Ala. Code § 38-6-5 — Alabama Code / Title 38 / Chapter 6 / Section 38-6-5
Section 38-6-5 Persons Eligible for Medical Assistance
Status: in_force

Medical assistance for the aged shall be payable under this chapter on behalf of any needy person who has attained the age of 65 years and who:

(1) Has made application therefor in the manner prescribed by the State Department of Human Resources;

(2) Has been certified by the appropriate medical profession to be in need of medical assistance under this chapter;

(3) Has not sufficient income and resources (including insurance, workers’ compensation, etc.) to meet the cost of necessary medical services;

(4) Is a resident of the state;

(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) Is not receiving an old age pension.

Medical assistance for the aged shall be payable under this chapter on behalf of any person who is a patient of an institution, public or private, where such payments are matchable under the provisions of the Federal Social Security Act as amended and where such institution conforms to the requirements of the Federal Social Security Act as amended and applicable statutes of Alabama. Medical assistance for the aged shall be payable under this chapter on behalf of any person who needs noninstitutional care and services for such care and services as provided under Title I of the Federal Social Security Act as amended.
Ala. Code § 38-1-3 — Alabama Code / Title 38 / Chapter 1 / Section 38-1-3
Section 38-1-3 Legal Representative for Handling Public Assistance Payments of Incompetents
Status: in_force

If any otherwise qualified applicant for or recipient of public assistance appears to be incapable, physically or mentally, or both, of managing his public assistance payments, and has no legal guardian, he, his spouse, father, mother, child, brother or sister, with the consent of the Department of Human Resources, or the Department of Human Resources may petition the probate judge for the appointment of a legal representative to handle his public assistance payments only. The petition shall be accompanied by a certificate in writing of a physician which certificate shall state that the physician upon examination believes the applicant or recipient to be physically or mentally, or both, incapable of managing his public assistance payments. The probate judge shall conduct a hearing for the purpose of appointing a competent person as legal representative after notice of at least 10 days in advance to the applicant or recipient, and within 30 days from receipt of the petition. If the probate judge finds that the allegations of the petition are supported by the evidence, he shall issue an order appointing a legal representative. Employees of the Department of Human Resources are expressly prohibited from serving as such legal representatives. When a legal representative is appointed, it shall be his duty to receive and disburse the recipient’s assistance payments on his behalf and to make to the court a true and accurate account thereof annually or as often as required by the court. Funds in the hands of such legal representative shall be expended only for the purpose contemplated by this section and only for the benefit of said public assistance recipient. The appointment of such legal representative shall not be considered as evidence of physical or mental incapacity in any other proceeding, and such appointment shall not be the basis for committing any person to any institution.

The legal representative so appointed may be removed by the probate judge for failure to discharge his duties or at the request of the legal representative. Such representative, upon order of the court, shall make a settlement and a new competent legal representative shall be appointed by the judge with notice to the Department of Human Resources. If an applicant or recipient appears capable of managing his public assistance payments at any time after a legal representative has been appointed for him, the applicant or recipient or the legal representative with the approval of the Department of Human Resources may apply in writing to the probate judge for the legal representative to be discharged. This application must be accompanied by a certificate in writing of a physician stating that after examination of such person he believes him to be capable of managing his public assistance payments. If the probate judge finds the allegations of the petition are supported by the evidence, he shall issue an order discharging the legal representative. Such representative, upon order of the court, shall make a settlement.
Ala. Code § 38-9C-2 — Alabama Code / Title 38 / Chapter 9C / Section 38-9C-2
Section 38-9C-2 Legislative Findings
Status: in_force

The Legislature finds that services to persons with developmental disabilities and traumatic brain injury must be based on individual need, provided by appropriately qualified individuals, and available to persons with developmental disabilities in community environments. Services should be provided in a way which is normalizing as well as respectful of the rights, feelings, and responsibilities of each person with a disability. Services should also focus on enabling individuals to maintain responsibility for setting their own goals, directing their own lives, and acting responsibly as members of their community. Persons who have disabilities shall not be deprived of any right, benefit, or privilege guaranteed by law, the Constitution of Alabama of 1901, or the Constitution of the United States without due process of law.
Ala. Code § 38-3-21 — Alabama Code / Title 38 / Chapter 3 / Section 38-3-21
Section 38-3-21 Composition
Status: in_force

The Alabama Senior Citizens Hall of Fame shall be composed of members who are senior citizens. Each person elected for membership shall be a citizen of Alabama who shall be chosen for accomplishment or service greatly benefiting the lives of older American citizens. The members shall reflect the racial, ethnic, gender, urban/rural, and economic diversity of the state.
Ala. Code § 38-12-2 — Alabama Code / Title 38 / Chapter 12 / Section 38-12-2
Section 38-12-2 Program Established
Status: in_force

(a) There is established a Kinship Foster Care Program in the State Department of Human Resources.

