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title-38•Title 38 — Public Welfare
As used in this title, the following terms shall have the meanings ascribed to them in this section:
(1) DEPARTMENT or STATE DEPARTMENT. The State Department of Human Resources.
(2) BOARD or STATE BOARD. The State Board of Human Resources.
(3) COMMISSIONER. The Commissioner of the State Department of Human Resources.
(4) COUNTY DEPARTMENT. The department of human resources in each of the 67 counties.
(5) COUNTY BOARD. The county board of human resources.
(6) COUNTY DIRECTOR. The director of each county department of human resources.
(7) BLIND ASSISTANCE. Money payments with respect to needy blind persons.
(8) OLD AGE PENSIONS. Money payments with respect to a needy person who has attained the age of 65 years and who has complied with the requirements of this title. Whenever the term “old age assistance” is used in the laws of this state, such term shall mean “old age pensions.”
(9) DEPENDENT CHILD. Any needy child coming within the definition of “dependent child” as defined in the Federal Social Security Act or amendments thereto.
(10) AID TO DEPENDENT CHILDREN. Such term shall have the same meaning as “aid to dependent children” as defined by the Federal Social Security Act or amendments thereto.
(11) AID TO THE PERMANENTLY AND TOTALLY DISABLED. Money payments with respect to a person 18 years of age or older who is permanently and totally disabled.
(12) CASE RECORD MATERIAL. The entire case record file pertaining to inquiries about, applicants for, or recipients of public assistance, including but not limited to, applications, narratives, budgets, face sheets, correspondence, authorizations of assistance, change of status forms, financial and statistical record cards and such other material or forms as have been used from time to time.
(Acts 1951, No. 703, p. 1211, §1; Acts 1955, No. 341, p. 763, §6; Acts 1961, No. 91, p. 105, §1.)
No program of public assistance for the visually handicapped operated in Alabama shall be administered in such a way or manner as to prevent the beneficiaries or recipients thereof from having complete freedom of choice in the selection of professional assistance in conducting any examination of the eyes that may be required as a condition precedent to participation in such program or the receipt of such public assistance; and there shall be no discrimination practiced in any such program as to the kinds of specialists who will be permitted to make such examinations. Examinations made by licensed optometrists, licensed ophthalmologists, and physicians skilled in the treatment of diseases of the eye shall be accepted, paid for and treated alike.
The provisions of this section may be enforced by injunction issued by a court of competent jurisdiction on complaint of any party aggrieved by a violation thereof.
(Acts 1967, No. 510, p. 1225.)
If any otherwise qualified applicant for or recipient of public assistance appears to be incapable, physically or mentally, or both, of managing his public assistance payments, and has no legal guardian, he, his spouse, father, mother, child, brother or sister, with the consent of the Department of Human Resources, or the Department of Human Resources may petition the probate judge for the appointment of a legal representative to handle his public assistance payments only. The petition shall be accompanied by a certificate in writing of a physician which certificate shall state that the physician upon examination believes the applicant or recipient to be physically or mentally, or both, incapable of managing his public assistance payments. The probate judge shall conduct a hearing for the purpose of appointing a competent person as legal representative after notice of at least 10 days in advance to the applicant or recipient, and within 30 days from receipt of the petition. If the probate judge finds that the allegations of the petition are supported by the evidence, he shall issue an order appointing a legal representative. Employees of the Department of Human Resources are expressly prohibited from serving as such legal representatives. When a legal representative is appointed, it shall be his duty to receive and disburse the recipient’s assistance payments on his behalf and to make to the court a true and accurate account thereof annually or as often as required by the court. Funds in the hands of such legal representative shall be expended only for the purpose contemplated by this section and only for the benefit of said public assistance recipient. The appointment of such legal representative shall not be considered as evidence of physical or mental incapacity in any other proceeding, and such appointment shall not be the basis for committing any person to any institution.
The legal representative so appointed may be removed by the probate judge for failure to discharge his duties or at the request of the legal representative. Such representative, upon order of the court, shall make a settlement and a new competent legal representative shall be appointed by the judge with notice to the Department of Human Resources. If an applicant or recipient appears capable of managing his public assistance payments at any time after a legal representative has been appointed for him, the applicant or recipient or the legal representative with the approval of the Department of Human Resources may apply in writing to the probate judge for the legal representative to be discharged. This application must be accompanied by a certificate in writing of a physician stating that after examination of such person he believes him to be capable of managing his public assistance payments. If the probate judge finds the allegations of the petition are supported by the evidence, he shall issue an order discharging the legal representative. Such representative, upon order of the court, shall make a settlement.
(Acts 1965, No. 674, p. 1213, §§1, 2.)
(a) Duty of county board. - The county board of human resources of each county shall on or before January 30, April 30, July 30 and October 30 file or cause to be filed with the probate judge a complete report showing the names of all recipients of public assistance in the county receiving payments under the provisions of this title, together with the amounts paid to each during the preceding month.
(b) Reports open to public inspection; exceptions. - The reports so filed with the probate judge shall be securely bound by him in a separate record book provided for that purpose, which book and all reports contained therein shall be public records and shall be open to public inspection at all times during the regular office hours of the probate judge. However, nothing contained in this section shall be construed to authorize or require the disclosure of any records of the county department of human resources pertaining to adoptions or pertaining to children heretofore or hereafter placed in foster homes for adoption or for other purposes.
(c) Unlawful disclosure or use of names. - Except as provided in this section, it shall be unlawful for any person, firm or corporation to solicit, disclose, receive, make use of or to authorize, knowingly permit, participate in or acquiesce in the use of, any lists or names for commercial or political purposes of any nature, for publication in any newspaper, magazine, other periodical or otherwise, or for any purpose not directly connected with the administration of public assistance.
(d) Penalty for violation. - Any person, firm or corporation that shall wilfully or knowingly violate any provision of this section shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $25.00 nor more than $1,000.00, and may also be imprisoned in the county jail for not more than 60 days.
(e) Conflicts with Social Security Act. - Should any portion or clause of this section be declared or adjudicated to be contrary to or inconsistent with the provisions of the Social Security Act, that portion or clause of this section shall have no further force or effect.
(Acts 1951, No. 321, p. 612, §§1, 2, 3, 5; Acts 1961, Ex. Sess., No. 293, p. 2350.)
If any person who has received any relief, support or maintenance at public charge, under Chapter 8 of this title or as an inmate of any state, county or municipal institution, was at the time of receiving such relief, support or maintenance the owner of property, the authorities charged with the care of the poor of the municipality or the authorities in charge of the institution chargeable with such relief, support or maintenance may file a civil action for and collect the value of the same against such person and against his estate. In any such action or proceeding, the statutes of limitation shall not be placed in defense, but the court may, in its discretion, refuse to enter judgment or allow the claim in favor of the claimant in any case where a parent, wife or child is dependent on such property for support. The records kept by the state, county or municipality, for the purpose of showing names and the value of the relief, support or maintenance furnished, shall be prima facie evidence of such indebtedness.
(Acts 1927, No. 476, p. 521; Code 1940, T. 44, §9.)
(a) The state government and all county and municipal governments in this state are hereby authorized to voluntarily participate in any program which is related to any form of assistance for the aged, including, but not limited to, such programs as senior citizens volunteers, foster grandparents, senior aids, various programs of the Federal Department of Health, Education and Welfare and any other program supported by the federal government, private foundations or other political or private organizations which establish assistance programs for the aged. Participation in said old-age assistance programs may be in the form of moneys, services rendered or any other form of voluntary participation available.
(b) Nothing contained in this section shall be construed to usurp the authority or affect the funding of the Department of Human Resources under the public welfare laws of this state, under other existing laws of this state, as the same may hereafter be amended, or services administered by the Department of Human Resources as the single state agency designated to administer funds and services under state or federal legislation, including, but not limited to, the Federal Social Security Act and the Food Stamp Act of 1964, as amended.
(c) No portion of this section shall be construed to usurp the authority of the Alabama Commission on Aging as the state agency designated as an advocate for Alabama’s senior citizens by the Alabama Legislature, and as the state agency designated to administer the Older Americans Act of 1965, as amended.
(Acts 1975, 3rd Ex. Sess., No. 153.)
TERMINATED BY ACT 2014-438, P. 1622, §4, EFFECTIVE SEPTEMBER 30, 2017
(a) As used in this section, the following words shall have the following meanings:
(1) DRUG. Includes all of the following:
a. A controlled substance for which a medical prescription or other legal authorization is required for purchase or possession, including, but not limited to: An amphetamine, a tetrahydrocannabinol, oxycodone, cocaine, phencyclidine (PCP), an opiate, a barbiturate, a benzodiazepine, a methamphetamine, a propoxyphene, a tricyclic antidepressant, or a metabolite of any of these substances.
b. A drug whose manufacture, sale, use, or possession is forbidden by law.
(2) DRUG SCREENING. Any chemical, biological, or physical instrumental analysis administered by a laboratory certified by the United States Department of Health and Human Services or other licensing agency in this state for the purpose of determining the presence or absence of a drug or its metabolites.
(b) The Department of Human Resources shall implement and administer a drug screening program for any adult applying for temporary cash assistance who is otherwise eligible for the Temporary Assistance for Needy Families (TANF) program and for certain recipients upon reasonable suspicion that the adult uses or is under the influence of a drug. Reasonable suspicion exists if an applicant has a conviction for the use or distribution of a drug within five years prior to the date of the application for TANF temporary cash assistance or if a recipient tested positive for a drug without a valid prescription as a result of a drug screening required under this subsection.
(c) The department shall require each applicant to disclose, under penalty of perjury, any criminal conviction related to the use or distribution of a drug on any application for TANF temporary cash assistance.
(d) The cost of the initial drug screening of each applicant shall be the responsibility of the department. The cost of any subsequent drug screening is the responsibility of the person screened. The department shall reimburse the person for the cost of the drug screening if the person tests negative for a drug.
(e)(1) A person who refuses to take a drug screening or who delays the drug screening beyond the time set by the department is ineligible to receive TANF temporary cash assistance.
(2) A person who tests positive for a drug as a result of a drug screening required under this section and who is unable to produce a valid prescription for the drug shall receive a warning that any subsequent positive drug screening will result in a loss of benefits. Upon a second positive drug screening, the person shall be ineligible for TANF temporary cash assistance for one year after the date of the positive drug screening results. Upon a third positive drug screening, the person shall be permanently ineligible for TANF temporary cash assistance. No person shall be subjected to more than two additional drug screenings in any calendar year.
(3) A person who is denied TANF temporary cash assistance under this section when he or she was an applicant may request an administrative hearing to review the denial.
(f) The results of a drug screening under this section shall not be admissible in any criminal proceeding, but are admissible without further authentication or qualification in administrative hearings of the department and judicial review of department determinations.
(g) The department shall do all of the following:
(1) Provide notice of the potential for drug screening to applicants for TANF temporary cash assistance at the time of application. The notice shall advise the person that drug screening may be conducted as a condition for receiving benefits under certain conditions and that the person shall bear the cost of the drug screening after the initial screening. The person shall be advised that the required drug screening may be avoided if the person does not apply for TANF temporary cash assistance.
(2) Require each person to be screened to sign a written acknowledgment that he or she has received notice of the department’s drug-screening policy and that he or she understands the drug-screening requirement.
(h) If a parent is deemed permanently ineligible for TANF temporary cash assistance as a result of failing a third drug screening conducted under this section the dependent child or other adult family member’s eligibility for public assistance benefits is not affected.
(1) An appropriate protective payee shall be designated to receive benefits on behalf of the child and family members.
(2) The parent may choose to designate another person to receive benefits for the minor child and family members. The designated person must be an immediate family member or, if an immediate family member is not available or the family member declines the option, another person, may be designated. The designated person must be approved by the department.
(i) The commissioner shall promulgate rules to prescribe the design, operation, and standards for the implementation of this section.
(Act 2014-438, p. 1622, §§1, 2.)
Pursuant to subsection (d) of 21 U.S.C. §862a, a person convicted of a drug related felony who is otherwise ineligible for aid under the Temporary Assistance for Needy Families program, or the federal Supplemental Nutrition Assistance Program, or both shall be eligible for the aid upon completion of his or her sentence or if the person is satisfactorily serving a sentence of a period of probation, including if the person has satisfactorily completed mandatory participation in a drug treatment program, provided the person meets all other requirements for eligibility under the program or programs. Any person eligible for aid pursuant to this provision shall still comply with all other requirements for receiving aid, including those related to drug testing.
(Act 2015-185, §12.)
There is hereby created a State Department of Human Resources, with subordinate bureaus and divisions which shall operate under a State Board of Human Resources and consist of a Commissioner of Human Resources and such other officers and employees as are authorized to be appointed under this chapter.
(Acts 1951, No. 703, p. 1211, §2; Acts 1955, No. 341, p. 763, §1.)
There shall be a State Board of Human Resources which shall consist of the Governor, as chairman, and six other members, not less than two of whom shall be women, appointed by the Governor without regard to political affiliation but on the basis of recognized interest in welfare work with the advice and consent of the senate. The members of said board shall be appointed by the Governor for a term of six years, and vacancies shall be filled by the Governor for any unexpired term. The state board shall hold meetings at times and places to be prescribed by rules of the state board or as may be designated by the chairman. The presence of four members at any regular or special meeting shall constitute a quorum for the transaction of all business. Members of the state board shall receive no compensation for their services other than expenses incurred while in attendance at the meetings of the state board or on business of the state department, such expenses to be paid in the manner and in an amount as is prescribed for other state officers and employees and persons traveling on official business for the state or any of its departments, institutions, boards, bureaus, commissions, councils, committees and other like agencies.
(Acts 1951, No. 703, p. 1211, §3; Acts 1955, No. 341, p. 763, §3.)
(a) The chief executive officer of the State Department of Human Resources shall be known as the Commissioner of the State Department of Human Resources.
(b) It shall be the duty of the state board to appoint the commissioner who shall serve at its pleasure. He shall be appointed on the basis of education, ability and experience in the administration of public welfare and without regard to residence or political affiliation and the state board shall set the salary of the commissioner. The commissioner shall be the executive and administrative officer of the state department and shall exercise all the rights, powers, duties and authority vested in the state department. The state board, in conference with the commissioner, shall be responsible for the adoption of policies, rules and regulations for its government and for the government of the state department. All administrative and executive duties and responsibilities of the state department shall be performed by the commissioner, subject to the authority of the state board. The state board, subject to the provisions of the merit system wherein applicable, shall have the power and it shall be its duty to fix minimum standards of service and personnel, and to set salary schedules, based upon education, training, previous experience and general efficiency which must have been attained by persons selected for positions to be filled in the state department and the county departments of human resources hereinafter created.
(c) The commissioner shall submit to the state board for its approval an annual budget of all funds appropriated by the legislature to the state department for the specific purposes for which they are appropriated and also a budget of federal funds which may be allotted to the state by the federal government for the purposes of the state department according to the regulations of the federal authorities. He shall publish annually a full report of the operation and administration of the Department of Human Resources, together with recommendations and suggestions and submit such report to the state board. The commissioner, subject to the applicable provisions of the merit system, shall appoint a director of each bureau and such other personnel as may be necessary for the efficient performance of the duties prescribed in this chapter.
(d) The commissioner shall interpret policies, rules and regulations formulated by the state board and shall have power, subject to the approval of the state board, to create within the state department such bureaus as are necessary for the effective operation of the public assistance program, and to allocate and reallocate functions among bureaus and departmental agencies.
(Acts 1951, No. 703, p. 1211, §4; Acts 1955, No. 341, p. 763, §2.)
The commissioner, with the approval of the Attorney General, shall be authorized, subject to the provisions of the state merit system law, to appoint a legal counsel for the State Department of Human Resources. He shall be commissioned as assistant attorney general and shall have the authority and duties of an assistant attorney general but he shall devote his entire time to the business of the Department of Human Resources.
The compensation for the said legal counsel shall be paid out of funds appropriated to the State Department of Human Resources and in the same manner as the compensation of other employees is paid.
(Acts 1953, No. 19, p. 24.)
The state department, subject to the approval of the state board, shall allocate such federal and state funds for public assistance, administration and services as are available, in a manner that assures equitable treatment of needy individuals in similar circumstances throughout the state. The allocation of these funds shall be based on the relative welfare needs in the several counties. In determining the relative welfare needs of the several counties consideration shall be given to the number of persons eligible to receive public assistance, the financial needs of those eligible persons, and the cost of administration and services. All these factors shall be determined in accordance with uniform standards set by the state department, subject to the approval of the state board, which standards shall in no case contravene the Social Security Act and the rules and regulations promulgated thereunder. The method of determining the needs in the several counties shall be uniform throughout the state. Funds allocated shall be expended in the manner prescribed by the state department, subject to the approval of the state board.
(Acts 1951, No. 703, p. 1211, §5.)
The aim of the state department shall be the promotion of a unified development of welfare activities and agencies of the state and of the local governments so that each agency and each governmental institution shall function as an integral part of a general system. In order to carry out effectively these aims, it shall be the duty and responsibility of the state department to:
(1) Administer or supervise all forms of public assistance including general home relief, outdoor and indoor care for persons in need of assistance, also including those duties that have to do primarily with the determination of need and authorization of relief.
(2) Exercise all the powers, duties, and responsibilities previously vested by law in the State Child Welfare Department.
(3) Provide services to county or municipal governments including the organization and supervision of counties for the effective carrying out of welfare functions, the compilation of statistics, and other information relative to public welfare and to make surveys and in other ways to ascertain the facts which cause or contribute to the need for public assistance, family welfare, child welfare, and other welfare activities.
(4) Assist other departments, agencies, and institutions of the state and federal government, when so requested, by performing services in conformity with the purposes of the state department.
(5) Act as the agent of the federal government in welfare matters of mutual concern, and in the administration of any federal funds granted to the state to aid in the furtherance of any of the functions of the state department, and be empowered to meet such federal standards as may be established for the administration of such funds.
(6) Designate county departments as its agents under its rules and regulations to perform any of the state department’s functions.
(7) Administer such welfare functions as may hereafter be vested in it by law.
(8) Establish and enforce reasonable rules and regulations governing the custody, use, and preservation of the records, papers, files, and communications of the state and county departments. The use of such records, papers, files, and communications by any other agency or department of government shall be limited to the purposes for which they are furnished and by the provisions of the law under which they may be furnished. All case records of recipients of, and applicants for, assistance, including, but not limited to, payments and services, shall be considered confidential and not public writings and shall not be subject to public use or inspection. At each session of the circuit court, however, the director of human resources in each county shall, upon request, submit to the grand jury a list of persons receiving public assistance in the county or division of the county covered by the court, and the grand jury may examine the list of public assistance recipients within the county and make such investigation in regard thereto as may be necessary to verify the accuracy of the same. It shall be the duty of the presiding judge to charge the grand jury at each session that it may make such investigation. The information obtained from either the state or county departments of human resources by the grand juries in investigations shall be subject to the same safeguards with respect to the confidential nature of such information as prevails with respect to such records and information while in the custody of the county or state departments of human resources. Confidential information concerning children and their families and applicants for and recipients of public assistance, including, but not limited to, payments or services, shall not be used or disclosed for any purposes not directly connected with the administration of public assistance, or the investigation thereof by grand juries. Any violation of this provision shall be a misdemeanor and punishable accordingly.
(9) Cooperate with the State Department of Corrections or with any pardon and parole authority of the State of Alabama by making necessary investigations with reference to families or dependents of persons committed to state penal institutions; in the discharge of its responsibility with reference to dependent or neglected minor children whose parent or parents may be inmates of any prison or jail, the State Department of Human Resources shall cooperate and advise with the State Department of Corrections and with the officials of the courts committing said parent or parents to a prison or jail to the end that as full protection as possible may be afforded the families or children of said prisoners.
(10) Seek out, through investigation, complaints from citizens, or otherwise, the minor children in the state who are in need of its care and protection and shall, as far as may be possible, through existing agencies, public or private, or through such other resources, aid such children to a fair opportunity in life.
(11) Advise with the judges and probation officers of the juvenile courts of the several counties of the state, and aid in perfecting the organization and work of such courts.
(12) Exercise the right of visitation and inspection of all state, county, municipal, and other agencies and institutions, public or private, receiving, placing, or caring for dependent or neglected minor children for the purpose of ascertaining from time to time the capacity and adequacy of the facilities offered by these agencies and institutions for the care of such children; the manner, character, or way in which such children are cared for in such institutions or agencies, the children who are in such institutions, the facts showing their social status, the source of income and cost of maintenance, and the way in which such children are received into and dismissed from such institutions or agencies.
(13) License biennially all institutions and agencies except those under state ownership and control, caring for, receiving, or placing minor children and to revoke such license for cause.
(14) Establish and maintain homes or other agencies for the care of dependent or neglected minor children or contract with any approved agency or institution for the care of such children, and, also, receive and care for dependent or neglected minor children committed to its care, make a careful physical examination and, if possible, a mental examination of every such child, investigate in detail the personal and family history of the child and its environment, and place such children in family homes or in approved suitable institutions operating in accordance with the provisions of this title and supervise such children however placed.
(15) Require reports from courts and institutions, public and private, to the extent and in the form and manner as required by law.
(16) Solicit, receive, and hold gifts, devises, and bequests of money, real estate, and other things of value to be used in the support, development, and carrying on of its work.
(17) Administer and exercise all responsibility for the food stamp program.
(18) Establish rules and standards for the inspection, approval, and operation of foster homes for adults which serve only those individuals who are eligible for adult foster care services and are referred and placed by the Department of Human Resources.
(19) Establish rules and standards for the inspection and approval of adult day care centers and adult day care homes with whom the Department of Human Resources contracts or otherwise agrees to purchase adult day care services.
(Acts 1951, No. 703, p. 1211, §6; Acts 1978, No. 359, p. 300, §2; Acts 1991, No. 91-671, p. 1307, §1; Acts 1996, No. 96-673, p. 1139, §1.)
(a) As used in this section, the following words shall have the following meanings:
(1) ABSENT PARENT. The parent of a minor child who owes a financial ligation for the support of the minor child or a putative parent against whom a complaint has been filed.
(2) OFFICE. The state parent locator in the Department of Human Resources for the location of absent parents, hereinafter created.
(b) The Office of State Parent Locator for the Location of Absent Parents is hereby established, and shall perform the following duties:
(1) Assist any governmental agency or department in locating an absent parent.
(2) Coordinate any activity on a state level in a search for an absent parent.
(3) Obtain and disseminate, as hereinafter provided, any information which directly relates to the identity or location of an absent parent.
(4) Develop guidelines for coordinating activities of any governmental department, board, commission, bureau, or agency in providing information necessary for the location of absent parents, and otherwise implementing the provisions of this section.
(c) Upon request of the office, any governmental department, board, commission, bureau, or agency in this state shall provide any information which shall assist in implementing the provisions of this section.
(d) The information which is obtained by the office shall only be available to a governmental department, board, commission, bureau, agency, or political subdivision of any state for the purposes of locating an absent parent for enforcing their liability of support.
(Acts 1980, No. 80-727, p. 1469.)
There is hereby created in each county a county board of human resources, which shall consist of seven members, not less than two of whom shall be women, selected by the county commission from the citizenship of the county on the basis of their recognized interest in the public welfare; provided that in counties in which there are cities having a population of 60,000 or more, according to the last federal census, the city commission or other governing body of the city shall have equal authority with the county commission in selecting the membership of the county board of human resources. No person holding an elective public office, no person who is a candidate for election to a public office, no person who is an employee of the county department of human resources and no person who is related by consanguinity or affinity within the fourth degree or nearer under the civil law to any such officer or employee shall be a member of such county board of human resources. The members of said board shall be appointed for a term of six years, and vacancies shall be filled for the unexpired term in the same manner as above provided. The county board shall elect from its members a chairman and a secretary to serve at its pleasure. The county board shall hold meetings under rules to be established by it in conformity with the regulations of the state board, and such additional meetings as may be called by the chairman. The presence of four members at any regular or special meeting shall constitute a quorum for the transaction of all business. Members of the county board shall serve without compensation for their services as members, but shall be reimbursed for the amount of their traveling and other expenses actually paid out while in attendance at the meetings of the county board or on business of the department.
The county board, subject to the provisions of the merit system, shall appoint a county director, who shall be the executive officer of the county department, and the appointment shall be made without regard to political affiliation. The tenure of the county director shall be at the pleasure of the county board. Upon request of the local board, the state personnel department shall establish a county register of eligibles who are residents of the county in which the vacancy exists. If no appointment is made from the local register or there is no local register, then appointment shall be made from the statewide register.
It shall be the further duty of the county board to meet from time to time with the county director and to point up unmet needs in the county, to advise concerning economic conditions in the county which might affect the welfare program, to assist in informing the citizens of the public welfare program, to cooperate with other agencies, individuals and organizations in the community in the development of facilities designed for human betterment, and to advise concerning changes which would make for a more effective and efficient public welfare program.
(Acts 1951, No. 703, p. 1211, §7; Acts 1955, No. 341, p. 763, §5; Acts 1989, No. 89-853, p. 1702, §1.)
(a) There is hereby created in each county a county department of human resources which shall consist of the county director of human resources and such other officers and employees as the county board and state department shall deem necessary for the efficient performance of the welfare services of the county. The county director, subject to the approval of the county board and the provisions of the merit system, shall appoint such staff as may be necessary to administer the welfare activities within the county. Upon request of the local board, the State Personnel Department shall establish a county register of eligibles who are residents of the county in which the vacancy exists. If no appointment is made from the local register or there is no local register then appointment shall be made from the statewide register. Any person employed in county departments shall be covered under the provisions of the State Merit System.
(b) It shall be the duty of the county director to meet regularly with the county board to formulate general policies, rules and regulations, which policies, rules and regulations must be consistent with the policies, rules and regulations of the state department. All administrative and executive duties and responsibilities of the county department shall be performed by the county director and must be in accordance with the rules and regulations of the state department, subject to the approval of the state board. These duties and responsibilities shall include relief to persons in need of assistance; the performance of family welfare services; the care of children who are dependent, neglected, under insufficient guardianship or otherwise handicapped, and such other child-care activities as shall be directed to it by the State Department of Human Resources; and the investigation of applications for admissions to and discharges from county institutions providing care and treatment of indigents. It shall be the duty of the county departments of human resources to furnish to the county board and the state department such reports concerning the activities of the county department and concerning the status of the welfare functions within its jurisdiction as the state department shall require. If appointed by a court of competent jurisdiction, the county department of human resources shall, through its director and his assistants hereinafter provided for, perform under the supervision of such court, the functions of a probation officer of the court having jurisdiction of children who are dependent, neglected, under insufficient guardianship or otherwise handicapped.
(Acts 1951, No. 703, p. 1211, §8; Acts 1955, No. 341, p. 763, §4.)
The county commission in any county shall have the power and is hereby authorized to appropriate out of the public funds of the county such sum or sums of money, as it may deem wise to be expended by the county department for the relief of children under 18 years of age. Disbursements shall be made upon itemized statements approved by the county director. This shall not be interpreted so as to limit the power of the judge of the juvenile court to make orders for the care of children adjudged dependent, neglected or delinquent.
The county commission and the incorporated municipalities within the county may make joint appropriations for office space, the maintenance thereof and supplies.
The governing body in any county or any municipality shall have the power and authority to make other and further provision for the care of the poor and needy of the county or municipality. The disbursement of such funds as are made available for expenditure by the county departments must be approved by the State Department of Human Resources.
(Acts 1951, No. 703, p. 1211, §10.)
The state department is authorized and it shall be its duty to develop standards of assistance for the administration of the various public assistance programs in the state, to administer these programs through county departments of human resources and to provide such forms, records, reports and rules of procedure as may be necessary in order to obtain uniform practices with respect to public assistance throughout the state. The state department shall make such reports and furnish such information as shall be required by the social security administration in the administration of the public assistance program. The state department shall have the power to review all applications for public assistance received by the county departments, to review all disallowances of awards, amounts of awards or modifications of awards made by the county departments and to make such decision as to the granting of assistance and the amount of assistance and terms thereof as is justified by the facts, and as is in conformity with the assistance laws and policies in effect. The decision by the state department shall be complied with.
(Acts 1951, No. 703, p. 1211, §19.)
(a) Commissioner authorized to make reproductions and destroy originals. The Commissioner of Human Resources of the State of Alabama is authorized to make or to have made microfilm copies, photostatic copies or other similar photographic reproductions of all books, records, papers or other documents required to be maintained or kept by the Department of Human Resources or any agency, division or employee thereof. The Commissioner of Human Resources is authorized to destroy or cause to be disposed of any books, records, papers or other documents which have been microfilmed, photostated or otherwise photographed. Such microfilms, photostats or other photographs shall be retained and kept in lieu of such books, records, papers or documents required to be kept or maintained.
(b) Effect of reproductions; certification; admission in evidence. Such microfilm copies, photostatic copies or other similar photographic reproductions of such above-named documents shall for all purposes be deemed to be and have the force and effect of such documents themselves. A photostatic copy, photographic reproduction or other similar photographed typewritten copies or other copies of such original microfilm copy, photostatic copy or other similar photographic reproduction of such documents shall be duly certified to by the officer having custody of such original microfilm copy, photostatic copy or other similar photographic reproduction in the Department of Human Resources, and must be received as evidence in all courts in the same manner and to the same extent as would be the duly certified copy of such documents themselves.
(c) Legislative intent. It is hereby declared to be the legislative intent to permit the commissioner to dispose of any books, records, papers or any other documents required by law to be kept or maintained by the Department of Human Resources in the event that photographic reproductions of such books, records, papers or other documents are made or caused to be made by such commissioner, and to give such photographic reproduction the same force and effect as the book, record, paper or other document which has been so photographed and disposed of.
(Acts 1950, 5th Ex. Sess., No. 57, p. 121, §§1-3.)
(a) The Commissioner of the State Department of Human Resources shall have the authority to destroy or cause to be destroyed, in his discretion:
(1) RECORDS OF CERTAIN AGENCIES. - All records of the Alabama Relief Administration, the Alabama Transient Bureau and Surplus Commodity Distribution presently in the custody and under the control of the State Department of Human Resources.
(2) OBSOLETE COUNTY CASE RECORD MATERIAL. - Obsolete case record material in the custody of county departments, subject to the following conditions:
a. Case record material concerning old age pensions, aid to the blind, aid to the permanently and totally disabled, aid to dependent children and temporary aid shall be preserved for a period of at least five years from and after the date of the last contact with the county department by the subject of such material.
b. All fiscal audits for the period in which the cases covered by such case record material were receiving assistance or service shall have been completed; provided however, that nothing in this section shall prohibit the commissioner from exercising the authority to destroy case record material which has been photographically reproduced in accordance with Section 38-2-11.
(3) CANCELLED COUNTY CHECKS. - All cancelled checks issued by and filed in county departments from the inception of the public welfare program in 1935 to October 1, 1951; provided, that records showing the payments evidenced by such checks must be preserved in either the state department or the county department.
(4) CERTAIN FILES. - Statements contained in case record files made by recipients and their relatives as required by Act No. 694 of the 1951 Legislature of Alabama.
(5) RECORDS RELATING TO SURPLUS COMMODITIES. - Case record material concerning the distribution of surplus commodities received from the United States Department of Agriculture and related records and reports concerning the handling and distribution of such surplus commodities; provided that such case record material and records and reports shall be preserved for a period of at least three years from and after the close of the state fiscal year to which they pertain.
(b) In effecting the destruction of records permitted by this section, the commissioner shall establish reasonable rules and regulations insuring that the confidentiality of records shall be preserved during the process of destruction.
(Acts 1951, No. 51, p. 265; Acts 1961, No. 91, p. 105, §§2-6; Acts 1979, No. 79-710, p. 1263.)
Before entering upon the duties of their respective offices, the Commissioner of the Department of Human Resources and other public welfare officers shall execute to the State of Alabama a bond, to be approved by the Governor, in amounts to be fixed by the State Board of Human Resources, for the faithful performance of their duties.
(Acts 1943, No. 122, p. 123; Acts 1961, Ex. Sess., No. 208, p. 2190.)
AMENDED BY ACT 2026-327, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) There is hereby created the Department of Senior Services of the State of Alabama, which shall be under the direction and control of the Commissioner of the Department of Senior Services.
(b) There is created an advisory board of directors that shall consist of 17 members and shall advise the commissioner in the administration of the department. The advisory board shall be composed of two members of the Senate to be appointed by the President of the Senate; two members of the House of Representatives to be appointed by the Speaker of the House; the Secretary of the State Department of Labor or his or her designee, the State Health Officer or his or her designee, and the Commissioner of the State Department of Human Resources or his or her designee, as ex officio members; and 10 members to be appointed by the Governor for terms concurrent with the term of the Governor. Of the members appointed by the Governor, one shall be a representative of business, one shall be a representative of labor, one shall be a representative of the medical profession, three shall be representatives of senior citizen organizations, one shall be a representative of an organization serving individuals with disabilities, and the remaining three shall be responsible residents of the state. Upon reappointment, the membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The name of any designee to the advisory board of directors authorized by this chapter shall be submitted in writing to the Commissioner of the Department of Senior Services.
(Acts 1957, No. 554, p. 774, §1; Acts 1964, 1st Ex. Sess., No. 148, p. 214, §2, Act 2000-744, p. 1655, §2; Act 2011-572, p. 1215, §1; Act 2015-159, p. 417, §1; Act 2021-484, §1.)
