reglab/housing_qa huggingface dataset:
AL Code § 38-9-4 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 9 - Protection of Aged Adults or Adults With a Disability.|Section 38-9-4 - Arrangements for Protective Services; Liability of Department for Protective Services; Services to Conform to Wishes of Person to Be Served; Duty of Department to Ascertain Persons in Need of Care and Protection.

Section 38-9-4Arrangements for protective services; liability of department for protective services; services to conform to wishes of person to be served; duty of department to ascertain persons in need of care and protection. (a) Protective services may be arranged when an adult person is in need of care and protection because of danger to his health or safety; provided, that nothing in this chapter shall be construed to mean that the department is chargeable for the cost of such care except where such care is specifically provided for by law or departmental regulations and funding exists for such purpose. All protective services shall be in conformity with the wishes of the person to be served unless the person is unable or unwilling to accept such services, and if the person is unable or unwilling to accept such services, the court may order such services. The department may be required to provide or arrange for services only for persons it is equipped to serve and agrees to serve. (b) The department shall seek out, through investigation, complaints from citizens or otherwise, the adults in the state who are in need of care and protection because of danger to their health or safety, and shall, as far as may be possible, through existing agencies, public or private, or through such other resources as are available, aid such adults to a fair opportunity in life. (Acts 1977, No. 780, p. 1340, §3.)
AL Code § 38-9-5 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 9 - Protection of Aged Adults or Adults With a Disability.|Section 38-9-5 - Emergency Protective Services.

Section 38-9-5Emergency protective services. 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. (Acts 1977, No. 780, p. 1340, §9.)
AL Code § 38-9-7 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 9 - Protection of Aged Adults or Adults With a Disability.|Section 38-9-7 - Violations; Penalties.

Section 38-9-7Violations; penalties. (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. (Acts 1977, No. 780, p. 1340, §§5, 11; Acts 1989, No. 89-825, p. 1652, §3; Acts 1994, No. 94-615, p. 1134, §1; Act 2000-455, p. 837, §1; Act 2008-390, p. 735, §1.)
AL Code § 38-9-8 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 9 - Protection of Aged Adults or Adults With a Disability.|Section 38-9-8 - Reports by Physicians, etc., of Physical, Sexual, or Emotional Abuse, Neglect, or Exploitation - Required; Contents; Investigation.

Section 38-9-8Reports by physicians, etc., of physical, sexual, or emotional abuse, neglect, or exploitation - Required; contents; investigation. (a) All physicians and other practitioners of the healing arts or any caregiver having reasonable cause to believe that any protected person has been subjected to physical abuse, neglect, exploitation, sexual abuse, or emotional abuse shall report or cause a report to be made as follows: (1) An oral report, by telephone or otherwise, shall be made immediately, followed by a written report, to the county department of human resources or to the chief of police of the city or city and county, or to the sheriff of the county if the observation is made in an unincorporated territory, except that reports of a nursing home employee who abuses, neglects, or misappropriates the property of a nursing home resident shall be made to the Department of Public Health. The requirements to report suspicion of suspected abuse, neglect, or misappropriation of property of a nursing home resident by an employee of a nursing home shall be deemed satisfied if the report is made in accordance with the rules of the State Board of Health. (2) Within seven days following an oral report, an investigation of any alleged abuse, neglect, exploitation, sexual abuse, or emotional abuse shall be made by the county department of human resources or the law enforcement official, whichever receives the report, and a written report prepared which includes the following: a. Name, age, and address of the person. b. Nature and extent of injury suffered by the person. c. Any other facts or circumstances known to the reporter which may aid in the determination of appropriate action. (b) All reports prepared by a law enforcement official shall be forwarded to the county department of human resources within 24 hours. (c) The county department of human resources shall not be required to investigate any report of abuse, neglect, exploitation, sexual abuse, or emotional abuse that occurs in any facility owned and operated by the Alabama Department of Corrections or the Alabama Department of Mental Health. (d) Notwithstanding the foregoing, the Department of Public Health shall investigate all reports that a nursing home employee has abused or neglected a nursing home resident, or misappropriated the property of a nursing home resident, in accordance with the rules of the State Board of Health and the federal regulations and guidelines of the Medicaid and Medicare programs. The Department of Public Health shall investigate the complaints in accordance with the procedures and time frames established by the agency. A county department of human resources shall not be required to investigate the complaints. (Acts 1977, No. 780, p. 1340, §6; Acts 1994, No. 94-615, p. 1134, §1; Act 2000-455, p. 839, §1.)
AL Code § 38-9-9 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 9 - Protection of Aged Adults or Adults With a Disability.|Section 38-9-9 - Reports by Physicians, etc., of Physical Abuse, Neglect or Exploitation - Immunity of Reporter From Civil and Criminal Liability.

