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22-56-7
Section 22-56-7 Abuse, exploitation, neglect - Providers to implement written policies
and procedures. All providers of mental health services in Alabama shall develop and implement
written policies and procedures that prohibit abuse, exploitation, or neglect of consumers
in programs operated by the providers. At a minimum, these policies and procedures shall accomplish
the following: (1) Affirm and safeguard the rights of a consumer stated pursuant to this chapter.
(2) Ensure that prompt action is taken to prevent the potential of further abuse while an
investigation is in process. (3) Provide for an immediate and thorough investigation of all
allegations of abuse, exploitation, or neglect by trained, experienced personnel delegated
with all necessary authority. The status of all investigations shall be reported to the administrator(s)
of the program or his or her designated representative on a continuous basis. (4) Establish
reasonable and appropriate corrective action, including...
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26-23A-10
Section 26-23A-10 Remedies. In addition to whatever remedies are available under the
common or statutory law of this state, failure to comply with the requirements of this chapter
shall: (1) Provide a basis for a civil action for compensatory and punitive damages. Any conviction
under this chapter shall be admissible in a civil suit as prima facie evidence of a failure
to obtain an informed consent or parental or judicial consent. The civil action may be based
on a claim that the act was a result of simple negligence, gross negligence, wantonness, willfulness,
intention, or other legal standard of care. (2) Provide a basis for professional disciplinary
action under any applicable statutory or regulatory procedure for the suspension or revocation
of any license for physicians, psychologists, licensed social workers, licensed professional
counselors, registered nurses, or other licensed or regulated persons. Any conviction of any
person for any failure to comply with the requirements of...
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26-2A-104
Section 26-2A-104 Who may be guardian; priorities. (a) Any qualified person may be appointed
guardian of an incapacitated person. (b) Unless lack of qualification or other good cause
dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated
person's most recent nomination in a durable power of attorney. (c) Except as provided in
subsection (b), the following are entitled to consideration for appointment in the order listed:
(1) The spouse of the incapacitated person or a person nominated by will of a deceased spouse
or by other writing signed by the spouse and attested by at least two witnesses or acknowledged;
(2) An adult child of the incapacitated person; (3) A parent of the incapacitated person,
or a person nominated by will of a deceased parent or by other writing signed by a parent
and attested by at least two witnesses or acknowledged; (4) Any relative of the incapacitated
person with whom the person has resided for more than six months prior...
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30-3-10
Section 30-3-10 Equal opportunity for blind individuals; supportive parenting services.
(a) For the purposes of this section, the following terms have the following meanings:
(1) BLINDNESS. A central visual acuity of 20/200 or less in the better eye with the use of
a correcting lens. An eye that has a limitation in the field of vision so that the widest
diameter of the visual field subtends an angle no greater than 20 degrees is considered to
have a central visual acuity of 20/200 or less. The term also includes a degenerative condition
that reasonably can be expected to result in blindness. (2) SUPPORTIVE PARENTING SERVICES.
Services that may assist a blind parent or prospective blind parent in the effective use of
non-visual techniques and other alternative methods to enable the parent or prospective parent
to discharge parental responsibilities as successfully as a parent who is not blind. (b) The
Legislature finds the following: (1) Blind individuals should be given equal...
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30-3-114
Section 30-3-114 Amount. The order of retroactive support shall be a sum certain judgment
and may cover all periods in which the non-supporting parent failed to provide support. For
all time periods in which support is requested, the court shall consider the needs of the
child or children and the ability of the parents to respond to these needs, and shall determine
the amount of support due for each period by application of the child support guidelines found
in Rule 32 of the Alabama Rules of Judicial Administration based upon the circumstances during
the time period for which support is sought. If the judgment for retroactive support includes
support due for a period of time in which aid was paid by the Department of Human Resources
and an assignment of support rights thereby exists under Section 38-10-4 and Section
38-10-5, the department shall be entitled to recover any support due the department under
Section 38-10-6. (Acts 1994, No. 94-213, p. 298, ยง5.)...