(a) It shall be the duty of the members of the advisory board to meet within 30 days after their appointment, and to elect a chair and other officers from among themselves, who shall serve for a period of two years. Thereafter, the board shall elect a new chair every two years.
(b) It shall be the duty of the board to do all of the following:
(1) Collect facts and statistics and make special studies of conditions and problems pertaining to the employment, health, financial status, recreation, social adjustment, or other conditions affecting the welfare of the aging people in this state.
(2) Keep abreast of the latest developments in this field of activity throughout the nation, and to interpret its findings to the commissioner.
(3) Provide for a mutual exchange of ideas and information on national, state, and local levels.
(4) Give a report of its advisory activities to the Legislature, and make recommendations for needed improvements and additional resources to promote the welfare of the aging in this state.
(5) Serve as an advisory body to the commissioner.
(Acts 1957, No. 554, p. 774, §2; Acts 1964, 1st Ex. Sess., No. 148, p. 214, §1; Act 2000-744, p. 1655, §2; Act 2015-159, §1.)
The advisory board may create advisory subcommittees to undertake special studies as it shall authorize and co-opt into advisory subcommittees persons qualified in any field of activity relating to the welfare of the aging.
(Acts 1957, No. 554, p. 774, §3; Acts 1964, 1st Ex. Sess., No. 148, p. 214, §1; Act 2000-744, p. 1655, §2; Act 2015-159, §1.)
The members of the advisory board shall receive no compensation for their services, other than reimbursement for traveling and other expenses actually incurred in the performance of their official duties. The expenses shall be paid in the manner and amount as is provided for other state officers and employees and persons traveling on official business for the state or any of its departments, institutions, boards, bureaus, commissions, councils, committees, or other like agencies.
(Acts 1957, No. 554, p. 774, §4; Acts 1964, 1st Ex. Sess., No. 148, p. 214, §1; Act 2000-744, p. 1655, §2; Act 2015-159, §1.)
(a) The Governor shall appoint a commissioner for the Department of Senior Services and a confidential secretary and shall prescribe their duties, powers, and authority to carry out the provisions of this article. The commissioner shall serve at the pleasure of the Governor and also shall serve as executive officer and secretary of the board. The commissioner, subject to the Merit System law, shall appoint additional personnel as may be necessary in carrying out the provisions of this article.
(b) Notwithstanding the provisions of subsection (d) of Section 41-16-27, the commissioner may contract with providers for the various meals programs administered by the department for periods of up to five years with five additional one-year extension options at the discretion of the commissioner. With respect to any meals programs contract between the department and any food service provider which was executed prior to August 1, 2004, and which remains in effect as of August 1, 2004, a current meals programs contract, the commissioner may, with the written consent of any such food service provider, elect to extend such current meals programs contract with the extension period to be up to five years with five additional one-year extension options. The extension period shall commence on the day after the end of the current meals programs contract term then in effect. The commissioner may, with the written consent of the food service provider, renegotiate the terms of a current meals programs contract, provided that renegotiation is necessary, in the discretion of the commissioner, to induce the food service provider to enter into a contract extension provided by this subsection and provided further that, in the discretion of the commissioner, the extension of the current meals programs contract will reduce overall costs to the department. Nothing in this subsection shall be construed as providing for or affecting any exemption to subsection (a), (b), or (c) of Section 41-16-27.
(Acts 1957, No. 554, p. 774, §5; Acts 1964, 1st Ex. Sess., No. 148, p. 214, §3; Act 2000-744, p. 1655, §2; Act 2004-433, p. 738, §1; Act 2008-398, p. 787, §1; Act 2015-159, §1.)
The commissioner may receive and hold gifts, devises, bequests of money, real estate, and other things of value to be used in the support and development of department work. Bequests of money shall be deposited into the Alabama Senior Services Trust Fund established and created as a separate fund in the State Treasury.
(Acts 1957, No. 554, p. 774, §6; Acts 1964, 1st Ex. Sess., No. 148, p. 214, §4; Act 2000-744, p. 1655, §2; Act 2008-398, p. 787, §1; Act 2015-159, §1.)
(a) All rights, duties, property, real or personal, and all other effects existing in names of the Commission on the Aging, or in any other name by which the agency has been known, shall continue in the name of the Department of Senior Services. Any existing or future reference to the Commission on the Aging, or any other name by which the agency has been known, in any existing law, contract, or other instrument shall constitute a reference to the Department of Senior Services of the State of Alabama.
(b) The Commission on the Aging shall continue in existence as an advisory board of directors to the Department of Senior Services.
(c) A reasonable transition period for the name change shall be allowed to permit an orderly and cost-effective transition relating particularly to the use of equipment and supplies. All letterhead, business cards, forms, and any other materials in use by the commission containing the name Commission on the Aging shall continue to be used by the Department of Senior Services until the supplies are exhausted. Replacement supplies shall contain the name of the Department of Senior Services.
(d) The Code Commissioner, pursuant to Section 29-7-8, at times determined appropriate, shall implement this statutory name change in applicable sections of the Code of Alabama 1975.
(Act 2000-744, p. 1655, §1; Act 2015-159, §1.)
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, counties, municipal corporations, and private agencies or facilities within the state in furtherance of the purposes as set forth in this chapter.
(2) Advise, consult, and coordinate with other state agencies upon request which are proposing plans, programs, and rules primarily affecting persons 60 years of age or older.
(3) Plan, initiate, coordinate, and evaluate statewide programs, services, and activities regulated by the department for elderly people which are not duplicative of services, programs, and activities provided by other state agencies.
(4) Disseminate information concerning the problems of elderly people and establish and maintain a central clearinghouse of information on public programs at all levels of government that would be of interest or benefit to the elderly.
(5) Report annually to the Governor and the Legislature on the programs of the department.
(6) Have authority to contract with public or private groups to perform services for the department.
(7) Adopt rules pursuant to the Alabama Administrative Procedure Act to govern the operation of services and facilities for the elderly that are regulated by the department and determine that those services and facilities are operated in conformity with these rules.
(8) Determine the needs of the elderly and provide information on their needs to all levels of government.
(9) Report immediately any suspected abuse, neglect, and exploitation to the Department of Human Resources as a mandatory reporter as specified in Section 38-9-8.
(Act 2008-398, p. 787, §2.)
The department shall adopt rules pursuant to the Alabama Administrative Procedure Act to implement and administer this chapter and may perform all of the following functions:
(1) Provide technical assistance and consultation upon request to public and private nonprofit agencies with respect to programs, services, and activities for elderly people.
(2) Provide assistance upon request to federal agencies, other state agencies or departments, and private organizations on studies and surveys on the special problems of the aged in such matters as mental and physical health, housing, transportation, family relationships, employment, income, vocational rehabilitation, recreation, and education; make such reports as are appropriate to the Governor and other federal and state agencies; and develop recommendations for administrative or legislative action to assist the aged.
(3) Develop and strengthen the services available for the aging in the state working upon request with existing federal, state, and local departments and agencies and private agencies and facilities.
(4) Extend and expand services for the aged through coordinating the interests and efforts of local agencies regulated by the department for the aged citizens of this state.
(5) Encourage, promote, and aid in the establishment of programs and services on the local level for the aged to more fully enjoy and participate in family and community life.
(6) Encourage the training of workers in the field of aging.
(7) Provide consultants to agencies, associations, or individuals providing services upon request supported by the department.
(8) Recommend methods of improving the effectiveness of state services for elderly citizens.
(9) Publish a description of the organization and functions of the department so that all interested agencies and individuals may receive information about, and be better able to solicit assistance from, the department.
(Act 2008-398, p. 787, §2.)
There is created, established, and continued, an organization which shall be known as the “Alabama Senior Citizens Hall of Fame.” The purpose of such organization shall be to bestow honor and recognition upon a deserving citizen or citizens for their outstanding accomplishments, service, and contributions to the lives of older American citizens.
(Acts 1983, No. 83-674, p. 1063, §1; §41-9-740; Act 2008-398, p. 787, §3.)
The Alabama Senior Citizens Hall of Fame shall be composed of members who are senior citizens. Each person elected for membership shall be a citizen of Alabama who shall be chosen for accomplishment or service greatly benefiting the lives of older American citizens. The members shall reflect the racial, ethnic, gender, urban/rural, and economic diversity of the state.
(Acts 1983, No. 83-674, p. 1063, §2; Acts 1995, No. 95-631, p. 1340, §1; §41-9-741; Act 2008-398, p. 787, §3.)
(a) No more than 10 new members in any calendar year shall be elected by the existing members of the Senior Citizens Hall of Fame. A majority vote of the existing members present shall be necessary to elect a new member, and new members shall be chosen in order of the highest number of votes received.
(b) Nominations for new members shall be made by the existing members and in writing by citizens of the state.
(Acts 1983, No. 83-674, p. 1063, §3; Acts 1995, No. 95-631, p. 1340, §1; §41-9-742; Act 2008-398, p. 787, §3.)
The members of the hall of fame shall elect among themselves a chair and shall fix the term of office of the chair. The chair shall preside over meetings, direct the business of the hall of fame, and perform other duties as may be prescribed or delegated to the chair by the organization. The members shall appoint one of their number as secretary, who shall keep minutes of each meeting. The Department of Senior Services shall provide necessary clerical assistance to the Senior Citizens Hall of Fame.
(Acts 1983, No. 83-674, p. 1063, §4; §41-9-743; Act 2008-398, p. 787, §3.)
The Alabama Senior Citizens Hall of Fame shall meet at least once annually to award new memberships and it may hold other meetings as it feels necessary to carry out its purpose. The time and place of meetings shall be designated by the members. Three members in attendance at any meeting shall constitute a quorum for conducting business. The hall of fame may make rules and regulations necessary to carry out its purposes and functions as prescribed in this article. The Department of Senior Services shall fund any costs associated with meetings held by the Alabama Senior Citizens Hall of Fame.
(Acts 1983, No. 83-674, p. 1063, §5; Acts 1995, No. 95-631, p. 1340, §1; §41-9-744; Act 2008-398, p. 787, §3.)
The members of the Alabama Senior Citizens Hall of Fame shall receive no compensation for their services other than reimbursement for traveling and other expenses actually incurred in the performance of their official duties. Such expenses shall be paid in the manner and amount as is provided for other state officers and employees and persons traveling on official business for the state or any of its departments, institutions, boards, bureaus, commissions, councils, committees, or other like agencies. Such expenses shall be paid out of any funds appropriated to the Department of Senior Services and processed in the manner provided by law.
(Acts 1983, No. 83-674, p. 1063, §6; §41-9-745; Act 2008-398, p. 787, §3.)
(a) Generally. - Public assistance shall be payable under this chapter to or on behalf of any person who is a needy blind person within the requirements of this chapter, or is a needy person over the age of 65 years within the requirements of this chapter, or is a dependent child within the requirements of this chapter, or who is permanently and totally disabled within the requirements of this chapter. No public assistance shall be payable under this chapter to or on behalf of any person who is an inmate of a public institution; except, that such assistance may be payable to or on behalf of persons who are patients in public institutions where such payments are matchable under provisions of the Federal Social Security Act; provided, that the state department shall not grant assistance to inmates of any institution, whether public or private, unless that institution conforms to requirements under the provisions of the Federal Social Security Act and applicable statutes of Alabama.
(b) Blind assistance. - Blind assistance shall be payable under this chapter to or on behalf of any person who shall comply with the other requirements of this chapter and who:
(1) Is blind according to the definition of blindness established by the state department;
(2) Has not sufficient income and resources from all sources to provide a reasonable subsistence compatible with decency and health; provided, that any earned income required by the Federal Social Security Act to be disregarded is hereby excepted;
(3) Is, at the time of filing an application for such assistance, a resident of this state;
(4) Is not receiving any other type of public assistance for which federal matching is available;
(5) Has not directly or indirectly disposed of or deprived himself of any property for the purpose of qualifying for the benefits of this chapter;
(6) Has been examined by a duly licensed ophthalmologist or a licensed physician skilled in the diseases of the eye or a licensed optometrist, whichever the individual may select. The examiner shall certify to the county department in writing the results of the examination upon forms prescribed by the state department; and
(7) Shall not during the period of receiving assistance publicly solicit alms. The term “publicly solicit alms” shall be construed to mean either wearing, carrying or exhibiting signs denoting blindness, for the securing of alms, or the carrying of receptacles for the purpose of securing alms or the doing of the same by proxy, or stationary or house-to-house begging or any other means of securing alms.
(c) Old age pensions. - Old age pensions shall be payable under this chapter to or on behalf of any needy person who has attained the age of 65 years, who shall comply with the other requirements of this chapter and who:
(1) Is, at the time of filing an application for an old age pension, a resident of this state;
(2) Has not sufficient income and resources from all sources to provide a reasonable subsistence compatible with decency and health;
(3) Has not directly or indirectly disposed of or deprived himself of any property for the purpose of qualifying for the benefits of this chapter; and
(4) Is not receiving any other type of public assistance for which federal matching is available.
(d) Aid to dependent children. - Aid to dependent children shall be payable under this chapter on behalf of any needy child who is a dependent child as defined in the Federal Social Security Act or amendments thereto who shall comply with the applicable requirements of this chapter, and who:
(1) Has not sufficient income and resources from all sources to provide a reasonable subsistence compatible with decency and health;
(2) Is, at the time application for such aid is filed, making his home in this state;
(3) Has not directly or indirectly disposed of or deprived himself of any property for the purpose of qualifying for the benefits of this chapter; and
(4) Is not receiving any other type of public assistance for which federal matching is available. Any person having knowledge that any child is dependent and in need and if the interest of the public requires that such child be granted aid may bring such fact to the attention of the county department in the county where the child resides.
(e) Aid to permanently and totally disabled. - Aid to the permanently and totally disabled shall be payable under this chapter to or on behalf of any needy person 18 years of age or older who shall comply with the other requirements of this chapter and who:
(1) Is permanently and totally disabled according to the definition of permanent and total disability established by the state department and whose needy condition is primarily due to these limitations so that he is unable to provide himself with the necessities of life;
(2) Has not sufficient income and resources from all sources to provide a reasonable subsistence compatible with decency and health;
(3) Is, at the time of filing an application for such aid, a resident of this state;
(4) Has not directly or indirectly disposed of or deprived himself of any property for the purpose of qualifying for the benefits of this chapter; and
(5) Is not receiving any other type of public assistance for which federal matching is available.
(Acts 1951, No. 703, p. 1211, §13.)
(a) Applications for Temporary Assistance for Needy Families (TANF) cash assistance shall be made to the county department in the manner prescribed by the state department and shall contain such information as the state department may require; provided, that nothing contained in this chapter shall be construed as requiring the signing of a pauper’s oath on the part of any person making application for assistance hereunder. An investigation and record shall be promptly made by the county department of the circumstances of the applicant. Upon the completion of the investigation the county director shall determine whether the applicant is eligible for assistance under the provisions of this chapter and the rules and regulations of the state department and the amount of assistance he shall receive. The county director shall give notice in writing to the applicant of the action taken on his application or any subsequent change in payments.
(b) Within maximum matchable payments in which the federal government will participate as prescribed in the Federal Social Security Act, the amount of assistance to which any person described in Section 38-4-1 shall be entitled shall, under the rules and regulations of the state department, be determined upon the basis of the amount of total income and resources received by the applicant, the husband or wife of the applicant and/or the cohabiting partner of the applicant, as provided by rules promulgated by the Department of Human Resources, except as provided in Section 38-4-1, and such other conditions existing in each case as will determine the need for assistance for such person as provided in this chapter. The amount of such assistance shall be determined with due regard to the conditions existing in each case, subject to the funds available, and the rules and regulations and standards of the state department and the provisions of this chapter.
(c) No provision of this section shall affect in any manner the amount paid to a widow of a Confederate veteran now or hereafter placed on the pension rolls of this state.
(Acts 1951, No. 703, p. 1211, §14; Act 2014-425, p. 1561, §1.)
When a recipient dies before delivery or negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the county director of human resources to the spouse or to a person, either relative or nonrelative, named by the recipient shall be sufficient authority to the drawee bank to pay such check.
(Acts 1951, No. 703, p. 1211, §15; Acts 1956, 1st Ex. Sess., No. 119, p. 175.)
(a) If at any time the recipient of public assistance, the husband or wife of such recipient, or the cohabiting partner of the recipient, as provided by rules promulgated by the Department of Human Resources, shall become possessed of any income or resources in excess of that owned or being received at the date of the application, it shall be the duty of the recipient immediately to notify the county department of the facts in the case. The county department, upon the notification or upon otherwise learning the facts, shall, after investigation, continue, reduce or cancel the amount of the grant as the facts may warrant. Its action in this respect shall be subject to appeal and review as provided in this chapter. For the purposes of this section, where aid to dependent children is the form of public assistance involved, the near relative, as defined in the Federal Social Security Act, shall report the acquisition of income and resources.
(b) Notwithstanding this Section or Section 38-4-2 or Section 38-11A-2, TANF cash assistance and eligibility requirements shall conform with federal eligibility requirement standards as provided for in Title IV, Part A, of the Social Security Act.
(Acts 1951, No. 703, p. 1211, §16; Act 2014-425, p. 1561, §§1, 2.)
In the event a person is denied the right to apply for public assistance, or his application is not acted upon with reasonable promptness or is denied, or assistance is not granted promptly following establishment of eligibility, or in case the amount or terms of an award or of any modification thereof is deemed unjust, he may appeal to the state department for a hearing of his case. Notice and opportunity for a fair hearing shall be given the applicant by the state department and at this hearing any party at interest may appear and present any relevant facts. The action of the state department on any appeal shall be final and binding and shall be complied with.
(Acts 1951, No. 703, p. 1211, §17.)
The state department and the county department shall have the power to issue subpoenas for witnesses and compel their attendance and the production of papers and writings and duly authorized employees of said departments may administer oaths and examine witnesses under oath.
(Acts 1951, No. 703, p. 1211, §18.)
All amounts paid or payable as public assistance to needy persons shall be exempt from any tax levied by the state or any subdivision thereof and shall be exempt from levy, garnishment, attachment or any other process whatsoever and shall be inalienable, and in the case of bankruptcy, shall not pass to the trustee or other person acting on behalf of the creditors of the recipient of public assistance.
(Acts 1951, No. 703, p. 1211, §21.)
In the event an applicant or recipient of an old age pension under this chapter is so physically incapacitated that it is necessary for him to be hospitalized, the county department is authorized to endeavor to make such arrangements as are necessary to secure such hospitalization, even though the amount to be expended exceeds the maximum assistance grant for which federal matching is available.
(Acts 1951, No. 703, p. 1211, §23.)
The county board shall have the power to require a report of the finding and award of the county department in each case, to review such finding and award and either to approve, disapprove or amend such award in relation to federal and state laws and requirements.
(Acts 1951, No. 703, p. 1211, §24.)
Any widow of a Confederate veteran entitled to a pension under the provisions of the laws authorizing the payment of such pensions to Confederate widows, who may also be eligible for old age assistance under the terms of this chapter, shall be required to make application for assistance as provided in this chapter. Any assistance actually received by any such person under the terms of this chapter shall be deducted from the pension due such person under the provisions of said Confederate pension laws. Nothing herein contained, however, shall ever under any circumstances be construed or allowed to cause any said widow to receive less than she would but for the provisions of this chapter.
(Acts 1951, No. 703, p. 1211, §22.)
(a) Except as provided in subsection (b), there is appropriated, beginning with the fiscal year ending September 30, 1998, to the state department, for old age pension purposes, out of the proceeds from the levy of the one mill tax for the relief of needy Confederate soldiers and sailors and their widows, a sum not to exceed $20,773,500 annually of the surplus or residue from the tax after the payment in full of the pensions to the widows of Confederate soldiers and sailors, other charges against the fund set out in the laws authorizing the payment of the pensions to the widows, and annually to the Department of Revenue, as a first charge against the proceeds of the one mill tax, funds for the annual costs of the Department of Revenue for administering the tax. In making this appropriation, it is declared to be the legislative policy that the Department of Human Resources shall expend its portion of the surplus or residue hereby appropriated and all moneys received by it from the federal government as matching funds for all funds expended for Confederate pensions or as matching funds for the surplus or residue hereby appropriated under this section, for old age pension purposes exclusively insofar as is possible under existing laws and the rules and regulations of the federal government and of the Department of Human Resources in regard thereto, before any part thereof may be expended for any other purposes of the Department of Human Resources.
(b) Beginning with the fiscal year ending September 30, 1997, all of the remaining surplus or residue from the tax provided in (a) above, after deducting the amounts appropriated to the Department of Human Resources and the Department of Revenue under the annual appropriations act for the fiscal year ending September 30, 1997, and under subsection (a) of this section for each year thereafter, is hereby appropriated to the State Veterans’ Assistance Fund to be expended for veterans’ programs approved by the State Board of Veterans’ Affairs, including expenditures for emergencies and needs in the state’s veterans’ nursing homes.
(Acts 1951, No. 703, p. 1211, §25; Acts 1993, No. 93-309, p. 464, §1; Acts 1997, No. 97-279, p. 499, §1.)
(a) There is hereby created in the State Treasury a fund to be known as the Alabama Veterans’ Assistance Fund, into which shall be deposited receipts from the one mill ad valorem tax as authorized in Section 38-4-12. The expenditure of all monies deposited into the fund shall be budgeted and allotted pursuant to the Budget Management Act and Article 4 of Title 41.
(b) All of the surplus or residue of the one mill tax for the relief of needy Confederate soldiers and sailors and their widows remaining from its appropriation for the fiscal year ending September 30, 1996, shall be transferred and deposited into the Alabama Veterans’ Assistance Fund established by subsection (a).
(Acts 1997, No. 97-279, p. 499, §§2, 3.)
There is hereby created a state public welfare trust fund. All receipts of the State Department of Human Resources shall be deposited in the state treasury to the credit of this trust fund, including general fund appropriations, sales tax receipts, liquor profit receipts, the surplus of the Confederate pension fund, federal funds and all other receipts, income or gifts to the state department. Disbursements from the state public welfare trust fund shall be made on warrants drawn by the state comptroller on the state treasury, upon the authorization of the State Commissioner of Human Resources.
(Acts 1951, No. 698, p. 1205.)
(a) For the purposes of this section, the term public assistance benefits means money or property provided directly or indirectly to eligible persons through programs of the federal government, the state, or any political subdivision thereof, and administered by the Alabama Department of Human Resources.
(b)(1) A recipient of public assistance benefits may not use any portion of the benefits for the purchase of any alcoholic beverage, tobacco product, or lottery ticket. Any person who violates this subsection shall reimburse the Department of Human Resources for the purchase and shall be subject to the following sanctions:
a. Upon the first violation, the person shall be disqualified from receiving public assistance benefits by means of direct cash payment or an electronic benefits transfer access card for one month.
b. Upon the second violation, the person shall be disqualified from receiving public assistance benefits by means of direct cash payment or electronic benefits transfer access card for three months.
c. Upon a third or subsequent violation, the person shall be permanently disqualified from receiving public assistance benefits by means of direct cash payment or an electronic benefits transfer access card.
(2) A person who is disqualified from receiving public assistance benefits under this subsection shall have the right to a hearing pursuant to the Alabama Administrative Procedure Act.
(c)(1) A cash recipient of public assistance benefits may not withdraw or use cash benefits by means of an Electronic Benefits Transfer transaction for the purchase of goods or services in a retail establishment the primary purpose of which is the sale of alcoholic beverages, a casino, a tattoo or body piercing facility, a facility providing psychic services, or an establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state. Any person who violates this subsection shall reimburse the Department of Human Resources for the amount withdrawn and used and shall be subject to the following sanctions:
a. Upon the first violation, the person shall be disqualified from receiving public assistance benefits by means of direct cash payment or an electronic benefits transfer access card for a period of one month.
b. Upon the second violation, the person shall be disqualified from receiving public assistance benefits by means of direct cash payment or electronic benefits transfer access card for a period of three months.
c. Upon a third or subsequent violation, the person shall be permanently disqualified from receiving public assistance benefits by means of direct cash payment or an electronic benefits transfer access card.
(2) A person who is disqualified from receiving public assistance benefits under this subsection shall have the right to a hearing pursuant to the Alabama Administrative Procedure Act.
(d) If a parent is deemed permanently disqualified from receiving public assistance benefits under subsection (b) or (c), the dependent child or other adult family member’s eligibility for public assistance benefits is not affected.
(1) An appropriate protective payee shall be designated to receive benefits on behalf of the child members.
(2) The parent may choose to designate another person to receive benefits for the minor child members. The designated person must be an immediate family member or, if an immediate family member is not available or the family member declines the option, another person may be designated. The designated person must be approved by the department.
(e) The Department of Human Resources shall inform all applicants for and recipients of public assistance benefits of the restrictions contained in this section and the penalties for violating those restrictions through any means practical.
(f)(1) The Department of Human Resources shall consult with providers of automatic teller machine services to consider the implementation of a program or method of blocking access to cash benefits from an electronic benefits transfer access card issued by the department at automatic teller machines located in or at a retail establishment the primary purpose of which is the sale of alcoholic beverages, a casino, a tattoo facility, a facility providing psychic services, or an establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state. If the department determines the implementation of a program is feasible, the department shall initiate the program by October 1, 2015.
(2) If the department requires a federal waiver to comply with this section, the department shall apply immediately for the federal waiver.
(g) The Department of Human Resources shall adopt rules to implement this section.
(h)(1) The Alabama Department of Human Resources shall perform a monthly incarceration match to obtain information to assist in determining eligibility for public assistance benefits based on incarceration status.
(2) If the department determines that a recipient of public assistance benefits is incarcerated at the time the incarceration match is performed, the department shall not issue an electronic benefits transfer access card to the incarcerated recipient. If an electronic benefits transfer access card has already been issued to the incarcerated recipient, the department shall deactivate the card.
(i) The department shall perform a monthly match using the United States Social Security Death Index Database to determine if a recipient is deceased. If the department determines that the recipient is deceased at the time the index match is performed, the department shall not issue an electronic benefits transfer access card. If an electronic benefits transfer access card has already been issued to the deceased recipient, the department shall deactivate the card.
(Act 2014-419, p. 1531, §§1, 2.)
(a) For the purposes of this section, the following terms have the following meanings:
(1) CANDY. Food products that list sugar, cane sugar, corn syrup, or high fructose corn syrup as a primary ingredient. The term includes any confectionery products primarily composed of sugar or sweeteners and intended for consumption as candy, including, but not limited to, chocolate bars, non-chocolate candy, chewing gum, and similar products. The term does not include any baked goods, prepared desserts, bakery items, baking mixes, cooking ingredients, dessert toppings, frostings, jellies, jams, marshmallows, hot cocoa mix, powdered drink mixes, or other foods intended primarily for cooking, baking, or meal preparation.
(2) DEPARTMENT. The Alabama Department of Human Resources.
(3) SNAP BENEFIT. A financial benefit, coupon, or privilege available under the federal Supplemental Nutrition Assistance Program, 7 U.S.C. Chapter 51.
(4) SODA. Beverages that list, as the first two ingredients, any combination of: (i) carbonated water; and (ii) sugar, cane sugar, corn syrup, or high fructose corn syrup. The term does not include any beverages that contain low or non-caloric sweeteners.
(5) USDA FOOD AND NUTRITION SERVICE. The United States Department of Agriculture Food and Nutrition Service.
(b) The commissioner of the department shall request a waiver from the USDA Food and Nutrition Service to authorize the department to exclude candy and soda from the definition of “eligible foods” under 7 C.F.R. § 271.2. The requested waiver shall include an implementation date of no sooner than April 1, 2027.
(c)(1) If the waiver described in subsection (b) is approved by the USDA Food and Nutrition Service, the department shall prohibit the use of SNAP benefits for the purchase of candy and soda, provided that retailers must be provided at least one month’s notice before the waiver may become effective. The department shall provide notice of the effective date of the waiver to SNAP-authorized retailers.
(2) If the waiver described in subsection (b) is approved by the USDA Food and Nutrition Service, the Governor shall direct the appropriate agency to publish a list of items included and excluded under the waiver. The list shall include, but not be limited to, product identification on existing universal product codes or other standard point-of-sale identifiers used by retailers.
(d) If the waiver described in subsection (b) is denied, the commissioner shall resubmit the request for a waiver to the USDA Food and Nutrition Service annually until approval is granted.
(e) If the waiver described in subsection (b) is approved, no retailer may be subject to any fine, penalty, or other punishment for the accidental acceptance of SNAP benefits for the purchase of candy or soda, unless the retailer has more than three accidental acceptances during one fiscal year.
(Act 2026-537, §1.)
Any applicant who qualifies under the provisions of this chapter shall be entitled to an amount of assistance, which, when added to the income of the applicant from all other sources, equals $125.00 per month; provided, that any income or resources permitted to be disregarded by the laws of the United States or regulations issued pursuant thereto in calculating aid to blind persons shall not be considered as income of the applicant and shall not reduce the amount of assistance herein provided. In any case where it is found that the needs of an applicant exceed the minimum provided by this section, an additional amount of assistance shall be paid.
(Acts 1963, No. 574, p. 1195, §3; Acts 1966, Ex. Sess., No. 262, p. 405; Acts 1971, No. 2429, p. 3879.)
Assistance to the blind shall be payable under this chapter to or on behalf of any person:
(1) Who shall comply with the other requirements of this chapter; and
(2) Has not sufficient income and resources to provide a reasonable subsistence compatible with decency and health, as further provided in this chapter; provided, that any income or resources required or permitted by the Federal Social Security Act or regulations made thereunder to be disregarded are hereby excepted; and
(3) Who qualifies for blind assistance under subsection (b) of section 38-4-1.
(Acts 1963, No. 574, p. 1195, §2.)
The purpose of the provisions of this chapter is to relieve blind persons from the distress of poverty, to promote self-care, to enlarge the economic opportunities of the blind and to stimulate the blind to greater efforts in striving to render themselves self-supporting.
(Acts 1963, No. 574, p. 1195, §1.)
An applicant may retain personal or real property owned by him or in combination with any other person without reference to its value if it serves to provide the applicant with a home. Real property owned by the applicant or in combination with his spouse which is producing income, reasonably consistent with its value, which is used for the support of the applicant, may be retained in an amount not to exceed an assessed valuation of $5,000.00 as assessed by the county assessor, less any encumbrances thereon of record. The applicant may retain as a reserve for future contingencies any combination of personal or real property not to exceed a total net value of $1,200.00. The value of the following property shall be excluded in determining eligibility under this chapter:
(1) Personal jewelry, personal effects, home furnishings and other property used to provide, equip and maintain a home for the applicant;
(2) Such additional income and resources by those recipients who have a plan for self-support as may be found necessary to carry out such plan for up to a period of 12 months, or so long as may be permitted under the regulations of the Federal Department of Health, Education and Welfare;
(3) Motor vehicles needed for transportation;
(4) Any property right which is essential to land use or which is not available for the use of or expenditure by or in behalf of the applicant to meet a current or future need of said applicant.
(Acts 1963, No. 574, p. 1195, §4.)
All aid given as public assistance for the blind shall be absolutely inalienable by any assignment, sale, attachment, execution or otherwise; and, in case of bankruptcy, the assistance shall not pass through any trustee or other person acting on behalf of creditors. The cost of hospitalization or other medical care or other service furnished by the state or by a county to a recipient of assistance under this chapter shall not constitute a lien upon any real or personal property or personal effects of such recipient.
(Acts 1963, No. 574, p. 1195, §5.)
No relative shall be held legally liable to support or to contribute to the support of any applicant for or recipient of assistance under this chapter. No relative shall be held liable to defray in whole or in part the cost of any medical care or hospital care or other service rendered to said recipient pursuant to any provision of this chapter if he is an applicant for or a recipient of assistance under this chapter at the time such medical care or hospital care or other service is rendered.
(Acts 1963, No. 574, p. 1195, §6.)
Should any portion, section or clause of this chapter be declared or adjudicated to be contrary to or inconsistent with the provisions of the Social Security Act, as amended, that portion, section or clause of this chapter shall have no further force or effect.
(Acts 1963, No. 574, p. 1195, §8.)
The State Department of Human Resources is authorized to establish, in keeping with Title I of the Federal Social Security Act as amended, a medical assistance program for certain persons 65 years of age and over not receiving old age pensions. The Department of Human Resources shall be responsible for the administration of the program but may contract with another state agency or private organization in connection with this program.
(Acts 1961, No. 683, p. 976, §1.)
Medical assistance for persons 65 years of age and over not receiving old age pensions shall mean the same as the term is defined in the Federal Social Security Act as amended. Any individual receiving medical assistance under this chapter shall have full freedom of choice in selecting any provider of medical care and services, as defined in Title I of the Federal Social Security Act as amended, who is duly licensed to provide such care and services to the general public by a state licensing authority when such licensing is required and who qualifies and agrees to participate under this chapter. All providers of such medical assistance to the aged electing to qualify to participate in the state plan under this chapter shall have the opportunity to do so.
(Acts 1961, No. 683, p. 976, §2.)
