authorizing the department to arrange for care for such person immediately. Upon a determination by the court that such care is urgently and immediately necessary to protect the health or safety of the person, an appropriate order of the court shall be issued authorizing the department to arrange for the placement of such person in an approved foster home, licensed nursing home or other similar facility immediately. At the proceeding to obtain the necessary order, any relative or other interested person may appear to oppose or join in the petition of the department. In the event of such involuntary protective placement the court shall thereafter, within 10 days, cause notice to be given, as appropriate, to the person, his spouse and other interested persons of the action of the court, the present whereabouts of the person and setting a time for a hearing on the matter of the person’s need for protective placement, the appropriateness of the present placement and arrangements for future care.
Ala. Code § 38-12B-3 — Alabama Code / Title 38 / Chapter 12B / Section 38-12B-3
Section 38-12B-3 Mentor Service
Status: in_force

The program shall include a mentor service administered by the department as a support system for participants of the college tuition scholarship program. This service shall include mentors who shall be compensated by the department, as employees or contractors, to help participants adapt to independent living and to academics and other college or university activities.
Ala. Code § 38-4-3 — Alabama Code / Title 38 / Chapter 4 / Section 38-4-3
Section 38-4-3 Payments After Death
Status: in_force

When a recipient dies before delivery or negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the county director of human resources to the spouse or to a person, either relative or nonrelative, named by the recipient shall be sufficient authority to the drawee bank to pay such check.