Section 38-9-9Reports by physicians, etc., of physical abuse, neglect or exploitation - Immunity of reporter from civil and criminal liability. Any person, firm or corporation making or participating in the making of a report pursuant to this chapter or participating in a judicial proceeding resulting therefrom shall in so doing be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. (Acts 1977, No. 780, p. 1340, §7.)
AL Code § 38-9-10 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 9 - Protection of Aged Adults or Adults With a Disability.|Section 38-9-10 - Reports by Physicians, etc., of Physical Abuse, Neglect or Exploitation - Penalty for Failure to Make Report.

Section 38-9-10Reports by physicians, etc., of physical abuse, neglect or exploitation - Penalty for failure to make report. 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. (Acts 1977, No. 780, p. 1340, §8.)
AL Code § 38-9-11 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 9 - Protection of Aged Adults or Adults With a Disability.|Section 38-9-11 - Exemption of Officers, Agents and Employees of Department From Civil Liability.

Section 38-9-11Exemption of officers, agents and employees of department from civil liability. Any officer, agent or employee of the department, in the good faith exercise of his duties under this chapter, shall not be liable for any civil damages as a result of his acts or omissions in rendering assistance or care to any person. (Acts 1977, No. 780, p. 1340, §10.)
AL Code § 38-9A-4 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 9A - In-Home Services and Equipment for Persons With Developmental Disability.|Section 38-9A-4 - Community Councils.

Section 38-9A-4Community councils. (a) Each regional council shall sanction in accordance with state and regional council policies and procedures local area affiliate councils within its region, to be known as community councils, for the purpose of implementing the Individual and Family Support Program at the local community level. (b) Each community council shall be composed solely of people with disabilities and their family members. Members shall be appointed by the respective community councils, within the criteria established by the regional councils. Membership shall be distributed equitably throughout the local community area and shall be representative of the prevalent developmental disabilities. (c) Each community council shall perform the following duties: (1) Determine specific eligibility criteria within the broad criteria set by the regional council. (2) Receive applications for support funding from individuals, families, and service programs, and select recipients. (3) Authorize and disburse funding for approved recipients within the funds available. (4) Collect and evaluate support data, including consumer and family satisfaction, for planning purposes, and coordinate with other local and regional service planning efforts. (5) Adhere to the constitution and bylaws as developed by the regional council. (6) Adhere to the principles of subsection (b) of Section 38-9A-2. (Acts 1993, No. 93-334, p. 507, §4; Acts 1997, No. 97-421, p. 709, §1.)
AL Code § 38-9A-5 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 9A - In-Home Services and Equipment for Persons With Developmental Disability.|Section 38-9A-5 - State Support Council.

Section 38-9A-5State Support Council. (a) The State Support Council is created and shall be comprised of not more than 15 consumer and family members. Of these, there will be three representatives appointed by each regional support council. These shall include a regional council officer, one other regional council member, and a community council member. Additionally, the following individuals or their designees shall serve as nonvoting advisory members: The Chair of the Developmental Disabilities Planning Council, the Commissioner of the Department of Human Resources, the Commissioner of the Department of Mental Health, the State Superintendent of Education, the Director of the Department of Rehabilitation Services, and the State Health Officer of the Department of Public Health. The State Support Council shall provide a forum for the development of a state plan for an individual and family support system reflecting the experiences and needs of each region which shall be updated at least every three years and a forum for the consolidation and presentation of the annual budget request. The State Support Council shall make an annual report to the Legislature that includes an evaluation of the program and recommendations for future policy in individual and family supports. The report shall also be distributed to the Governor for dissemination to state agencies. (b) The state council shall also develop a code of ethics for the council, including a policy regarding potential conflicts of interest in membership, receipt of supports, and other areas as appropriate. (c) The state council shall meet at least quarterly. (Acts 1993, No. 93-334, p. 507, §5; Acts 1997, No. 97-421, p. 709, §1.)
AL Code § 38-9A-6 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 9A - In-Home Services and Equipment for Persons With Developmental Disability.|Section 38-9A-6 - Plans and Budgets.