The State Board of Human Resources, in conference with the commissioner, shall determine from time to time the scope and kinds of medical assistance for the aged which the department will administer. This determination shall be made with due regard to:
(1) The amount of state and federal funds available for this purpose;
(2) The most pressing medical needs of the aged not receiving old age pensions but without sufficient income and resources to meet the costs of necessary medical services; and
(3) The assurance that persons in similar circumstances will receive equitable treatment throughout the state.
(Acts 1961, No. 683, p. 976, §3.)
The commissioner shall develop reasonable standards and rules of procedure for determining eligibility for medical assistance for the aged, including those necessary to comply with the Federal Social Security Act as amended. Such standards and rules shall prescribe safeguards which restrict the use or disclosure of information concerning applicants for and recipients of medical assistance for the aged to purposes directly connected with the administration of this chapter.
(Acts 1961, No. 683, p. 976, §4.)
Medical assistance for the aged shall be payable under this chapter on behalf of any needy person who has attained the age of 65 years and who:
(1) Has made application therefor in the manner prescribed by the State Department of Human Resources;
(2) Has been certified by the appropriate medical profession to be in need of medical assistance under this chapter;
(3) Has not sufficient income and resources (including insurance, workers’ compensation, etc.) to meet the cost of necessary medical services;
(4) Is a resident of the state;
(5) Has not directly or indirectly disposed of or deprived himself of any property for the purpose of qualifying for the benefits of this chapter;
(6) Is not receiving an old age pension.
Medical assistance for the aged shall be payable under this chapter on behalf of any person who is a patient of an institution, public or private, where such payments are matchable under the provisions of the Federal Social Security Act as amended and where such institution conforms to the requirements of the Federal Social Security Act as amended and applicable statutes of Alabama. Medical assistance for the aged shall be payable under this chapter on behalf of any person who needs noninstitutional care and services for such care and services as provided under Title I of the Federal Social Security Act as amended.
(Acts 1961, No. 683, p. 976, §5.)
Eligibility for medical assistance for the aged shall be determined by the Department of Human Resources through such procedures as the department shall develop.
(Acts 1961, No. 683, p. 976, §6.)
A hearing shall be provided any applicant for or recipient of medical assistance for the aged as provided in Section 38-4-5.
(Acts 1961, No. 683, p. 976, §7.)
The penalty for false representation under this chapter shall be the same as contained in Section 38-4-7.
(Acts 1961, No. 683, p. 976, §8.)
Any portion of this chapter which shall come in conflict with the provisions of the Federal Social Security Act by reason of amendments of said Federal Social Security Act hereafter adopted shall, on certificate of the Attorney General that such conflict exists, be suspended in its operation until amendment thereof can be given consideration by the next legislative session.
(Acts 1961, No. 683, p. 976, §9.)
This chapter shall be known and may be cited as the Child Care Act of 1971.
(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §1.)
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, or both, of the State of Alabama, or which is operated or certified or licensed by another agency or department of the State of Alabama;
b. Any juvenile detention home established and operated by the State of Alabama;
c. Any bona fide boarding school in which children are primarily taught branches of education corresponding to those taught in public schools, grades 1 through 12, or taught in public elementary schools, high schools, or both elementary and high schools.
(3) CHILD-PLACING AGENCY. A public or private child-care facility which receives, places, or arranges for the placement of any child or children in adoptive or foster family homes or other facilities for child care apart from the custody of the child’s or children’s parents. The term includes, but is not limited to, all agencies established and maintained by a municipality or other political subdivision of the State of Alabama to protect, guard, train, or care for children outside their own homes, but does not include any circuit court or juvenile court or any duly appointed juvenile probation officer or youth counselor of the court who receives and places children under an order of the court.
(4) DAY CARE CENTER. Any child-care facility receiving more than 12 children for daytime care during all or part of a day. The term includes, but is not limited to, facilities commonly called “child-care centers,” “day nurseries,” “nursery schools,” “pre-kindergartens,” “preschools,” “kindergartens,” and “play groups,” with or without stated educational purposes. The term further includes, but is not limited to, pre-kindergarten, preschool, kindergarten, or nursery schools or other daytime programs operated as a part of a private school and receiving children younger than lawful school age for daytime care for more than four hours a day, with or without stated educational purposes. The term does not include any of the following:
a. Kindergartens or nursery schools or other daytime programs operated by public elementary systems or secondary level school units or institutions of higher learning.
b. Kindergartens or nursery schools or other daytime programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age.
c. Kindergartens or nursery schools or other daytime programs operated as a part of a private school and receiving children younger than lawful school age for four hours a day or less, with or without stated educational purposes.
d. Facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and readily available. The facilities shall meet local and state fire and health requirements.
e. Any type of day care center that is conducted on federal government premises.
f. Special activities programs for children of lawful school age including, but not limited to, athletics, crafts instruction, and similar activities conducted on an organized and periodic basis by civic, charitable, and governmental organizations, provided local and state fire and health requirements are met.
(5) DAY CARE HOME. A child-care facility which is a family home and which receives not more than six children for care during the day.
(6) DEPARTMENT. The Department of Human Resources of the State of Alabama.
(7) FACILITY FOR CHILD CARE or CHILD-CARE FACILITY. A facility established by any person, group of persons, agency, association, or organization, whether established for gain or otherwise, who or which receives or arranges for care or placement of one or more children, unrelated to the operator of the facility, apart from the parents, with or without the transfer of the right of custody, in any facility as defined in this chapter, established and maintained for the care of children.
(8) FOSTER FAMILY HOME. A child-care facility in a residence of a family where the family receives a child or children, whether related or not related to the family as the term “related” is defined in this section, for the purpose of providing family care or therapeutic family care and training, or transitional living program services on a full-time basis. The types of foster family homes are defined as follows:
a. Traditional foster family home. A child care facility in a residence of a family where the family receives a child or children, not related to that family as that term is defined in Section 12-15-301(14), for the purpose of providing family care and training on a full-time basis.
b. Related foster family home. A foster family home wherein the family is related to the child by blood, marriage, or adoption within the fourth degree of kinship, including only a brother, sister, uncle, aunt, first cousin, grandparent, great-grandparent, great aunt, great uncle, great-great grandparent, niece, nephew, grandniece, grandnephew, or a stepparent.
c. Free home. A foster family home, whether related or not related as defined in Section 12-15-301(14), which does not receive payment for the care of a child or children and which may or may not receive the child or children for the purpose of adoption.
d. Therapeutic foster family home. A child care facility in a residence of a family where the family receives a child or children for the purpose of providing therapeutic family care and training on a full-time basis.
(9) GROUP DAY CARE HOME. A child-care facility which is a family home and which receives at least seven but no more than 12 children for care during part of the day where there are at least two adults present and supervising the activities.
(10) GROUP HOME. A child-care facility where at least seven but not 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.
(11) MATERNITY CENTER. A facility in which any person, agency, or corporation receives or cares for one or more minor pregnant girls, except that the term does not include hospitals.
(12) NIGHT CARE FACILITY. A child-care facility which is a center or a family home receiving a child or children for care during the night. The term includes the following:
a. Nighttime center. A facility which is established to receive more than 12 children for nighttime care.
b. Nighttime home. A family home which receives no more than six children for nighttime care.
c. Group nighttime home. A child-care facility which is a family home which receives at least seven but no more than 12 children for nighttime care and where there are at least two adults present and supervising the activities.
(13) RELATED. Any of the following relationships by blood, marriage, or adoption: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, half brother, half sister, uncle or aunt, and their spouses.
(14) TRANSITIONAL LIVING FACILITY. A child-care facility or program that is designed to give opportunities to practice independent living skills to eligible persons at least 16 years of age and under 21 years of age in foster care in a variety of residential settings with varying degrees of care and supervision.
(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §§2-2.12; Acts 1987, No. 87-671, p. 1198; Acts 1993, 1st Ex. Sess., No. 93-904, p. 197, §1; Acts 1995, No. 95-255, p. 427, §1; Act 2016-354, p. 867, §2; Act 2018-278, §2; Act 2021-225, §1.)
(a) No person, group of persons, or corporation may operate or conduct any facility for child care, as defined in this chapter, without being licensed or approved as provided in this chapter.
(b)(1) Except as provided in subdivision (2), the licensure requirements of this chapter do not apply to a child-care facility that is operating as an integral part of a local church ministry or a religious nonprofit school, and is so recognized in the church or school’s documents, whether operated separately or as a part of a religious nonprofit school unit, secondary school unit, or institution of higher learning under the governing board or authority of the local church or its convention, association, or regional body to which it may be subject.
(2) A child-care facility that receives state or federal funds or is operating for profit is not exempt from licensure under this subsection.
(c) A child-care facility exempt from licensure under subsection (b) shall do all of the following to maintain its license exempt status:
(1) Provide notice of operation on an annual basis to the appropriate fire and health departments so that the facility may be inspected in accordance with the state and local fire and health requirements, provided the facility shall be inspected at least annually by the appropriate fire department and the appropriate health department.
(2) Provide to the department on or before October 1, 2018, and annually thereafter, the following records and certify that the records are being maintained by the church or school:
a. Documentation indicating the child-care facility is in compliance with fire inspections and health inspections.
b. Employee names and their criminal history information pursuant to Section 38-13-3.
c. Proof of property, casualty, and liability insurance, as prescribed by the department.
(3) Provide to the department, upon request, immunization verifications for all children and medical history forms for all staff and children, and certify that the records are being maintained by the church or school.
(4) Provide the department within 30 days of any updated fire inspection report, health inspection report, new criminal background check suitability letter, or receipt of updated insurance information as required under subdivision (2).
(5) Provide notice to parents or guardians of all of the following information prior to enrollment of a child in the child-care facility:
a. Staff qualifications.
b. Pupil-staff ratio.
c. Discipline policies.
d. The type of curriculum used in the learning program.
e. The religious teachings to be given each child.
f. The type of lunch program available.
(6) Post in plain view in a public area a statement that the program is not regulated or licensed by the Department of Human Resources.
(7) Require a parent or guardian to sign an affidavit stating that the parent or guardian has been notified by the responsible individual of the church or school that the child-care facility has filed notice to the department and is exempt from licensure and regulation by the department. The child-care facility shall file the affidavits annually with the department. The affidavit shall be substantially in the following form:
Form of Affidavit for Parent/Guardian
STATE OF ALABAMA
COUNTY OF _____
Before me, a notary public in and for said state and county, appeared _____ and is known to me, after being duly sworn or affirmed, says as follows:
That affiant is the parent or legal guardian of the minor child/children _____; that affiant has been notified by _____, a representative of _____ church/school, that said church or school has filed notice and is exempt under law from regulation by the Department of Human Resources.
______ Parent/Legal Guardian
Sworn, or affirmed to and subscribed before me this _____ day of ___, 20.
(8) A responsible individual of the child-care facility shall file an affidavit annually with the department certifying that it has satisfied all of the requirements of this section. The affidavit shall be substantially in the following form:
Form of Affidavit for Church/School
STATE OF ALABAMA
COUNTY OF _____
Before me, a notary public in and for said state and county, appeared _____ and is known to me, after being duly sworn or affirmed says as follows:
That affiant is the designated representative of _____ church/school and that the below listed parents/guardians have been notified prior to enrollment/reenrollment that _____ church/school has filed notice with and is exempt under law from regulation by the Department of Human Resources: ______
_______________ Representative
The affiant certifies that the child-care facility does not receive state or federal funds and, that to the best of the affiant’s knowledge, no child enrolled in the program receives a child-care subsidy from the Department of Human Resources; the facility is in compliance with all applicable building, fire, and health codes; the facility has provided the information requested under Section 38-7-3, Code of Alabama 1975, to all parents or guardians of children enrolled in the facility; and the facility has posted notice in plain view in a public area stating that the child-care facility is not licensed or regulated by the Department of Human Resources.
Sworn or affirmed to and subscribed before me this ____ day of ____, 20.
_______________ Notary Public
(d)(1) On and after March 21, 2018, any church or nonprofit religious school intending to operate a new child-care facility in the state shall notify the department at least 30 days prior to operating, and the department shall inspect the facility and ensure compliance with this section before the facility may begin operating.
(2) The department shall inspect any child-care facility that is exempt from licensure under subsection (b) at any time if it has reasonable cause to believe the facility is not in compliance with this section or the safety of a child is at risk. If the department finds there exists a situation that may put the safety of a child at risk, the department may refer to the fire or health department or to the local district attorney for the proper remedy or action.
(e) The district attorney of the county in which a child-care facility that is exempt from licensure under subsection (b) is located, upon presentment of charges, shall investigate at his or her discretion, any allegations against the church or nonprofit religious school operating the facility under the laws of the state.
(f) The department, upon request, shall provide any documentation necessary to confirm any of the information relevant to a determination of whether a child-care facility is exempt under subsection (b) to the district attorney.
(g) Any child-care facility that is exempt from licensure under subsection (b), upon request by the department, shall provide the department with any information listed in subsection (c) within 15 days.
(h) Nothing in this section or in this chapter prohibits an employee of the department from carrying out the duties of the department as prescribed in this title.
(i) Nothing in this section or in this chapter infringes upon the religious teaching or practices of a licensed faith-based child-care facility.
(j) A child-care facility that is an integral part of a church or nonprofit religious school, other than a child care facility exempt from licensure under subsection (b), shall be licensed in accordance with this chapter no later than August 1, 2019.
(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §3; Acts 1981, No. 81-310, p. 396; Act 2018-278, §§2,4.)
Any person, group of persons or corporation who or which receives children or arranges for care or placement of one or more children unrelated to the operator shall apply for a license or for approval to operate one of the types of child-care facilities defined in this chapter. Application for such license or approval to operate a child-care facility shall be made to the department in the manner and on forms prescribed by it. The department, upon receiving such application, shall examine the premises of the child-care facility, including buildings, equipment, furnishings and appliances thereof and shall investigate the persons responsible for the care of children therein. If, upon such examination of the facility and investigation of the persons responsible for care of children, the department is satisfied that the facility and the responsible persons reasonably meet standards prescribed for the type of child-care facility for which application is made, the department shall issue a license or an approval in the proper form, designating on said license or approval the type of child-care facility and, except for a child-placing agency, the number of children to be served at any one time. Application to operate a foster family home may be made to a licensed child-placing agency as defined in subdivision (7) of Section 38-7-2, and such licensed child-placing agency may examine said foster family home and investigate persons therein responsible for the care of children, and, upon being satisfied that the foster family home and the responsible persons reasonably meet standards prescribed by the department, said licensed child-placing agency may issue an approval to said foster family home.
(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §4.)
(a) Licenses or approvals shall be issued in such form and manner as prescribed by the department and are valid for two years from the date issued, unless revoked by the department or voluntarily surrendered by the licensee, or by the child-care facility designated on the notice of approval, provided, that the following occur:
(1) Licenses or approvals for boarding homes are valid for one year from the date of issuance, unless revoked by the department, or by the licensed child-placing agency which issued the approval, or unless voluntarily surrendered by the licensee or by the child-care facility designated on the notice of approval.
(2) Approvals for free homes shall continue in effect until notice of disapproval is given by the department, or by the licensed child-placing agency which issued the approval, or until the child-care facility designated on the notice of approval voluntarily withdraws.
(b) The department may issue a six-month permit to a facility for child care to allow such facility reasonable time to become eligible for a full license; provided, however, that no such six-month permit shall be issued to a foster family home.
(c) Notwithstanding any other provision of law to the contrary, when a child is taken into the department’s foster care or custody on an emergency basis, or when there is a disruption or imminent disruption in a current foster care placement requiring placement elsewhere, and a prospective foster home is available, the department or licensed child-placing agency may conduct a preliminary inspection of the home and issue a provisional approval of the home. The provisional approval shall continue in effect for no more than six months and is nonrenewable. A provisional approval may be denied or revoked by the department at any time for failure to meet minimum standards set by the department or for any reason set forth in Section 38-7-8.
(d) Prior to the emergency licensing of foster homes, the department shall adhere to the settlement agreement reached in the R.C. v. Nachman lawsuit relating to preferential treatment for family members concerning the placement of children.
(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §5; Acts 1996, No. 96-765, p. 1350, §1.)
(a) A licensed or approved child-care facility operating under this chapter shall apply for renewal of its license or approval, the application to be made to the department on forms prescribed by it; provided, however, that application for renewal of approval of a boarding home may be made to the licensed child-placing agency which issued the approval.
(b) The department shall reexamine every child-care facility for renewal of license or approval, including in that process, but not limited to, the examination of the premises and records of the facility and the persons responsible for the care of children as the department considers necessary to determine that minimum standards for licensing or approval continue to be met; provided, however, that in the case of a boarding home approved by a licensed child-placing agency, such reexamination may be made by said agency. If the department or the licensed child-placing agency, as the case may be, is satisfied that the facility continues to meet and maintain minimum standards which the department prescribes and publishes, the department shall renew the license or approval to operate the facility or the licensed child-placing agency shall renew its approval of a boarding home.
(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §6.)
(a) The department shall prescribe and publish minimum standards for licensing and for approving all child-care facilities, as defined in this chapter. In establishing such standards the department shall seek the advice and assistance of persons representative of the various types of child-care facilities. The standards prescribed and published under this chapter shall include regulations pertaining to:
(1) The operation and conduct of the child-care facility and the responsibility it assumes for child care;
(2) The character, suitability and qualifications of the applicant and other persons directly responsible for the care and welfare of children served;
(3) The general financial ability and competence of the applicant to provide necessary care for children and to maintain prescribed standards;
(4) The number of individuals or staff required to insure adequate supervision and care of the children served;
(5) The appropriateness, safety, cleanliness and general adequacy of the premises, including maintenance of adequate fire prevention and health standards conforming to state laws and municipal codes to provide for the physical comfort, care, well-being and safety of children served;
(6) Provisions for food, clothing, educational opportunities, program equipment and individual supplies to assure the healthy physical and mental development of children served, consistent with the definitions contained in this chapter;
(7) Maintenance of records pertaining to the admission, progress, health and discharge of children, and provisions for confidentiality of such records;
(8) Filing of reports with the department; and
(9) Discipline of children.
(b) If, in a facility for child care, there are children diagnosed as mentally ill, mentally retarded or physically handicapped who are determined to be in need of special mental treatment or of nursing care, or both mental treatment and nursing care, the department shall seek the advice and recommendation of the Department of Mental Health or the State Board of Health, or of both, regarding the residential treatment and nursing care provided by the facility.
(c) The department, in applying standards prescribed and published, as herein provided, shall offer consultation through employed staff or other specified persons to assist applicants and licensees in meeting and maintaining minimum requirements for a license and to help them otherwise to achieve programs of excellence related to the care of children served.
(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §7.)
(a) In addition to the standards for licensing established pursuant to Section 38-7-7, each day care center, day care home, group day care home, and night care facility shall implement and abide by a screen time policy that meets the requirements of Article 4, Chapter 24 of Title 26, as a condition for licensing under this chapter.
(b) The department shall incorporate a screen time policy that meets the requirements of Article 4, Chapter 24 of Title 26, in the department’s minimum standards for licensing and approving day care centers, day care homes, group day care homes, and night care facilities, as defined by this chapter, and monitor compliance with this section as the department deems necessary, provided that the department must:
(1) Review compliance during any inspection under Section 38-7-11;
(2) Require staff who supervise children to undergo training established pursuant to Section 26-24-64; and
(3) If a child-care facility listed in subsection (b) is not in compliance with this section, prioritize additional training through the Department of Early Childhood Education with the noncompliant staff members. If noncompliance continues, the department may adopt or enforce a corrective action plan.
(Act 2026-169, §4.)
The department may revoke or refuse to renew the license or the approval of any child-care facility or refuse to issue a full license to the holder of a six-month permit should the license or the child-care facility designated on the notice of approval or the holder of a six-month permit:
(1) Consistently fail to maintain standards prescribed and published by the department;
(2) Violate the provisions of the license issued;
(3) Furnish or make any misleading or any false statements or report to the department;
(4) Refuse to submit to the department any reports or refuse to make available to the department any records required by the department in making investigation of the child-care facility for licensing purposes; provided, however, that the department shall not revoke or refuse to renew a license in such case unless it has made written demand on the person, firm or corporation operating the facility requesting such report or reports and such person, firm or corporation fails or refuses to submit such records for a period of 10 days;
(5) Fail or refuse to submit to an investigation by the department;
(6) Fail or refuse to admit authorized representatives of the department at any reasonable time for the purpose of investigation;
(7) Fail to provide, maintain, equip and keep in safe and sanitary condition premises established or used for child care as required under standards prescribed by the department, or as otherwise required by any law, regulation or ordinance applicable to such facility;
(8) Refuse to display its license or permit; or
(9) Fail to maintain financial resources adequate for the satisfactory care of children served in regard to upkeep of premises and provisions for personal care, medical services, clothing, learning experience and other essentials in the proper care, rearing and training of children.
(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §8.)
In the event a party or an applicant for a license or a licensee is denied a license or a renewal of a license or has a license suspended or revoked for the operation of a child-care facility required by this chapter to be licensed by the department, or in the event an application for such a license or renewal of a license is not acted upon with reasonable promptness, or in the event an approval required by this chapter to be issued by the department is denied or revoked or unduly delayed, any aggrieved party may appeal to the department for a fair hearing of his case. Notice and opportunity for a fair hearing and notice of right to counsel shall be given the appellant by the department, and at this hearing any party at interest may appear and present any relevant facts. The decision or action of the department on any fair hearing on any such appeal shall be final and binding and shall be complied with.
Any party aggrieved by a final decision or action of the department refusing to grant or to issue, or suspending or revoking a license or an approval for the operation of any child-care facility required by law to be licensed or approved by the department is entitled to a review of such final decision or action by filing a complaint with the circuit court in the county in which the child-care facility is located or in the Circuit Court of Montgomery County, Alabama. All such complaints shall be filed within 30 days from the date of such final decision or action, and a review shall be granted as a matter of right upon the filing with the department of a bond for security of costs of said review and upon filing said complaint both with the register or clerk of the circuit court, as designated hereinabove, and with the department. The court may set aside the final decision of the department only upon a finding of the court that such final decision was illegal, capricious or unsupported by the evidence. Upon motion of either party or upon its own motion the court may at its discretion take additional evidence. The provisions of this section shall not apply to boarding homes and free homes as defined in this chapter.
(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §9.)
Whenever the department is advised or has reason to believe that any person, group of persons or corporation is operating a child-care facility without a license or an approval or a six-month permit, it may make an investigation to ascertain the fact. If it finds that the child-care facility is being operated or has operated without a license or an approval or a six-month permit, it shall report the results of its investigation to the Attorney General and to the appropriate district attorney for prosecution; provided, however, that the department may delay in making said report to the Attorney General for a reasonable period of time, not to exceed 60 days, in order to give the person, group of persons or corporation operating the child-care facility reasonable opportunity to apply for a license or an approval or a six-month permit, and, therefore, to meet the standards prescribed in this chapter.
(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §10.)
The department shall have the right and its authorized representatives shall be afforded reasonable opportunity, to inspect any child-care facility seeking a license or an approval or a six-month permit pursuant to this chapter, any child-care facility seeking a renewal of a license or an approval or a six-month permit pursuant to this chapter and any child-care facility which is operating under a license or an approval or a six-month permit issued pursuant to this chapter. Such inspection shall include, but not be limited to, premises, services, personnel, program, accounts and records, interviews with agents and employees of the child-care facility being inspected and interviews with any child or other person within the custody or control of said child-care facility. Such inspection shall be made at any reasonable time, without prior notice, and as often as necessary to enforce and administer the provisions of this chapter. It shall be the duty of the department, through its agents, to conduct the inspections authorized hereinabove. If any such inspection of a licensed or approved child-care facility discloses any condition, deficiency, dereliction or abuse which is, or could be, hazardous to the health, the safety or the physical, moral or mental well-being of the children in the care of the child-care facility being inspected, the same shall at once be brought to the attention of the department, and the department shall have the power to revoke without notice the license or approval or six-month permit of such child-care facility. In this event, the child-care facility shall not operate during the pendency of any proceeding for fair hearing or judicial review, except under court order.
(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §11.)
A child-care facility licensed or approved or operating under a six-month permit issued by the department may publish advertisements of the services for which it is specifically licensed or approved or issued a permit under this chapter. No person, unless licensed or approved or holding a permit as a child-care facility, may cause to be published any advertisement soliciting a child or children for care or placement or offering a child or children for care or placement.
(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §12.)
Every child-care facility shall keep and maintain such records as the department may prescribe pertaining to the admission, progress, health and discharge of children under the care of the facility. Records regarding children and facts learned about children and their relatives shall be kept confidential by the child-care facility and by the department. The department is authorized to promulgate rules and regulations governing the custody, use and disclosure of information in such records. Any person who has arrived at the age of 19 and who was placed by the department or by a licensed child-placing agency shall have the right to receive from the department or from the licensed child-placing agency information concerning his placement; except, that the name and address of a natural parent or relative shall be given by the department or the licensed child-placing agency only with the consent of said natural parent or relative.
(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §13.)
Every child-care facility shall make reports to the department on forms prescribed by the department and at times required by the department, giving information pertaining to the children under care and such other facts as the department may require.
(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §14.)
(a) Not later than September 1, annually, each day care center shall provide educational information on influenza disease to the parent or legal guardian of each enrolled child. The educational information shall include, but need not be limited to, the causes and symptoms of influenza and the means by which it is spread; the risks associated with influenza; the availability, effectiveness, and known contraindications of the influenza vaccine; and the latest influenza vaccine recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.
(b) Nothing in this section shall require a day care center to provide or pay for any vaccination for influenza.
(Act 2018-160, §1.)
(a) No person or agency shall bring or send any child into the State of Alabama for the purpose of placing him or procuring his adoption or placing him in any child-care facility, as defined herein, without first obtaining the consent of the department. The department shall have the power to impose and enforce reasonable conditions precedent to the granting of such consent. Such conditions shall be for the purpose of providing the same care and protection for the child coming into the State of Alabama for placement or adoption as are afforded to a child who is born in the State of Alabama, and such conditions shall include the following:
(1) The department shall be authorized to designate an agency in another state from which said child is being brought or sent, or in which said child’s parents or guardian may be found, to interview said parent or parents or guardians, or at least one of them, for the purpose of obtaining social information, background information and medical information about said child;
(2) The department shall be authorized to receive such information from the designated agency in the other state;
(3) The department shall be authorized to receive the birth certificate of said child from the designated agency in the other state or from other appropriate agency in the other state;
(4) The department shall be authorized to make a thorough investigation of the proposed foster parent or parents, and their home, to determine whether or not they are financially able, physically able and morally fit to have the care, supervision, training and control of said child;
(5) The department shall be authorized to make a thorough investigation of any child-care facility to which any child is being brought or sent to determine conformity to minimum standards prescribed herein for approval or licensing and to determine the suitability of such child-care facility for the care, supervision, training and control of said child;
(6) In case said child, subsequent to being brought into the State of Alabama, becomes dependent, neglected or delinquent prior to his adoption or becoming of legal age of majority, said child shall be subject to the laws of the State of Alabama as if he were a resident child of this state;
(7) The child will be placed in conformity with the rules and regulations of the department;
(8) The person with whom the child is placed shall be responsible for his proper care and training;
(9) The department shall have the right of visitation and supervision of the child and the home or the child-care facility in which he is placed until adoption becomes final or the child becomes 18 years of age;
(10) The department may, pursuant to the provisions of this chapter, prescribe the conditions of an agreement or contract with the designated out-of-state agency, when a child is brought into the State of Alabama.
(b) The person or agency receiving the child in Alabama shall report to the department at such reasonable times as the department may direct, as to the location and well-being of the child, so long as he shall remain within the state and until he shall have reached the age of 18 years or shall have been legally adopted.
(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §15.)
Any person, group of persons, association or corporation who:
(1) Conducts, operates or acts as a child-care facility without a license, or a six-month permit or an approval to do so in violation of the provisions of this chapter;
(2) Makes materially false statements in order to obtain a license or permit;
(3) Fails to keep the records and make the reports provided under this chapter;
(4) Advertises any service not authorized by the license or permit held;
(5) Publishes any advertisement in violation of this chapter;
(6) Receives within this state any child in violation of Section 38-7-15;
(7) Violates any other provision of this chapter or any reasonable rule or regulation adopted and published by the department for the enforcement of the provisions of this chapter, shall be guilty of a misdemeanor and shall be fined not less than $100.00 nor more than $1,000.00 or be imprisoned in the county jail not longer than one year, or both, and, in case of an association or corporation, imprisonment may be imposed upon its officers who knowingly participated in the violation.
In a prosecution under this chapter, a defendant who relies upon the relationship of any child to himself has the burden of proof as to that relationship.
(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §16.)
It shall be the duty of every district attorney or assistant district attorney within the circuit, county or other territory for which he is elected or appointed to institute action for the enforcement of the provisions of this chapter or to prosecute action for the violation of the provisions of this chapter, or both.
(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §17.)
(a) There is hereby provided a mandatory state subsidized child day-care services program within the Department of Human Resources for a minimum average of 6,500 eligible children at not less than the current Department of Human Resources payment rates for a payment-to-provider cost of not less than $8,600,000.00, annually, based on fiscal year ending September 30, 1987.
(b) There is hereby provided, in addition to any and all other appropriations to the Department of Human Resources, a conditional appropriation of $2,400,000.00 from the Alabama Special Educational Trust Fund for the fiscal year beginning October 1, 1987, to the Department of Human Resources, to provide child day-care services for an additional 1,800 eligible children. The appropriation herein provided is conditional upon the condition of the Alabama Special Educational Trust Fund as ascertained by the Governor, and shall be released only upon orders of the Governor.
(Acts 1987, No. 87-822, p. 1658, §§1, 2.)
The Department of Human Resources may contract for utility services, purchase real or personal property, or enter into lease agreements for and may operate residences to be used as transitional living facilities to provide transitional living program services to an eligible child as defined in Section 38-7-2.
(Acts 1993, 1st Ex. Sess., No. 93-904, p. 197, §2.)
Nothing in this chapter shall preclude an individual under the age of 19 years who has graduated from a high school with a Child Development Associate Credential from being employed by a day care center and counted in the staff-child ratio, as defined in subdivision (4) of Section 38-7-2.
(Act 2016-354, §3.)
A church, religious nonprofit entity, or religious nonprofit school that has been operating a day care center or preschool program without a license prior to March 21, 2018, that chooses to become a licensed day care center under this chapter shall have 90 days from March 21, 2018, to come into compliance with all licensing requirements of this chapter and related rules adopted by the department, except the church, religious nonprofit entity, or religious nonprofit school shall not be required to meet minimum standards for licensed day care centers or nighttime centers relating to physical building design, size, and fixtures for existing construction.
(Act 2018-278, §3.)
(a) For the purposes of this section, the term “employee” means an individual who is hired to facilitate the care of children attending day care centers. The term does not include service staff, such as cooks, janitors, or bus drivers.
(b)(1) On or before August 1, 2027, the State Department of Human Resources shall establish an anaphylactic response policy that sets forth guidelines and procedures required for day care centers and trained staff to prevent a child from suffering from anaphylaxis and to be used during a medical emergency resulting from anaphylaxis.
(2) On and after January 1, 2028, all day care centers shall implement the anaphylactic response policy developed by the State Department of Human Resources pursuant to this section.
(3) On and after January 1, 2028, upon enrollment of a child at a licensed day care center, and annually thereafter, the day care center shall notify the parent or guardian of the anaphylactic response policy in writing.
(4) The policy shall be developed in consultation with the Alabama Department of Public Health and the Alabama State Board of Pharmacy and shall be based on the guidance and recommendations provided by the American Academy of Pediatrics relating to the management of food allergies or other allergies.
(5) At a minimum, the anaphylactic response policy shall require all of the following:
a. A procedure and treatment plan, including emergency protocols and responsibilities, for trained employees responding to a child suffering, or reasonably believed to be suffering, from anaphylaxis.
b. Appropriate guidelines for each day care center to develop an individual emergency plan for children with an allergy that could result in anaphylaxis. These plans shall be kept by the day care center and followed in the event of an emergency. All employees must be aware of which children have individual emergency plans and where the plans are stored.
c. Strategies for reducing the risk of exposure to anaphylactic-causative agents, including food and other allergens.
(c) Beginning August 1, 2027, all employees of licensed day care centers must complete an anaphylaxis training program developed by the Alabama Department of Public Health pursuant to Section 22-1-16 and shall complete this program or subsequent online training developed by the Alabama Department of Public Health every two years thereafter. Each day care center shall issue a certificate, as developed by the Alabama Department of Public Health, to each employee who successfully completes the anaphylaxis training program. Each day care center shall keep on file a copy of all issued certificates.
(d) Day care centers that opt to acquire and keep stock of nonpatient-specific epinephrine delivery systems on site as authorized entities pursuant to Section 22-1-16 are subject to and must comply with all requirements, immunity provisions, and liability provisions as prescribed by that section.
(e) The following persons shall not be liable for any injuries or related damages that result from any act or omission taken pursuant to this section, provided this immunity does not apply to an act or omission constituting willful or wanton conduct:
(1) An authorized entity that possesses and makes available epinephrine delivery systems and its employees, agents, and other individuals, pursuant to Section 22-1-16.
(2) An individual or entity that conducts the training described in this section, but only to the extent the injuries or related damages arise from the training conducted by the individual or entity. The immunity provided in this subsection does not affect a manufacturer’s liability regarding the design, manufacture, and instructions regarding the use of, or training regarding the use of, an epinephrine delivery system.