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38-15-3
Section 38-15-3 Definitions. For the purposes of this chapter, the following terms shall
have the following meanings: (1) CHILD. A person under the age of 18 years. (2) COMMUNITY
TREATMENT FACILITY FOR YOUTHS. A religious, faith-based, or church nonprofit, other nonprofit,
or for profit youth residential facility that provides mental health treatment services to
children in a group setting and that has the capacity to provide secure containment. (3) DEPARTMENT.
The State Department of Human Resources. (4) DIRECTOR. The Director of the State Department
of Human Resources. (5) LONG TERM YOUTH RESIDENTIAL FACILITY. A religious, faith-based, or
church nonprofit, other nonprofit, or for profit long term residential facility, group care
facility, or similar facility as determined by the director, providing 24-hour nonmedical
care of youth in need of personal services, supervision, or assistance essential for sustaining
the activities of daily living or for the protection of the child and...
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6-5-680
Section 6-5-680 Definitions. For the purposes of this article, the following words shall
have the following meanings: (1) ASBESTOS CLAIM. Any claim, wherever or whenever made, for
damages, losses, indemnification, contribution, or other relief arising out of, based on,
or in any way related to asbestos, including: a. The health effects of exposure to asbestos,
including any claim for: 1. Personal injury or death. 2. Mental or emotional injury. 3. Risk
of disease or other injury. 4. The costs of medical monitoring or surveillance, to the extent
these claims are recognized under state law. b. Any claim made by or on behalf of a person
exposed to asbestos, or a representative, spouse, parent, child, or other relative of the
person. c. Any claim for damage or loss caused by the installation, presence, or removal of
asbestos. (2) CORPORATION. A corporation for profit, including a domestic corporation organized
under the laws of this state, or a foreign corporation organized under laws other...
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22-5A-4
Section 22-5A-4 Selection of community ombudsmen; training; certification; duties; area
plan to describe program; notification of department as to prospective ombudsmen; advisory
committee on program. (a) Each area agency on aging funded by the department shall select
at least one community ombudsman in each planning and service area established according to
regulations issued pursuant to the Older Americans Act of 1965, as amended. The community
ombudsman shall be an employee or contractual employee of the area agency on aging and shall
certify to having no association with any health care facility or provider for reward or profit.
(b) The duties of each community ombudsman shall be as follows: (1) To receive, investigate,
respond to, and attempt informally to resolve complaints made by or on behalf of recipients;
(2) To report immediately instances of fraud, abuse, neglect, or exploitation to the department
of pensions and security for investigation and follow-up pursuant to Chapter...
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26-1A-116
Section 26-1A-116 Judicial relief. (a) The following persons may petition a court to
construe a power of attorney, determine the validity of a power of attorney, or review the
agent's conduct, and grant appropriate relief: (1) the principal or the agent; (2) a guardian,
conservator, or other fiduciary acting for the principal; (3) a person authorized to make
health care decisions for the principal; (4) the principal's spouse, parent, or descendant;
(5) an individual who would qualify as a presumptive heir of the principal; (6) a person named
as a beneficiary to receive any property, benefit, or contractual right on the principal's
death or as a beneficiary of a trust created by or for the principal that has a financial
interest in the principal's estate; (7) a governmental agency having regulatory authority
to protect the welfare of the principal; (8) the principal's caregiver or another person that
demonstrates sufficient interest in the principal's welfare; (9) a person asked to...
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30-1-9.1
Section 30-1-9.1 Requirements for marriage; validity; construction with other laws.
(a) On August 29, 2019, and thereafter, the only requirement for a marriage in this state
shall be for parties who are otherwise legally authorized to be married to enter into a marriage
as provided in this section. However, the judge of probate shall continue to collect
the recording fee provided for in subdivision (32) of subsection (b) of Section 12-19-90
for each marriage recorded with the judge of probate. Furthermore, at the time the marriage
is recorded, the judge of probate shall also collect the fee provided for in Section
30-6-11, to be distributed as provided in that section. (b) The marriage document required
to be executed by the parties shall contain information to identify the parties as set forth
in Section 22-9A-6, as well as the following minimum information: (1) The full legal
names of both of the parties. (2) A notarized affidavit from each party declaring all of the
following: a....
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