Code of Alabama

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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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38-9F-4
Section 38-9F-4 Issuance of elder abuse protection orders. (a) The following courts shall have
jurisdiction to issue elder abuse protection orders under this chapter: (1) Circuit courts.
(2) A special circuit court judge appointed pursuant to Section 12-1-14 or 12-1-14.1. (3)
A district court judge designated by a written standing order from the presiding circuit court
judge. (b) An elder abuse protection order may be requested in any pending civil or domestic
relations action, as an independent civil action, or in connection with the preliminary, final,
or post-judgment relief in a civil action. (c) A petition for an elder abuse protection order
may be filed in any of the following locations: (1) Where the plaintiff or defendant resides.
(2) Where the plaintiff is temporarily located if he or she has left his or her residence
to avoid further abuse. (3) Where the abuse occurred. (d) There is no minimum period of residence
for the plaintiff in the State of Alabama or in the county in...
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13A-6-131
Section 13A-6-131 Domestic violence - Second degree. (a)(1) A person commits the crime of domestic
violence in the second degree if the person commits the crime of assault in the second degree
pursuant to Section 13A-6-21; the crime of intimidating a witness pursuant to Section 13A-10-123;
the crime of stalking pursuant to Section 13A-6-90; the crime of burglary in the second or
third degree pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of criminal mischief in
the first degree pursuant to Section 13A-7-21 and the victim is a current or former spouse,
parent, step-parent, child, step-child, any person with whom the defendant has a child in
common, a present household member, or a person who has or had a dating relationship with
the defendant. (2) For the purposes of this section, a household member excludes non-romantic
or non-intimate co-residents, and a dating relationship means a current or former relationship
of a romantic or intimate nature characterized by the expectation...
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26-16-3
Section 26-16-3 Child Abuse and Neglect Prevention Board - Board created; department created;
director; staff. (a) The State Child Abuse and Neglect Prevention Board is created as an autonomous
agency of the state government. (b) There is created the Department of Child Abuse and Neglect
Prevention which shall operate under the State Child Abuse and Neglect Prevention Board and
consist of a director and such other employees of the department. (c) There shall be a director
of the department appointed by the Governor from a list of candidates submitted under Section
26-16-6(a)(2). The director shall not be a member of the state classified civil service. The
director shall be compensated by a salary payable out of the State Treasury at the times and
in the manner that the salary of other state officials is paid. The exact amount of the director's
salary shall be set by the board. (d) The director shall hire all staff required to exercise
the powers and carry out the duties of the...
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26-16-6
Section 26-16-6 Child Abuse and Neglect Prevention Board - Duties and functions of board and
department. (a) The state board shall do all of the following: (1) Meet not less than twice
annually at the times prescribed in Section 26-16-5(a). (2) Transmit to the Governor a list
of individuals recommended to fill the position of director. (b) The department, with the
approval of the state board, shall do all of the following: (1) Annually develop a state plan
for the distribution of funds from the trust fund. The plan shall assure that an equal opportunity
exists for establishment of prevention programs and receipt of trust fund money among all
geographic areas in this state. The plan shall be transmitted to the Speaker of the House,
the President Pro Tempore of the Senate, to the Governor, and to the Government Finance and
Appropriations Committee of the House of Representatives, or its successor, and the Committee
on Finance and Taxation General Fund of the Senate, or its successor. (2)...
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27-12A-4
Section 27-12A-4 Insurance fraud in the second degree. (a) An act prohibited by Section 27-12A-2,
in cases where the loss or potential loss does not exceed one thousand dollars ($1,000), constitutes
insurance fraud in the second degree. (b) Insurance fraud in the second degree is a Class
C felony. (Act 2012-429, p. 1170, §2.)...
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38-9F-9
Section 38-9F-9 Parties to be issued copies of elder abuse protection order; form of orders.
(a) A copy of an elder abuse protection order shall be issued to the plaintiff, the defendant,
and the law enforcement officials with jurisdiction to enforce the protection order. (b) If
the defendant is appointed as the plaintiff's guardian or conservator, a copy of any protection
order shall be issued to the court that made the appointment. (c) Ex parte and final elder
abuse protection orders shall be in a format as provided by the Administrative Office of Courts.
If a court wishes to provide additional information in these standardized court orders, the
court may attach additional pages containing this additional information. (Act 2017-284, §9.)...

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26-16-11
Section 26-16-11 Child Abuse and Neglect Prevention Board - Promulgation of rules. Not later
than two years after August 8, 1983, the state board shall promulgate rules pursuant to the
Alabama Administrative Procedure Act, Act No. 81-855 of 1981, now codified as Chapter 22 of
Title 41. (Acts 1983, No. 83-736, p. 1198, §11.)...
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26-16-4
Section 26-16-4 Child Abuse and Neglect Prevention Board - Composition; terms; officers and
committees; compensation. (a) The state board shall be composed of the following 14 members:
(1) The Commissioner of the State Department of Human Resources, the State Mental Health Officer,
the State Health Officer, the State Superintendent of Education, and the Secretary of the
Alabama State Law Enforcement Agency or designees authorized to speak on their behalf. (2)
Nine public members appointed by the Governor, one from each of the seven congressional districts
into which the state is divided for the purpose of electing representatives in the United
States Congress, and two from the state at large. As a group, the public members shall demonstrate
knowledge in the area of child abuse and neglect prevention; shall be representative of the
demographic composition of this state; and, to the extent practicable, shall be representative
of all of the following categories: Organized labor, the...
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26-16-9
Section 26-16-9 Child Abuse and Neglect Prevention Board - Disbursement generally. (a) The
state board may authorize the disbursement of available money from the trust fund exclusively
for the following purposes, which are listed in the order of preference for expenditure: (1)
To fund a private nonprofit or public organization in the development or operation of a program
if at least all of the following conditions are met: a. The appropriate local council has
reviewed the program. This paragraph does not apply if a local council does not exist for
the geographic area to be served by the program. b. The organization demonstrates an ability
to match, through money or in-kind services, 50 percent of the amount of any trust fund money
received. Not more than 50 percent of the local match shall be in in-kind services. In-kind
services are subject to the approval of the state board. c. The organization demonstrates
a willingness and ability to provide program models and consultation to...
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