Code of Alabama

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22-5A-2
Section 22-5A-2 Definitions. For the purposes of this chapter, the following words shall have
the meanings ascribed to them by this section: (1) ADMINISTRATOR. Any person charged with
the general administration or supervision of a health care, domiciliary or residential facility
without regard to whether such person has an ownership interest in such facility or to whether
such person's functions and duties are shared with one or more other persons. (2) COMMUNITY
OMBUDSMAN. A person selected by an area agency on aging who is then trained and certified
as such by the commission pursuant to Section 22-5A-4. (3) DEPARTMENT. Department of Senior
Services. (4) HEALTH CARE FACILITY. Any skilled nursing facility, intermediate care facility,
domiciliary, boarding home facility or hospital now or hereafter subject to regulation or
licensure by the Bureau of Licensure and Certification of the State Department of Health or
a county department of health which provides any generally accepted facet...
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26-14-7.1
Section 26-14-7.1 Due process rights for persons under investigation by department. Any person
who comes under investigation by the Department of Human Resources for the abuse or neglect
of a child or children and who is employed by, serves as a volunteer for, holds a license
or certificate for, or is connected with any facility, agency, or home which cares for and
controls any children and which is licensed, approved, or certified by the state, operated
as a state facility, or any public, private, or religious facility or agency that may be exempt
from licensing procedures shall be granted the following due process rights by the Department
of Human Resources: (1) The department shall notify the alleged perpetrator that an investigation
has commenced against him or her after such investigation has officially begun in accordance
with written policies established by the Department of Human Resources. The notice shall be
in writing and shall state the name of the child or children...
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38-12-1
Section 38-12-1 Definitions. 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. (Act 99-437, p. 864, ยง1.)...
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38-7-16
Section 38-7-16 Penalties; burden of proof of relationship. Any person, group of persons, association
or corporation who: (1) Conducts, operates or acts as a child-care facility without a license,
or a six-month permit or an approval to do so in violation of the provisions of this chapter;
(2) Makes materially false statements in order to obtain a license or permit; (3) Fails to
keep the records and make the reports provided under this chapter; (4) Advertises any service
not authorized by the license or permit held; (5) Publishes any advertisement in violation
of this chapter; (6) Receives within this state any child in violation of Section 38-7-15;
(7) Violates any other provision of this chapter or any reasonable rule or regulation adopted
and published by the department for the enforcement of the provisions of this chapter, shall
be guilty of a misdemeanor and shall be fined not less than $100.00 nor more than $1,000.00
or be imprisoned in the county jail not longer than one year,...
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34-2A-1
Section 34-2A-1 Definitions. For purposes of this chapter, the following terms shall have the
following meanings: (1) ASSISTED LIVING ADMINISTRATOR. Any individual who is charged with
the general administration of an assisted living facility or a speciality care assisted living
facility, whether or not the individual has an ownership interest in the facility, and whether
or not his or her functions and duties are shared with one or more other individuals. (2)
ASSISTED LIVING FACILITY. Any facility, including both assisted living facilities and speciality
care assisted living facilities, that is defined as such for licensing purposes pursuant to
Section 22-21-20. For purposes of this chapter, the term "assisted living facility"
shall not include family assisted living facilities as the term is defined in the rules and
regulations promulgated by the Department of Public Health. (3) BOARD. The Board of Examiners
of Assisted Living Administrators of the State of Alabama. (4) EXECUTIVE...
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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. (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...
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44-1-27
Section 44-1-27 Standards for programs and youth detention facilities; licensing and inspection
of youth detention and foster care facilities. (a) The Department of Youth Services shall
establish and promulgate reasonable minimum standards for the construction and operation of
detention facilities, programs for the prevention and correction of youth delinquency, consultation
from local officials, and subsidies to local delinquency projects. The standards shall include,
but not be limited to, reasonable minimum standards for detention facilities, foster care
facilities, group homes, and correctional institutions. (b) No county, city, public or private
agency, group, corporation, partnership, or individual shall establish, maintain, or operate
any detention facility or any foster care facility for youths found delinquent or in need
of supervision by a juvenile court without a license from the department. A license shall
be required on an annual basis or as determined by the department....
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6-5-332.5
Section 6-5-332.5 Persons who rescue child or incapacitated person from unattended motor vehicle;
public safety officials. (a) As used in this section, the following terms shall have the following
meanings: (1) CHILD. A person who is under nine years of age. (2) INCAPACITATED PERSON. As
defined in Section 26-2A-20. (3) MOTOR VEHICLE. As defined in Section 32-1-1.1. (4) PUBLIC
SAFETY OFFICIAL. An individual employed by a law enforcement agency, fire department, or 911
emergency service. (b) No person shall leave a child or an incapacitated person in a motor
vehicle unattended in a manner that creates an unreasonable risk of injury or harm to the
child or incapacitated person. A vehicle that has an ambient interior temperature of 99 degrees
Fahrenheit or less shall be presumed safe. (c) A person who enters a motor vehicle by force
or otherwise at the direction of a public safety official for the purpose of removing a child
or an incapacitated person from the vehicle shall be immune from...
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12-15-410
Section 12-15-410 Evidence in commitment proceedings for minor and child with an intellectual
disability. (a) At the final hearing upon a petition seeking to commit a minor or child to
the department on the basis that the minor or child is a person with an intellectual disability,
the juvenile court may grant the petition if clear and convincing evidence proves all of the
following: (1) The minor or child sought to be committed is a person with an intellectual
disability. (2) The minor or child is not mildly retarded, as defined by the department. (3)
The minor or child, if allowed to remain in the community, is likely to cause serious injury
to himself, herself, or others, or that adequate care, rehabilitation, and training opportunities
are available only at a facility provided by the department. (b) Upon these findings, the
juvenile court shall enter an order setting forth the findings, and may order the minor or
child committed to the custody of the department. (c) The commissioner...
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22-11A-67
Section 22-11A-67 Records and information necessary to assist investigation. (a) Any health
care worker found to have HBV, HIV, or HCV, or other disease designated by the State Board
of Health and any health care facility at which an infected health care worker is employed
or practices shall make available to the State Board of Health, and to the expert review panel,
any and all patient medical records and other records requested by those groups, except that
records or documents greater than three years old shall not be provided. (b) The following
persons and facilities shall provide to the State Board of Health and the expert review panel
all requested documents or records three years old or less: (1) Any person having knowledge
of a health care worker diagnosed as infected with HIV, HBV, HCV, or other disease designated
by the State Board of Health. (2) The administrator of any health facility having knowledge
of a health care worker diagnosed as infected with HIV, HBV, HCV, or other...
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