Section 38-9A-6Plans and budgets. (a) The local, regional, and state plans for individual and family supports developed by each community and regional council and the State Support Council shall be developed in conjunction with the regional planning process of the Division of Mental Retardation of the Department of Mental Health. These plans and accompanying proposed budgets shall be considered by the Commissioner of the Department of Mental Health as a line item in the department's budget request that is annually submitted to the Governor's office. (b) The minimum level of funding in any year in the line item shall be six hundred fifty thousand dollars ($650,000) as a continuation of current funding from the Department of Mental Health, except that this amount may be reduced in a fiscal year in an amount equal to or less than any reduction applied to all other community-based programs and services of the Division of Mental Retardation in that same fiscal year. Provided, however, this exception shall not apply to federal maintenance of effort requirements. The councils may request the allocation of additional new funds in the budget of the Department of Mental Health for the Individual and Family Support Program and may also receive new funds from other state agencies and from the State General Fund. (c) The state, regional, or affiliated community councils, as defined by this chapter, are exempted from any county and local and sales and use taxes. (Acts 1993, No. 93-334, p. 507, §6; Acts 1997, No. 97-421, p. 709, §1.)
AL Code § 38-9A-7 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 9A - In-Home Services and Equipment for Persons With Developmental Disability.|Section 38-9A-7 - Nothing in Chapter to Restrict Other Chapters.

Section 38-9A-7Nothing in chapter to restrict other chapters. (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. (Acts 1993, No. 93-334, p. 507, §7.)
AL Code § 38-9A-8 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 9A - In-Home Services and Equipment for Persons With Developmental Disability.|Section 38-9A-8 - Individual and Family Support and Financial Assistance.

Section 38-9A-8Individual and family support and financial assistance. (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. (Acts 1993, No. 93-334, p. 507, §8; Acts 1994, No. 94-305, p. 539, §1.)
AL Code § 38-9A-9 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 9A - In-Home Services and Equipment for Persons With Developmental Disability.|Section 38-9A-9 - Continuation of Chapter.

Section 38-9A-9Continuation of chapter. (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." (Acts 1997, No. 97-421, p. 709, §2.)
AL Code § 38-9B-1 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 9B - Alabama Family Trust Board of Trustees.|Section 38-9B-1 - Legislative Findings.

Section 38-9B-1Legislative findings. (a) The Legislature finds and declares the following: (1) It is an essential function of state government to provide basic support for persons with a mental or physical impairment that substantially limits one or more major life activities, whether the impairment is congenital or occurs by reason of accident, injury, age, or disease. (2) The cost of providing basic support for persons with a mental or physical impairment is difficult for many citizens to afford, and they are forced to rely upon the government to provide that support. (3) The families and friends of persons with a mental or physical impairment desire to supplement, but not replace, the basic support provided by state government and other governmental programs. (4) Medical, social, and other supplemental services are often provided by family members and friends of persons with a mental or physical impairment, for the lifetime of the impaired persons. (5) It is necessary and desirable for the public health, safety, and welfare of the people of this state to encourage, enhance, and foster the ability of family members and friends of those individuals with a mental or physical impairment to supplement, but not to replace, the basic support provided by state government and other governmental programs and to provide for medical, social, or other supplemental services for those impaired persons. (b) The Legislature declares the purpose of the Alabama Family Trust Corporation, the Alabama Family Trust, and the Alabama Family Trust Charitable Trust is to encourage, enhance, and foster the provision of medical, social, or other supplemental services for persons with a mental or physical impairment. (Acts 1994, No. 94-579, p. 1054, §1.)
AL Code § 38-9B-3 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 9B - Alabama Family Trust Board of Trustees.|Section 38-9B-3 - Contributors Allowed to Supplement Care of Impaired Persons; Assets of Trustees.

Section 38-9B-3Contributors allowed to supplement care of impaired persons; assets of trustees. THIS SECTION WAS AMENDED BY ACT 2018-36 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 31, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (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. (Acts 1994, No. 94-579, p. 1054, §3; Act 2006-604, p. 1658, §1; Act 2013-366, p. 1313, §1; Act 2018-36, §1.)