(3) An employee who responds in good faith to the anaphylactic reaction of a child in accordance with the guidelines implemented under this section for acts or omissions in the course of responding to the reaction.
(Act 2026-252, §1.)
[Repealed]
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1993, No. 93-263, p. 398.)
[Repealed]
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1993, No. 93-263, p. 398.)
[Repealed]
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1993, No. 93-263, p. 398.)
[Repealed]
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1993, No. 93-263, p. 398.)
(a) A licensed day care center shall have a written plan for evacuation in the event of fire, natural disaster, or other threatening situation that may pose a health or safety hazard to the children in the center. The plan shall include, but not be limited to, all of the following:
(1) A designated relocation site and evacuation route.
(2) Procedures for notifying parents of the relocation and ensuring family reunification.
(3) Procedures to address the needs of individual children including children with special needs.
(4) Instructions relating to the training of staff or the reassignment of staff duties, as appropriate.
(5) Coordination with local emergency management officials.
(6) A program to ensure that appropriate staff are familiar with the components of the plan for evacuation.
(b) A licensed day care center shall update the plan for evacuation by December 31 of each year.
(c) A licensed day care center shall retain an updated copy of the plan for evacuation, provide an updated copy to appropriate local emergency management officials, and provide a copy to the parent, custodian, or guardian of each child at the time of the child’s enrollment in the day care center and when the plan is updated.
(Act 2009-456, p. 794, §1.)
The county commission of each county shall have jurisdiction, power and authority necessary and proper for the relief and support of the poor of its county, including the power to acquire and hold property and employ persons necessary therefor, and payment therefor shall be made out of county funds.
(Code 1907, §1599; Code 1923, §2788; Acts 1927, No. 476, p. 521; Code 1940, T. 44, §1.)
Upon the decease of any person having no estate and leaving no relatives in the county with the ability or estate adequate to defray his necessary burial expenses, such necessary burial expenses are a charge upon the county in which such death shall take place, and the county commission, upon the presentation of the account of such burial expenses shall make payment therefor.
(Code 1867, §§1466, 1467; Code 1876, §§1747, 1748; Code 1886, §§1472, 1473; Code 1896, §§3240, 3241; Code 1907, §§1612, 1613; Code 1923, §§2790, 2801, 2802; Code 1940, T. 44, §§15, 16.)
The county commission of each county shall have the power and authority, with the approval of the State Department of Human Resources and security, to make other or further provision for the care of the poor of the county. The disbursement of funds for this purpose shall be made through agencies and in such manner as may be approved by the State Department of Human Resources.
(Acts 1932, Ex. Sess., No. 289, p. 283; Code 1940, T. 44, §18.)
This chapter shall be known and may be cited as the Adult Protective Services Act of 1976.
(Acts 1977, No. 780, p. 1340, §1.)
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 person as a result of family relationship or who has assumed the responsibility for the care of the person voluntarily, by contract, or as a result of the ties of friendship.
(4) COURT. The circuit court or probate court.
(5) DEPARTMENT. The Department of Human Resources of the State of Alabama.
(6) EMOTIONAL ABUSE. The willful or reckless infliction of emotional or mental anguish or the use of a physical or chemical restraint, medication, or isolation as punishment or as a substitute for treatment or care of any protected person.
(7) EMPLOYEE OF A NURSING HOME. A person permitted to perform work in a nursing home by the nursing home administrator or by a person or an entity with an ownership interest in the facility, or by both. A person shall be considered an employee whether or not he or she receives compensation for the work performed.
(8) EXPLOITATION. The expenditure, diminution, or use of the property, assets, or resources of a protected person without the express voluntary consent of that person or his or her legally authorized representative or the admission of or provision of care to a protected person who needs to be in the care of a licensed hospital by an unlicensed hospital after a court order obtained by the State Board of Health has directed closure of the unlicensed hospital. For the purpose of this section and Sections 38-9-6 and 38-9-7, the term “unlicensed hospital” shall have the meaning ascribed to it in Section 22-21-33, and the term “licensed hospital” shall have the meaning ascribed to it in Section 22-21-20.
(9) INTENTIONALLY. A person acts intentionally with respect to a result or to conduct described by a statute defining an offense, when his or her purpose is to cause that result or to engage in that conduct.
(10) INTERESTED PERSON. Any adult relative, friend, or guardian of a protected person, or any official or representative of a public or private agency, corporation, or association concerned with the welfare of the protected person.
(11) MISAPPROPRIATION OF PROPERTY OF A NURSING HOME RESIDENT. The deliberate misplacement or wrongful, temporary, or permanent use or withholding of belongings or money of a resident of a nursing home without the consent of the resident.
(12) NEGLECT. The failure of a caregiver to provide food, shelter, clothing, medical services, or health care for the person unable to care for himself or herself; or the failure of the person to provide these basic needs for himself or herself when the failure is the result of the person’s mental or physical inability.
(13) NEURODEGENERATIVE. Relating to or being a progressive loss of neurologic function.
(14) NURSING FACILITY. A facility that is licensed as a nursing home by the Alabama Department of Public Health pursuant to Article 2, Chapter 21, Title 22.
(15) OTHER LIKE INCAPACITIES. Those conditions incurred as the result of accident or mental or physical illness, producing a condition that substantially impairs an individual from adequately providing for his or her own care or protecting his or her own interests or protecting himself or herself from physical or mental injury or abuse.
(16) PERSON. Any natural human being.
(17) PHYSICAL INJURY. Impairment of physical condition or substantial pain.
(18) PROTECTED PERSON. Any person 18 years of age or older subject to protection under this chapter and not otherwise subject to the jurisdiction of the juvenile court or any person, including, but not limited to, persons with a neurodegenerative disease, persons with intellectual disabilities and developmental disabilities, or any person 18 years of age or older who is not otherwise subject to the jurisdiction of the juvenile court and who is mentally or physically incapable of adequately caring for himself or herself and his or her interests without serious consequences to himself or herself or others.
(19) PROTECTIVE SERVICES. Those services whose objective is to protect an incapacitated person from himself or herself and from others.
(20) RECKLESSLY. A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he or she is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk shall be of such nature and degree that its disregard constitutes a gross deviation from the standard conduct that a reasonable person would observe in the situation. A person who creates a risk but is unaware of that risk solely by reason of voluntary intoxication, as defined in subdivision (e)(2) of Section 13A-3-2, acts recklessly with respect thereto.
(21) SERIOUS PHYSICAL INJURY. Physical injury that creates a risk of death, or that causes serious and protracted disfigurement, protracted impairment of health, protracted loss of the function of any bodily organ, or the impairment of the function of any bodily organ.
(22) SEXUAL ABUSE. Any conduct that constitutes a crime under Article 4 of Chapter 6 of Title 13A.
(Acts 1977, No. 780, p. 1340, §2; Acts 1989, No. 89-825, p. 1652, §1; Acts 1994, No. 94-615, p. 1134, §1; Act 2000-455, p. 837, §1; Act 2008-390, p. 735, §1; Act 2018-564, §1; Act 2022-123, §1.)
The legislature recognizes that there are many adult citizens of the state who, because of the infirmities of age, disabilities or like incapacities, are in need of protective services. Such services should, to the maximum degree of feasibility, allow the individual the same rights as other citizens, and at the same time protect the individual from exploitation, neglect, abuse and degrading treatment. This chapter is designed to establish those services and assure their availability to all persons when in need of them, and to place the least possible restriction on personal liberty and exercise of constitutional rights consistent with due process and protection from abuse, exploitation and neglect.
(Acts 1977, No. 780, p. 1340, §1.)
The probate court and circuit court shall have concurrent original and general jurisdiction as to all matters mentioned in this chapter.
(Act 2022-123, §2.)
(a) Protective services may be arranged when an adult person is in need of care and protection because of danger to his health or safety; provided, that nothing in this chapter shall be construed to mean that the department is chargeable for the cost of such care except where such care is specifically provided for by law or departmental regulations and funding exists for such purpose. All protective services shall be in conformity with the wishes of the person to be served unless the person is unable or unwilling to accept such services, and if the person is unable or unwilling to accept such services, the court may order such services. The department may be required to provide or arrange for services only for persons it is equipped to serve and agrees to serve.
(b) The department shall seek out, through investigation, complaints from citizens or otherwise, the adults in the state who are in need of care and protection because of danger to their health or safety, and shall, as far as may be possible, through existing agencies, public or private, or through such other resources as are available, aid such adults to a fair opportunity in life.
(Acts 1977, No. 780, p. 1340, §3.)
When there is brought to the attention of a county department of human resources a person who is unable, because of physical or mental disabilities, to provide for his basic needs for shelter, food, clothing or health care, and whose health or safety is in immediate danger, the department may arrange for protective services with the consent of the person. If the person is incapable of giving consent or does not consent, the department shall petition the court for an order authorizing the department to arrange for care for such person immediately. Upon a determination by the court that such care is urgently and immediately necessary to protect the health or safety of the person, an appropriate order of the court shall be issued authorizing the department to arrange for the placement of such person in an approved foster home, licensed nursing home or other similar facility immediately. At the proceeding to obtain the necessary order, any relative or other interested person may appear to oppose or join in the petition of the department. In the event of such involuntary protective placement the court shall thereafter, within 10 days, cause notice to be given, as appropriate, to the person, his spouse and other interested persons of the action of the court, the present whereabouts of the person and setting a time for a hearing on the matter of the person’s need for protective placement, the appropriateness of the present placement and arrangements for future care.
(Acts 1977, No. 780, p. 1340, §9.)
(a) An interested person may petition the court to order protective placement or other protective services for an adult in need of protective services. No protective placement or other protective services may be ordered unless there is a determination by the court that the person is unable to provide for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person, the court of the circuit in which the person resides shall appoint a day, not more than 30 days from the filing of the petition, for the hearing on the petition. If, on the hearing of a petition, the person is not represented by counsel, the court shall appoint a guardian ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing to serve as the trier of facts.
(b) Costs of court proceedings under this chapter shall be paid as other civil court costs are paid, as provided for by law.
(c) The court shall give preference in making a determination to the least drastic alternative considered to be proper under the circumstances, including a preference for noninstitutional care wherever possible. Before ordering the protective placement of any person, the court shall direct a comprehensive evaluation of the adult in need of services, if such an evaluation has not already been made and if it is necessary. The court may utilize available resources in the community in determining the need for placement. The department shall cooperate with the court in securing available resources for the person to be served. A copy of the comprehensive evaluation shall be provided to the guardian or to the guardian ad litem or attorney of the person if a guardian has not been appointed. The court obtaining the evaluation shall request appropriate information which shall include at least the following:
(1) The address of the place where the person is residing and the person or agency who is providing services at present, if any.
(2) A resume of any professional services provided to the person by the department or other agency in connection with the problems creating a need for placement.
(3) A medical, psychological, social, vocational, and educational evaluation and review, where necessary.
(d) The department which arranges for a protective placement shall make an evaluation and submit a written report to the court at least once every six months covering the physical, mental, and social condition of each person for whom it is acting and shall recommend an alternative arrangement where appropriate.
(e) Any record of the department or other agency pertaining to such a person shall not be open for public inspection. Information in a record shall not be disclosed publicly in such a manner as to identify individuals, but may be made available on application for cause to persons approved by the commissioner of the department or by the court.
(f) Placement may be made in an appropriate alternative living arrangement such as a licensed nursing home, licensed personal care facility, or approved foster care home. No person shall be committed to a mental health facility under this chapter. A court may enter orders granting the department additional time to locate an appropriate licensed facility in which to place a person living in an unlicensed facility.
(g) If the person is eligible for the adult services program of the department, usual department policies shall be followed in regard to fees or payments, or both. If the person’s income or resources, or both, make him or her ineligible for department services other than protective services, payment for services in relation to his or her evaluation, and to his or her care in a protective setting is to be made from his or her income or resources, or both. A guardian, a conservator, or both, may be appointed by the court. The department shall not be appointed as guardian or conservator and shall not be appointed custodian other than for the limited purpose, where appropriate, of transporting an adult for protective placement as ordered by the court. If it is agreeable with the person to be served, the court may appoint a guardian, or conservator, or both, having the same powers, duties, and obligations, including having a bond, as a guardian of an incapacitated person or a conservator under the Alabama Uniform Guardianship and Protective Proceedings Act and it shall not be necessary to have a hearing on that issue; otherwise, the court may appoint a guardian, a conservator, or both, following the procedures provided by the Alabama Uniform Guardianship and Protective Proceedings Act. If a jury is requested or required, the jury impanelled in this court according to subsection (a) of this section shall serve that function.
(h) When any adult in need of protective services is unable to manage his or her estate and because of the inability is in danger of being reduced to poverty and want, an interested person may petition the court to preserve the estate of the person, to direct use of the estate for the needs of the person, and for the general relief of the person.
(i) No civil rights are relinquished as a result of any protective placement under this chapter. Nothing in this chapter shall be construed to authorize or require medical care or treatment for a person in contravention of his or her stated or implied objection upon the grounds that the medical care and treatment conflict with his or her religious beliefs and practices.
(j) As far as is compatible with the mental and physical condition of the adult in need of services or claimed to be in need of services under this chapter, every reasonable effort shall be made to assure that no action is taken without the full and informed consent of the person.
(k) To promote coordination, placement, and service delivery for persons living in unlicensed facilities and needing placement in a licensed facility, the department shall establish a coordinating council composed of representatives of interested state and local agencies including the state Department of Public Health and the state Department of Mental Health. The council shall also include representatives from the Alabama Nursing Home Association, Alabama Assisted Living Association, Alabama Hospital Association, and other interested persons, agencies, or groups as determined by commissioner. The council shall meet at times designated by the commissioner for coordination purposes identified by the commissioner including identifying resources and placements, increasing needed supportive services, and assuring maximum community coordination of effort in placing in a licensed facility persons living in an unlicensed facility.
(Acts 1977, No. 780, p. 1340, §4; Acts 1989, No. 89-825, p. 1652, §2; Acts 1994, No. 94-615, p. 1134, §1; Act 2008-390, p. 735, §1.)
(a) Nothing in this section applies to actions pending in a probate court where the judge of probate is a member in good standing with the Alabama State Bar.
(b) At any time after the filing of a petition, but before a hearing contemplated in Section 38-9-6, any protected person, interested person, or party to an action under this chapter may remove the action from the probate court to the circuit court for the county in which the probate court is located by doing all of the following, which shall effect the removal:
(1) Filing in the circuit court a notice of removal together with a copy of all processes, pleadings, and orders filed in the probate court.
(2) Serving all parties to the action with a copy of the removal notice.
(3) Filing a copy of the removal notice with the clerk of the probate court.
(c) Upon completion of all of the requirements of subsection (b), jurisdiction shall immediately vest in the circuit court, and the probate court shall proceed no further.
(Act 2022-123, §2.)
(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 physical injury.
(d) Any person who intentionally abuses or neglects a person in violation of this chapter, shall be guilty of a Class C felony if the intentional abuse or neglect causes physical injury.
(e) Any person who recklessly abuses or neglects a person in violation of this chapter, shall be guilty of a Class A misdemeanor if the reckless abuse or neglect causes physical injury.
(f) Any person who emotionally abuses a person in violation of this chapter shall be guilty of a Class A misdemeanor.
(g) Any person who exploits a person in violation of this chapter shall be guilty of a Class C felony, where the value of the property, assets, or resources or illegal services provided to a protected person by an unlicensed hospital exceeds one hundred dollars ($100).
(h) Any person who exploits a person in violation of this chapter shall be guilty of a Class A misdemeanor, if the value of the property, assets, or resources or illegal services provided to a protected person by an unlicensed hospital does not exceed one hundred dollars ($100).
(i) If a violation of this section is also a violation of any other Alabama criminal statute, then a conviction or acquittal under either statute bars prosecution under the remaining statute.
(Acts 1977, No. 780, p. 1340, §§5, 11; Acts 1989, No. 89-825, p. 1652, §3; Acts 1994, No. 94-615, p. 1134, §1; Act 2000-455, p. 837, §1; Act 2008-390, p. 735, §1.)
(a) All physicians and other practitioners of the healing arts or any caregiver having reasonable cause to believe that any protected person has been subjected to physical abuse, neglect, exploitation, sexual abuse, or emotional abuse shall report or cause a report to be made as follows:
(1) An oral report, by telephone or otherwise, shall be made immediately, followed by a written report, to the county department of human resources or to the chief of police of the city or city and county, or to the sheriff of the county if the observation is made in an unincorporated territory, except that reports of a nursing home employee who abuses, neglects, or misappropriates the property of a nursing home resident shall be made to the Department of Public Health. The requirements to report suspicion of suspected abuse, neglect, or misappropriation of property of a nursing home resident by an employee of a nursing home shall be deemed satisfied if the report is made in accordance with the rules of the State Board of Health.
(2) Within seven days following an oral report, an investigation of any alleged abuse, neglect, exploitation, sexual abuse, or emotional abuse shall be made by the county department of human resources or the law enforcement official, whichever receives the report, and a written report prepared which includes the following:
a. Name, age, and address of the person.
b. Nature and extent of injury suffered by the person.
c. Any other facts or circumstances known to the reporter which may aid in the determination of appropriate action.
(b) All reports prepared by a law enforcement official shall be forwarded to the county department of human resources within 24 hours.
(c) The county department of human resources shall not be required to investigate any report of abuse, neglect, exploitation, sexual abuse, or emotional abuse that occurs in any facility owned and operated by the Alabama Department of Corrections or the Alabama Department of Mental Health.
(d) Notwithstanding the foregoing, the Department of Public Health shall investigate all reports that a nursing home employee has abused or neglected a nursing home resident, or misappropriated the property of a nursing home resident, in accordance with the rules of the State Board of Health and the federal regulations and guidelines of the Medicaid and Medicare programs. The Department of Public Health shall investigate the complaints in accordance with the procedures and time frames established by the agency. A county department of human resources shall not be required to investigate the complaints.
(e) An individual required to make a report pursuant to subsection (a) who knowingly fails to make a report shall be guilty of a Class C misdemeanor.
(Acts 1977, No. 780, p. 1340, §6; Acts 1994, No. 94-615, p. 1134, §1; Act 2000-455, p. 839, §1; Act 2022-161, §1.)
Any person, firm or corporation making or participating in the making of a report pursuant to this chapter or participating in a judicial proceeding resulting therefrom shall in so doing be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
(Acts 1977, No. 780, p. 1340, §7.)
Any physician or other practitioner of the healing arts who shall knowingly fail to make the report required by this chapter shall be guilty of a misdemeanor and shall, upon conviction, be punished by imprisonment for not more than six months or a fine of not more than $500.00.
(Acts 1977, No. 780, p. 1340, §8.)
Any officer, agent or employee of the department, in the good faith exercise of his duties under this chapter, shall not be liable for any civil damages as a result of his acts or omissions in rendering assistance or care to any person.
(Acts 1977, No. 780, p. 1340, §10.)
As used in this chapter, the following definitions shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(a) ADULT. An individual 18 years of age or older with a developmental disability.
(b) AGENCY. Any public state agency, including, but not limited to, the Department of Mental Health, Department of Public Health, and Department of Education.
(c) CHILD. An individual under the age of 18 who has a developmental disability or who is at risk for a developmental disability. A child under the age of six is considered at risk for a developmental disability if the child has substantial developmental delay or specific congenital or acquired condition that has a high probability of resulting in a developmental disability if services are not provided.
(d) COMMUNITY COUNCIL. A local council composed 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 of lifelong or extended durations and are individually planned and coordinated.
(f) FAMILY. The person or persons with whom the person with a developmental disability resides and who is primarily responsible for the physical care, health, and nurturing of the individual with a developmental disability. The term does not include hospitals, sanitariums, nursing homes, group homes, or any other similar institution.
(g) FINANCIAL ASSISTANCE. A monetary payment to an eligible person with a developmental disability and the family of a child with a developmental disability needed to defray the cost of social services related to the disability. Financial assistance includes, but is not limited to, cash subsidies, cash allowances, cash vouchers, or reimbursement to enable eligible persons to acquire social services or medical services.
(h) INDIVIDUAL AND FAMILY SUPPORTS. Goods, services, and financial assistance to an individual with a developmental disability or the family of such an individual that are provided to meet the goals of: (i) Providing a quality of life comparable to the extent practicable, to that of similarly situated individuals not having a developmental disability and families not having an individual with a developmental disability; and (ii) preventing premature or inappropriate out-of-home placement. Individual and family support includes, but is not limited to, the following:
(1) Communication services.
(2) Counseling services.
(3) Crisis intervention.
(4) Day care.
(5) Dental and medical care that are not otherwise covered.
(6) Equipment and supplies.
(7) Financial assistance.
(8) Home and vehicle modifications.
(9) Home health services.
(10) Homemaker services.
(11) Parent education and training.
(12) Personal assistance services.
(13) Recreation.
(14) Respite care.
(15) Self-advocacy training.
(16) Service coordination.
(17) Specialized diagnosis and evaluation.
(18) Specialized nutrition and clothing.
(19) Specified utility costs.
(20) Therapeutic and nursing services.
(21) Transportation.
(22) Vocational and employment supports.
(i) MEMORANDUM OF UNDERSTANDING. A document which establishes or clarifies the specific details of an agreement between two or more parties.
(j) PROGRAM. The Individual and Family Support Program created in Section 38-9A-2.
(k) REGIONAL SUPPORT COUNCIL. A regional council composed of people with developmental disability and their family members that supervise the implementation of the program in its designated region.
(Acts 1993, No. 93-334, p. 507, §1; Acts 1997, No. 97-421, p. 709, §1.)
(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 be required.
(b) The following principles shall be adhered to in developing programs to support individuals with developmental disabilities and their families:
(1) Individuals with developmental disabilities and their families are best able to determine their own needs and should be empowered to make decisions concerning necessary, desirable, and appropriate services.
(2) Families should receive the support necessary to care for their children at home.
(3) Family support should be responsive to the needs of the entire family unit.
(4) Supports should be sensitive to the unique needs and strengths of individuals and families.
(5) Supports should build on existing social networks and natural sources of support.
(6) Supports may be needed throughout the lifespan of the individual who has a developmental disability.
(7) Supports should encourage the integration of people with developmental disabilities into the community.
(8) Support services should be flexible enough to accommodate unique needs of individuals and families as they evolve over time.
(9) Support services should be consistent with the cultural preferences and orientations of individuals and families.
(10) Support services should be comprehensive and coordinated across the agencies that provide resources and services, or both, to individuals and families.
(11) Family, individual, and community-based services should be based on the principles for sharing ordinary places, developing meaningful relationships, learning things that are useful, and making choices, as well as increasing the status and enhancing the reputation of the people served.
(12) Supports should be developed in the state that are necessary, desirable, and appropriate to support individuals and families.
(13) Developmental disabilities programs and policies should enhance the development of the individual with a developmental disability and the family.
(14) A comprehensive, coordinated system of supports to families effectively uses existing resources and minimizes gaps in supports to families and individuals in all areas of the state.
(15) Service coordination is a goal oriented process for coordination of the range of services needed and wanted by persons with developmental disabilities and their families, and is independent of service provision.
(c) State agencies and departments may enter into agreements, contracts, or grants with regional or affiliated community councils, families, caregivers, or individuals with a developmental disability to purchase or provide individual and family support.
(d) All volunteer council members shall be protected from liability stemming from the participation of the volunteer as provided in Section 6-5-336.
(Acts 1993, No. 93-334, p. 507, §2; Acts 1997, No. 97-421, p. 709, §1.)
(a) Each regional support council shall be composed solely of individuals with developmental disabilities and their family members. Membership shall not exceed 20 members per council, with at least one member to be appointed from each of the affiliated councils, and at least two at-large members who are not members of any community council. A quorum of 40 percent of the membership shall be required to conduct business. Membership shall be distributed equitably throughout the geographic region and shall be representative of the prevalent developmental disabilities. Membership terms shall be for a period of three years. The regional councils shall develop policies for ensuring the implementation of the membership requirements in this section.
Successor members to fill expiring terms shall be made by the regional councils for a term of three years each.
(b) The members of each council shall serve on a voluntary basis, but shall be reimbursed for reasonable expenses incurred in council participation within the guidelines determined by the state council. The guidelines shall reflect the intent of this chapter to value and actively support a diversity of consumer and family participation.
(c) The regional councils shall adopt, subject to the approval of the State Support Council, policies and procedures within its respective region regarding:
(1) Development of a planning process that includes collection and evaluation of data and requests for the program that is coordinated with other service planning efforts.
(2) Development of appropriation requests for individual and family support within the region.
(3) Fiscal accountability procedures, including provisions for an annual independent audit.
(4) Program specifications for the region that shall include, but not be limited to, the following:
a. Criteria for allocation of funds to individuals, families, and support programs.
b. Eligibility determination for persons with developmental disabilities and families with whom an individual with a developmental disability resides.
c. Methodologies for allocating resources to individuals and families within the funds available.
(5) Coordination of the individual and family support program and the use of its funds equitably throughout the region, with other publicly funded programs.
(6) Resolution of grievances and complaints filed pertaining to actions of the individual and family support program, and an appeals process.
(7) Quality assurance and quality improvement guidelines pursuant to subsection (f) that include, at a minimum, a measurement of the extent of consumer and family satisfaction with the services and support of the program.
(8) Annual evaluation of services, including, but not limited to, consumer satisfaction.
(9) Development and implementation of a public awareness, education, and outreach program.
(10) Development of a constitution and bylaws.
(11) Sanction of the community council.
(d) The council shall meet at least quarterly.
(e)(1) The council may dispense financial assistance and individual and family support to eligible persons who have developmental disabilities, and to eligible families of those persons. Any financial assistance provided to individuals or families pursuant to this chapter based on funds provided by the Department of Mental Health shall be made in compliance with rules promulgated by the department.
(2) The council may also choose to fund support programs operated by local agencies.
(f) The councils shall adopt a quality improvement plan that does all of the following:
(1) Adheres to the principles of Section 38-9A-2.
(2) Addresses the policies and procedures required by subsection (c).
(3) Includes fundamental quality assurance activities.
(4) Incorporates concepts of continuous quality improvement.
(5) Utilizes consumer and family satisfaction assessment data as a quality indicator.
(6) Is evaluated annually to assess its effectiveness in improving the following:
a. Consumer and family satisfaction with the IFS services and support.
b. The efficiency and effectiveness of the councils in operations and performance.
c. The compliance of the councils with the requirements of this chapter.
(7) Is revised annually based on results of subdivision (6).
(Acts 1993, No. 93-334, p. 507, §3; Acts 1997, No. 97-421, p. 709, §1.)
(a) Each regional council shall sanction in accordance with state and regional council policies and procedures local area affiliate councils within its region, to be known as community councils, for the purpose of implementing the Individual and Family Support Program at the local community level.
(b) Each community council shall be composed solely of people with disabilities and their family members. Members shall be appointed by the respective community councils, within the criteria established by the regional councils. Membership shall be distributed equitably throughout the local community area and shall be representative of the prevalent developmental disabilities.
(c) Each community council shall perform the following duties:
(1) Determine specific eligibility criteria within the broad criteria set by the regional council.
(2) Receive applications for support funding from individuals, families, and service programs, and select recipients.
(3) Authorize and disburse funding for approved recipients within the funds available.
(4) Collect and evaluate support data, including consumer and family satisfaction, for planning purposes, and coordinate with other local and regional service planning efforts.
(5) Adhere to the constitution and bylaws as developed by the regional council.
(6) Adhere to the principles of subsection (b) of Section 38-9A-2.
(Acts 1993, No. 93-334, p. 507, §4; Acts 1997, No. 97-421, p. 709, §1.)
(a) The State Support Council is created and shall be comprised of not more than 15 consumer and family members. Of these, there will be three representatives appointed by each regional support council. These shall include a regional council officer, one other regional council member, and a community council member. Additionally, the following individuals or their designees shall serve as nonvoting advisory members: The Chair of the Developmental Disabilities Planning Council, the Commissioner of the Department of Human Resources, the Commissioner of the Department of Mental Health, the State Superintendent of Education, the Director of the Department of Rehabilitation Services, and the State Health Officer of the Department of Public Health. The State Support Council shall provide a forum for the development of a state plan for an individual and family support system reflecting the experiences and needs of each region which shall be updated at least every three years and a forum for the consolidation and presentation of the annual budget request. The State Support Council shall make an annual report to the Legislature that includes an evaluation of the program and recommendations for future policy in individual and family supports. The report shall also be distributed to the Governor for dissemination to state agencies.
(b) The state council shall also develop a code of ethics for the council, including a policy regarding potential conflicts of interest in membership, receipt of supports, and other areas as appropriate.
(c) The state council shall meet at least quarterly.
(Acts 1993, No. 93-334, p. 507, §5; Acts 1997, No. 97-421, p. 709, §1.)
(a) The local, regional, and state plans for individual and family supports developed by each community and regional council and the State Support Council shall be developed in conjunction with the regional planning process of the Division of Mental Retardation of the Department of Mental Health. These plans and accompanying proposed budgets shall be considered by the Commissioner of the Department of Mental Health as a line item in the department’s budget request that is annually submitted to the Governor’s office.
(b) The minimum level of funding in any year in the line item shall be six hundred fifty thousand dollars ($650,000) as a continuation of current funding from the Department of Mental Health, except that this amount may be reduced in a fiscal year in an amount equal to or less than any reduction applied to all other community-based programs and services of the Division of Mental Retardation in that same fiscal year. Provided, however, this exception shall not apply to federal maintenance of effort requirements. The councils may request the allocation of additional new funds in the budget of the Department of Mental Health for the Individual and Family Support Program and may also receive new funds from other state agencies and from the State General Fund.
(c) The state, regional, or affiliated community councils, as defined by this chapter, are exempted from any county and local and sales and use taxes.
(Acts 1993, No. 93-334, p. 507, §6; Acts 1997, No. 97-421, p. 709, §1.)
(a) Nothing contained in this chapter shall limit, restrict, or alter the provisions of Chapter 51 of Title 22, regarding regional mental health programs and facilities.
(b) Nothing contained in this chapter shall limit, restrict, or alter the provisions of Chapter 50 of Title 22.
(Acts 1993, No. 93-334, p. 507, §7.)
(a) Individual and family support is complementary to, but not supplemental to, other assistance or benefits available through other public or private assistance programs.
(b) Financial assistance, or the value of goods or services provided to eligible individuals or families shall not be deemed as income for any purpose, and is exempt from all state and local taxation and reporting.
(c) Financial assistance shall not be alienable by sale, assignment, garnishment, executions, or otherwise.
(d) The individual or family recipient shall decide how financial assistance is used subject to the following:
(1) The family or individual recipient shall submit an annual report stating generally how the assistance was used.
(2) The family or individual recipient shall report promptly any event or condition affecting continued eligibility for support including, but not limited to:
a. Death of a family member.
b. Death of the responsible family adult.
c. Placement outside the home.
d. Change of state of residence.
(Acts 1993, No. 93-334, p. 507, §8; Acts 1994, No. 94-305, p. 539, §1.)
(a) It is the intent of the Legislature to continue the Individual and Family Support Program established pursuant to this chapter, commencing with Section 38-9A-1.
(b) This chapter is continued and shall be a permanent statute.
(c) Section 9 of Act 93-334, S. 421, 1993 Regular Session (Acts 1993, p. 507), is amended to read as follows:
“Section 9. This act shall become effective October 1, 1993.”
(Acts 1997, No. 97-421, p. 709, §2.)
(a) The Legislature finds and declares the following:
(1) It is an essential function of state government to provide basic support for persons with a mental or physical impairment that substantially limits one or more major life activities, whether the impairment is congenital or occurs by reason of accident, injury, age, or disease.
(2) The cost of providing basic support for persons with a mental or physical impairment is difficult for many citizens to afford, and they are forced to rely upon the government to provide that support.
(3) The families and friends of persons with a mental or physical impairment desire to supplement, but not replace, the basic support provided by state government and other governmental programs.
(4) Medical, social, and other supplemental services are often provided by family members and friends of persons with a mental or physical impairment, for the lifetime of the impaired persons.
(5) It is necessary and desirable for the public health, safety, and welfare of the people of this state to encourage, enhance, and foster the ability of family members and friends of those individuals with a mental or physical impairment to supplement, but not to replace, the basic support provided by state government and other governmental programs and to provide for medical, social, or other supplemental services for those impaired persons.
(b) The Legislature declares the purpose of the Alabama Family Trust Corporation, the Alabama Family Trust, and the Alabama Family Trust Charitable Trust is to encourage, enhance, and foster the provision of medical, social, or other supplemental services for persons with a mental or physical impairment.
(Acts 1994, No. 94-579, p. 1054, §1.)
This section was amended by Act 2018–36 of the 2018 Regular Session.
As used in this chapter, the following words shall have the following meanings:
(1) ALABAMA FAMILY CHARITABLE TRUST (AFT CHARITABLE TRUST). The trust established by the board of trustees that qualifies as a tax exempt charitable entity under the United States Internal Revenue Code, to provide benefits for any individual who does not have a sufficient amount in his or her AFT Trust to meet the individual’s needs.
(2) ALABAMA FAMILY TRUST (AFT TRUST). The Alabama Family Trust established pursuant to this chapter.