(b) When a child has been removed from his or her home and is in the care, custody, or guardianship of the department, the department shall attempt to place the child with a relative for kinship foster care. If the relative is approved by the department to provide foster care services, in accordance with rules and regulations adopted by the department regarding foster care services, and a placement with the relative is made, the relative may receive payment for the full foster care rate only as provided by federal law for the care of the child and any other benefits that might be available to foster parents, whether in money or in services. Foster care payments shall cease upon the effective date of the kinship subsidiary payments or as provided by the department.

(c) The department shall establish standards for becoming a kinship foster parent as follows:

(1) A relative shall be an individual who is legally related to the child by blood, marriage, or adoption within the fourth degree of kinship, including only a brother, sister, uncle, aunt, first cousin, grandparent, great grandparent, great aunt, great uncle, great great grandparent, niece, nephew, grandniece, grandnephew, or a stepparent. For the purposes of kinship foster care, the blood relationship shall continue to be recognized in defining relative after termination of parental rights.

(2) The kinship foster parent shall be 21 years of age or older, unless the department provides otherwise by rule to carry out the provisions of this chapter.

(3) The department may waive standards for kinship foster care as provided by department rule and as permitted by other state and federal law.
Ala. Code § 38-5-5 — Alabama Code / Title 38 / Chapter 5 / Section 38-5-5
Section 38-5-5 Aid Inalienable; Cost of Hospitalization, Medical Care, Etc., Not to Constitute a Lien on Property of Recipient
Status: in_force

All aid given as public assistance for the blind shall be absolutely inalienable by any assignment, sale, attachment, execution or otherwise; and, in case of bankruptcy, the assistance shall not pass through any trustee or other person acting on behalf of creditors. The cost of hospitalization or other medical care or other service furnished by the state or by a county to a recipient of assistance under this chapter shall not constitute a lien upon any real or personal property or personal effects of such recipient.
Ala. Code § 38-9D-1 — Alabama Code / Title 38 / Chapter 9D / Section 38-9D-1
Section 38-9D-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Elder Abuse Prevention Act.
Ala. Code § 38-2-5 — Alabama Code / Title 38 / Chapter 2 / Section 38-2-5
Section 38-2-5 Allocation of Funds
Status: in_force

The state department, subject to the approval of the state board, shall allocate such federal and state funds for public assistance, administration and services as are available, in a manner that assures equitable treatment of needy individuals in similar circumstances throughout the state. The allocation of these funds shall be based on the relative welfare needs in the several counties. In determining the relative welfare needs of the several counties consideration shall be given to the number of persons eligible to receive public assistance, the financial needs of those eligible persons, and the cost of administration and services. All these factors shall be determined in accordance with uniform standards set by the state department, subject to the approval of the state board, which standards shall in no case contravene the Social Security Act and the rules and regulations promulgated thereunder. The method of determining the needs in the several counties shall be uniform throughout the state. Funds allocated shall be expended in the manner prescribed by the state department, subject to the approval of the state board.
Ala. Code § 38-7-20 — Alabama Code / Title 38 / Chapter 7 / Section 38-7-20
Section 38-7-20 Employment in Day Care Center of Individual Under 19 Years of Age with Certain Credentials
Status: in_force

Nothing in this chapter shall preclude an individual under the age of 19 years who has graduated from a high school with a Child Development Associate Credential from being employed by a day care center and counted in the staff-child ratio, as defined in subdivision (4) of Section 38-7-2.
Ala. Code § 38-12B-4 — Alabama Code / Title 38 / Chapter 12B / Section 38-12B-4
Section 38-12B-4 Use of Funds
Status: in_force

Appropriations for the program shall be used by the department on behalf of participants in each fiscal year to pay public two-year and four-year institutions of higher education or other publicly funded training programs in the state for benefits extended to participants by the Fostering Hope program. The department may also use not more than 10 percent of the total state appropriation made to the program in any fiscal year for costs associated with the mentor service. The department may not spend appropriations for the program for purposes other than those listed in this section. Any monies appropriated to the department for Fostering Hope that are unspent at the end of a fiscal year shall be carried over for use by the program in the next fiscal year. The department shall develop rules for ensuring that expenses of the Fostering Hope program in a fiscal year do not exceed funding for the program in that fiscal year. For that purpose, and any other provision of this chapter to the contrary notwithstanding, the department may limit the acceptance of applications for Fostering Hope scholarships and may limit the award of scholarships.
Ala. Code § 38-9-10 — Alabama Code / Title 38 / Chapter 9 / Section 38-9-10
Section 38-9-10 Reports by Physicians, Etc., of Physical Abuse, Neglect or Exploitation - Penalty for Failure to Make Report
Status: in_force

