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38-15-4
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section shall be afforded the following rights and any other rights adopted by the department
through rule, which shall be publicly posted and accessible to youth: a. To be afforded dignity
in his or her personal relationships with staff, youth, and other persons. b. To live
in a safe, healthy, and comfortable environment where he or she is treated with respect. c.
To be free from physical, sexual, emotional, or other abuse or corporal punishment. d. To
be granted a reasonable level of personal privacy in accommodations, personal
care and assistance, and visits. e. To confidential care of his or her records and personal
information, and to approve release of those records prior to the release of...
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38-7-2
Section 38-7-2 Definitions. Terms used in this chapter, unless the context otherwise requires,
have the meanings ascribed to them in this section. When not inconsistent with the context,
words used in the present tense include the future, words in the singular number include the
plural number, and words in the plural number include the singular number, and the word "shall"
is always mandatory and not merely directory: (1) CHILD. Any person under 19 years of age,
a person under the continuing jurisdiction of the juvenile court pursuant to Section 12-15-117,
or a person under 21 years of age in foster care as defined by the Department of Human Resources.
(2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD CARE. A child-care facility where more
than 10 children are received and maintained for the purpose of providing them with care or
training or both, or transitional living program services, but does not include: a. Any institution
for child care which is under the ownership or control,...
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38-15-8
Section 38-15-8 Rulemaking authority; authority of department to act in loco parentis; registration
approval required; performance of services in accordance with religious beliefs. (a) On or
before January 1, 2018, the department shall adopt rules to implement this chapter, in consultation
with interested parties, including representatives of any institution with any combination
of organizational characteristics defined by this section, former residents of long-term youth
residential facilities, advocates for youth, and private concerned parties. Until rules are
adopted by the department and become effective any existing child or youth residential organization,
facility, institution, boarding school, or program operating in this state shall be governed
by the rules applicable to residential care facilities regulated by the Department of Human
Resources pursuant to published minimum standards for residential child care facilities. Any
institution, facility, or program subject to this...
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12-15-314
care to participate in activities that are age or developmentally appropriate for the child
based on a reasonable and prudent parent standard, provided the activities are consistent
with provisions of any existing court order, individualized service plan, or promulgated policy
of the department that provides guidance to caregivers concerning the reasonable and prudent
parent standard. The guidance shall include factors for the caregiver to consider prior to
allowing a child to participate in age or developmentally appropriate normal childhood activities.
(2) A caregiver shall be immune from liability in a civil action to recover damages for injury,
death, or loss to person or property that results from a caregiver's decisions using a reasonable
and prudent parent standard. This subsection shall not be construed to remove or limit any
existing liability protection provided by law. (Act 2008-277, p. 441, §18; Act 2010-712,
p. 1744, §13; Act 2016-129, p. 290, §1; Act 2018-273, §1.)...
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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall have
the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense. (2) CHILD.
A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed child daycare
center, a licensed childcare facility, or any other childcare service that is exempt from
licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous that a reasonable
person should know or recognize its location or its address has been provided to local law
enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a trial, a plea
of guilty, a plea of nolo contendere, or an Alford plea regardless of whether adjudication
was withheld. Conviction includes, but is not limited to, a conviction in a United States
territory, a conviction in a federal or military tribunal, including a court martial conducted
by the Armed Forces of the United States, a conviction for an offense committed...
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29-2-105
Section 29-2-105 Coordination council - Composition; meetings; duties. (a) The committee shall
convene a council composed of the chair of the committee or his or her designee and the commissioner
or the commissioner's designee of each department of state government that administers services
to children, youth, and their families, including, but not limited to, the Department of Education,
the Department of Human Resources, the Department of Mental Health, the Department of Public
Health, the Medicaid Agency, the Department of Youth Services, the Department of Rehabilitation
Services, one member from the Alabama Association of County Directors of Human Resources appointed
by that organization, one member from the Alabama Residential Child Care Association appointed
by that organization, two members from the Alabama Foster Parent Association appointed by
that organization, one member from the Juvenile Court Judges Association appointed by that
organization, one guardian ad litem...
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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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22-5A-4
Section 22-5A-4 Selection of community ombudsmen; training; certification; duties; area plan
to describe program; notification of department as to prospective ombudsmen; advisory committee
on program. (a) Each area agency on aging funded by the department shall select at least one
community ombudsman in each planning and service area established according to regulations
issued pursuant to the Older Americans Act of 1965, as amended. The community ombudsman shall
be an employee or contractual employee of the area agency on aging and shall certify to having
no association with any health care facility or provider for reward or profit. (b) The duties
of each community ombudsman shall be as follows: (1) To receive, investigate, respond to,
and attempt informally to resolve complaints made by or on behalf of recipients; (2) To report
immediately instances of fraud, abuse, neglect, or exploitation to the department of pensions
and security for investigation and follow-up pursuant to Chapter...
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41-9-1061
Section 41-9-1061 Purposes, duties. (a) The commission shall study the conditions, needs, issues,
and problems of the criminal justice system in Alabama as it affects girls and women by conducting
walk through inspections of each of the women's correctional facilities and female youth facilities
and shall have unimpeded access to all documents of public record produced, used, and maintained
by entities of the criminal justice system to assess the needs of the beneficiary population
and to assess the impact of the commission's recommendations. (b) The commission shall conduct
beneficiary panels and focus groups to assess needs of the beneficiary population to ensure
the responsiveness and accountability of the criminal justice system. (c) In conducting such
study, the commission shall study best practices regarding women victims and offenders in
Alabama and other states and shall elicit views from experts in the field of criminal justice,
drug treatment, and domestic violence. (d) The...
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41-15B-2.2
5. Provision of other forensic services for children when requested by the council. b. The
Department of Forensic Sciences shall prepare an annual accounting of the distribution of
monies received and the effectiveness of programs implemented pursuant to this chapter and
shall file the accounting with the council before July 1. Sufficient safeguards shall be implemented
to ensure that the new monies increase and not supplant or decrease existing state support.
(12) One-half of one percent of the fund shall be allocated to the Department of Rehabilitation
Services for distribution to one or more of the following: a. Early intervention services
for children from birth through age three and services for children who have traumatic brain
injury. b. Child death review teams pursuant to Article 5 of Chapter 16 of Title 26.
The Department of Rehabilitation Services shall work in cooperation with the Department of
Public Health to administer this paragraph. (Act 99-390, p. 628, §3.)...
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