(3) ALABAMA FAMILY TRUST CORPORATION (AFT CORPORATION). An Alabama not-for-profit corporation established by the board of trustees pursuant to this chapter that qualifies as a tax exempt charitable organization under the United States Internal Revenue Code.
(4) BOARD OF TRUSTEES. The Alabama Family Trust Board of Trustees established pursuant to this chapter.
(5) COMMISSIONER. The Commissioner of the Alabama Department of Mental Health.
(6) CONTRIBUTION. The balance of all amounts placed in a particular account but not including any appreciation in value of investments or accretions thereto resulting from any source, such as dividends, interest, and capital gains. In no event shall contribution mean more than the total of all contributions made to a particular account.
(7) CONTRIBUTOR. Any person who makes a donation directly to the AFT Corporation or the AFT Charitable Trust.
(8) CO-TRUSTEE. Any person named by the settlor to work with the trustee in providing benefits to a life beneficiary, except neither a contributor nor a contributor’s spouse shall be the co-trustee if the contributor or the contributor’s spouse is the life beneficiary.
(9) DEPARTMENT. The Alabama Department of Mental Health.
(10) IMPAIRMENT. A mental or physical disability that substantially limits one or more major life activities, whether the impairment is congenital or acquired by accident, injury, age, or disease, and where the impairment is verified by medical findings that meet the medical-vocational requirements for a finding of disability under Section 223(d) of the Social Security Act, 42 U.S.C. Section 423(d), or under Section 1614 of the Social Security Act, 42 U.S.C. Section 1382c.
(11) LIFE BENEFICIARY. A beneficiary designated by a settlor.
(12) NET INCOME. The earnings received on investments less expenses and fees for administration.
(13) REQUESTING PARTY. The party requesting arbitration of a dispute regarding benefits to be provided by the AFT Trust.
(14) RESPONDING PARTY. The party not requesting arbitration of a dispute regarding benefits to be provided by the AFT Trust.
(15) SETTLOR. A person who establishes an AFT Trust account for a life beneficiary.
(16) SUCCESSOR LIFE BENEFICIARY. A successor life beneficiary designated by the settlor to the AFT Trust, who is a legal sibling of the life beneficiary and who otherwise qualifies as a life beneficiary under the conditions of this chapter.
(17) TRUSTEE. The Alabama Family Trust Corporation.
(Acts 1994, No. 94-579, p. 1054, §2; Act 2000-141, p. 194, §1; Act 2006-604, p. 1658, §1; Act 2013-366, p. 1313, §1.)
(a) Contributors may supplement the care, support, habilitation, and treatment of impaired persons pursuant to this chapter. Neither the contribution to the AFT Trust for the benefit of a life beneficiary nor the use of AFT Trust assets to provide benefits shall in any way reduce, impair, or diminish the benefits to which a person is otherwise entitled by law. The establishment and administration of the AFT Trust shall not be taken into consideration in appropriations for the department or the Alabama Medicaid Agency to render services required by law.
(b) The assets held by the trustee and assets held in the AFT Trust and the AFT Charitable Trust pursuant to this chapter shall not be considered state money, assets of the state, or revenue for any purpose of the Constitution of Alabama of 1901, or statute or any other state’s constitution or statute. The assets held by the trustee and its income and operations shall be exempt from all state and local taxation.
(Acts 1994, No. 94-579, p. 1054, §3; Act 2006-604, p. 1658, §1; Act 2013-366, p. 1313, §1; Act 2018-36, §1.)
(a) There is hereby created the Alabama Family Trust Board of Trustees, which shall be an instrumentality of the state. The board of trustees shall consist of eleven persons appointed by the Governor of Alabama, Presiding Officer of the Senate of Alabama, and Speaker of the Alabama House of Representatives. The members shall serve until their successors are appointed and confirmed by the Senate. The trustees shall be persons who are not employed by the department. The board of trustees shall be composed of the following:
(1) Two individuals who represent the interests of persons with mental illness. The commissioner shall seek recommendations of those individuals to represent persons with mental illness and shall submit a list of six names to the Governor from which two shall be appointed. One shall be appointed for a term of two years, and one for three years. Thereafter, as the term of a trustee expires, the commissioner shall submit to the Governor a list of not less than three nor more than five proposed trustees to represent the interests of persons with mental illness and the Governor shall appoint one trustee from the list for a term of three years.
(2) Two individuals who represent the interests of persons with intellectual or developmental disabilities. The commissioner shall seek recommendations of those individuals to represent persons with intellectual or developmental disabilities and shall submit a list of six names to the Governor from which two shall be appointed. One shall be appointed for a term of two years, and one for three years. Thereafter, as the term of a trustee expires, the commissioner shall submit to the Governor a list of not less than three nor more than five proposed trustees to represent the interests of persons with intellectual or developmental disabilities, and the Governor shall appoint one trustee from the list for a term of three years.
(3) Two individuals who represent the interests of persons with physical impairments. The commissioner shall seek recommendations of individuals to represent those persons with physical impairments and shall submit a list of six names to the Governor from which two shall be appointed. One shall be appointed for a term of two years, and one for three years. Thereafter, as the term of a trustee expires, the commissioner shall submit to the Governor a list of not less than three nor more than five proposed trustees to represent the interests of persons with physical impairments, and the Governor shall appoint one trustee from the list for a term of three years.
(4) Five persons who are recognized for their expertise in general business matters and procedures. The commissioner shall submit a list of nine names to the Governor from which three shall be appointed. Of the three business people to be appointed by the Governor, one shall be appointed for a term of one year, one for two years, and one for three years. Thereafter, as the term of a trustee expires, the commissioner shall submit to the Governor a list of not less than three but not more than five proposed trustees, and the Governor shall appoint one business person from the list as trustee for a term of three years. The commissioner shall submit a list of three names to the Presiding Officer of the Senate from which one trustee shall be appointed for a term of three years. Thereafter, as the term of the trustee representing business interests appointed by the Presiding Officer of the Senate expires, the commissioner shall submit to the Presiding Officer of the Senate a list of not more than three proposed trustees, and the Presiding Officer of the Senate shall appoint one business person from the list as trustee for a term of three years. The commissioner shall submit a list of three names to the Speaker of the House of Representatives from which one trustee shall be appointed for a term of three years. Thereafter, as the term of the trustee representing business interests appointed by the Speaker of the House of Representatives expires, the commissioner shall submit to the Speaker of the House of Representatives a list of not more than three proposed trustees, and the Speaker shall appoint one business person from the list as trustee for a term of three years.
(b) The trustees shall receive no compensation for their services. The AFT Corporation shall reimburse the trustees for necessary expenses actually incurred in the performance of their duties.
(c) The board of trustees annually shall prepare or cause to be prepared an accounting of funds in the AFT Trust and the AFT Charitable Trust and shall transmit a copy of such accounting to the Governor, the Presiding Officer of the Senate, and the Speaker of the House of Representatives.
(d) The board of trustees shall establish policies, procedures, and other rules and regulations necessary to implement this chapter.
(e) The membership of the board of trustees shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The corporation shall annually report to the Legislature by the second legislative day of each regular session to what extent the corporation has complied with the diversity provisions of this chapter.
(Acts 1994, No. 94-579, p. 1054, §4; Act 2006-604, p. 1658, §1.)
(a) The board of trustees shall establish and administer the AFT Corporation. The board of trustees shall execute all documents necessary to establish and administer the AFT Corporation, including, but not limited to, documents to form a not-for-profit corporation and to qualify as an organization pursuant to Section 501(c)(3) of the United States Internal Revenue Code.
(b) The AFT Corporation shall establish the AFT Trust and the AFT Charitable Trust, and the board of trustees shall administer the AFT Trust and the AFT Charitable Trust through the AFT Corporation. The board of trustees and the AFT Corporation shall take all steps necessary to satisfy all federal and state laws and all regulations, rules, and policies established by the federal Social Security Administration to ensure that the AFT Trust and the AFT Charitable Trust are qualified to supplement the provision of government entitlement funding and, where necessary, are qualified as tax exempt entities under the United States Internal Revenue Code, including, but not limited to, amending any master or joinder trust agreements or other corporation documents to comply with all relevant federal and state laws, rules, regulations, and policies. Any such amendments shall apply to all existing and future trust agreements for the benefit of life beneficiaries.
(c) The documents establishing the AFT Trust shall include and be limited by the following:
(1) To be eligible to participate in the AFT Trust, a life beneficiary must suffer from an impairment as defined in this chapter.
(2) The AFT Trust may accept contributions from any source, so long as basic eligibility requirements are satisfied, to be held, administered, managed, invested, and distributed so that life beneficiaries remain eligible for means-tested government benefits. Contributions and earnings of the AFT Trust may be administered as one trust for purposes of investment and management of funds. Notwithstanding the foregoing, separate accounts shall be established for each designated life beneficiary. The net income earned shall be credited to the accounts of the life beneficiaries in proportion to the fair market value that each account has to the total fair market value of all accounts. Administrative fees and administrative expenses may be charged directly to an account of a life beneficiary, except that administrative fees shall not exceed the income allocated to that account.
(3) Every settlor shall designate a specific person as the life beneficiary of the contribution made by the contributor. In addition, each settlor shall name a co-trustee, including a successor or successors to the co-trustee, to act with the trustee on behalf of the designated life beneficiary. Notwithstanding the foregoing, neither a life beneficiary or his or her spouse shall be eligible to be a co-trustee or a successor co-trustee.
(4) If a settlor designates a contributor or the contributor’s spouse as the life beneficiary, then the account of the life beneficiary shall, regardless of any other provision of this chapter, meet the following additional conditions:
a. The AFT Trust shall be irrevocable.
b. The amounts remaining in the life beneficiary’s account upon the death of the life beneficiary shall be first disbursed to the AFT Corporation. The amounts remaining in the life beneficiary’s account upon the death of the life beneficiary shall be disbursed by the AFT Corporation as follows:
Payment of any taxes due from the trust to the state or any other state or the federal government because of the death of the beneficiary.
Payment of reasonable fees for administration of the trust such as an accounting of the trust to a court, completion and filing of documents, or other required actions associated with termination and wrapping up of the trust.
Retention of 10 percent to AFT Corporation for the AFT Charitable Trust.
Reimbursement to the State of Alabama, or to any other state, the District of Columbia or any other commonwealth, territory, or jurisdiction of the United States for medical assistance paid on behalf of the life beneficiary under the plan of the respective jurisdiction.
Payment of the balance, if any, in accordance with rules and regulations adopted by the AFT Corporation. The AFT Corporation shall determine the amount to be retained by the AFT Corporation for the AFT Charitable Trust from the amounts remaining in the life beneficiary’s account at death, and the amount shall be outlined in the trust agreement established at the time of the creation of the life beneficiary’s account with the AFT Corporation.
c. Neither a contributor nor the contributor’s spouse shall serve as co-trustee.
(5) During his or her lifetime, any contributor or contributor’s spouse who has not been designated as the life beneficiary, may revoke his or her contribution made to the AFT Trust. Notwithstanding the foregoing, any contributor may, at any time, voluntarily waive the right to revoke by written notice. If the life beneficiary has not received any benefits provided by the use of the AFT Trust income or principal at the time the contributor revokes the contribution to the AFT Trust, then, subject to the payment of any administrative fees and expenses as established by the AFT Corporation, an amount equal to the current fair market value of the balance of the life beneficiary’s account in the AFT Trust as determined on the date of distribution shall be returned to the contributor. If at the time a contributor revokes the contribution to the AFT Trust the life beneficiary has received any benefits provided by the use of the AFT Trust income or principal, then, subject to the payment of any administrative fees and expenses as established by the AFT Corporation, an amount equal to 95 percent of the current fair market value of the principal balance of the life beneficiary account in the AFT Trust as determined on the date of distribution shall be returned to the contributor. The remaining balance of the life beneficiary account shall be distributed to the AFT Charitable Trust.
(6) The co-trustee, with the consent of the trustee, shall agree on the amount of income or principal, or both, to be used to provide non-cash benefits in the best interest of the life beneficiary. Any net income which is not used shall be added annually to the principal.
(7) In the event that the trustee and the co-trustee shall be unable to agree either on the amount of income or principal, or income and principal, to be used or the benefits to be provided, then either the trustee or the co-trustee may request that the matter be resolved by arbitration. The requesting party shall send a written request for arbitration to the responding party and shall in the request set forth the name, address, and telephone number of the requesting party’s arbitrator. The responding party shall, within 10 days, after receipt of the request for arbitration, set forth in writing to the requesting party the name, address, and telephone number of the responding party’s arbitrator. Copies of the request for arbitration and response shall be sent to the commissioner of the department. If the two designated arbitrators are unable to agree upon a third arbitrator within 10 days after the responding party has identified the responding party’s arbitrator, then the commissioner shall designate the third arbitrator by written notice to the requesting and responding parties’ arbitrators. The three arbitrators shall meet and render a decision within 30 calendar days after the appointment of the third arbitrator. A decision of a majority of the arbitrators shall be binding upon the requesting and responding parties. Each party shall pay the fees and expenses of the party’s arbitrator and the fees and expenses of the third arbitrator shall be borne equally by the parties.
(8) If a settlor designates a contributor or the contributor’s spouse as the life beneficiary and the trustee terminates the individual trust agreement for any lawful reason other than the death of the life beneficiary, the amounts remaining in the life beneficiary’s account upon the termination shall be disbursed as follows:
a. Payment of reasonable fees for administration of the trust, such as an accounting of the trust to a court, completion and filing of documents, or other required actions associated with termination and wrapping up of the trust.
b. Reimbursement to the State of Alabama, or to any other state, the District of Columbia, or any other commonwealth, territory, or jurisdiction of the United States, for medical assistance paid on behalf of the life beneficiary under the plan of the respective jurisdiction.
c. Payment of the balance, if any, to the life beneficiary.
(d) The documents establishing the AFT Charitable Trust shall include and be limited to the following:
(1) The AFT Charitable Trust shall be a charitable trust under the United States Internal Revenue Code and shall be administered as part of the AFT Trust, but as a separate account. The income attributable to the AFT Charitable Trust shall be used for the benefit of beneficiaries of AFT individual trusts who have needs that cannot be met from funds available to such life beneficiaries from their AFT individual trusts. The board of trustees shall determine annually the amount of AFT Charitable Trust income to be used to provide benefits and the nature and type of benefits to be provided for each AFT life beneficiary while taking into account the individual’s eligibility for government benefits. Any income of the AFT Charitable Trust not used shall be added annually to the principal.
(2) The board of trustees shall accept contributions to the AFT Charitable Trust from any source and shall comply with all rules and regulations under the United States Internal Revenue Code that govern the acceptance of charitable contributions.
(Acts 1994, No. 94-579, p. 1054, §5; Acts 1996, No. 96-559, p. 831, §1; Act 2000-141, p. 194, §1; Act 2006-604, p. 1658, §1; Act 2013-366, p. 1313, §1; Act 2018-36, §1.)
(a) No life beneficiary shall have any vested or property rights or interests in the AFT Trust, nor shall any life beneficiary have the power to anticipate, assign, convey, alienate, or otherwise encumber any interest in the income or principal of the AFT Trust nor shall the income or principal be or any interest of any life beneficiary thereunder be liable for any debt incurred by the life beneficiary, nor shall the principal or income of the AFT Trust Fund be subject to seizure by any creditor of any life beneficiary under any writ or proceeding in law or in equity.
(b) Except for the right of a contributor who is not and whose spouse is not a life beneficiary to revoke any contribution made to the AFT Trust, pursuant to subdivision (5) of subsection (c) of Section 38-9B-5, neither the settlor, contributor, nor any acting co-trustee has the right to sell, assign, convey, alienate, or otherwise encumber, for consideration or otherwise, any interest in the income or the principal of the AFT Trust, nor shall the income or the principal or any interest of any life beneficiary thereunder be liable for any debt incurred by the settlor, contributor, or any acting co-trustee, nor shall the principal or income of the AFT Trust be subject to seizure by any creditor of any settlor, contributor, or any acting co-trustee under any writ or proceeding in law or in equity.
(Acts 1994, No. 94-579, p. 1054, §6; Act 2013-366, p. 1313, §1.)
No trustee or co-trustee serving pursuant to the provisions of this chapter shall at any time be liable for any mistake of law or fact, or of both law and fact, or errors of judgment, or for any loss sustained by the AFT Trust or AFT Charitable Trust, or by any life beneficiary, or by any other person, except through actual fraud or willful misconduct on the part of such trustee or co-trustee.
(Acts 1994, No. 94-579, p. 1054, §7; Act 2013-366, p. 1313, §1.)
This chapter shall be known and may be cited as “The Alabama Bill of Rights for Persons with Developmental Disabilities and Traumatic Brain Injury.”
(Acts 1995, No. 95-690, p. 1502, §1.)
The Legislature finds that services to persons with developmental disabilities and traumatic brain injury must be based on individual need, provided by appropriately qualified individuals, and available to persons with developmental disabilities in community environments. Services should be provided in a way which is normalizing as well as respectful of the rights, feelings, and responsibilities of each person with a disability. Services should also focus on enabling individuals to maintain responsibility for setting their own goals, directing their own lives, and acting responsibly as members of their community. Persons who have disabilities shall not be deprived of any right, benefit, or privilege guaranteed by law, the Constitution of Alabama of 1901, or the Constitution of the United States without due process of law.
(Acts 1995, No. 95-690, p. 1502, §2.)
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:
Self-care.
Receptive and expressive language.
Learning.
Mobility.
Self-direction.
Capacity for independent living.
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 abilities or physical functioning.
(3) PROVIDER. Any agency, corporation, or individual who provides services to persons with developmental disabilities and/or traumatic brain injury, provided, that this chapter shall only apply to physicians licensed to practice medicine to the extent that medical services to individuals covered by the chapter must be provided in accordance with established standards of medical care.
(Acts 1995, No. 95-690, p. 1502, §3.)
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 right to privacy and dignity.
(12) The right to reasonable access to and privacy of mail, telephone, communications, and visitors.
(13) The right to receive only those drugs and medications which are prescribed in accordance with established standards of medical care.
(14) The right to have physical and chemical restraints used only in accordance with established standards of medical, social, and educational care, taking into consideration the health status of the individual.
(15) The right to a free and appropriate public education as set forth in the laws of the State of Alabama.
(16) The right to be free from abuse, exploitation, or neglect.
(17) The right to make decisions that affect their lives.
(18) The right to access general services in their community and local neighborhood.
(19) The right to use services in a safe and humane environment.
(20) The right to be accorded human respect and dignity on an individual basis in a consistently humane fashion.
(21) The right to exercise rights without reprisal.
(22) The right to access dental and medical care, including vision and hearing services.
(23) The right to be free from any physical, verbal, sexual, or psychological abuse, exploitation, coercion, reprisal, intimidation, or neglect.
(24) The right to be fully informed, on an individual basis, concerning services provided, with information presented in a setting and in language appropriate to the person’s ability to understand.
(25) The right to be informed specifically of the procedures for initiating a complaint or grievance procedure and the applicable appeals process, including the means of requesting a hearing or review of the complaint.
(26) The right to be informed of the means for accessing advocates, ombudsmen, or rights protection services within the program and, as applicable, the State of Alabama Mental Health System, the Department of Human Resources, the federal advocacy system, and other advocacy services. Such access must be allowed without fear of reprisal.
(27) The right to adequate food and shelter in residential programs operated or certified by regulatory agencies of the State of Alabama.
(28) The right to enforce these rights in a court of competent jurisdiction or appropriate administrative proceeding on an individual basis.
(Acts 1995, No. 95-690, p. 1502, §4.)
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) Provide that the results of all investigations shall be reported to the administrators of the program or his or her designated representative on an interim basis during the course of the investigation and within 72 hours of completion of the investigation.
(5) Establish corrective action, including education and training for a provider-affiliated individual who has been found responsible for violations of rights herein enumerated. Criminal violations shall be reported to the Office of the Attorney General, State of Alabama, or the local district attorney for consideration of further legal action.
(6) Prohibit the employment of individuals known to the provider to have a conviction of child, elder, patient, or resident abuse, exploitation, or neglect in any job involving care or services for people with developmental disabilities or traumatic brain injuries.
(7) Provide training and informational materials on rights and on the prevention of abuse, exploitation, and neglect for administrators, professionals, direct-care staff, and volunteers. Each new staff member shall demonstrate working knowledge of this information. When possible, ongoing training shall be provided.
(Acts 1995, No. 95-690, p. 1502, §5.)
This chapter shall not override or repeal any provisions of the Adult Protective Services Act pursuant to Section 38-9-1 et seq., or the Child Abuse Reporting Act pursuant to Section 26-14-1 et seq., and shall be read in pari materia with those provisions.
(Acts 1995, No. 95-690, p. 1502, §6.)
This chapter shall not be interpreted or construed to alter, expand, or diminish established standards of medical care applicable to physicians licensed to practice medicine. Notwithstanding any provision of this chapter to the contrary, the requirement to develop and implement written policies and procedures as outlined in Section 38-9C-5 shall not apply to the private offices of physicians licensed to practice medicine.
(Acts 1995, No. 95-690, p. 1502, §7.)
Provided that nothing in this legislation shall be construed to reduce or expand the rights of persons with developmental disabilities or traumatic brain injuries beyond the rights guaranteed to any other person under the Constitution of the United States and the statutes enacted thereto and the Constitution of Alabama of 1901 and the statutes enacted thereto.
(Acts 1995, No. 95-690, p. 1502, §8.)
This chapter shall be known and may be cited as the Elder Abuse Prevention Act.
(Act 2012-495, p. 1448, §1.)
The following words are defined for the purposes of this chapter:
(1) COORDINATED SYSTEM OF CARE. The total effort in the state, inclusive of service coordination/case management, that is directed at meeting the needs of individuals who are at risk of elder abuse.
(2) COUNCIL. The Alabama Interagency Council for the Prevention of Elder Abuse.
(3) ELDER ABUSE. The maltreatment of an older person, age 60 or above, by any person, including the following:
a. Emotional/Psychological Abuse. The intentional infliction of mental or emotional anguish by threat, humiliation, intimidation, or other verbal or non-verbal abusive conduct. Examples of psychological abuse include name calling, insulting, ignoring for extended periods of time, frightening, intimidating, and isolating from friends and family.
b. Material Exploitation. The unauthorized use of funds or any resources of an elderly individual or the misuse of power of attorney or representative payee status for one’s own advantage or profit. Examples include stealing jewelry or other property and obtaining the elderly person’s signature for transfer of property or for a will through duress or coercion.
c. Neglect. The intentional or unintentional failure by the caregiver to obtain adequate goods or services for the elderly person’s maintenance and well-being. Examples include a caregiver who fails to buy groceries or prescription medications.
d. Physical Abuse. The intentional use of physical force that results in bodily injury, pain, or impairment. Examples of physical abuse include beating, slapping, bruising, cutting, burning, pushing or shoving, excessively restraining, force-feeding, and physical punishment.
e. Self-neglect. Behavior of an elderly person that threatens his or her own health or safety. Examples are failure to provide oneself with adequate food, clothing, shelter, medication, safety, and proper hygiene.
f. Sexual Abuse. The non-consensual sexual contact of any kind with an elderly individual. Examples include fondling of the breast or genitals, rape, coerced nudity, and sexually explicit photographing.
(4) LEAD AGENCY. The Department of Senior Services shall be designated to be the lead agency for the council.
(5) PARTICIPATING AGENCY. A department, commission, council, board, division, community service provider, or an office or other entity which may provide services to individuals at risk of elder abuse and their families.
(6) POLICIES. Directives by the lead agency, participating agencies, the executive committee, or other written documents that represent the position of the council concerning any matter within the purview of this chapter.
(Act 2012-495, p. 1448, §2.)
There is created the Alabama Interagency Council for the Prevention of Elder Abuse. The members of the council shall include, but not be limited to, the following:
(1) The chief executive officer, or his or her designee, of each of the following participating agencies and organizations:
a. The Alabama 911 Network.
b. The Administrative Office of Courts.
c. The Attorney General.
d. The Banking Department.
e. The Coalition Against Domestic Violence.
f. The Crime Victims Compensation Commission.
g. The Department of Forensic Sciences.
h. The Department of Human Resources.
i. The Department of Insurance.
j. The Department of Mental Health.
k. The Department of Public Health.
l. The Alabama State Law Enforcement Agency.
m. The Department of Senior Services.
n. The Department of Veterans Affairs.
o. The Governor’s Office of Faith Based Initiatives and Community Service.
p. The Medicaid Agency.
q. The Office of Prosecution Services.
r. The Peace Officers’ Standards and Training Commission.
s. The Probate Judges Association.
t. The Securities Commission.
u. The Sheriffs Association.
v. The State Bar Association.
w. AARP Alabama.
x. The Association of Area Agencies on Aging.
y. The Criminal Justice Information System.
z. The Nursing Home Association.
aa. The Alabama Silver-Haired Legislature.
(2) The membership of the council shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(3) The chief executive officers of state agencies serving on the council shall serve ex officio.
(4) The council shall meet at the call of the chair and the meetings shall be open to the public.
(5) No member of the council shall cast a vote on any matter which would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest under state law.
(6) The Commissioner of the Department of Senior Services shall serve as the chair of the council.
(Act 2012-495, p. 1448, §3; Act 2015-94, §3.)
The council shall have the following duties and authority:
(1) Define the roles and responsibilities of all participating agencies.
(2) Adopt rules for the internal operation of the council.
(3) Recommend to the Commissioner of the Department of Senior Services appointment of additional members to serve on the council as deemed necessary and appropriate.
(4) Develop a long-range plan, reviewed semi-annually, for addressing the needs of those at risk for elder abuse, which, to the extent practical, is derived from scientific based research and nationally recognized best practices. The council shall provide a copy of the plan and a detailed summary of any progress toward implementation of the plan to the Governor and the Legislature on or before the 10th legislative day of each regular session. The plan should include, but not be limited to, all of the following:
a. The elimination of barriers to identifying and reporting elder abuse such as duplicative or fragmented policies which may require modification.
b. The development of a coordinated program of services for victims of elder abuse to include the identification, intervention, prevention, and prosecution of the crime of elder abuse.
c. A comprehensive fiscal review and analysis with recommendations for state spending on programs and services for elder abuse prevention.
d. The identification of annual action steps toward implementation.
(5) Ensure interagency collaboration, public participation, and mutual sharing of information to facilitate policy decisions and the implementation of a plan for addressing the needs of those at risk for elder abuse.
(Act 2012-495, p. 1448, §4.)
The Department of Senior Services shall be responsible for the general administration, supervision, and monitoring of all council activities.
(Act 2012-495, p. 1448, §5.)
The implementation of this chapter shall be subject to the availability of appropriations to expand, intensify, and coordinate the activities of the council. The activities of the council shall include the expansion of council membership.
(Act 2012-495, p. 1448, §6.)
[Repealed]
Repealed by Act 2015-94 effective April 28, 2015.
(Act 2012-495, p. 1448, §7.)
Transferred to §13A-6-190 by Act 2014-346, §1(1)(7) effective April 9, 2014.
(Act 2013-307, §1.)
Transferred to §13A-6-191 by Act 2014-346, §1(1)(7) effective April 9, 2014.
(Act 2013-307, §2.)
Transferred to §13A-6-192 by Act 2014-346, §1(1)(7) effective April 9, 2014.
(Act 2013-307, §3.)
Transferred to §13A-6-193 by Act 2014-346, §1(1)(7) effective April 9, 2014.
(Act 2013-307, §4.)
Transferred to §13A-6-194 by Act 2014-346, §1(1)(7) effective April 9, 2014.
(Act 2013-307, §5.)
Transferred to §13A-6-195 by Act 2014-346, §1(1)(7) effective April 9, 2014.
(Act 2013-307, §6.)
Transferred to §13A-6-196 by Act 2014-346, §1(1)(7) effective April 9, 2014.
(Act 2013-307, §7.)
Transferred to §13A-6-197 by Act 2014-346, §1(1)(7) effective April 9, 2014.
(Act 2013-307, §8.)
Transferred to §13A-6-198 by Act 2014-346, §1(1)(7) effective April 9, 2014.
(Act 2013-307, §9.)
Transferred to §13A-6-199 by Act 2014-346, §1(1)(7) effective April 9, 2014.
(Act 2013-307, §10.)
Transferred to §13A-6-200 by Act 2014-346, §1(1)(7) effective April 9, 2014.
(Act 2013-307, §11.)
Transferred to §13A-6-201 by Act 2014-346, §1(1)(7) effective April 9, 2014.
(Act 2013-307, §12.)
This chapter shall be known and may be cited as the Elder Abuse Protection Order and Enforcement Act.
(Act 2017-284, §1.)
This chapter shall be liberally construed and applied to promote all of the following purposes:
(1) To maximize protection of victims of elder abuse.
(2) To create a flexible and expeditious method of obtaining a protection order against an individual who has committed elder abuse.
(3) To expand the ability of law enforcement officers to assist victims, to enforce the law effectively in cases of elder abuse, and to prevent further incidents of abuse.
(Act 2017-284, §2.)
For purposes of this chapter, the following terms shall have the following meanings:
(1) CAREGIVER. The term as defined in Section 13A-6-191.
(2) ELDER ABUSE. The commission of any of the following acts or the intent to commit any of the following acts against an elderly person:
a. Abuse, as defined in Section 38-9-2.
b. Arson, as defined in Sections 13A-7-40 to 13A-7-43, inclusive.
c. Assault, as defined in Sections 13A-6-20 to 13A-6-22, inclusive.
d. Criminal coercion, as defined in Section 13A-6-25.
e. Criminal trespass as defined in Sections 13A-7-2 to 13A-7-4.1, inclusive.
f. Emotional abuse, as defined in Section 13A-6-191.
g. Financial exploitation, as defined in Sections 13A-6-191 and 8-6-171.
h. Harassment, as defined in Section 13A-11-8.
i. Kidnapping, as defined in Sections 13A-6-43 and 13A-6-44.
j. Menacing, as defined in Section 13A-6-23.
k. Reckless endangerment, as defined in Section 13A-6-24.
l. Sexual abuse, as defined as any of the acts in Sections 13A-6-60 to 13A-6-68.
m. Stalking, as defined in Sections 13A-6-90 to 13A-6-91.1, inclusive.
n. Theft, as defined in Sections 13A-8-2 to 13A-8-5, inclusive.
o. Unlawful imprisonment, as defined in Sections 13A-6-41 and 13A-6-42.
(3) ELDER ABUSE PROTECTION ORDER or PROTECTION ORDER. An order issued pursuant to this chapter including all of the following:
a. A restraining order, injunctive order, or order of release from custody issued by a circuit, district, municipal, or probate court that seeks to protect an elderly person.
b. An order issued by a circuit, district, or municipal court that places conditions on the pre-trial release of a defendant in a criminal case, which may include provisions of bail pursuant to Section 15-13-190 that seeks to protect an elderly person.
(4) ELDERLY PERSON. A person 60 years of age or older.
(5) PLAINTIFF. An elderly person in need of protection from elder abuse.
(6) THREAT. Any word or action, expressed or implied, made to cause a plaintiff to fear for his or her safety or for the safety of another person.
(7) VIOLATION. The knowing commission of any act or conduct prohibited by an elder abuse protection order or any willful failure to abide by its terms.
(Act 2017-284, §3.)
(a) The following courts shall have jurisdiction to issue elder abuse protection orders under this chapter:
(1) Circuit courts.
(2) A special circuit court judge appointed pursuant to Section 12-1-14 or 12-1-14.1.
(3) A district court judge designated by a written standing order from the presiding circuit court judge.
(4) A judge of probate designated by a written standing order from the presiding circuit court judge, where the judge of probate is a member in good standing with the Alabama State Bar.
(b) An elder abuse protection order may be requested in any pending civil or domestic relations action, as an independent civil action, or in connection with the preliminary, final, or post-judgment relief in a civil action.
(c) A petition for an elder abuse protection order may be filed in any of the following locations:
(1) Where the plaintiff or defendant resides.
(2) Where the plaintiff is temporarily located if he or she has left his or her residence to avoid further abuse.
(3) Where the abuse occurred.
(d) There is no minimum period of residence for the plaintiff in the State of Alabama or in the county in which a case is filed.
(e) An elder abuse protection order shall be a status order that is specifically designed to protect the elderly person, and in personam jurisdiction over the defendant shall not be required in order to issue an ex parte or final order under this chapter.
(Act 2017-284, §4; Act 2022-123, §4.)
(a) The plaintiff’s right to relief under this chapter shall not be affected by his or her leaving the residence or household to avoid further abuse.
(b) The remedies and procedures provided in this chapter are in addition to and not in lieu of any other judicial protection actions that may be initiated by the victim in any other forum.
(c) Any elder abuse protection order issued in this state shall be effective and enforceable in every county and jurisdiction in this state.
(d) An order issued by a court of another state, tribal nation, or territory that provides the relief or protection similar to an elder abuse protection order under this chapter shall be accorded full faith and credit and enforced as if it were an order of this state.
(Act 2017-284, §5.)
