38-9-7
Section 38-9-7 Violations; penalties. (a) It shall be unlawful for any person to abuse, neglect, exploit, or emotionally abuse any protected person. For purposes of this section, residence in a nursing home, mental institution, developmental center for people with an intellectual disability, or other convalescent care facility shall be prima facie evidence that a person is a protected person. Charges of abuse, neglect, exploitation, or emotional abuse may be initiated upon complaints of private individuals, as a result of investigations by social service agencies, or on the direct initiative of law enforcement officials. (b) Any person who intentionally abuses or neglects a person in violation of this chapter shall be guilty of a Class B felony if the intentional abuse or neglect causes serious physical injury. (c) Any person who recklessly abuses or neglects a person in violation of this chapter shall be guilty of a Class C felony if the reckless abuse or neglect causes serious...
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26-2B-206
Section 26-2B-206 Appropriate forum. (a) A court of this state having jurisdiction under Section 26-2B-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If a court of this state declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state. (c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including: (1) any expressed preference of the respondent; (2) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation; (3) the...
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38-15-2
Section 38-15-2 Legislative findings. The Legislature finds that there is a substantial need to protect children and youth from abuse and neglect by persons entrusted with their physical custody, and from persons or organizations that advertise, hold themselves out, or lead others to believe that they will provide them with health, therapeutic, rehabilitative, or disciplinary services, and from persons employed or exercising authority over them, and who they depend upon to provide the basic necessities of life. The Legislature further finds that abuse and neglect often take the form of the withholding of the basic necessities of life, including food, water, shelter, clothing, and health care through an affirmative act or omission. It is the intent of the Legislature to implement a baseline of registration and regulation requirements for religious, faith-based, or church nonprofit, other nonprofit, and for profit affiliated youth residential facilities and institutions that have...
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26-16-2
Section 26-16-2 Definitions. As used in this article, the following words and phrases shall have the meanings herein ascribed to them: (1) CHILD. A person under 18 years of age. (2) CHILD ABUSE. Harm or threatened harm to a child's health or welfare by a person responsible for the child's health or welfare, which harm occurs or is threatened through nonaccidental physical or mental injury; sexual abuse, which includes a violation of any provision of Article 4, Chapter 6, Title 13A. (3) CULTURAL COMPETENCY. The ability of an individual or organization to understand and act respectfully toward, in a cultural text, the beliefs, interpersonal styles, attitudes, and behaviors of persons and families of various cultures, including persons and families of various cultures who participate in services from the individual or organization and persons of various cultures who provide services for the individual or organization. (4) DEPARTMENT. The Department of Child Abuse and Neglect Prevention....
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12-13-21
Section 12-13-21 Appointment of guardian for developmentally disabled person. (a) The term "developmentally disabled" person, means a person whose impairment of general intellectual functioning or adaptive behavior meets the following criteria: (1) It has continued since its origination or can be expected to continue indefinitely. (2) It constitutes a substantial burden to the impaired person's ability to perform normally in society. (3) It is attributed to one or more of the following: a. Mental retardation, cerebral palsy, epilepsy, or autism. b. Any other condition of a person found to be closely related to mental retardation because it produces a similar impairment or requires treatment and services similar to those required for a person who is mentally retarded c. Dyslexia resulting from a condition described in subparagraph a or b. (b) Guardianship for a developmentally disabled person shall be utilized only as is necessary to promote and protect the well being of the person,...
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16-22A-2
Section 16-22A-2 Legislative intent. Under the National Child Protection Act of 1993, Public Law 103-209, 42 U.S.C. 5119, et seq., the states are required to implement a computerized information system to provide child abuse crime information through the Federal Bureau of Investigation National Criminal History Record Information System and may conduct a nationwide criminal history background information check for the purpose of determining whether an individual who will have unsupervised access to children is suitable for employment or has been convicted of a crime that bears upon the fitness of the individual to teach or have responsibility for the safety and well-being of children as defined in this chapter. The Legislature finds that there is a compelling state interest and it is in the best interest of the children of Alabama to protect them from those persons who may inflict physical or mental injury or abuse, sexual abuse or exploitation, or maltreatment or other mistreatment...
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38-13-1
Section 38-13-1 Legislative findings and intent. Under the National Child Protection Act of 1993, Public Law 103-209, 42 U.S.C. ยง 5119, et seq., the states are permitted to implement a computerized information system to provide child abuse crime information through the Federal Bureau of Investigation National Criminal History Record Information System. The states may conduct a nationwide criminal history background check for the purpose of determining whether an individual who shall have unsupervised access to children, the elderly, or individuals with disabilities has been convicted of a crime that bears upon the fitness of the individual to provide care to or have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities as defined in this chapter. The Legislature finds that there is an important state interest and it is in the best interest of the children, the elderly, and individuals with disabilities of Alabama to protect them from...
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26-16-51
Section 26-16-51 Department of Human Resources to adopt guidelines and criteria; general role and functions of teams. The Department of Human Resources shall adopt guidelines and criteria relating to the operations and functions of the team as promulgated by the advisory committee created pursuant to Section 26-16-52. The guidelines will be supplemental to the existing protective service activities of the children, youth, and family programs of the State of Alabama. Nothing in this section shall be construed to remove or reduce the duty and responsibility of any person to report all suspected or actual cases of child abuse or neglect or sexual abuse of a child pursuant to law. The general role of the teams shall be to support activities of the program and to provide services to abused and neglected children upon referral by the county departments of human resources, or any other agency as set forth in the guidelines and criteria established. To the extent that resources are available...
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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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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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