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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-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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15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial
role in determining indigency. The trial judge shall determine, in accordance with the policies
and procedures established by the Office of Indigent Defense Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, the presiding judge or chief justice of the appellate court shall determine if the appellant
or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining
indigency, the judge shall recognize ability to pay as a variable...
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26-14-1
Section 26-14-1 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them by this section: (1) ABUSE. Harm or threatened
harm to a child's health or welfare. Harm or threatened harm to a child's health or welfare
can occur through nonaccidental physical or mental injury, sexual abuse or attempted sexual
abuse, or sexual exploitation or attempted sexual exploitation. Sexual abuse includes the
employment, use, persuasion, inducement, enticement, or coercion of any child to engage in,
or having a child assist any other person to engage in, any sexually explicit conduct or any
simulation of the conduct for the purpose of producing any visual depiction of the conduct;
or the rape, molestation, prostitution, or other form of sexual exploitation of children,
or incest with children as those acts are defined by Alabama law. Sexual exploitation includes
allowing, permitting, or encouraging a child to engage in prostitution and...
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25-5-336
Section 25-5-336 Employee assistance program or resource file of employee assistance providers.
(a) If an employer has an employee assistance program, the employer shall inform the employee
of the benefits and services of the employee assistance program. In addition, the employer
shall provide the employee with notice of the policies and procedures regarding access to
and utilization of the program. (b) If an employer does not have an employee assistance program,
the employer shall maintain a resource file of providers of other employee assistance including
drug and alcohol abuse programs, mental health providers, and other persons, entities, or
organizations available to assist employees with personal or behavioral problems and shall
notify the employee of the availability of the resource file. In addition, the employer shall
post in a conspicuous place a listing of providers or employee assistance in the area. (Acts
1995, No. 95-535, p. 1082, §7.)...
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38-3-8
Section 38-3-8 Powers and responsibilities of the department. The Department of Senior Services
shall: (1) Be the designated state agency to administer programs of the federal government
relating to the aged, requiring action within the state, that are not the specific responsibility
of another state agency under federal or state statutes and to administer programs for the
aged when designated as an operating agency by another state agency. The department may not
take over from another state agency any of the specific responsibilities held by such other
state agency nor may the department withhold from another state agency any state or federal
funds designated for programs administered by that agency. The department shall be the state
agency to administer funds granted by the federal government under the "Older Americans
Act of 1965," 42 U.S.C. §3001, as amended, except for programs administered by another
state agency. The department shall cooperate with federal and state agencies,...
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26-16-10
Section 26-16-10 Child Abuse and Neglect Prevention Board - Criteria for making grants to local
councils. In making grants to a local council, the state board shall consider the degree to
which the local council meets the following criteria: (1) Has as its primary purpose the development
and facilitation of a collaborative community prevention program in a specific geographical
area. The prevention program shall utilize trained volunteers and existing community resources
wherever practicable. (2) Is administered by a board of directors composed of an equal number
of members from the following two groups: a. A representative from each of the following local
agencies: The county department of human resources, the county public health department, a
mental health representative, the office of the prosecuting attorney, a local law enforcement
agency, a school district, and a number of private, local agencies that provide treatment
or prevention services for abused and neglected children and...
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15-22-37
Section 15-22-37 Rulemaking authority. (a) The Board of Pardons and Paroles may adopt rules,
not inconsistent with the provisions of this article, touching upon all matters dealt with
in this article, including, among others, practice and procedure in matters pertaining to
paroles, pardons, and remission of fines and forfeitures; provided, however, that no rule
adopted by the board shall have the effect of denying to any person whose application for
parole or the revocation of whose parole is being considered by the board from having the
benefit of counsel or witnesses upon the hearing. (b) The Board of Pardons and Paroles shall
adopt rules to do the following: (1) Establish a program of limited supervision for parolees
who qualify addressing eligibility using validated risk and needs assessments, as defined
in Section 12-25-32, transfers among levels of supervision, to include guidelines for the
transfer of lower-risk individuals to an administrative form of parole, and reporting...
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13A-6-191
Section 13A-6-191 Definitions. For purposes of this chapter, the following terms shall have
the following meanings: (1) CAREGIVER. An individual who has the responsibility for the care
of an elderly person as a result of family relationship or who has assumed the responsibility
for the care of the person voluntarily, for pecuniary gain, by contract, or as a result of
the ties of friendship. (2) DECEPTION. Deception occurs when a person knowingly: a. Creates
or confirms another's impression which is false and which the defendant does not believe to
be true. b. Fails to correct a false impression which the defendant previously has created
or confirmed. c. Fails to correct a false impression when the defendant is under a duty to
do so. d. Prevents another from acquiring information pertinent to the disposition of the
property involved. e. Sells or otherwise transfers or encumbers property, failing to disclose
a lien, adverse claim, or other legal impediment to the enjoyment of the...
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16-22A-3
Section 16-22A-3 Definitions. When used in this chapter only, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
APPLICANT. A certified or noncertified individual who submits an application for employment
to a local employing board or any nonpublic school, to act in any capacity in which the individual
will have unsupervised access to children in an educational environment. (2) APPLICANT FOR
CERTIFICATION. An individual who submits an application for certification issued by the State
Superintendent of Education. (3) AUTHORIZED EMPLOYER. Any educational entity authorized to
obtain criminal history background information, including the State Department of Education,
local employing boards, and nonpublic schools which are responsible for hiring employees or
contracting with private employers to provide personnel who have unsupervised access to children
in an educational setting. (4) CERTIFIED APPLICANT FOR EMPLOYMENT. A...
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