(a)(1) If a plaintiff lacks the physical or mental capacity to seek protection for himself or herself, the following may file a sworn petition for relief on behalf of the plaintiff:
a. A court appointed guardian. The petition must include a copy of the court order appointing the petitioner as the plaintiff’s guardian.
b. A court appointed conservator. The petition must include a copy of the court order appointing the petitioner as the plaintiff’s conservator.
c. A temporary guardian appointed pursuant to Section 26-2A-107. The petition must include a copy of the court order appointing the petitioner as the plaintiff’s temporary guardian.
d. An agent, co-agent, or successor agent appointed under the plaintiff’s validly executed power of attorney who acts within the authority of the power of attorney. The petition shall include a copy of the power of attorney.
e. A health care proxy appointed under the plaintiff’s validly executed advance directive for health care, or similar document, who acts within the authority of the designation. The petition shall include a copy of the advance directive for health care or similar document.
f. An interested person who has the authority to petition for protective placement or other protective services under Section 38-9-6.
(2) A plaintiff possessing the physical or mental capacity to seek protection for himself or herself may either represent himself or herself or may choose to hire legal counsel for representation in all matters arising pursuant to this chapter.
(b) A sworn petition shall allege the incidents of abuse and the specific facts and circumstances that form the basis upon which relief is sought.
(c) Standardized petitions for actions pursuant to this chapter shall be made available through the circuit court clerk’s offices throughout the state. A circuit court clerk and his or her staff shall not provide assistance to individuals in completing the forms or in presenting the petitioner’s case to the court.
(d) The elderly person for whom the petition is filed must be served with the petition pursuant to the Alabama Rules of Civil Procedure.
(e)(1) The following information shall be redacted from any court document filed on or after June 1, 2021, by the filer:
a. The plaintiff’s home address and, if applicable, business address.
b. The plaintiff’s home phone number, cellular number, and business phone number.
c. Any home address, business address, home telephone number, cellular number, or business phone number of any member of the plaintiff’s family or household.
d. Any address that would reveal the confidential location of a shelter for victims of domestic violence as defined in Section 30-6-1.
(2) If disclosure of an address otherwise required to be redacted pursuant to this subsection is necessary to determine jurisdiction or to consider an issue of venue, the disclosure shall only be made orally, in the private chambers of the judge assigned to the case, with no members of the public present.
(3) In the event the plaintiff or his or her representative does not disclose an address or telephone number for the plaintiff to the court, disclosure of either of the following shall be made to the court:
a. An alternative address.
b. The business address and business telephone number of the plaintiff’s attorney of record.
(f) The court may not assess court costs or other fees for the filing or service of a petition or the issuance of a witness subpoena under this chapter against a petitioner or plaintiff. Costs and fees may be assessed against the defendant at the discretion of the court.
(Act 2017-284, §6; Act 2021-77, §1.)
(a) The court shall hold a hearing after the filing of a petition under this chapter upon the request of the defendant or within 10 days of the perfection of service. A final hearing shall be set at which the standard of proof shall be a preponderance of the evidence. If the defendant has not been served, a final hearing may be continued to allow for service to be perfected.
(b) The court may enter such temporary ex parte protection orders as it deems necessary to protect the plaintiff from abuse. The court shall grant or deny a petition for a temporary ex parte protection order filed under this chapter within three business days of the filing of the petition. Any granted temporary ex parte protection order shall be effective until the final hearing date.
(c) If a final hearing under subsection (a) is continued, the court may make or extend temporary ex parte protection orders under subsection (b) as it deems reasonably necessary.
(Act 2017-284, §7.)
(a) If it appears from a petition for an elder abuse protection order or a petition to modify an elder abuse protection order that elder abuse has occurred or a modification is warranted, the court may do either of the following:
(1) Without notice or hearing, immediately issue an ex parte elder abuse protection order or modify an ex parte elder abuse protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue an elder abuse protection order or modify an elder abuse protection order after a hearing whether or not the defendant appears.
(b) Based upon a risk of imminent potential harm to the plaintiff, a court may grant one or more of the following ex parte forms of relief without prior notice to the defendant or a hearing:
(1) Enjoin the defendant from threatening to commit or committing acts of elder abuse against the plaintiff and any other individual designated by the court.
(2) Restrain and enjoin the defendant from harassing, stalking, annoying, telephoning, contacting, or otherwise communicating, either directly or indirectly, with the plaintiff or threatening or engaging in conduct that would place the plaintiff or any other individual designated by the court in reasonable fear of bodily injury.
(3) Order the defendant to stay away from the plaintiff’s residence, place of employment, or any specified place frequented by the plaintiff that the defendant has no legitimate reason to frequent.
(4) Remove and exclude the defendant from the residence of the plaintiff, regardless of ownership of the residence.
(5) Order possession and use of an automobile or other essential personal effects, regardless of ownership, and direct the appropriate law enforcement officer to accompany the plaintiff to the residence of the plaintiff or other specified locations as necessary to protect the plaintiff from abuse.
(6) Prohibit the defendant from transferring, concealing, encumbering, or otherwise disposing of specified property mutually owned or leased by the parties or in which the plaintiff had an ownership interest within the last 12 months.
(7) Prohibit the defendant from transferring the funds, benefits, property, resources, belongings, or assets of the plaintiff to any person other than the plaintiff.
(8) Direct the defendant to refrain from exercising control over the funds, benefits, property, resources, belongings, or assets of the plaintiff.
(9) Require the defendant to provide an accounting of the disposition of the plaintiff’s income and other resources, and of the plaintiff’s debts and expenses.
(10) Restrain the defendant from exercising any powers the defendant has been granted as the plaintiff’s agent under power of attorney.
(11) Require the defendant to comply with the instructions of the plaintiff’s guardian, conservator, or agent under power of attorney.
(12) Order other relief as it deems necessary to provide for the safety and welfare of the plaintiff and any individual designated by the court.
(c) The court may grant one or more of the following forms of relief in a final order after notice and hearing:
(1) Grant the relief available in subsection (b).
(2) Require the defendant to return custody or control of the funds, benefits, property, resources, belongings, or assets to the plaintiff.
(3) Order restitution.
(4) Prohibit the defendant from possessing a firearm or other weapon specified by the court, except when the weapon is necessary for employment as a law enforcement officer or military personnel.
(5) Order the defendant to pay attorneys’ fees and court costs.
(d) Any temporary ex parte protection order issued pursuant to this chapter shall remain in effect until the final order is entered.
(e) Any final elder abuse protection order shall be of permanent duration unless otherwise specified by the court.
(f) An elder abuse protection order may not affect in any manner title to real property.
(Act 2017-284, §8.)
(a) A copy of an elder abuse protection order shall be issued to the plaintiff, the defendant, and the law enforcement officials with jurisdiction to enforce the protection order.
(b) If the defendant is appointed as the plaintiff’s guardian or conservator, a copy of any protection order shall be issued to the court that made the appointment.
(c) Ex parte and final elder abuse protection orders shall be in a format as provided by the Administrative Office of Courts. If a court wishes to provide additional information in these standardized court orders, the court may attach additional pages containing this additional information.
(Act 2017-284, §9.)
(a) A violation of an elder abuse protection order is a Class A misdemeanor, which shall be punishable as provided in law.
(b) A second conviction for a violation of an elder abuse protection order, in addition to any other penalty or fine, shall be punishable by a minimum of 30 days imprisonment, which may not be suspended. A third or subsequent conviction, in addition to any other penalties or fines, shall be punishable by a minimum sentence of 120 days imprisonment, which may not be suspended.
(Act 2017-284, §10.)
A law enforcement officer may arrest any person for a violation of this chapter if the officer has probable cause to believe that the person has violated any provision of a valid elder abuse protection order, whether temporary or permanent. The presentation of an elder abuse protection order constitutes probable cause for an officer to believe that a valid order exists. For purposes of this chapter, the elder abuse protection order may be inscribed on a tangible copy or may be stored in an electronic or other medium if it is retrievable in a detectable form. Presentation of a certified copy of the elder abuse protection order is not required for enforcement or to allow a law enforcement officer to effect a warrantless arrest. If an elder abuse protection order is not presented to or otherwise confirmed by a law enforcement officer, the officer may consider other information in determining whether there is probable cause to believe that a valid protection order exists. The law enforcement officer may arrest the defendant without a warrant although he or she did not personally see the violation. Knowledge by the officer of the existence or contents of, or both, or presentation to the officer by the complainant of, an elder abuse protection order shall constitute prima facie evidence of the validity of the order. If a law enforcement officer determines that an otherwise valid elder abuse protection order cannot be enforced because the defendant has not been notified or served with the protection order, the law enforcement officer shall inform the defendant of the order and allow the person a reasonable opportunity to comply with the order’s provisions before enforcing the order. In the event the law enforcement officer provides notice of the elder abuse protection order to the defendant, the officer shall document this fact in the written report.
(Act 2017-284, §11.)
Nothing in this chapter shall be construed to limit the enforcement of any other laws or rules that protect vulnerable adults or limit the jurisdiction of or action by any regulatory or law enforcement agency.
(Act 2017-284, §14.)
(a) This chapter shall be known and may be cited as “Shirley’s Law.”
(b) For the purposes of this chapter, the following terms have the following meanings:
(1) ABUSE. The same meaning as in Section 38-9-2.
(2) ADULT IN NEED OF PROTECTIVE SERVICES. The same meaning as in Section 38-9-2.
(3) ELDER ABUSE. The same meaning as in Section 38-9F-3.
(4) ELDERLY PERSON. An individual 60 years of age or older.
(5) EMOTIONAL ABUSE. The intentional or reckless infliction of emotional or mental anguish, or the use of a physical or chemical restraint, medication, or isolation as punishment or as a substitute for treatment or care of any elderly person or adult in need of protective services.
(6) EMPLOYEE. An individual who is either:
a. Hired directly or through a contract by a service provider who has duties that involve, or may involve, one-on-one contact with a patient, resident, or client.
b. A volunteer who has duties that involve, or may involve, one-on-one contact with a patient, resident, or client.
(7) EXPLOITATION. The same meaning as in Section 38-9-2.
(8) FINANCIAL EXPLOITATION. Any of the following:
a. The wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an elderly person or an adult in need of protective services.
b. The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly person’s money, assets, or property or the money, assets, or property of an adult in need of protective services with the intent to deprive that individual of his or her money, assets, or property.
c. The breach of a fiduciary duty to an elderly person or an adult in need of protective services under a power of attorney or through a conservatorship or guardianship which results in an unauthorized appropriation, sale, or transfer of the individual’s money, assets, or property.
(9) INTIMIDATION. A threat of physical or emotional harm to an elderly person or an adult in need of protective services, or the communication to an elderly person or adult in need of protective services that he or she will be deprived of food and nutrition, shelter, property, prescribed medication, or medical care or treatment.
(10) NEGLECT. The same meaning as in Section 38-9-2.
(11) SERVICE PROVIDER. Any of the following:
a. Assisted living communities or centers.
b. Specialty care assisted living communities or centers.
c. Home health agencies.
d. Hospice programs or residential hospice facilities.
e. Hospitals.
f. Long-term care facilities.
g. Skilled nursing facilities.
h. Rehabilitation facilities.
i. Group homes, other residential facilities, and community-based services serving adults in need of protective services, as designated by rules adopted by the Department of Human Resources, the Department of Mental Health, and the Alabama Department of Public Health.
j. Foster homes that serve elderly persons or adults in need of protective services.
(12) SEXUAL ABUSE. The same meaning as in Section 38-9-2.
(13) UNDUE INFLUENCE. Domination, coercion, manipulation, or any other act exercised by another individual to the extent that an elderly person or adult in need of protective services is prevented from exercising free judgment and choice.
(Act 2022-161, §§1, 3.)
(a) The Department of Human Resources shall establish and maintain a registry, to be known as the Alabama Elder and Adult in Need of Protective Services Abuse Registry, containing the names of any individual for whom any of the following are true:
(1) The individual has been convicted of the crime of elder abuse and neglect in the first degree pursuant to Section 13A-6-192.
(2) The individual has been convicted of the crime of elder abuse and neglect in the second degree pursuant to Section 13A-6-193.
(3) The individual has been convicted of the crime of elder abuse and neglect in the third degree pursuant to Section 13A-6-194.
(4) The individual has been convicted of the crime of financial exploitation of an elderly person in the first degree pursuant to Section 13A-6-195.
(5) The individual has been convicted of the crime of financial exploitation of an elderly person in the second degree pursuant to Section 13A-6-196.
(6) The individual has been convicted of the crime of financial exploitation of an elderly person in the third degree pursuant to Section 13A-6-197.
(7) The individual has been convicted of any act of elder abuse as defined in Section 38-9F-3.
(8) An elder abuse protection order has been issued against the individual pursuant to Section 38-9F-4.
(9) A protection from abuse order has been issued against the individual pursuant to Chapter 5 of Title 30 for the protection of an elderly person or an adult in need of protective services.
(10) The individual has been convicted of any act of abuse, neglect, or exploitation as described in Section 38-9-7.
(11) The individual has been found by the Department of Human Resources to have committed an act of abuse, elder abuse, emotional abuse, exploitation, financial exploitation, intimidation, neglect, sexual abuse, or undue influence against an elderly person or an adult in need of protective services.
(b) The Department of Human Resources shall establish and enforce reasonable rules governing the custody, use, and preservation of the reports and records of abuse, elder abuse, emotional abuse, exploitation, financial exploitation, intimidation, neglect, sexual abuse, or undue influence against an elderly person or an adult in need of protective services. These reports and records and related information or testimony shall be confidential, and shall not be used or disclosed for any purpose other than the following:
(1) For purposes of employment required by Section 38-9G-5.
(2) For investigation by a law enforcement agency.
(3) For use by a grand jury upon its determination that access to the reports and records is necessary in the conduct of its official business.
(4) For use by a court that finds the information is necessary for the determination of an issue before the court.
(5) For use by any guardian ad litem, guardian, or conservator authorized by a court to act as a representative for an elderly person or adult in need of protective services who is the subject of a report.
(6) For use by a physician who has before him or her an elderly person or an adult in need of protective services whom the physician reasonably suspects may be abused or neglected.
(7) For use by federal, state, or local governmental entities, social service agencies of another state, or any agent of these entities, having a need for the information in order to carry out their responsibilities under law to protect individuals from abuse and neglect.
(8) For public disclosure of the findings or information about the case of abuse or neglect that has resulted in a fatality. Information identifying by name persons other than the victim shall not be disclosed.
(Act 2022-161, §4.)
(a) The Administrative Office of Courts shall notify the Department of Human Resources of the criminal conviction or protection order concerning an individual under any of the following circumstances:
(1) An individual is found guilty of a crime perpetrated against an elderly person or an adult in need of protective services as described in Section 38-9G-2.
(2) The court issues an elder abuse protection order against an individual pursuant to Section 38-9F-4.
(3) The court issues a protection from abuse order against an individual pursuant to Chapter 5 of Title 30 for the protection of an elderly person or an adult in need of protective services.
(b)(1) Any agency responsible for investigating reports of abuse, neglect, exploitation, sexual abuse, or emotional abuse under Section 38-9-8, shall notify the Department of Human Resources of the outcome of the investigation if the report is determined to have been true or founded.
(2) In addition to documentation required by the department pursuant to subdivision (1), notification shall include the individual’s last known mailing address and any other information that the agency determines is necessary to adequately identify the individual when inquiry to the Alabama Elder and Adult in Need of Protective Services Abuse Registry is made.
(c) The department shall adopt rules for the implementation of this chapter. The rules shall include provisions requiring the submission of documentation for the purposes of notifying the department of a criminal conviction, protection order, or report pursuant to subsections (a) and (b).
(Act 2022-161, §5.)
(a) Upon receiving the notification described in Section 38-9G-3, the Department of Human Resources, in addition to entering the individual’s name and address on the Alabama Elder and Adult in Need of Protective Services Abuse Registry, shall enter information pertaining to the offense or offenses for which the individual was convicted. If an elder abuse protection order against the individual has been issued, or if a protection from abuse order against the individual has been issued for the protection of an elderly person or an adult in need of protective services, the department shall enter information pertaining to why the order was issued and the age of the victim.
(b) If the individual whose information is entered on the registry was not convicted of a crime but was found by the department to have otherwise committed acts of abuse, elder abuse, emotional abuse, exploitation, financial exploitation, intimidation, neglect, sexual abuse, or undue influence against an elderly person or an adult in need of protective services, the department, in addition to entering the individual’s name and address on the registry, shall also enter information pertaining to the offense or offenses the individual was found by the department to have committed.
(c) The individual’s information, once entered on the registry, shall remain on the registry even if the individual fulfills the obligations of any criminal sentencing against that individual, except as provided in subsection (d).
(d) The Department of Human Resources shall, and the Department of Mental Health and the Alabama Department of Public Health may, adopt rules requiring due process that includes notice by certified mail or by personal service for individuals found to have committed acts of abuse, elder abuse, emotional abuse, exploitation, financial exploitation, intimidation, neglect, sexual abuse, or undue influence against an elderly person or an adult in need of protective services. The Department of Human Resources, by rule, shall provide a process by which the individual’s name and information may be removed from the Alabama Elder and Adult in Need of Protective Services Abuse Registry, and shall implement its rules providing for this process no later than January 1, 2023.
(Act 2022-161, §6.)
A service provider shall query the Alabama Elder and Adult in Need of Protective Services Abuse Registry with regard to an individual who is an employee or prospective employee of the provider to confirm whether any of the following are true:
(1) The individual has been convicted of a crime described in Section 38-9G-2.
(2) An elder abuse protection order against the individual has been issued pursuant to Section 38-9F-4.
(3) A protection from abuse order has been issued against the individual pursuant to Chapter 5 of Title 30, for the protection of an elderly person or an adult in need of protective services.
(4) The Department of Human Resources has made a finding that the individual has committed an act of abuse, elder abuse, emotional abuse, exploitation, financial exploitation, intimidation, neglect, sexual abuse, or undue influence against an elderly person or an adult in need of protective services.
(Act 2022-161, §7.)
This article shall be known and may be cited as the “Child Support Act of 1979.”
(Acts 1979, No. 79-819, p. 1528, §1.)
(a) As used in this article, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) DEPARTMENT. The Department of Human Resources of the State of Alabama, including the state and county departments of human resources.
(2) CHILD. A child as described or defined by the Social Security Act and amendments thereto and by state law.
(3) SUPPORT. Support of a minor child and spousal support when such spousal support is incidental to child support as required by Title IV-D of the Social Security Act.
(4) SUPPORT PROGRAMS. Locating absent parents, establishing paternity, establishing or modifying support orders, enforcing support orders, collecting support and related matters as described or defined by the Social Security Act and amendments thereto and by state law.
(5) ADC, AFDC, AID TO DEPENDENT CHILDREN, and AID TO FAMILIES WITH DEPENDENT CHILDREN. Such terms shall have the same meaning and shall refer to the same public assistance program and may be used interchangeably to refer to the same program.
(6) AID. Such term, standing alone, shall mean the same as ADC or aid to dependent children or AFDC or aid to families with dependent children.
(7) COLLECTION AGENT. The prosecuting attorney, court clerk, court register, the Department of Human Resources, mobile accounts department or any other entity collecting Title IV-D support for the department.
(8) TITLE IV-D. Title IV-D of the Social Security Act including any amendments thereto.
(b) For the purposes of this article a prosecuting or district attorney is hereby defined as a legal entity of each county included in the judicial circuit in which he holds office.
(Acts 1979, No. 79-819, p. 1528, §3; Acts 1986, Ex. Sess., No. 86-709, p. 120, §1.)
(a) The Department of Human Resources of the State of Alabama shall operate child support programs as may be required under the provisions of Title IV-D, including, but not limited to, locating absent parents, establishing paternity, establishing or modifying support orders, enforcing support obligations and related matters, as described or defined by the Social Security Act and amendments thereto.
(b) As a part of the operation of the support programs established under subsection (a) hereof the Department of Human Resources of the State of Alabama shall administer income withholding in accordance with procedures which it shall establish for keeping adequate records to document, track, and monitor support payments collected pursuant to Title IV-D of the Social Security Act.
The department may designate and/or contract with public or private entities to administer income withholding on a state or local basis under the supervision of the department provided such entities are publicly accountable and follow the procedures established by the department for keeping adequate records. The department may designate and/or contract with only one entity to administer income withholding in each county of the state.
(Acts 1979, No. 79-819, p. 1528, §2; Acts 1986, Ex. Sess., No. 86-709, p. 120, §2.)
As a condition of eligibility for aid, each recipient of aid to families with dependent children shall be deemed, by accepting aid, to have made an assignment to the department of the right to any support owed up to the amount of aid paid by the department to the recipient in her own behalf or in behalf of any other person for whom the recipient is receiving aid.
The department shall be subrogated to the right of such child or recipients or the person having custody to collect and receive all child support payments and to initiate any support action existing now or in the future under the laws of Alabama.
(Acts 1979, No. 79-819, p. 1528, §4; Acts 1986, Ex. Sess., No. 86-709, p. 120, §3.)
Notwithstanding any other provisions of this article, as a condition of eligibility for aid, each recipient of aid to families with dependent children shall have assigned to the department by operation of law any rights to support from any other person which such recipient may have in his own behalf or in behalf of any other family member for whom the recipient is receiving aid, which accrued at the time such assignment is executed, which continue to accrue until said recipient family ceases to receive aid and which may have effect as provided by the Social Security Act and amendments thereto. Such assignment to the department of the rights to any support owed up to the amount of aid paid by the department to the recipient shall conform with the requirements of the Social Security Act and amendments thereto. Such assignment shall make the department assignee of and to the right of such child or recipient or the person having custody to collect and receive all support payments and to initiate any support action existing now or in the future under the laws of Alabama and for the purpose of conforming and complying with the provisions of the Social Security Act and amendments thereto. An assignment made in accordance with the provisions of this article by a parent or other person of any age shall be binding as if such parent or other person were over the age of 19 years.
(Acts 1979, No. 79-819, p. 1528, §5; Acts 1986, Ex. Sess., No. 86-709, p. 120, §4.)
The payment of aid creates a debt due and owing to the department by the parent or parents; provided, however, that in cases in which a court has ordered support incident to a divorce decree or any other order for child support, the debt shall be limited to the amount specified in such court decree or court order. The liability for said debt to the department shall then apply only with respect to the support payments owed for the period of time during which aid is granted and shall conform and comply with such court decree or court order and shall be handled by the department in such a manner as to conform and comply with requirements of the Social Security Act and amendments thereto.
(Acts 1979, No. 79-819, p. 1528, §6; Acts 1986, Ex. Sess., No. 86-709, p. 120, §5.)
(a) Whenever anyone owing the obligation of support has failed to provide support, and application is made to the department for support services as may be provided pursuant to the requirements of Title IV-D or for aid, the department, and including the district attorney when providing services for the department, may take appropriate action under this article, or any other appropriate state and federal statutes, to assure that the responsible person or persons owing the obligation of support provide support, including, but not limited to, civil or criminal actions to determine parentage or to establish, modify, or enforce support obligations. All actions to determine parentage or to establish, modify, or enforce support obligations may be brought in either the juvenile court or district court or the circuit court or appropriate federal court, and all presently existing statutes are hereby amended to provide that the juvenile courts and district courts and the circuit courts shall have the concurrent jurisdiction of actions involving parentage, desertion, nonsupport, or support.
(b) The court making the determination of parentage, or establishing, modifying, or enforcing support, unless otherwise provided by law, shall retain jurisdiction to enforce or modify prior orders of the court.
Acts 1979, No. 79-819, p. 1528, §7; Acts 1986, Ex. Sess., No. 86-709, p. 120, §6; Act 2012-383, p. 1011, §1.)
Any district attorney or attorney approved or appointed by the Attorney General initiating legal proceedings at the request of the Department of Human Resources to establish or enforce child support, spousal support, medical support, and/or any other support services pursuant to the provisions of Title IV-D of the Social Security Act and the laws of this state shall represent the State of Alabama, Department of Human Resources, exclusively in said proceedings. No attorney-client relationship shall exist between the IV-D attorney and any applicant or recipient of the agency’s support enforcement services, without regard to the style of the case in which legal proceedings are initiated. Said attorney representing the state in an IV-D case is only authorized to appear and prosecute and/or defend issues of support and cannot in an IV-D case address or provide representation to the IV-D client on any other or ancillary issues raised or presented in that action. The provisions of this section shall apply to any attorney authorized to represent the State of Alabama and providing support enforcement services to the Department of Human Resources, and shall be applicable in any action brought by the department pursuant to Title IV-D of the Social Security Act and the laws of this state. The Department of Human Resources shall advise all applicants or recipients of the agency’s support enforcement services that no attorney-client relationship exist between the IV-D attorney and the applicant or recipient and shall have executed a written statement signed by the recipient to that effect.
(Acts 1994, 1st Ex. Sess., No. 94-800, p. 105, §1.)
Support collections, in cases in which an assignment has been made to the department and after the support payment has been made to the appropriate collection agent pursuant to this article, shall be paid directly to the state department and distribution shall be made by the state department in accordance with the provisions of the Social Security Act and amendments thereto. Support collections in cases where there is not an assignment to the department but services are otherwise being provided pursuant to the requirements of Title IV-D shall be accounted for and distributed by the state department in accordance with rules published and provided by the department. When an obligor is subject to more than one support order being enforced by the department and the amount received from the obligor for distribution is not sufficient to satisfy the total amount due under all of the orders, distribution of current support shall have priority over any past due support. Where two or more orders for current support against an obligor are being enforced by the department and the amount received from the obligor is not sufficient to satisfy all current support due, the state department shall allocate a pro rata share of the total amount received to each family for whom support is being enforced by the department. When two or more support orders are being enforced against an obligor by the department, more than one of which has an accumulated arrearage, and the total amount collected is in excess of the amount sufficient to satisfy current support due under all of the orders, but is insufficient to satisfy all arrearages due, the department shall allocate a pro rata share of the amount collected, over and above the amount needed to satisfy the current support, to each family for whom support is being enforced and to whom an arrearage is owed. Distribution shall be made based upon the percentage of the total amount required to satisfy all of the respective support orders multiplied by the total amount available for distribution. The State Treasurer shall deposit collections of support received by the state department into a separate interest-bearing account. The State Treasurer shall at the end of each quarter credit any and all interest accruing on the interest-bearing account to the Public Welfare Trust Fund. The interest shall be used for general welfare purposes and is appropriated for those purposes.
(Acts 1979, No. 79-819, p. 1528, §8; Acts 1986, Ex. Sess., No. 86-709, p. 120, §7; Acts 1989, No. 89-859, p. 1712, §1; Acts 1995, No. 95-526, p. 1062, §1; Acts 1997, No. 97-229, p. 381, §1.)
(a) The department is authorized and empowered to conduct investigations to determine the location of parents and putative parents alleged or known to owe child support.
(b) The department is authorized and empowered to conduct investigations to determine the location, income, and assets including real or personal property or income producing property of parents alleged or known to have a child support obligation.
(c) The department is authorized and empowered to notify a parent of his legal duty to provide support and to require information concerning his financial status in order to determine whether or not he is financially able to provide support.
(d) Such notice may inform the parent that he may be liable for reimbursement of any support furnished as public assistance or aid prior to determination of his financial circumstances, as well as future and past support payments due and not paid by him.
(e) Any person who knowingly falsifies such parent’s report of his income and resources and other matters bearing on his ability to provide support shall upon conviction be punished as for false swearing or perjury.
(f) If any parent shall refuse to provide the department with information as provide herein, or provides incomplete or false information, the department shall be authorized to petition the appropriate district or circuit court of this state requesting that the court issue a citation to the parent requiring said parent to appear before the court and submit to an oral examination, under oath, touching on the amount of his income and the nature, location, description and value of his assets. Should the parent, after being served with said citation, fail to appear before the court on the date and time stated in the court’s citation, then the parent shall be subject to the contempt authority of the court.
(g) For purposes provided herein, private employers shall upon written request by the department, provide the department with the name, social security account number, address, date of birth, wages, unemployment and workers’ compensation status, availability and coverage for medical insurance (including insurance coverage on dependents) and numbers of dependents listed for tax purposes, of any parent or putative parent.
(Acts 1979, No. 79-819, p. 1528, §9; Acts 1986, Ex. Sess., No. 86-709, p. 120, §8; Acts 1991, No. 91-660, p. 1263, §1.)
In addition to the existing causes of action there is hereby created, on behalf of any person who is owed a duty of support, a civil cause of action which may be enforced in the district court, the circuit court or any court having nonsupport jurisdiction or jurisdiction over the custody of children.
(Acts 1979, No. 79-819, p. 1528, §11.)
It is intended that new or additional causes of action for the department are created by the provisions of this article. This article shall be construed to create additional, alternative causes of action and shall in no way affect or impair any other remedy, civil or criminal, provided in any other statute or available under common law. The procedures, actions and remedies provided in this article shall in no way be exclusive but shall be in addition to and not in substitution of other proceedings available in the courts of this state or any other state or in any appropriate federal court. It is intended that this article be construed and administered to the end that children shall be maintained from the resources of the responsible parents.
(Acts 1979, No. 79-819, p. 1528, §10.)
(a) When any support payments are made directly to the department, including the state and county departments, under any and all of its child support programs and other child support programs administered by it, including programs administered pursuant to the requirements of Title IV-D of the Social Security Act, and any payments, or any portion thereof, are due to be disbursed to the custodian of the child, the department receiving payment shall within five working days after the day of its receipt make remittance of the amount due by mailing it to the custodian of the child. The five-day distribution requirement shall not apply when the department has received service of an affidavit to terminate income withholding due to the fact that all children subject to the order have reached the age of majority or all arrearage obligations have been fulfilled, or as otherwise provided in subdivisions (1) and (2).
(1) When collection is made pursuant to the federal tax offset provisions of Title IV-D of the Social Security Act or pursuant to the setoff debt collection provisions of Article 3, Chapter 18, Title 40, distribution shall continue to be made pursuant to that article and federal requirements.
(2) When the amount of support collected on an order in a month is less than ten dollars ($10), the amount collected shall be held in escrow by the department until the total collections on that order, including any amount held in escrow, exceed ten dollars ($10), at which time the amount shall be distributed.
(b) Any child support disregard payment to current aid to families with dependent children recipients shall not be governed by this section, but shall be made pursuant to federal requirements.
(Acts 1990, No. 90-768, p. 1571; Acts 1991, No. 91-660, p. 1263, §2; Acts 1995, No. 95-526, p. 1062, §2.)
As used in this article, the following terms shall have the following meanings:
(1) CHILD. A minor or disabled child.
(2) CUSTODY. A legal status created by court order.
(3) DEPARTMENT. The Department of Human Resources of the State of Alabama, including the state and county departments of human resources.
(4) FOSTER CARE. Services for children outside of their own homes provided on a 24-hour basis in a licensed or approved facility.
(Acts 1986, Ex. Sess., No. 86-686, p. 81, §1.)
Either upon granting of custody of a child to the department and the provision of foster care or upon the department’s making foster care maintenance payments on behalf of a child under provisions of Title IV-E of the Social Security Act, the department shall by operation of law be assigned the right to any support owed to or for such child. The assignment:
(1) shall be effective as to both current and accrued support obligations; and
(2) shall terminate when the department is no longer providing foster care, except with respect to the amount of any unpaid support obligation accrued under the assignment.
(Acts 1986, Ex. Sess., No. 86-686, p. 81, §2.)
The department may take action under this article or any other appropriate state and federal statutes to assure that the parent or parents of a child in the custody and care of the department or otherwise receiving foster care maintenance payments under Title IV-E of the Social Security Act, provide support for such child. An order for support may be made at the time custody is granted to the department and may be made a part of the custody order.
(Acts 1986, Ex. Sess., No. 86-686, p. 81, §3.)
Support collections made pursuant to the provisions of this article shall be paid to the department or its designee and distribution thereof shall be made in accordance with rules published by the department.
(Acts 1986, Ex. Sess., No. 86-686, p. 81, §4.)
As used in this article “foster care trust fund” means a separate fund established for the purpose of donation of tax deductible funds by individuals, charitable organizations, institutions, and businesses wishing to assist all children in the temporary or permanent custody of the department of human resources who are in foster care.
(Acts 1990, No. 90-385, p. 527, §1.)
The finance director of the State of Alabama shall establish a separate account for deposit of donations to the foster care trust fund, the proceeds of which shall be available to the Department of Human Resources for the purpose of assisting children in its custody.
(Acts 1990, No. 90-385, p. 527, §2.)
The Department of Human Resources shall use funds deposited in the foster care trust fund to meet the following needs of children in its custody including, but not limited to, tuition for post-secondary education, tutoring, development of artistic or athletic abilities, graduation costs, birthday and Christmas gifts, and, assistance with preparation for independent living. In no case shall proceeds from the foster care trust fund be used for the cost of board or staff costs of the Department of Human Resources. All administrative costs or any other costs to provide for the operation of the foster care trust fund created by this article shall be paid from funds allocated to the department of human resources.
(Acts 1990, No. 90-385, p. 527, §3.)
The Commissioner of the Department of Human Resources is hereby authorized to issue such rules and regulations as are necessary to implement the provisions of this article.
(Acts 1990, No. 90-385, p. 527, §4.)