Any physician or other practitioner of the healing arts who shall knowingly fail to make the report required by this chapter shall be guilty of a misdemeanor and shall, upon conviction, be punished by imprisonment for not more than six months or a fine of not more than $500.00.
Ala. Code § 38-1-1 — Alabama Code / Title 38 / Chapter 1 / Section 38-1-1
Section 38-1-1 Definitions
Status: in_force

As used in this title, the following terms shall have the meanings ascribed to them in this section:

(1) DEPARTMENT or STATE DEPARTMENT. The State Department of Human Resources.

(2) BOARD or STATE BOARD. The State Board of Human Resources.

(3) COMMISSIONER. The Commissioner of the State Department of Human Resources.

(4) COUNTY DEPARTMENT. The department of human resources in each of the 67 counties.

(5) COUNTY BOARD. The county board of human resources.

(6) COUNTY DIRECTOR. The director of each county department of human resources.

(7) BLIND ASSISTANCE. Money payments with respect to needy blind persons.

(8) OLD AGE PENSIONS. Money payments with respect to a needy person who has attained the age of 65 years and who has complied with the requirements of this title. Whenever the term “old age assistance” is used in the laws of this state, such term shall mean “old age pensions.”

(9) DEPENDENT CHILD. Any needy child coming within the definition of “dependent child” as defined in the Federal Social Security Act or amendments thereto.

(10) AID TO DEPENDENT CHILDREN. Such term shall have the same meaning as “aid to dependent children” as defined by the Federal Social Security Act or amendments thereto.

(11) AID TO THE PERMANENTLY AND TOTALLY DISABLED. Money payments with respect to a person 18 years of age or older who is permanently and totally disabled.

(12) CASE RECORD MATERIAL. The entire case record file pertaining to inquiries about, applicants for, or recipients of public assistance, including but not limited to, applications, narratives, budgets, face sheets, correspondence, authorizations of assistance, change of status forms, financial and statistical record cards and such other material or forms as have been used from time to time.
Ala. Code § 38-1-6 — Alabama Code / Title 38 / Chapter 1 / Section 38-1-6
Section 38-1-6 State and Local Governments Authorized to Participate in Programs to Provide Assistance to the Aged
Status: in_force

(a) The state government and all county and municipal governments in this state are hereby authorized to voluntarily participate in any program which is related to any form of assistance for the aged, including, but not limited to, such programs as senior citizens volunteers, foster grandparents, senior aids, various programs of the Federal Department of Health, Education and Welfare and any other program supported by the federal government, private foundations or other political or private organizations which establish assistance programs for the aged. Participation in said old-age assistance programs may be in the form of moneys, services rendered or any other form of voluntary participation available.

(b) Nothing contained in this section shall be construed to usurp the authority or affect the funding of the Department of Human Resources under the public welfare laws of this state, under other existing laws of this state, as the same may hereafter be amended, or services administered by the Department of Human Resources as the single state agency designated to administer funds and services under state or federal legislation, including, but not limited to, the Federal Social Security Act and the Food Stamp Act of 1964, as amended.

(c) No portion of this section shall be construed to usurp the authority of the Alabama Commission on Aging as the state agency designated as an advocate for Alabama’s senior citizens by the Alabama Legislature, and as the state agency designated to administer the Older Americans Act of 1965, as amended.
Ala. Code § 38-10-9 — Alabama Code / Title 38 / Chapter 10 / Section 38-10-9
Section 38-10-9 Investigations by Department as to Location of Parents and Ability of Parents to Furnish Child Support; Authority to Notify Parent of Support Duty; Falsification of Report as to Parent’s Income, Etc.; Citation to Require In-Court Testimony; Employer’s Duty to Provide Certain Information
Status: in_force

(a) The department is authorized and empowered to conduct investigations to determine the location of parents and putative parents alleged or known to owe child support.

(b) The department is authorized and empowered to conduct investigations to determine the location, income, and assets including real or personal property or income producing property of parents alleged or known to have a child support obligation.

(c) The department is authorized and empowered to notify a parent of his legal duty to provide support and to require information concerning his financial status in order to determine whether or not he is financially able to provide support.

(d) Such notice may inform the parent that he may be liable for reimbursement of any support furnished as public assistance or aid prior to determination of his financial circumstances, as well as future and past support payments due and not paid by him.

(e) Any person who knowingly falsifies such parent’s report of his income and resources and other matters bearing on his ability to provide support shall upon conviction be punished as for false swearing or perjury.

