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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