The intent of this chapter is to assist public assistance applicants and recipients to become wage earning, self-supporting citizens of the State of Alabama. Thus, through the provisions of this chapter, the Department of Human Resources shall develop and coordinate employment related programs, training activities including work experience, vocational training, job finding skills, remedial education, and social services with the goal of reducing welfare dependency and the costs thereof to the State of Alabama; to improve the participants’ economic quality of life, to improve personal functioning through acquisition of general education and parenting skills, and to remove barriers to employment and financial independence.
(Acts 1989, No. 89-850, p. 1699, §1.)
(a) The Department of Human Resources shall establish and administer a welfare employment program for persons applying for, or receiving, public assistance in the State of Alabama. The department shall develop program policy, criteria, requirements, and procedures and issue rules and regulations for governance of the program, insofar as federal guidelines permit, and shall assume program management responsibilities including budget planning, cost accounting, data collecting and reporting, evaluation and assessment of program performance, and standards for effective use of distributed funds. The program shall include development of employment strategies, employment-related programs and activities and family support services directed toward affecting the intent and goals of this chapter.
(b) As a condition of eligibility for Temporary Assistance for Needy Families (TANF) an applicant shall have applied for at least three positions of unsubsidized employment prior to completing the application process and comply with job search preparation, education, and other employment activities as required by the department.
(c) Recipients of TANF cash assistance who voluntarily terminate employment or refuse employment without good cause shall be ineligible for TANF cash assistance.
(Acts 1989, No. 89-850, p. 1699, §2; Act 2014-425, p. 1561, §1.)
The Department of Human Resources shall seek federal funds, as such are available, to carry out work-related requirements and activities for public assistance applicants and recipients who are required, or permitted, by federal law to be referred to an employment-related activity. Program size, requirements, benefits and services shall be contingent upon the availability of funds and on the program’s demonstrated cost effectiveness. The department may also seek and receive other public or private funds, donations, or in-kind services to carry out the program activities of this chapter.
(Acts 1989, No. 89-850, p. 1699, §3.)
Every applicant for and recipient of public assistance, except those exempted by federal law or regulation, shall be required to register and participate in programs and activities of the Alabama welfare employment program. The state may exercise exemption options under federal law. Exempt applicants and recipients of public assistance may volunteer to register and participate in the Alabama welfare employment program. Mandatory participants shall be subject to sanctions, in accordance with federal law, if they fail to comply with the requirements of the program.
(Acts 1989, No. 89-850, p. 1699, §4.)
As used in this chapter the following words shall have the following meanings:
(1) DEPARTMENT. State Department of Human Resources.
(2) FOSTER PARENT. Any person with whom a child in the care, custody, or guardianship of the department, is placed for temporary or long-term care, but shall not include any person with whom a child is placed for the purpose of adoption.
(Act 99-437, p. 864, §1.)
(a) There is established a Kinship Foster Care Program in the State Department of Human Resources.
(b) When a child has been removed from his or her home and is in the care, custody, or guardianship of the department, the department shall attempt to place the child with a relative for kinship foster care. If the relative is approved by the department to provide foster care services, in accordance with rules and regulations adopted by the department regarding foster care services, and a placement with the relative is made, the relative may receive payment for the full foster care rate only as provided by federal law for the care of the child and any other benefits that might be available to foster parents, whether in money or in services. Foster care payments shall cease upon the effective date of the kinship subsidiary payments or as provided by the department.
(c) The department shall establish standards for becoming a kinship foster parent as follows:
(1) A relative shall be an individual who is legally related to the child by blood, marriage, or adoption within the fourth degree of kinship, including only a brother, sister, uncle, aunt, first cousin, grandparent, great grandparent, great aunt, great uncle, great great grandparent, niece, nephew, grandniece, grandnephew, or a stepparent. For the purposes of kinship foster care, the blood relationship shall continue to be recognized in defining relative after termination of parental rights.
(2) The kinship foster parent shall be 21 years of age or older, unless the department provides otherwise by rule to carry out the provisions of this chapter.
(3) The department may waive standards for kinship foster care as provided by department rule and as permitted by other state and federal law.
(Act 99-437, p. 864, §2; Act 2010-712, p. 1744, §13.)
(a) A person may become a kinship foster parent only upon the completion of an investigation to ascertain if there is a state or federal record of criminal history for the prospective kinship foster parent or any other adult residing in the prospective foster parent’s home.
(b) The Alabama Bureau of Investigation shall conduct the investigation and shall make the results of the investigation available to the department in accordance with this section. The department shall maintain the confidentiality of the investigation results and shall use the results only for purposes of determining a person’s eligibility to become a kinship foster parent.
(c) It is unlawful, except for the purpose of determining a person’s eligibility for kinship foster care, for any person to disclose information obtained under this section. Any person violating this section commits a Class A misdemeanor.
(Act 99-437, p. 864, §3.)
(a) The department shall determine whether the person is able to care effectively for the foster child by the following methods:
(1) Reviewing personal and professional references.
(2) Observing during a home visit of the kinship foster parent with household members.
(3) Interviewing the kinship foster parent.
(b) The department and the kinship foster parent shall develop an individualized service plan for the foster care of the child. The plan shall be periodically reviewed and updated. If the plan includes the use of an approved daycare center or family daycare home, the department shall pay for child care arrangements, according to established rates.
(c) The kinship foster parent shall cooperate with any activities specified in the individualized service plan for the foster child, such as counseling, therapy, court sessions, or visits with the foster child’s parents or other family members.
(d) Whether appointed kinship guardian by the juvenile court or awarded a kinship guardianship subsidy, the kinship foster parent shall meet and continue to meet all subsidy program and funding requirements.
(Act 99-437, p. 864, §4; Act 2010-712, p. 1744, §13.)
The department may adopt rules and regulations to carry out the provisions of this chapter.
(Act 99-437, p. 864, §5.)
This article may be cited as the Alabama Kinship Guardianship Subsidy Act.
(Act 2010-712, p. 1744, §1.)
The Legislature finds and declares the following:
(1) There exists in this state a number of children who cannot reside with their parents, legal guardians, or legal custodians because of such parents’, legal guardians’, or custodians’ incapacity or inability to perform the regular and expected functions of care and support of the children and family care and who thereby come to the attention of juvenile court and into the care and custody of the Department of Human Resources.
(2) An increasing number of relatives, including grandparents, find themselves wanting to provide care to related foster children on a long-term basis to prevent the children from remaining in foster care with unrelated caregivers yet these relatives are either unable or unwilling to seek termination of the legal relationships between the parent and the child, particularly when it is the caregiver’s own child or sibling who is the parent.
(3) It is in the public interest to support legal guardianship assistance that addresses the needs of the children and caregivers in long-term kinship relationships by providing financial assistance to help relatives bear the long-term costs of child care and support for children outside the foster care system.
(4) It is in the public interest to create a new type of legal guardianship that addresses the needs of children in the legal custody of the Department of Human Resources and to establish long-term legal relationships with relatives and place children out of the foster care system.
(5) The purposes of kinship guardianships include the following:
a. Establish procedures to effect a legal relationship between a child in the legal custody of the Department of Human Resources and a kinship guardian when the child is not residing with either parent, a legal guardian, or a legal custodian and to terminate legal custody with the department.
b. Provide a child in the legal custody of the Department of Human Resources with a stable and consistent long-term relationship with a kinship guardian that will enable the child to develop physically, mentally, and emotionally to the maximum extent possible when the parents, legal guardians, or legal custodians of the child are not willing or able to do so.
c. Establish a permanent placement alternative to a child remaining in the legal custody of the Department of Human Resources under juvenile court supervision in situations where the child cannot be reunited with the parent, legal guardian, or legal custodian, and other persons are not interested in pursuing adoption.
d. Establish a new legal relationship which is permanent during the minority of the child and not subject to modification or revocation merely for a material change in circumstances which has occurred since the order granting the kinship guardianship was entered, but also that the change would materially promote the child’s best interest and welfare, and that the positive good brought about by the change would more than offset the inherently disruptive effect caused by uprooting the child.
e. Establish a kinship guardianship subsidy program to help kinship guardians bear the cost of providing care for their relatives’ children outside the foster care system with available federal funds and funds made available from other sources.
(Act 2010-712, p. 1744, §2.)
As used in this article, the following terms shall have the following meanings:
(1) CAREGIVER. An individual 21 years of age or older, other than a child’s parent, legal guardian, or legal custodian who is an approved foster parent, who is a relative of the child, and who has been providing care and support for the child while the child has been residing in the caregiver’s home for at least the last six consecutive months while in the legal custody of the Department of Human Resources, a designated official for a child-placing agency, or a successor guardian.
(2) CHILD. An individual under 18 years of age who is in foster care with the caregiver and over whom a court has exercised continuing jurisdiction.
(3) COURT. The juvenile court.
(4) DEPARTMENT. The Department of Human Resources.
(5) KINSHIP GUARDIAN. A caregiver who is willing to assume care of a child because of parental incapacity of a parent, legal guardian, legal custodian, or other dependency reason, with the intent to raise the child to adulthood, and who is appointed the kinship guardian of the child by a juvenile court. A kinship guardian shall be responsible for the care and protection of the child and for providing for the health, education, and maintenance of the child.
(6) PARENTAL INCAPACITY. Abandonment or incapacity of such a serious nature as to demonstrate that the parent, legal guardian, or legal custodian is unable, unavailable, or unwilling to perform the regular and expected functions or care and support of the child.
(7) PROGRAM. The Kinship Guardianship Subsidy Program established by Section 38-12-33.
(8) RELATIVE. An individual who is legally related to the child by blood, marriage, or adoption within the fourth degree of kinship, including only a brother, sister, uncle, aunt, first cousin, grandparent, great grandparent, great aunt, great uncle, great great grandparent, niece, nephew, grand niece, grand nephew, or a stepparent.
(9) SUCCESSOR GUARDIAN. A person or persons named in a kinship guardianship assistance agreement, or any amendment thereto, as the person or persons to provide care and guardianship for a child in the event of the death or incapacity of a kinship guardian. The successor guardian may be unrelated to the child.
(Act 2010-712, p. 1744, §3; Act 2016-129, §1.)
There is established in the department the Kinship Guardianship Subsidy Program. For the purposes of this article, the department is authorized to use funds that are appropriated for child welfare services and funds provided under the United States Social Security Act, Titles IV-B and IV-E, or under any waiver that the department receives pursuant to those titles, or out of any funds made available to it from other sources for the program.
(Act 2010-712, p. 1744, §4.)
(a) Subject to rules adopted to implement this article, the department may provide subsidies for an eligible child placed in kinship guardianship by a court, or by a federally recognized Native American Indian tribe, if the child would not be placed in a kinship guardianship without the assistance of the program.
(b) A child is an eligible child for a kinship guardianship subsidy if the department determines the following:
(1) The child has been removed from the custody of his or her parent or parents, legal guardian, or legal custodian as a result of a judicial determination to the effect that continuation in the custody of the parent or parents, legal guardian, or legal custodian would be contrary to the welfare of the child.
(2) The department is responsible for the placement and care of the child.
(3) Being returned home or being adopted are not appropriate permanent options for the child.
(4) Permanent placement with a kinship guardian is in the child’s best interests.
(5) The child demonstrates a strong attachment to the prospective kinship guardian and the kinship guardian has a strong commitment to caring permanently for the child.
(6) The child has received foster care maintenance payments while residing for at least six consecutive months in the home of the prospective kinship guardian.
(7) With respect to a child who has attained 14 years of age, the child has been consulted regarding the kinship guardianship.
(8) If required for federal funding participation, the kinship guardian is qualified pursuant to a means-based test and any other requirements.
(9) If required for federal funding participation, the necessary degree of relationship exists between the prospective kinship guardian and the child.
(Act 2010-712, p. 1744, §5.)
The amount of a kinship guardianship subsidy shall be determined according to this section and as provided by rules of the department. The subsidy may be paid monthly and the monthly amount may not exceed the monthly foster care maintenance board payment for the child if the child were to remain in the care or custody of the department, without regard to the sources of the funds. No foster care maintenance board payment and kinship subsidy payment shall be paid for the same child for the same period of time. The kinship guardianship subsidy may only be provided for an eligible child. Subject to rules adopted by the department, the subsidy may include up to the federally established amount for nonrecurring expenses, including attorney’s fees, incurred by the kinship guardian or successor guardian to complete the kinship guardianship or successor guardianship in court. Subsidy payments are subject to the availability of funds and the allocation of funding by the department.
(Act 2010-712, p. 1744, §6; Act 2016-129, §1.)
Provided that federal funding is available, the kinship guardianship subsidy shall continue until the following occur:
(1) The child who is being cared for by the kinship guardian or successor guardian reaches age 18 years, or age 21 if the child has attained age 16 before the kinship subsidy agreement became effective, and the child is:
a. Completing secondary education or a program leading to an equivalent credential.
b. Enrolled in an institution which provides postsecondary or vocational education.
c. Participating in a program or activity designed to promote, or remove barriers to, employment.
d. Employed for at least 80 hours per month.
e. Incapable of doing any of the activities described in paragraphs a. through d. due to a medical condition, which incapability is supported by regularly updated information in the case plan of the child, if applicable.
(2) The kinship guardian or successor guardian is no longer legally responsible for support of the child.
(3) The kinship guardian or successor guardian is no longer providing support to the child under the care of the kinship guardian or successor guardian, at which time the kinship guardianship subsidy ceases.
(Act 2010-712, p. 1744, §7; Act 2016-129, §1.)
(a) Applications for the program may be submitted by a prospective kinship guardian. A written agreement between the prospective kinship guardian entering into the program and the department shall precede the award of a kinship guardianship. The kinship guardianship subsidy agreement and kinship guardianship subsidy shall become effective only upon entry of an order of a court awarding kinship guardianship. The agreement shall specify, at a minimum, the following:
(1) The amount of, and manner in which, each kinship guardianship assistance payment will be provided under the agreement, and the manner in which the payment may be adjusted periodically, in consultation with the relative guardian, based on the circumstances of the relative guardian and the needs of the child.
(2) The additional services and assistance that the child and relative guardian or successor guardian will be eligible for under the agreement.
(3) The procedure by which the relative guardian or successor guardian may apply for additional services as needed.
(4) That the department will pay the cost of nonrecurring expenses associated with obtaining a legal order of kinship guardianship or successor guardianship of the child, to the extent the cost does not exceed the federally established amount.
(b) No kinship guardianship subsidy shall be made unless satisfactory documentation is submitted by the kinship guardian or successor guardian showing an eligible child lives in the home of the kinship guardian or successor guardian. Upon approval by the department that all the requirements for payment eligibility have been satisfied, the kinship guardianship subsidy may be retroactive to the date of the court order appointing kinship guardianship.
(c) The kinship guardianship assistance agreement executed in accordance with this section and any amendments thereto may name an appropriate person to act as a successor guardian for the purpose of providing care and guardianship for a child in the event of death or incapacity of the relative guardian.
(d) A child shall remain eligible for kinship guardianship assistance payments under this title when a successor guardian assumes care and guardianship of the child.
(e) The department shall complete a criminal history record check on the prospective successor guardian and all adult residents of the household of the prospective successor guardian before approval to receive payments. The department also shall complete a child abuse record check on the prospective successor guardian and all household members that are 14 years or older before approval to receive payments.
(f) It shall be the duty of the prospective successor guardian to inform the social services official that has entered into an agreement with the relative guardian for payments under this title in writing of the death or incapacity of the relative guardian and of the prospective successor guardian’s desire to enforce the provisions in the agreement that authorize payment to him or her in the event of the death or incapacity of the kinship guardian.
(Act 2010-712, p. 1744, §8; Act 2016-129, §1.)
If the subsidy continues for more than one year, the eligibility for and amount of the subsidy shall be reviewed at least annually by the department as provided by rule. The subsidy continues regardless of the state in which the kinship guardian or successor guardian resides, or the state to which the kinship guardian or successor guardian moves, if the kinship guardian or successor guardian continues to be responsible for the child, provided funding is available.
(Act 2010-712, p. 1744, §9; Act 2016-129, §1.)
The department shall adopt rules for the program consistent with this article.
(Act 2010-712, p. 1744, §10.)
Except as required by federal law or regulation, the kinship guardianship subsidy may not be counted as a resource or income in the determination of the kinship guardian’s, successor guardian’s, or child’s eligibility for any public benefits or assistance. Kinship guardianship subsidy payments shall be exempt from any tax levied by the state or any subdivision thereof and shall be exempt from levy, garnishment, attachment, or any other process whatsoever and shall be inalienable.
(Act 2010-712, p. 1744, §11; Act 2016-129, §1.)
The department may provide a kinship guardianship subsidy pursuant to this article to any eligible child in department custody by court order on October 1, 2010, and to any eligible child placed in department custody by court order after October 1, 2010.
(Act 2010-712, p. 1744, §12.)
There is hereby established and created the Foster Parents’ Bill of Rights Act.
(Act 2004-257, p. 351, §1.)
The Department of Human Resources shall ensure that each foster parent shall have all of the following rights:
(1) The right to be treated with dignity, respect, trust, value, and consideration as a primary provider of foster care and a member of the professional team caring for foster children.
(2) The right to receive information concerning the rights enumerated in this section.
(3) The right to a concise written explanation of their role as foster parents in partnership with children and their families, the department, and other providers, the role of the department, and the rights and role of the members of the birth family of a child in foster care.
(4) The right to training and support for the purpose of improving skills in providing daily care and meeting the needs of the child in foster care.
(5) The right to training, consultation, and assistance in evaluating, identifying, and accessing services to meet their needs related to their role as foster care providers. This includes, but is not limited to, all foster care polices, the Foster Parent Handbook, Foster Family Homes Minimum Standards, the Therapeutic Foster Care Manual, and a mediation process.
(6) The right to provide input to the department in identifying the types of resources and services that would meet the needs of children currently in their care and of their families, and advocate for the same without threat of reprisal.
(7) The right to information concerning behavioral problems, health history, educational status, cultural and family background, and other issues relative to the child which are known to the department at the time the child is placed in foster care prior to the child’s placement with a foster parent or parents. When the department knows such information after placement, the department shall make that information available to the foster parent as soon as practicable.
(8) The right to a written explanation of the plan concerning the placement of a child in the foster parent’s home. For emergency placements where time does not allow prior preparation of the explanation, the department shall provide such explanation within 72 hours. Prior to placement, the department shall allow the foster parent to review a written summary of information concerning the child, including, but not limited to, assessments, evaluations, and case plans, and allow the foster parent to assist in determining if the child would be a proper placement for the prospective foster family. For emergency placements where time does not allow prior review of the information, the department shall provide the information within 72 hours of placement. Confidential information shall be kept confidential by the foster parents, except as determined through the individualized service plan (ISP) process to promote the health and welfare of the child.
(9) The right to a staff person representing the department on call 24 hours a day, seven days a week, for the purpose of aiding the foster parent in receiving departmental assistance.
(10) The right to fair and equitable board payments based on a system of daily board rates and other financial reimbursement as specified in a plan adopted by the department after consultation with foster parents, subject to the availability of funds.
(11) The right to accept or refuse placement within their home, or to request, upon reasonable notice to the department, the removal of a child from their home for good cause without threat of reprisal for acting on such good cause.
(12) The right to information of scheduled meetings and appointments concerning the foster child and permission for the foster parent to actively participate in and provide input to be used by the ISP team in the case planning and decision-making process regarding the child in foster care, including, but not limited to, individual service planning meetings, foster care reviews, individual educational planning meetings, and medical appointments.
(13) The right to request that a person or persons serve as a volunteer advocate and to be present at all meetings with the department, including, but not limited to, individualized service planning, administrative hearings, the grievance/mediation process, the adoption process, and the allegation process where the foster parent is present. All communications received by the volunteer advocate shall be in strict confidence.
(14) The right to notice and an opportunity to be heard, including timely information concerning all court hearings. This notification may include, but is not limited to, notice of the date and time of the court hearing, the name of the judge or hearing officer assigned to the case, the guardian ad litem, the location of the hearing, and the court docket number. The notification shall be made upon receipt of this information by the department. Although not a party to the case, the foster parent may attend court hearings at the discretion of the judge.
(15) The right to communication with professionals who work with the foster child, including, but not limited to, therapists, physicians, and teachers who work directly with the child.
(16) The right to communicate with the child’s birth family, other foster parents of the child, and prospective and finalized adoptive parents of the child with ISP team approval and without the threat of reprisal.
(17) The right to necessary information on an ongoing basis which is relevant to the care of the child, including timely information on changes in the case plan or termination of the placement and reasons for the changes or termination of placement to the foster parent, except in the instances of immediate response of child protective service.
(18) The right to first consideration as the resource for a child in a foster parent’s home who becomes free for adoption or another planned permanent living arrangement.
(19) The right to a period of respite upon the request of a foster parent. The foster parent shall provide reasonable notice of a request for respite.
(20) The right to information, in person and in writing, of any allegations of maltreatment of children in the home of the foster parent alleged to have been perpetrated by a member of the foster parent’s household, the process for disposition of these allegations, and any review process for reports of indicated child abuse and neglect upon receipt of the allegations. A written notification of any report in which a finding is not indicated on the county level shall be provided to a foster parent within five days of the findings.
(21) The right to copies of all information relative to their family and services contained in the personal foster home record.
(22) The right to mediation procedures that may be developed and adopted by the department and the Alabama Foster and Adoptive Parent Association Board. The foster parent may request mediation in accordance with any mediation policy adopted by the department and the Alabama Foster and Adoptive Parent Association Board without threat of reprisal.
(23) The right to appeal the closing of a foster family home by the department in accordance with any appeal procedure adopted by the department and the Alabama Foster and Adoptive Parent Association Board without threat of reprisal.
(Act 2004-257, p. 351, §2.)
This chapter shall be known and may be cited as the Fostering Hope Scholarship Act of 2015.
(Act 2015-121, §1.)
(a) The State Department of Human Resources shall develop and administer Fostering Hope, a scholarship program for designated persons currently or formerly in the state foster care program, including children adopted from the program at the age of 14 or older. Commencing with the 2016-2017 academic year, the program, on behalf of participants, shall do either of the following:
(1) Pay for tuition and required fees at any public two-year or four-year institution of higher education in the state.
(2) Pay required fees for job training courses or skill certifications that are offered by any public two-year or four-year institution of higher education in the state or other publicly funded training programs in the state, and not considered an associate’s degree, if the courses or certifications are first approved by the department.
(b) Payments of tuition and required fees are considered program scholarships.
(Act 2015-121, §2.)
The program shall include a mentor service administered by the department as a support system for participants of the college tuition scholarship program. This service shall include mentors who shall be compensated by the department, as employees or contractors, to help participants adapt to independent living and to academics and other college or university activities.
(Act 2015-121, §3.)
Appropriations for the program shall be used by the department on behalf of participants in each fiscal year to pay public two-year and four-year institutions of higher education or other publicly funded training programs in the state for benefits extended to participants by the Fostering Hope program. The department may also use not more than 10 percent of the total state appropriation made to the program in any fiscal year for costs associated with the mentor service. The department may not spend appropriations for the program for purposes other than those listed in this section. Any monies appropriated to the department for Fostering Hope that are unspent at the end of a fiscal year shall be carried over for use by the program in the next fiscal year. The department shall develop rules for ensuring that expenses of the Fostering Hope program in a fiscal year do not exceed funding for the program in that fiscal year. For that purpose, and any other provision of this chapter to the contrary notwithstanding, the department may limit the acceptance of applications for Fostering Hope scholarships and may limit the award of scholarships.
(Act 2015-121, §4.)
The program shall pay tuition and required fees for a participant as governed by rules promulgated by the department. In no event shall tuition and required fees be paid pursuant to this section for more than 72 academic hours toward an associate’s degree or 144 academic hours toward a bachelor’s degree for each participant. The program shall only pay tuition and fees relating to an undergraduate degree.
(Act 2015-121, §5.)
(a) To be eligible to participate in the program, a scholarship applicant shall satisfy all of the following:
(1) Be in the legal custody of the foster care program of the department at the time of graduation from high school or earning a General Educational Development (GED) high school equivalency certification; or in the permanent legal custody of the foster care program of the department when his or her adoption is finalized, at 14 years of age or older, and has graduated from high school or earned a GED certification.
(2) Have net personal assets worth less than thirty thousand dollars ($30,000), subject to adjustment by the Commissioner of the Department of Human Resources to account for inflation.
(3) Is younger than 26 years of age at the start of the semester, training program, or certification program for which tuition or fees are requested from the program.
(4) Is accepted for enrollment in a degree-granting, training, or certification program, or is enrolled and working toward a degree, certificate, or completion of a job training program, at a public two-year or four-year institution of higher education or publicly funded training program in the state.
(5) Is making adequate progress toward the completion of a degree, certification, or training program as determined by rule promulgated by the department.
(6) Has completed and submitted to the United States Department of Education a Free Application for Federal Student Aid (FAFSA), or the equivalent, before each year in which he or she receives a Fostering Hope scholarship. He or she shall have applied for all federal student financial aid grants, including Pell grants, Supplemental Education Opportunity Grants, and Education and Training Vouchers, identified as being available for the student’s application by the department or by Federal Student Aid, an office of the United States Department of Education, or its successor agency.
(b) To be eligible to participate in the program after the first year of participation, an applicant shall also satisfy all of the following:
(1) Complete, after the first academic year in which he or she receives a Fostering Hope scholarship, annual volunteer service requirements or employment requirements pursuant to rules promulgated by the department.
(2) Remain in good standing with the policies established by the college, university, or other training or certification program in the state in which he or she is enrolled.
(c) Scholarship funds may be disbursed only if sufficient funding for the Fostering Hope program is available.
(Act 2015-121, §6.)
A scholarship awarded pursuant to this chapter may not be reduced by the amount of any federal aid, scholarship funds, or grant funds otherwise received by the person or by the amount of any private donations made to assist the Fostering Hope program.
(Act 2015-121, §7.)
Fostering Hope scholarship funds shall be applied to tuition and mandatory fees before any other grant, loan, voucher, or scholarship the student may be awarded to attend a public two-year or four-year institution of higher education in the state or publicly funded state training program.
(Act 2015-121, §8.)
Any other provision of this chapter to the contrary notwithstanding, an otherwise eligible person who earns grants, scholarships, or other awards, excluding loans, sufficient to pay his or her tuition, room and board, and other fees at a public two-year or four-year institution of higher education in the state or publicly funded state training program, as governed by rules promulgated by the department, may not participate in the Fostering Hope program.
(Act 2015-121, §9.)
The commissioner of the department may promulgate rules as necessary to implement and administer this chapter.
(Act 2015-121, §10.)
Under the National Child Protection Act of 1993, Public Law 103-209, 42 U.S.C. § 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 those persons who may inflict physical or mental injury or abuse, sexual abuse or exploitation, or maltreatment or other mistreatment upon children, the elderly, or individuals with disabilities. Therefore, it is the intent of the Legislature to provide for the implementation of a system that allows the Department of Human Resources, licensed child placing agencies, and child and adult care facilities to ensure that current licensees, license and volunteer applicants, prospective employees, current employees, and volunteers are suitable for employment, to perform volunteer work, or to hold a license, permit, approval, or certification and have not been convicted of a crime that bears upon their fitness to provide care or have responsibility for the safety or well-being of children, the elderly, or individuals with disabilities as defined in this chapter.
(Act 2000-775, p. 1775, §1.)
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 access to children, adults, or individuals with disabilities as one of the essential functions of the job. The term also includes an applicant for approval as an adoptive parent of a child or as a foster parent of an adult or child. The term also includes any adult working in a child care institution, group home, maternity center, or transitional living facility, as defined in Section 38-7-2.
(4) AUTOMATED SYSTEM. The computerized, automated fingerprint identification system (AFIS) maintained by the Alabama State Law Enforcement Agency that allows for a computer search of the in-state database for criminal history background check information maintained by the Alabama Criminal Justice Information Center (ACJIC). The system contains criminal history background information for fingerprint-based and name-based searches.
(5) CARE. The provision of care, treatment, education, training, instruction, supervision, or recreation to children, adults, or individuals with disabilities.
(6) CARETAKER SETTING. A building, structure, or location, public or private property, or vehicle, utilized for or involved in the providing of care, education, training, instruction, or supervision of children, adults, or individuals with disabilities or transportation in connection with activity provided by a licensed, approved, or certified child or adult care facility.
(7) CHIEF EXECUTIVE OFFICER. The Commissioner of the Department of Human Resources, the director of a county department of human resources, or the head of an employer covered by this chapter, but not specifically enumerated.
(8) CHILD or CHILDREN. An individual under 19 years of age.
(9) CHILD CARE FACILITY. A person or entity holding a Department of Human Resources license, permit, or approval to provide child care, including foster care, under Chapter 7. The term includes exempt child care facilities.
(10) CHILD PLACING AGENCY. A person or entity licensed by the Department of Human Resources under Chapter 7, issuing approvals to foster family homes and adoptive homes.
(11) CONVICTION. A determination of guilt as the result of a plea, including a plea of nolo contendere, or a trial.
(12) CRIMINAL HISTORY BACKGROUND INFORMATION CHECK. The review of any and all records containing any information collected and stored in the criminal record repository of the Federal Bureau of Investigation, the Alabama Criminal Justice Information Center, and the Alabama State Law Enforcement Agency involving an arrest or conviction by a criminal justice agency, including, but not limited to, child abuse crime information as defined by 42 U.S.C. § 5119, the National Child Protection Act of 1993, conviction record information, fingerprint cards, correctional data and release information, and identifiable descriptions and notations of convictions. Criminal history background information shall not include any analytical records or investigative reports that contain intelligence information or criminal investigation information.
(13) CURRENT. An individual who is presently employed, licensed, or approved, or working as a volunteer on November 1, 2000.
(14) DAILY LIVING TASKS. Activities of daily living, including walking, working, learning, grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, transportation, managing money, maintaining a residence, writing, and using telephones, computers, and other automated communication devices.
(15) ELDERLY. An individual 65 years of age or older.
(16) EMPLOYEE. An individual currently in the service of an employer for compensation, full-time or part-time, and employed by contract or at will, in which the employer has the authority to control the person in the material details of how work shall be performed and when compensation shall be provided.
(17) EMPLOYER. An individual, person, group of persons, association, partnership, corporation, limited liability company or partnership, business, or other entity which hires employees, has volunteers, or contracts with others to provide personnel to work with or provide care to children, adults, or individuals with disabilities in a caretaker setting.
(18) ESSENTIAL FUNCTIONS. The fundamental, not merely marginal, job duties of the employment as determined by a written job description or the judgment of the employer.
(19) EXEMPT CARE FACILITY. A person or entity exempt by law from licensure by the Department of Human Resources, including adult care facilities.
(20) INDIVIDUAL. A natural person.
(21) INDIVIDUAL WITH DISABILITIES. A person with a mental or physical impairment who requires assistance to perform one or more daily living tasks.
(22) LAW ENFORCEMENT. The sheriff’s department of a county or the police department of a municipality.
(23) LICENSE. A license, permit, certification, approval, registration, or other form of permission required by law by whatever designation for a child care facility, adult care facility, child placing agency, foster parent or foster home, adoptive parent or adoptive home, or any other person or entity in which an individual has unsupervised access to children, the elderly, or individuals with disabilities.
(24) LICENSED SOCIAL WORKER. A social worker licensed by the Alabama State Board of Social Work Examiners to conduct family home studies and psychosocial assessments in adoptive or custody cases by court order or for treatment not otherwise required to conduct a criminal history check.
(25) LICENSEE. Holder of a license or approval and an adult household member whose residence is in the home in regard to child care and adult care facilities in a home setting.
(26) PERSON or ENTITY. A natural person, sometimes referred to as an individual, an owner or operator of any adult care facility, child care facility, child placing agency, or licensee, whether an individual, corporation, limited liability company or partnership, partnership, association, or other legal entity or group, and a board member, an officer, member, or partner of an entity who has direct contact with children, the elderly, or individuals with disabilities in care.
(27) REASONABLE SUSPICION. Belief by a prudent person that reasonable articulable grounds exist to suspect that the employee’s past or present behavior should be reviewed to determine if such behavior or conduct bears upon the individual’s fitness to teach or supervise or have responsibility for the safety and well-being of children, the elderly, or persons with disabilities as defined in this chapter.
(28) REPORT. A written statement of criminal history background information.
(29) RESIDENCE. 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:
A violent offense as defined in Section 12-25-32.
A sex crime.
A crime that involves the physical or mental injury or maltreatment of a child, the elderly, or an individual with disabilities.
A crime committed against a child.
A crime involving the sale or distribution of a controlled substance.
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. § 671(a)(20) shall disqualify a person from being approved or continuing to be approved as a foster parent or adoptive parent and a convicted person shall be deemed unsuitable for employment, volunteer work, approval, or licensure as a foster parent or adoptive parent.
c. The Department of Human Resources may set other disqualifying convictions by rule under the Administrative Procedure Act, Section 41-22-1, et seq., for Department of Human Resources licensed child or adult care facilities.
(32) SUITABILITY DETERMINATION. A decision that an individual is or is not suitable for employment, volunteer work, or licensure based upon the existence of a prohibited criminal conviction.
(33) UNSUPERVISED ACCESS TO A CHILD OR CHILDREN, THE ELDERLY, OR AN INDIVIDUAL WITH DISABILITIES. Contacts, interviews, questions, examinations, interaction, or communications outside the presence, supervision, and control of someone other than a child or elderly or disabled individual in care during the provision of care, education, training, instruction, supervision, or other employment or license related activities.
