Code of Alabama

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38-9-8
Section 38-9-8 Reports 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...
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38-15-4
Section 38-15-4 Registration of certain youth residential institutions or organizations;
staff training plans; rights of children; licensing and inspection of food preparation areas;
access by law enforcement agencies. (a) Commencing on January 1, 2018, the department shall
register any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated
youth residential facility, youth social rehabilitation facility, community treatment facility
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section, whenever children are housed at the facility or location of the program
for a period of more than 24 hours. At a minimum, registered youth residential institution
or organization under this section shall do all of the following: (1) Be...
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26-14-3
Section 26-14-3 Mandatory reporting. (a) All hospitals, clinics, sanitariums, doctors,
physicians, surgeons, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors,
podiatrists, physical therapists, nurses, public and private K-12 employees, school teachers
and officials, peace officers, law enforcement officials, pharmacists, social workers, day
care workers or employees, mental health professionals, employees of public and private institutions
of postsecondary and higher education, members of the clergy as defined in Rule 505 of the
Alabama Rules of Evidence, or any other person called upon to render aid or medical assistance
to any child, when the child is known or suspected to be a victim of child abuse or neglect,
shall be required to report orally, either by telephone or direct communication immediately,
and shall be followed by a written report, to a duly constituted authority. (b)(1) When an
initial report is made to a law enforcement official, the...
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26-14-7
Section 26-14-7 Duties of Department of Human Resources. (a) The State or County Department
of Human Resources shall make a thorough investigation promptly upon either the oral or written
report. The primary purpose of such an investigation shall be the protection of the child.
(b) The investigation, to the extent that is reasonably possible, shall include: (1) The nature,
extent and cause of the child abuse or neglect; (2) The identity of the person responsible
therefor; (3) The names and conditions of other children in the home; (4) An evaluation of
the parents or person responsible for the care of the child; (5) The home environment and
the relationship of the child or children to the parents or other persons responsible for
their care; and (6) All other data deemed pertinent. (c) The investigation may include a visit
to the child's home, an interview with the subject child, and may include a physical, psychological,
or psychiatric examination of any child or children in that home....
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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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38-12A-2
Section 38-12A-2 Enumeration of rights. The Department of Human Resources shall ensure
that each foster parent shall have all of the following rights: (1) The right to be treated
with dignity, respect, trust, value, and consideration as a primary provider of foster care
and a member of the professional team caring for foster children. (2) The right to receive
information concerning the rights enumerated in this section. (3) The right to a concise
written explanation of their role as foster parents in partnership with children and their
families, the department, and other providers, the role of the department, and the rights
and role of the members of the birth family of a child in foster care. (4) The right to training
and support for the purpose of improving skills in providing daily care and meeting the needs
of the child in foster care. (5) The right to training, consultation, and assistance in evaluating,
identifying, and accessing services to meet their needs related to their role...
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26-14-8
Section 26-14-8 Statewide central registry. (a) For the purposes of this section,
the following words shall have the following meanings, respectively: (1) INDICATED. When credible
evidence and professional judgment substantiates that an alleged perpetrator is responsible
for child abuse or neglect. (2) NOT INDICATED. When credible evidence and professional judgment
does not substantiate that an alleged perpetrator is responsible for child abuse or neglect.
(b) The Department of Human Resources shall establish a statewide central registry for reports
of child abuse and neglect made pursuant to this chapter. The central registry shall contain,
but shall not be limited to: (1) All information in the written report; (2) Record of the
final disposition of the report, including services offered and services accepted; (3) The
names and identifying data, dates, and circumstances of any persons requesting or receiving
information from the registry; provided, however, that requests for...
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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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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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26-16-52
Section 26-16-52 Ad hoc child abuse protection team advisory committee created; composition,
duties, etc.; annual report. Upon October 1, 1985, an ad hoc child abuse protection team advisory
committee shall be created and shall consist of the following members: The Governor of the
State of Alabama or his or her designated representative; the Director of the Department of
Human Resources; the Executive Director of the Child Abuse Trust Fund; the President of the
State Parents Teachers Association; two judges in the State of Alabama that preside over courts
exercising juvenile jurisdiction to be selected by the Chief Justice of the Alabama Supreme
Court; one representative from the Association of County Department of Human Resources County
Directors to be selected by the Governor; the Executive Director of the Office of Prosecution
Services; the Chairman of the Victims Compensation Commission; and two other members selected
by the President of the Child Abuse Trust Fund. The committee...
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