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26-2A-104.1
Section 26-2A-104.1 Corporations as guardians for developmentally disabled. (a) The term "developmentally
disabled" means a person whose impairment of general intellectual functioning or adaptive
behavior which is manifested before the person attains the age of 22 and results in intellectual
disability, cerebral palsy, epilepsy or autism and as defined in Public Law 98-527, the Developmental
Disabilities Assistance and Bill of Rights Act (Section 102(7)). (b) A private non-profit
corporation organized under the laws of Alabama and qualified under the Internal Revenue Code
as a 501(c)(3) tax exempt corporation as described herein is qualified for designation as
guardian for persons with developmental disabilities and who has been determined by the probate
court to need some degree of guardianship; provided that those corporations qualifying under
this section shall be governed by a board of directors which shall have no fewer than 35 percent
of its membership representing parents or...
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21-3A-3
Section 21-3A-3 Definitions. The following words and phrases used in this chapter have the
following respective meanings unless the context clearly indicates otherwise: (1) COUNCIL.
The Interagency Coordinating Council as established in Section 21-3A-4. (2) EARLY INTERVENTION
SERVICES. Any developmental services that: a. Are provided under public supervision. b. Are
designed to meet the developmental needs of each eligible child and the needs of the family
related to enhancing the development of the child. c. Are selected in collaboration with the
parents. d. Are provided by qualified personnel as determined by the personnel standards of
the state, the standards of the early intervention program, and the regulations. e. Are provided
in conformity with an individualized family service plan. f. Meet the requirements of Public
Law 99-457 as amended (20 U.S.C. ยงยง1471 to 1485, inclusive), and the early intervention
standards of the State of Alabama. g. Are provided, to the extent...
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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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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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12-15-301
Section 12-15-301 Definitions. For purposes of this article, the following words and phrases
shall have the following meanings: (1) ABANDONMENT. A voluntary and intentional relinquishment
of the custody of a child by a parent, or a withholding from the child, without good cause
or excuse, by the parent, of his or her presence, care, love, protection, maintenance, or
the opportunity for the display of filial affection, or the failure to claim the rights of
a parent, or failure to perform the duties of a parent. (2) AGE APPROPRIATE or DEVELOPMENTALLY
APPROPRIATE. Activities or items that are generally accepted as suitable for children of the
same chronological age or level of maturity or that are determined to be developmentally appropriate
for a child based on the development of cognitive, emotional, physical, and behavioral capacities
that are typical for an age or age group and, in the case of a specific child, activities
or items that are suitable for the child based on the...
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38-9A-2
Section 38-9A-2 Individual and Family Support Program. (a) The Individual and Family Support
Program is created and shall be administered through a system of regional support councils
and their affiliated community councils and a state council. One regional support council
is created and incorporated as a private nonprofit corporation in each of the mental retardation
regions as defined by the Department of Mental Health. The regional support councils and their
affiliated community councils may receive and accept funds, real estate, and other items of
value from state agencies and other organizations, and enter into any necessary agreements
and contracts for the purposes of implementing this chapter. Councils may employ adequate
staff personnel including a state coordinator to implement the program. If staff personnel
are employed through a fiscal agent or other entity apart from the council, a memorandum of
understanding which defines the roles and responsibilities of the staff shall...
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22-57-4
Section 22-57-4 Alabama Interagency Autism Coordinating Council - Composition. (a) The composition
of the council shall reflect the racial, gender, geographic, urban and rural, and economic
diversity of the state and shall include all of the following: (1) Three adult individuals
with ASD, appointed by the Governor. (2) Three individuals who are the parent or guardian
of a child with ASD, appointed by the Governor. (3) Five individuals who are service providers,
appointed by the Governor. (4) One member of the Senate, appointed by the President of the
Senate. (5) One member of the House of Representatives, appointed by the Speaker of the House.
(6) The chief executive officer, or his or her designee, of each of the following participating
agencies: a. The Alabama Department of Early Childhood Education. b. The Alabama Institute
for Deaf and Blind. c. The Alabama Department of Education. d. The Alabama Department of Human
Resources. e. The Alabama Department of Insurance. f. The Alabama...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be dependent,
the juvenile court may make any of the following orders of disposition to protect the welfare
of the child: (1) Permit the child to remain with the parent, legal guardian, or other legal
custodian of the child, subject to conditions and limitations as the juvenile court may prescribe.
(2) Place the child under protective supervision under the Department of Human Resources.
(3) Transfer legal custody to any of the following: a. The Department of Human Resources.
b. A local public or private agency, organization, or facility willing and able to assume
the education, care, and maintenance of the child and which is licensed by the Department
of Human Resources or otherwise authorized by law to receive and provide care for the child.
c. A relative or other individual who, after study by the Department of Human Resources, is
found by the juvenile court to be qualified to receive and care for the...
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26-2A-20
Section 26-2A-20 General definitions. As used in this chapter the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
CLAIMS. In respect of a protected person, includes liabilities of the protected person, whether
arising in contract, tort, or otherwise, and liabilities of the estate which arise at or after
the appointment of a conservator, including expenses of administration. (2) CONSERVATOR. A
person who is appointed by a court to manage the estate of a protected person and includes
a limited conservator described in Section 26-2A-148(a). (3) COURT. A probate court of this
state. (4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective proceeding
who is trained in law, nursing, or social work, is an officer, employee, or special appointee
of the court, and has no personal interest in the proceeding. (5) DISABILITY. Cause for a
protective order as described in Section 26-2A-130. (6) ESTATE. Includes...
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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have the
following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE FACILITY.
A person or entity holding a Department of Human Resources license or approval or certification
to provide care, including foster care, for adults. (3) APPLICANT. A person or entity who
submits an application for license as a child care or adult care facility to the Department
of Human Resources or a child placing agency, or an application for employment or for a volunteer
position to a Department of Human Resources licensed child care or adult care facility. With
regard to child care and adult care facilities in a home setting, the term includes an adult
household member whose residence is in the home. The term also includes an individual who
submits an application for a volunteer position or for employment with the Department of Human
Resources in a position in which the person has unsupervised...
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