38-9C-3
Section 38-9C-3 Definitions. As used in this chapter, the following words shall have the following meanings: (1) DEVELOPMENTAL DISABILITY. A disability that includes the following items: a. Is attributable to a mental, cognitive, or physical impairment, or any combination of mental, cognitive, and physical impairments. b. Is manifested before the individual attains age 22 except in cases of traumatic brain injury when age is not a variable. c. Is likely to continue indefinitely. d. Results in substantial functional limitations in three or more of the following areas of major life activities: 1. Self-care. 2. Receptive and expressive language. 3. Learning. 4. Mobility. 5. Self-direction. 6. Capacity for independent living. 7. Gainful employment. (2) TRAUMATIC BRAIN INJURY. An injury to the brain, not of degenerative or congenital nature but caused by an external physical force, that may produce a diminished or altered state of consciousness, which results in impairment of cognitive...
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21-7-1
and working. (5) PHYSICAL OR MENTAL IMPAIRMENT. A physiological disorder or condition, disfigurement, or anatomical loss that affects one or more bodily functions, or a mental or psychological disorder that meets one of the diagnostic categories specified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, such as an intellectual or developmental disability, organic brain syndrome, traumatic brain injury, post traumatic stress disorder, or mental illness. (6) PUBLIC ACCOMMODATION. A common carrier, airplane, motor vehicle, railroad train, motor bus, streetcar, boat, or other public conveyance or mode of transportation, a hotel, a timeshare that is a transient public lodging establishment, a lodging place, a place of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and...
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38-9A-1
of people with a developmental disability and their family members who supervise the implementation of the program in its designated community consistently with the policies and procedures of the regional council. (e) DEVELOPMENTAL DISABILITY. A severe chronic disability of a person that: (1) Is attributable to a mental or physical impairment or a combination of mental and physical impairments. (2) Is manifested before the person attains the age of 22, except in the case of traumatic brain injury in which age is not a factor. (3) Is likely to continue indefinitely. (4) Results in a substantial functional limitation in three or more of the following major life activities: a. Capacity for independent living. b. Economic self-sufficiency. c. Learning. d. Mobility. e. Receptive and expressive language. f. Self care. g. Self-direction. (5) Reflects a need of the person for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are...
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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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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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38-9C-5
Section 38-9C-5 Providers who contract with agencies or programs required to develop written policies to ensure rights. All providers who contract or subcontract with any federal, state, or local agency or program to provide services in the State of Alabama to persons with developmental disabilities or traumatic brain injury in Alabama shall develop and implement written policies and procedures to ensure the rights enumerated above are observed by the provider in discharging its contractual or subcontractual duties and responsibilities. At a minimum, these policies and procedures shall provide for the following: (1) Affirm and safeguard the rights stated in this chapter. (2) Provide that prompt, reasonable action be taken to prevent the potential for further abuse while an investigation is in process. (3) Provide for a prompt and thorough investigation of all allegations of abuse, exploitation, or neglect by trained, experienced personnel delegated with all necessary authority. (4)...
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34-39-3
THERAPY. a. The practice of occupational therapy means the therapeutic use of occupations, including everyday life activities with individuals, groups, populations, or organizations to support participation, performance, and function in roles and situations in home, school, workplace, community, and other settings. Occupational therapy services are provided for habilitation, rehabilitation, and the promotion of health and wellness to those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction. Occupational therapy addresses the physical, cognitive, psychosocial, sensory-perceptual, and other aspects of performance in a variety of contexts and environments to support engagement in occupations that affect physical and mental health, well-being, and quality of life. The practice of occupational therapy includes: 1. Evaluation of factors affecting activities of daily living...
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16-39-2
of representatives from the fields of medicine, education, and psychology whenever practicable. The committee, after study of all data available on each exceptional child, shall make recommendations concerning each child's admission to a school program or class or withdrawal from a school program or class. (4) RETARDED. Having subaverage general intellectual functioning which: a. Either originates during the developmental period or results from brain damage caused by disease or physical injury occurring subsequent to the developmental period; and b. Is associated with impairment in adaptive behavior. (5) SCHOOL BOARD. A county, municipal, or other board of education in the State of Alabama and the school district associated therewith. (6) SPECIALIST. A physician, psychologist, psychometrist, or other professional personnel qualified pursuant to regulations established by the State Board of Education to examine children for the purpose of determining whether they are exceptional...
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38-13-2
Place of abode, domicile, or dwelling with intention to remain permanently and continuously or for an indefinite or uncertain length of time. (30) SEX CRIME. Includes any sex offense listed in Section 15-20A-5. (31) SUITABILITY CRITERIA. a. Convictions for any of the following crimes shall make an individual unsuitable for employment, volunteer work, approval, or licensure: 1. A violent offense as defined in Section 12-25-32. 2. A sex crime. 3. A crime that involves the physical or mental injury or maltreatment of a child, the elderly, or an individual with disabilities. 4. A crime committed against a child. 5. A crime involving the sale or distribution of a controlled substance. 6. A crime or offense committed in another state or under federal law which would constitute any of the above crimes in this state. b. Conviction for any crime listed in the Adoption and Safe Families Act, 42 U.S.C. ยง 671(a)(20) shall disqualify a person from being approved or continuing to be approved...
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25-5-57
Section 25-5-57 Compensation for disability. (a) Compensation schedule. Following is the schedule of compensation: (1) TEMPORARY TOTAL DISABILITY. For injury producing temporary total disability, the compensation shall be 66 2/3 percent of the average weekly earnings received at the time of injury, subject to a maximum and minimum weekly compensation as stated in Section 25-5-68, but if at the time of injury the employee received average weekly earnings of less than the minimum stated in Section 25-5-68, then he or she shall receive the full amount of the average weekly earnings per week. This compensation shall be paid during the time of the disability, but at the time as a temporary total disability shall become permanent, compensation for the continued total disability shall be governed by (a)(4) of this section with respect to permanent total disability. Payments are to be made at the intervals when the earnings were payable, as nearly as may be, unless the parties otherwise agree....
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