(f) If any parent shall refuse to provide the department with information as provide herein, or provides incomplete or false information, the department shall be authorized to petition the appropriate district or circuit court of this state requesting that the court issue a citation to the parent requiring said parent to appear before the court and submit to an oral examination, under oath, touching on the amount of his income and the nature, location, description and value of his assets. Should the parent, after being served with said citation, fail to appear before the court on the date and time stated in the court’s citation, then the parent shall be subject to the contempt authority of the court.

(g) For purposes provided herein, private employers shall upon written request by the department, provide the department with the name, social security account number, address, date of birth, wages, unemployment and workers’ compensation status, availability and coverage for medical insurance (including insurance coverage on dependents) and numbers of dependents listed for tax purposes, of any parent or putative parent.
Ala. Code § 38-9D-3 — Alabama Code / Title 38 / Chapter 9D / Section 38-9D-3
Section 38-9D-3 Alabama Interagency Council for the Prevention of Elder Abuse
Status: in_force

There is created the Alabama Interagency Council for the Prevention of Elder Abuse. The members of the council shall include, but not be limited to, the following:

(1) The chief executive officer, or his or her designee, of each of the following participating agencies and organizations:

a. The Alabama 911 Network.

b. The Administrative Office of Courts.

c. The Attorney General.

d. The Banking Department.

e. The Coalition Against Domestic Violence.

f. The Crime Victims Compensation Commission.

g. The Department of Forensic Sciences.

h. The Department of Human Resources.

i. The Department of Insurance.

j. The Department of Mental Health.

k. The Department of Public Health.

l. The Alabama State Law Enforcement Agency.

m. The Department of Senior Services.

n. The Department of Veterans Affairs.

o. The Governor’s Office of Faith Based Initiatives and Community Service.

p. The Medicaid Agency.

q. The Office of Prosecution Services.

r. The Peace Officers’ Standards and Training Commission.

s. The Probate Judges Association.

t. The Securities Commission.

u. The Sheriffs Association.

v. The State Bar Association.

w. AARP Alabama.

x. The Association of Area Agencies on Aging.

y. The Criminal Justice Information System.

z. The Nursing Home Association.

aa. The Alabama Silver-Haired Legislature.

(2) The membership of the council shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

(3) The chief executive officers of state agencies serving on the council shall serve ex officio.

(4) The council shall meet at the call of the chair and the meetings shall be open to the public.

(5) No member of the council shall cast a vote on any matter which would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest under state law.

(6) The Commissioner of the Department of Senior Services shall serve as the chair of the council.
Ala. Code § 38-9C-7 — Alabama Code / Title 38 / Chapter 9C / Section 38-9C-7
Section 38-9C-7 Effect of Chapter on Established Standards of Medical Care; Application of Written Policies Requirement
Status: in_force

This chapter shall not be interpreted or construed to alter, expand, or diminish established standards of medical care applicable to physicians licensed to practice medicine. Notwithstanding any provision of this chapter to the contrary, the requirement to develop and implement written policies and procedures as outlined in Section 38-9C-5 shall not apply to the private offices of physicians licensed to practice medicine.
Ala. Code § 38-14-4 — Alabama Code / Title 38 / Chapter 14 / Section 38-14-4
Section 38-14-4 Withdrawals and Reimbursements
Status: in_force

(a) If an emergency occurs, an account owner may withdraw all or part of the account owner’s deposits to an individual development account with the approval of the fiduciary organization.

(b) The account owner shall reimburse his or her individual development account for the amount withdrawn under this section within 12 months after the date of the withdrawal. Failure of the account owner to make a timely reimbursement to the account will remove the account owner from the Individual Development Account Program. Until the reimbursement has been made in full, an account owner may not withdraw any matching funds or accrued interest on matching funds from the account.

(c) If an account owner withdraws money from an individual development account for other than a qualified purpose, the fiduciary organization shall remove the account owner from the program.
Ala. Code § 38-10-32 — Alabama Code / Title 38 / Chapter 10 / Section 38-10-32
Section 38-10-32 Action to Assure That Parents of Child in Department’s Custody or Receiving Maintenance Payments Provide Support
Status: in_force

The department may take action under this article or any other appropriate state and federal statutes to assure that the parent or parents of a child in the custody and care of the department or otherwise receiving foster care maintenance payments under Title IV-E of the Social Security Act, provide support for such child. An order for support may be made at the time custody is granted to the department and may be made a part of the custody order.
Ala. Code § 38-12B-1 — Alabama Code / Title 38 / Chapter 12B / Section 38-12B-1
Section 38-12B-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Fostering Hope Scholarship Act of 2015.