Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-5-30 - INTELLECTUAL DISABILITIES SERVICES › Section 580-5-30-.16 - DMH-DHR Abuse Registry Procedures And Due Process

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Section
			 38-9-8,
Code of Ala.
			 1975
,
also known as "Shirley's Law,"provides for
			 the establishment and maintenance of a registry by Department of Human
			 Resources (DHR), listing the names of certain individuals and caregivers
			 whereby a finding of abuse, neglect, or exploitation has been indicated as
			 defined in
			 38-9-8,
Code of Ala.
			 1975
,
against certain recipients of the
			 Department of Mental Health Developmental Disabilities Division's system of
			 care.
(2) The registry shall
			 provide for the inclusion of specific documented findings by the Alabama
			 Department of Mental Health Developmental Disabilities Division (DMH) of
			 neglect, abuse, or exploitation by any individual or caregiver, as well as a
			 brief statement by any individual disputing the findings. In the case of
			 inquiries to the registry concerning an individual listed in the registry, any
			 information disclosed concerning an indicated finding shall also include
			 disclosure of any statement in the registry relating to the finding or a clear
			 and accurate summary of such statement. Individuals shall be notified in
			 writing prior to submission of their names and related information to the
			 registry and allowed the opportunity for a hearing in the event the individual
			 disputes the findings.
(3) In
			 addition to the definitions utilized by Department of Human Resources in
			 Section 38-9-8,
Code of Ala.
			 1975
,
Department of Mental Health shall utilize
			 the following additional definitions in determining if a finding of abuse,
			 neglect, or exploitation is indicated against a recipient of DMH Developmental
			 Disabilities Division services:
(a) Subject
			 Individual: Individual or caregiver whereby abuse, neglect, or exploitation has
			 been indicated and is subjected to placement on DHR's abuse registry.
(b) Physical Abuse: The intentional
			 infliction of physical pain, injury, or willful deprivation of necessary
			 services to maintain physical and mental health by a caregiver or other
			 person.
(c) Sexual Abuse: Any
			 conduct that is a crime as defined in Sections
			 13A-6-60 to
			 13A-6-70,
Code of
			 Ala. 1975
.
Forms of sexual abuse include, but are
			 not limited to, unwanted or non consensual sexual contact or activity using
			 force, coercion or threats, rape, incest, sodomy, and indecent
			 exposure.
(d) Verbal Abuse: The
			 infliction of disparaging and angry outbursts such as name calling, blaming,
			 threatening, or making derogatory comments that demean or could reasonably be
			 expected to cause shame, ridicule, humiliation, or emotional
			 distress.
(e) Neglect: The
			 intentional or unintentional failure of a provider to provide food, shelter,
			 clothing, medical services, supervision, or basic needs for safety for an
			 individual who is unable to care for himself or herself.
(f) Mistreatment: Any act or threat of
			 intimidation, harassment, or similar deed to cause harm or create the fear of
			 harm to a vulnerable person by the caregiver or another person.
(g) Exploitation: The expenditure,
			 diminution, or use of the property, assets, or resources of a person subject to
			 protection under the provision of Sections
			 38-9-1 through 11,
Code of Ala. 1975
, without the express voluntary
			 consent of that person or legally authorized representative.