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38-9-3
Section 38-9-3 Legislative findings and intent. The legislature recognizes that there are many
adult citizens of the state who, because of the infirmities of age, disabilities or like incapacities,
are in need of protective services. Such services should, to the maximum degree of feasibility,
allow the individual the same rights as other citizens, and at the same time protect the individual
from exploitation, neglect, abuse and degrading treatment. This chapter is designed to establish
those services and assure their availability to all persons when in need of them, and to place
the least possible restriction on personal liberty and exercise of constitutional rights consistent
with due process and protection from abuse, exploitation and neglect. (Acts 1977, No. 780,
p. 1340, ยง1.)...
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38-9C-4
Section 38-9C-4 Rights. The rights of persons with developmental disabilities and traumatic
brain injury include, but are not limited to, all of the following: (1) The right to exercise
the rights of citizens of the United States and the State of Alabama. (2) The right to access
a full array of services appropriate for them as individuals. (3) The right to inclusion in
the community. (4) The right to live, work, be educated, and recreate with people who do not
have disabilities. (5) The right to be presumed competent until a court of competent jurisdiction
determines otherwise. (6) The right to social interaction with members of either sex. (7)
The right to vote and otherwise participate in the political process according to applicable
laws of the United States and the State of Alabama. (8) The right to free exercise of religion.
(9) The right to confidential handling of personal, financial, and medical records. (10) The
right to own and possess real and personal property. (11) The...
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22-56-4
Section 22-56-4 Rights. (a) Consumers of mental health services have the same general rights
as other citizens of Alabama. These rights include but are not limited to the following: (1)
The right to exercise rights as a citizen of the United States and the State of Alabama. (2)
The right to be served through general services available to all citizens. (3) The right to
choose to live, work, be educated, and recreate with persons who do not have disabilities.
(4) The right to be presumed competent until a court of competent jurisdiction, abiding by
statutory and constitutional provisions, determines otherwise. (5) The right to vote and otherwise
participate in the political process. (6) The right to free exercise of religion. (7) The
right to own and possess real and personal property. Nothing in this section shall affect
existing laws pertaining to conveyance of real or personal property. (8) The right to make
contracts. (9) The right to obtain a driver's license on the same basis as...
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27-60-2
Section 27-60-2 Interstate Insurance Product Regulation Compact. The State of Alabama hereby
agrees to the following interstate compact known as the Interstate Insurance Product Regulation
Compact: ARTICLE I. PURPOSES. The purposes of this compact are, through means of joint and
cooperative action among the compacting states: 1. To promote and protect the interest of
consumers of individual and group annuity, life insurance, disability income, and long-term
care insurance products; 2. To develop uniform standards for insurance products covered under
the compact; 3. To establish a central clearinghouse to receive and provide prompt review
of insurance products covered under the compact and, in certain cases, advertisements related
thereto, submitted by insurers authorized to do business in one or more compacting states;
4. To give appropriate regulatory approval to those product filings and advertisements satisfying
the applicable uniform standard; 5. To improve coordination of...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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38-15-2
Section 38-15-2 Legislative findings. The Legislature finds that there is a substantial need
to protect children and youth from abuse and neglect by persons entrusted with their physical
custody, and from persons or organizations that advertise, hold themselves out, or lead others
to believe that they will provide them with health, therapeutic, rehabilitative, or disciplinary
services, and from persons employed or exercising authority over them, and who they depend
upon to provide the basic necessities of life. The Legislature further finds that abuse and
neglect often take the form of the withholding of the basic necessities of life, including
food, water, shelter, clothing, and health care through an affirmative act or omission. It
is the intent of the Legislature to implement a baseline of registration and regulation requirements
for religious, faith-based, or church nonprofit, other nonprofit, and for profit affiliated
youth residential facilities and institutions that have...
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38-9-2
Section 38-9-2 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) ABUSE. The infliction of physical pain, injury, or the willful
deprivation by a caregiver or other person of services necessary to maintain mental and physical
health. (2) ADULT IN NEED OF PROTECTIVE SERVICES. A person 18 years of age or older whose
behavior indicates that he or she is mentally incapable of adequately caring for himself or
herself and his or her interests without serious consequences to himself or herself or others,
or who, because of physical or mental impairment, is unable to protect himself or herself
from abuse, neglect, exploitation, sexual abuse, or emotional abuse by others, and who has
no guardian, relative, or other appropriate person able, willing, and available to assume
the kind and degree of protection and supervision required under the circumstances. (3) CAREGIVER.
An individual who has the responsibility for the care of a protected...
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38-9-6
Section 38-9-6 Protective placement or other protective services. (a) An interested person
may petition the court to order protective placement or other protective services for an adult
in need of protective services. No protective placement or other protective services may be
ordered unless there is a determination by the court that the person is unable to provide
for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional
abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person,
the court of the circuit in which the person resides shall appoint a day, not more than 30
days from the filing of the petition, for the hearing on the petition. If, on the hearing
of a petition, the person is not represented by counsel, the court shall appoint a guardian
ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing
to serve as the trier of facts. (b) Costs of court proceedings under this...
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12-15-701
Section 12-15-701 Definitions; applicability of prostitution statutes; procedures. (a) For
the purposes of this section, sexually exploited child shall mean an individual under the
age of 18 years who is under the jurisdiction of the juvenile court and who has been subjected
to sexual exploitation because he or she is any of the following: (1) A victim of the crime
of human trafficking sexual servitude as provided in Section 13A-6-150, et seq. (2) Engaged
in prostitution as provided in Section 13A-12-120 or 13A-12-121. (3) A victim of the crime
of promoting prostitution as provided in Section 13A-12-111, 13A-12-112, or 13A-12-113. (b)
A sexually exploited child may not be adjudicated delinquent or convicted of a crime of prostitution
as provided in Section 13A-12-120 or 13A-12-121, or any municipal ordinance prohibiting such
acts. (c) In any proceeding based upon a child's arrest for an act of prostitution, there
is a presumption that the child satisfies the definition of a sexually...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
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