(34) VOLUNTEER. An individual who provides services without an express or implied promise of compensation, but shall not include the parent, family member, legal custodian, or legal guardian of a child, the elderly, or disabled individual in care.
(35) WRITTEN CONSENT. A signed statement by the applicant or employee containing all of the following:
a. The name, address, date of birth, race, gender, and Social Security number appearing on a valid identification document as defined in subsection (d) of 18 U.S.C. § 1028. If the applicant does not have a Social Security number because of sincerely held personal beliefs, the Social Security number shall not be required and the Department of Human Resources and the Alabama State Law Enforcement Agency shall provide an alternative means of identification and procedure.
b. Notice to the applicant or employee of the right to obtain a copy of the criminal history background information check report, to challenge the accuracy and completeness of any information contained in the report, and to obtain a prompt determination as to the validity of a challenge.
c. Name, address, and telephone number of the employer or licensing entity for which the criminal history background information check report is being sought.
d. Release of the criminal history background information check report to the Department of Human Resources.
(Act 2000-775, p. 1775, §2; Act 2012-55, p. 92, §1; Act 2015-463, p. 1506, §1; Act 2018-278, §2; Act 2019-322, §1.)
(a) On November 1, 2000, every employer, child care facility, adult care facility, the Department of Human Resources, and child placing agency shall request the Alabama State Law Enforcement Agency to conduct a criminal history background information check for the following:
(1) An employment applicant, employee or volunteer of an employer, child care facility, adult care facility, or child placing agency.
(2) A current foster parent for a child or adult or adult household member of a foster family or applicant and an adult household member of a foster family seeking approval to operate as a foster parent or foster family home for a child placing agency or the Department of Human Resources. Unless otherwise provided in this chapter, no criminal history background information check shall be conducted on a current foster parent or household member of a foster family if a Federal Bureau of Investigation and Alabama State Law Enforcement Agency criminal history background information check has already been conducted under other law that meets the suitability criteria as provided in this chapter. Subsequent arrests or convictions of foster parents, or arrests or convictions entered into the automated system subsequent to the initial report, shall be sent by the Alabama State Law Enforcement Agency to the Department of Human Resources as provided in this chapter.
(3) An applicant or employee, with the exception of those individuals on employed status on November 1, 2000, in a position in the Department of Human Resources which requires unsupervised access to children, the elderly, or individuals with disabilities as one of the essential functions of the job. All current employees of the Department of Human Resources shall be subjected to a criminal history background information check upon reasonable suspicion. Criminal history background information checks shall be required for prospective and current personnel under contract with the Department of Human Resources or working with another entity under contract with the Department of Human Resources, students, mentors, and volunteers in positions requiring unsupervised access to children, the elderly, or persons with disabilities as one of the essential functions of the job. The Department of Human Resources shall pay any fees related to checks required pursuant to this subdivision.
(4) A current licensee or applicant for a license through the Department of Human Resources to operate a child care or adult care facility.
(5) An adoptive parent applicant for a child adoptive placement through the Department of Human Resources or child placing agency and any Department of Human Resources or child placing agency approved adoptive parent prior to entry of a final decree of adoption. Unless otherwise provided in this chapter, no criminal history background information check shall be conducted on a current adoptive parent or household member of an adoptive family if a Federal Bureau of Investigation and Alabama State Law Enforcement Agency criminal history background information check has already been conducted under other law that meets the suitability criteria as provided in this chapter. Subsequent arrests or convictions of adoptive parents, or arrests or convictions entered into the automated system subsequent to the initial report, shall be sent by the Alabama State Law Enforcement Agency to the Department of Human Resources as elsewhere provided in this chapter.
(b) An employer, child care facility, adult care facility, the Department of Human Resources, or a child placing agency may only request a criminal history background information check by its chief executive officer, or his or her designee authorized in writing and notarized, and law enforcement shall render assistance, including assistance in obtaining fingerprints required for submission of a request to the Alabama State Law Enforcement Agency.
(c) Every employee, volunteer or applicant, for employment or a volunteer position, licensee, Department of Human Resources adoptive parent applicant or approved adoptive parent, or applicant for a license to the Department of Human Resources to operate a child care or adult care facility shall submit two sets of fingerprints and sign a written consent to obtain the criminal history background information. Fingerprints shall not be required when a disability prevents a person from being fingerprinted. Disabilities preventing fingerprinting include the loss of both hands, severe scarring of all fingers, closed paralytic hands, and similar disabilities. In cases involving disability, a written consent to obtain available criminal history background information by name only shall be obtained. No one who fails or refuses to give written consent or submit fingerprints necessary to obtain criminal history background information may be employed, allowed to perform volunteer or other work, approved or issued a license, or allowed to retain a license or approval by the Department of Human Resources, an employer, child care facility, adult care facility, or child placing agency.
(d) Adult care facilities exempt from Department of Human Resources licensing shall not be required to comply with this chapter, but may voluntarily collect and forward two complete acceptable sets of fingerprints, the written consent, and nonrefundable fee from applicants to the Alabama State Law Enforcement Agency to request a criminal history background information check which shall be processed pursuant to this chapter. Licensed social workers conducting home studies may also request a criminal history background check which shall be processed pursuant to this chapter. The Department of Human Resources shall, prior to the disbursement of any subsidized child care funds, require all employees and applicants of legally operating child care facilities to submit verification of the application for a criminal history background check and the results thereof when obtained. Upon reasonable suspicion that the individual has a criminal conviction or has not had a criminal history background check conducted, the Department of Human Resources shall have the right to require employees of child care or adult care facilities to submit each application for a criminal history background check and the results thereof when obtained.
(Act 2000-775, p. 1775, §3; Act 2012-55, p. 92, §1; Act 2018-278, §2.)
(a) Every employer, child care facility, adult care facility, the Department of Human Resources, and child placing agency required to obtain a criminal history background information check pursuant to this chapter shall obtain, prior to or upon the date of employment, or issuance of a license or approval or renewal thereof, and maintain in the agency or personnel file, a request with written consent for the criminal history background information check and a statement signed by the applicant, volunteer, or employee indicating whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions. The statement shall include a notice and questionnaire the same as or similar to the following:
(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history background information check be conducted on all persons who hold a license or work in a Department of Human Resources licensed child care or adult care facility, a foster or adoptive home approved by the Department of Human Resources, or a licensed child placing agency, including all officers and agents of the entity. You are required to provide full, complete, and accurate information on your criminal conviction history upon application for a license or employment. This information shall be used to determine your suitability to provide care to children, the elderly, or disabled individuals. Unless a criminal history background information check report and suitability determination have previously been obtained, you must complete a written request and consent for a criminal history background information check with fingerprints at the time of application for employment. Refusal to complete these documents or providing false information may result in refusal of employment, approval, or licensure. The term conviction includes a determination of guilt by a trial, by a plea of guilty, or a plea of nolo contendere. You are required to notify your employer, licensing agency, or entity where you are performing volunteer work of any criminal conviction occurring subsequent to the date of completion of this notice. Any individual determined to have submitted false information may be referred to the district attorney or law enforcement for investigation and possible prosecution. An individual who intentionally falsifies or provides any misleading information on the statement is guilty of a Class A misdemeanor, punishable by a fine of not more than two thousand dollars ($2,000) and imprisonment for not more than one year.
(2) Convictions for any of the following crimes shall make an individual unsuitable for employment, volunteer work, approval, or licensure:
“a. A violent offense as defined in Section 12-25-32.
“b. A sex crime as defined in Section 15-20A-5.
“c. A crime that involves the physical or mental injury or maltreatment of a child, the elderly, or an individual with disabilities.
“d. A crime committed against a child as defined in Section 38-13-2.
“e. A crime involving the sale or distribution of a controlled substance.
“f. A crime or offense committed in another state or under federal law which would constitute any of the above crimes in this state.
“g. Conviction for a crime listed in the federal Adoption and Safe Families Act, pursuant to 42 U.S.C. Section 671(a)(20), shall disqualify a person from being approved or continuing to be approved as a foster parent or adoptive parent and a convicted person shall be deemed unsuitable for employment, volunteer work, approval, or licensure as a foster parent or adoptive parent.
“h. The Department of Human Resources may set other disqualifying convictions by rule under the Administrative Procedure Act, Section 41-22-1, et seq., for Department of Human Resources licensed child or adult care facilities.
”(3) CRIMINAL HISTORY STATEMENT
“Have you ever had a suitability determination made by the Department of Human Resources in connection with a previous criminal history information background check? Yes () No ().
“Have you ever been convicted of a crime? Yes () No (). If yes, state the date, crime, location, punishment imposed, and whether the victim was a child or an elderly or disabled individual.
” ____________________________
” ____________________________
“Date __________ Signature __________________.”
(b) An individual who fails or refuses to provide a statement shall not be employed, allowed to work or volunteer, or issued a license or approval as defined in this chapter. Upon receipt of a signed criminal history statement which does not indicate conviction for a crime prohibiting employment under the suitability criteria, an employer, including the Department of Human Resources, may employ an applicant or allow a volunteer or contract provider to work provisionally pending receipt of a suitability determination from the Department of Human Resources.
(c) No later than the five business days after employment or a reasonable time after completion of application for a license or approval, an employer, the Department of Human Resources, or child placing agency shall mail or deliver a request for a criminal history background information check to the Alabama State Law Enforcement Agency accompanied by all of the following:
(1) Two complete sets of fingerprints, properly executed by a law enforcement agency or an individual properly trained in fingerprinting techniques.
(2) Written consent from the applicant, employee, or volunteer for the release of the criminal history background information to the Department of Human Resources.
(3) The fee.
(d) Upon receipt of a suitability determination from the Department of Human Resources that a person or entity is suitable for employment, volunteer work, licensure, or approval based on the criminal history background information check, an employer, a child care facility, adult care facility, a child placing agency, or the Department of Human Resources may make its own determination of employment, licensure, or approval. This chapter shall not create any right to employment, work, approval, or licensure. Upon receipt of a determination from the Department of Human Resources that an individual is unsuitable for employment, licensure, approval, or volunteer work, an employer, the child care facility, adult care facility, child placing agency, or Department of Human Resources shall terminate the individual from employment or volunteer work or shall not employ or use the individual. Termination of employment may be delayed by the employer to allow the individual to challenge either the accuracy or completeness of the criminal history information background report or the suitability determination made by the Department of Human Resources. The Department of Human Resources or child placing agency shall suspend or revoke a license or approval or deny a license or approval application to an individual receiving an unsuitability determination. As an alternative to termination of employment, the Department of Human Resources may transfer a permanent Merit System employee to an available position for which the employee is qualified where unsupervised access to children, the elderly, or persons with disabilities shall not be an essential function of the job.
(e) If a review of a criminal history background information check or other information received reveals that the person has submitted false information, the employer, child care facility, adult care facility, child placing agency, or Department of Human Resources may terminate the employee or volunteer. The Department of Human Resources or child placing agency may revoke the approval or license of a person or entity when the person or entity submits false information in a review of criminal history background information check or other information. The Department of Human Resources shall be notified of the false information and may refer the case to an appropriate law enforcement agency or district attorney for investigation and prosecution.
(f) Unless otherwise provided in this chapter, only one criminal history background information check shall be required on an individual regardless of subsequent changes in employment or licensing or approval status. Subsequent criminal history background information checks may be conducted by the employer or licensing or approval entity. The licensing or approval entity shall pay the cost for subsequent criminal history background information checks. If the statement signed by the applicant or employee states that a criminal history background information check has been performed and suitability determination issued on the individual pursuant to this chapter, the employer or licensing agency may request at the time of application only a suitability determination from the Department of Human Resources on the check previously performed, within five business days of employment, or completion of license or approval application, submitting the same kind of information and consent for the request for suitability determination as required by the written consent for a criminal history background information check.
(Act 2000-775, p. 1775, §4; Act 2012-55, p. 92, §1; Act 2015-463, p. 1506, §1; Act 2019-322, §1.)
(a) An applicant, licensee, volunteer, or employee, upon request, shall submit the following items:
(1) Two functional, acceptable fingerprint cards, bearing the fingerprints of the individual, properly executed by a law enforcement agency or individual properly trained in fingerprinting techniques.
(2) Written consent authorizing the release of any criminal history background information to the Department of Human Resources.
(3) A written statement signed by the applicant, volunteer, or employee indicating whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions. The statement shall include a notice and questionnaire in the form required in subsection (a) of Section 38-13-4.
(4) The fee of an applicant.
(b) An applicant, licensee, volunteer, or employee shall notify the prospective or current employer, licensing agency, or entity for whom volunteer work is being performed of any criminal convictions occurring subsequent to the date of completion of the notice in Section 38-13-4.
(Act 2000-775, p. 1775, §5.)
(a) A nonrefundable fee to be paid for the criminal history background information check shall conform to the guidelines promulgated pursuant to 42 U.S.C. § 5119, the National Child Protection Act of 1993, and state law.
(b) The Department of Public Safety may charge a fee in the amount prescribed in Section 32-2-61, of Title 32, for the cost of processing the request. The Department of Public Safety shall charge no larger fee for requests than charged for requests received from those entities. The fee charged for criminal history background information checks shall not exceed the statutory and regulatory amounts set under existing guidelines and no additional administrative fees, except for the cost of mailings, shall be charged which would increase the cost of the criminal history background information check.
(c) An applicant for employment shall be responsible for the cost of the criminal history background information check. An applicant shall not be required to pay the fee until the prospective employing entity is prepared to consider the applicant and request a criminal history background information check. The chief executive officer of the prospective employing entity may pay the fee of an applicant.
(d) For any volunteer or applicant for a volunteer position, the fee for the criminal history background information check may be paid by the volunteer or by the entity requesting volunteer work.
(e) An applicant for a license or approval shall pay the fee for the criminal history background information check at the time the application for the license is submitted; except as provided herein, the Department of Human Resources may pay the fee for adult and child foster care applicants and child adoption applicants.
(f) For an employing entity that requests a criminal history background information check on a current employee, the employing entity shall pay the fee for the criminal history background information check. The employee may be required to pay the fee or a portion thereof provided there shall be no violation of federal minimum wage requirements.
(g) A fee paid for which a criminal history background information check is not performed shall be refunded to the applicant, the individual, or the entity requesting the criminal history background information check.
(Act 2000-775, p. 1775, §6.)
(a) Criminal history background information checks shall be performed by the Department of Public Safety upon request by an employer, child care facility, adult care facility, or child placing agency authorized to make a request, or the Department of Human Resources. The Department of Public Safety shall provide a criminal history background check within a reasonable time of the receipt of the request. National criminal history background checks shall be requested by the Department of Public Safety from the Federal Bureau of Investigation within a reasonable time of the request. The Department of Public Safety, upon receipt of the criminal history background report from the Federal Bureau of Investigation, shall forward the report to the Department of Human Resources within a reasonable period.
(b) Criminal history background information reports shall be sent from the Department of Public Safety to the Department of Human Resources, directly or through its designated agent, within a reasonable time from the receipt of the report from the Federal Bureau of Investigation. A copy of a criminal history report from the Department of Public Safety and the Federal Bureau of Investigation that contains potentially disqualifying crimes or disqualifying crimes shall be sent by the Department of Human Resources to the applicant or employee by certified mail . The Department of Human Resources shall review the criminal history record information report and other information received and determine whether the applicant, employee, or volunteer meets the suitability criteria for employment or licensure based on the criminal history background information check. The Department of Human Resources shall issue a written suitability determination to the applicant or employee and to the licensing entity or chief executive officer of the child care facility or adult care facility requesting the criminal history background information check. The Department of Public Safety shall notify the Department of Human Resources of arrests or convictions entered into the automated system subsequent to the initial report, for a crime committed by an individual for whom a criminal history background information report has been previously requested, regardless of the existence, or lack thereof, of a criminal history at the time of submission for a criminal history background information check pursuant to this chapter. The Alabama Criminal Justice Information Center shall notify the Department of Public Safety which shall notify the Department of Human Resources of the arrest or conviction information for applicants that receive name-based criminal history background information checks. The Department of Human Resources shall include the arrests or convictions in an amended or subsequent suitability determination.
(c) A person may contest the accuracy or completeness of the Alabama criminal history background information check pertaining to him or her with the Department of Public Safety according to procedures established by that agency. The person or his or her legal counsel may review at the Department of Human Resources a copy of the Alabama criminal history background information report from the Department of Public Safety. If, upon review by the Department of Public Safety, the information is determined to be incorrect or incomplete, the information shall be corrected appropriately, and the Department of Human Resources shall be provided with the corrected information.
(d) The Department of Human Resources shall issue a suitability determination and maintain a confidential file on individuals for whom a criminal history background information report or report updates have been received. The Department of Human Resources may issue a suitability determination based upon the criminal history report on file without the requirement of a new criminal history background information check. If no report or if only an incomplete criminal history report can be located in the files of the Department of Human Resources, the individual shall be required to submit to a new criminal history background information check.
(e) Within 30 days of the date of notification, an individual determined to be unsuitable for approval, licensure, employment, or volunteer work by the Department of Human Resources based upon a disqualifying conviction may request in writing reversal of the determination of unsuitability if the conviction is not for a sex crime or a crime committed against a child, an elderly individual, or an individual with disabilities. An individual with a conviction excluded by federal law from being approved as a foster or adoptive parent, as any other child care or adult care provider, or volunteer may not be considered for reinstatement.
(f) Notwithstanding subsection (e), the following shall apply to requests for reversal of the determination of unsuitability:
In the case of a felony conviction, 10 years shall have lapsed since the sentence was served or the probation or parole ended, whichever is later, with no subsequent conviction. In the case of a misdemeanor conviction, five years shall have lapsed since the sentence was served, or the probation or parole ended, whichever is later, with no subsequent conviction. In addition to the foregoing, the individual shall affirmatively demonstrate to the Department of Human Resources successful rehabilitation by clear and convincing evidence. In determining whether an individual has affirmatively demonstrated successful rehabilitation, all of the following shall be considered:
(1) Nature and responsibility of the position which the convicted person would hold or has held.
(2) Nature and seriousness of the offense committed.
(3) Circumstances under which the offense occurred.
(4) Date of the offense.
(5) Age of the person when the offense was committed.
(6) Whether the offense was an isolated or repeated incident.
(7) Social conditions which may have contributed to the offense.
(8) An available probation or parole record, report, or recommendation.
(9) Evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful business or employment history, and the recommendation of his or her supervisors.
(g) The Department of Human Resources and the Department of Public Safety may adopt rules and regulations to implement the procedures and requirements of this chapter pursuant to the Administrative Procedure Act, Section 41-22-1, et seq.
(Act 2000-775, p. 1775, §7; Act 2012-55, p. 92, §1.)
(a) All reports of criminal history background information received by the Department of Human Resources from the Department of Public Safety shall be confidential and marked confidential with no further disclosure and shall not be made available for public inspection.
(b) All criminal history background information reports shall be excluded from any requirement of public disclosure as a public record.
(c) Without additional public disclosure, the following release of the criminal history background information report shall not be construed to violate this section:
(1) Showing the report to the applicant or current employee.
(2) Release of the report to a court of competent jurisdiction in the event of litigation brought by the applicant or employee.
(3) Release of the report to a court of competent jurisdiction upon a finding that the information is material to the issues of the case before the court.
(4) Use of the report in preparation, investigation, and presentation during a criminal prosecution, or in any administrative proceeding involving the challenge to a suitability determination, or revocation of a license or denial of an application for a license by the Department of Human Resources.
(5) Release to anyone with the written consent of the employee or volunteer.
(d) A person having access to criminal history background information reports and releasing the reports pursuant to this chapter shall be required to maintain a register consistent with the National Child Protection Act of 1993, Public Law 103-209, 42 U.S.C. §5119, et seq.
(e) Nothing in this chapter shall be construed to prohibit the distribution of employment or licensing status information to an interested party.
(Act 2000-775, p. 1775, §8.)
(a) A person convicted of the following actions under this chapter shall be guilty of a Class A misdemeanor:
(1) Violating the confidentiality of records.
(2) Violating lawfully adopted policies pursuant to this chapter.
(3) Knowingly, willfully, and intentionally making or transmitting a false or misleading report or information concerning past convictions as required under this chapter.
(4) Knowingly, willfully, and intentionally failing to report subsequent convictions as required by this chapter.
(b) A person who knowingly submits false information concerning past convictions on an application for employment or other form required for disclosure of criminal convictions may be subject to loss of employment and to the loss of any license issued by the Department of Human Resources or child placing agency.
(Act 2000-775, p. 1775, §9.)
Nothing in this chapter is intended to create or establish new causes of action in any court. Nothing in this chapter shall be construed as a waiver of any sovereign or qualified immunity.
(Act 2000-775, p. 1775, §10.)
All fees received by the Department of Public Safety for criminal history background information checks conducted pursuant to this chapter shall be deposited to the Public Safety Automated Fingerprint Identification System Fund, to be appropriated to and expended by the Department of Public Safety in accordance with Section 32-2-61.
(Act 2000-775, p. 1775, §11.)
This chapter is supplementary and shall be construed in pari materia with other laws; provided, however, that to the extent that this chapter specifically conflicts with other laws pertaining to criminal history background information checks, this law shall take precedence. Nothing contained in this chapter shall be construed to diminish, reduce, or conflict with the authority of the Department of Human Resources to interpret and apply appropriate federal and state laws governing that agency and its programs.
(Act 2000-775, p. 1775, §13.)
As used in this chapter, the following terms shall have the following meanings:
(1) DEPARTMENT. The Department of Human Resources.
(2) ELIGIBLE INDIVIDUAL or FAMILY MEMBER. A person whose household income is equal to or less than 80 percent of the median household income for the state or less than 200 percent of the federal poverty guidelines, whichever is greater.
(3) EMERGENCY. Payments for necessary medical expenses of the account owner or family member, expenses to avoid the eviction of the account owner from the account owner’s primary residence, and for necessary living expenses following a loss of income
(4) FIDUCIARY ORGANIZATION. Any nonprofit, fund-raising organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, as amended; any certified community development financial institution; any credit union chartered under federal or state law; or any Indian tribe as defined in Section 4(12) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. §4103(12)), and includes any tribal subsidiary, subdivision, or wholly owned tribal entity.
(5) FINANCIAL INSTITUTION. A federally insured bank, trust company, savings bank, building and loan association, savings and loan company or association, or credit union authorized to do business in this state.
(6) INDIVIDUAL DEVELOPMENT ACCOUNT. An account established for an eligible individual or family member as part of a qualified individual development account program with the following requirements:
a. The sole owner of the account is the individual or family member for whom the account was created.
b. The holder of the account is a qualified financial institution.
c. The assets of the account may not be commingled with other property except in a common trust fund or common investment fund.
d. Any amount in the account shall be paid out only for the qualified purposes of the account owner, except if it meets the qualifications of an emergency use.
(7) PARALLEL ACCOUNT. A separate parallel account for all matching funds and earnings dedicated to individual development account owners, the sole holder of which is a qualified financial institution, a qualified fiduciary organization, or an Indian tribe.
(8) QUALIFIED PURPOSES. The use of the account owner’s accumulated savings and matching funds for any of the following purposes:
a. Securing postsecondary education, including, but not limited to, community college courses, courses at a four-year college or university, or postcollege, graduate courses for the account owner or any member of the account owner’s family.
b. Securing postsecondary occupational training, including, but not limited to, vocational or trade school training for the account owner or any training authorized under the Workforce Investment Act through the Department of Economic and Community Affairs.
c. Purchasing a home for the first time, defined as not being named on a legally registered home ownership title for a minimum of 36 months.
d. Costs for major repairs or improvement to a primary residence.
e. Business capitalization.
f. Purchasing of an automobile necessary to transport the account owner or family member to a place of employment or education.
g. Assistive technology for people with disabilities.
h. Any other activity based on a plan approved by the department.
(Act 2011-641, p. 1626, §1.)
A person who is eligible to become an individual development account owner may enter into an agreement developed with a fiduciary organization for the establishment of an individual development account. The agreement shall provide for the amount of the savings deposits, the match fund rate, the asset goal, and the financial literacy classes to be completed, any additional training specific to the asset, and financial counseling the individual will attend, as well as other services designed to increase the independence of the person through the achievement of the account’s approved purpose.
(Act 2011-641, p. 1626, §2.)
Once the account owner has saved for a minimum of six months, has reached his or her savings goal, and has fulfilled all financial literacy education components in accordance with federal guidelines, the appropriate matching funds shall be transferred from the parallel account directly to the vendor or service provider of the approved asset.
(Act 2011-641, p. 1626, §3.)
(a) If an emergency occurs, an account owner may withdraw all or part of the account owner’s deposits to an individual development account with the approval of the fiduciary organization.
(b) The account owner shall reimburse his or her individual development account for the amount withdrawn under this section within 12 months after the date of the withdrawal. Failure of the account owner to make a timely reimbursement to the account will remove the account owner from the Individual Development Account Program. Until the reimbursement has been made in full, an account owner may not withdraw any matching funds or accrued interest on matching funds from the account.
(c) If an account owner withdraws money from an individual development account for other than a qualified purpose, the fiduciary organization shall remove the account owner from the program.
(Act 2011-641, p. 1626, §4.)
Before becoming eligible to receive matching funds to pay for qualified purposes, individual development account owners shall complete a financial literacy education course offered by a qualified financial institution, a qualified fiduciary organization, an Indian tribe, or a governmental entity in accordance with federal guidelines.
(Act 2011-641, p. 1626, §5.)
(a) Deposits to individual development accounts made by the account owner shall come from earned income, including, but not limited to, wages, earned income tax credit returns, child support payments, supplemental security income (SSI), disability benefits, community service under TANF, AmeriCorps stipends, VISTA stipends, and job training programs.
(b) Eligible individuals shall certify that their deposits do not exceed their income. A cap on deposits made by the account owner is set at two thousand dollars ($2,000).
(Act 2011-641, p. 1626, §6.)
Money deposited into individual development accounts shall not be included in gross income for income tax purposes. Any amount withdrawn from a parallel account, matching funds, may not be includable in an eligible individual’s gross income. Money withdrawn from an individual development account shall only be included in gross income if used for a purpose other than a qualified purpose.
(Act 2011-641, p. 1626, §7.)
The department shall select fiduciary organizations through competitive processes. In making the selections, the department may consider factors including, but not limited to, the following:
(1) The ability of the fiduciary organization to implement and administer the individual development account program, including the ability to verify account owner eligibility, certify that matching funds are used only for qualified purposes, and exercise general fiscal accountability.
(2) The capacity of the fiduciary organization to provide or raise matching funds for the deposits of account owners.
(3) The capacity of the fiduciary organization to provide, or to arrange for the provisions of, financial counseling, financial literacy education and training specific to the assets the account owners will be purchasing, and other related services to account owners.
(4) The links the fiduciary organization has to other activities and programs designed to increase the independence of this state’s low-income households and individuals through education and training, home ownership, small business capitalization, and other asset-building programs.
(5) The feasibility of the fiduciary organization’s program design, including match rates and savings goals, to lead to asset purchase.
(Act 2011-641, p. 1626, §8.)
(a) Subject to rules promulgated by the department, a fiduciary organization has sole authority over, and responsibility for, the administration of individual development accounts. The responsibility of the fiduciary organization extends to all aspects of the account program, including marketing to all eligible individuals and families, soliciting matching funds, counseling account owners, providing financial literacy education, and conducting required verification and compliance activities. The fiduciary organization may establish program provisions as the organization believes necessary to ensure account owner compliance with this chapter.
(b) A fiduciary organization may act in partnership with other entities, including businesses, government agencies, corporations, nonprofit organizations, community action programs, community development corporations, housing authorities and faith-based entities, to assist in the fulfillment of its responsibilities under this chapter.
(c) A fiduciary organization may use a reasonable portion of money allocated by the Legislature to the Individual Development Account Program for administration, operation and research, and evaluation purposes. A fiduciary organization may not expend more than 15 percent of allocated funds for those purposes.
(d) A fiduciary organization selected by the department to administer funds allocated by the State of Alabama for Individual Development Account purposes shall provide the department an annual report based on regularly collected data of the fiduciary organization’s Individual Development Account Program activity. The report shall be filed not later than 90 days after the end of the fiscal year. The report shall include, but is not limited to, the following:
(1) The number of individual development accounts administered by the fiduciary organization.
(2) The amount of deposits and matching funds for each account.
(3) The asset purchase goal of each account.
(4) The number of withdrawals made.
(5) Any other information the department may require for the purpose of determining whether the Individual Development Account Program is achieving the purposes for which it was established.
(e) The department shall make all reasonable and necessary rules to ensure the fiduciary organization’s compliance with this chapter.
(f) Financial institutions holding individual development accounts, at a minimum, shall:
(1) Keep the account in the name of the account owner.
(2) Permit deposits to be made in the account.
(3) Require the account to earn a market rate of interest.
(4) Maintain the individual development accounts as fee free.
(5) Permit the account owner, after obtaining the written authorization of the fiduciary organization, to withdraw money from the account for any qualified purpose.
(Act 2011-641, p. 1626, §9.)
(a) An account owner’s savings and matching funds shall not affect his or her eligibility for any means-tested public benefits, including, but not limited to, Medicaid, state children’s health insurance programs, TANF, Supplemental Nutrition Assistance Program, supplemental security income, or government-subsidized foster care and adoption payments, and child care or housing payments.
(b) Funds deposited in individual development accounts shall not be counted as income, assets, or resources of the account owner for the purpose of determining financial eligibility for assistance or service pursuant to any federal, federally assisted, state, or municipal program based on need.
(Act 2011-641, p. 1626, §10.)
The department shall not be obligated to fund individual development parallel accounts or be obligated to enter into contracts with fiduciary organizations unless the Legislature appropriates funding to the department for the establishment of an Individual Development Account Program, nor shall the department be obligated to spend funds on an Individual Development Account Program above the amount appropriated by the Legislature for such a program.
(Act 2011-641, p. 1626, §11.)
This chapter shall be known and may be cited as the Alabama Youth Residential Facility Abuse Prevention Act.
(Act 2017-374, §1.)
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 previously been exempt, and that criminal penalties be imposed on any individual guilty of the abuse or neglect of a child through an act or omission in association with services provided by such an institution. The Legislature further finds and declares the following:
(1) For several years, religious, faith-based, and church nonprofit, other nonprofit, and for profit residential affiliated facilities, institutions, and programs intended to be a less restrictive option for treatment of children and youth with substantial behavioral issues have been established nationwide, with numerous allegations of abuse and neglect, some resulting in death.
(2) There are currently religious, faith-based, or church nonprofit, other nonprofit, and for profit affiliated youth residential facilities, institutions, and programs operating in Alabama that are exempt from registration and regulation by the State Department of Human Resources.
(3) These facilities, institutions, and programs are owned and operated by for profit, or nonprofit organizations defined in Section 501(c)(3) of the Internal Revenue Code.
(4) These facilities, institutions, and programs advertise, both in state and out of state, that they provide services for youth with behavioral or other issues to individuals who may feel they have no other option.
(5) Victims of abuse and neglect of these organizations nationwide have formed organizations to expose the trauma, abuse, and neglect they experienced while residents at or in these institutions, facilities, and programs.
(6) Students and youth subject to enrollment or attendance of these facilities have experienced a host of other problems associated with the trauma, abuse, and neglect experienced at these institutions, facilities, and programs.
(7) There is a lack of accountability regarding the existence and status of children that are enrolled in or housed at these institutions and facilities being residents of both this state and other states.
(8) The states reserve the power to establish and enforce laws protecting the welfare, safety, and health of the public.
(9) It is the duty of the Legislature to ensure proper licensing and regulation of residential facilities for the protection and care of all citizens.
(10) It is the intent of the Legislature that the state require registration of religious, faith-based, or church nonprofit, other nonprofit, and for profit residential institutions, alternative boarding schools, and outdoor programs that house or contain children or youth for a period over 24 hours to provide counseling, therapeutic, disciplinary, or educational services when long-term on site residency of children is required.
(Act 2017-374, §2.)
For the purposes of this chapter, the following terms shall have the following meanings:
(1) CHILD. A person under the age of 18 years.
(2) COMMUNITY TREATMENT FACILITY FOR YOUTHS. A religious, faith-based, or church nonprofit, other nonprofit, or for profit youth residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment.
(3) DEPARTMENT. The State Department of Human Resources.
(4) DIRECTOR. The Director of the State Department of Human Resources.
(5) LONG TERM YOUTH RESIDENTIAL FACILITY. A religious, faith-based, or church nonprofit, other nonprofit, or for profit long term residential facility, group care facility, or similar facility as determined by the director, providing 24-hour nonmedical care of youth in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the child and others and that has the capacity to provide secure containment.
(6) PRIVATE ALTERNATIVE BOARDING SCHOOL. A religious, faith-based, or church nonprofit, other nonprofit, or for profit group home that provides children with 24-hour residential care and supervision, which, in addition to providing educational services, provides, or holds itself out as providing, behavioral-based services to youth with social, emotional, or behavioral issues and that has the capacity to provide secure containment.
(7) PRIVATE ALTERNATIVE OUTDOOR PROGRAM. A religious, faith-based, or church nonprofit, other nonprofit, or for profit group home or residential facility that provides children with 24-hour residential care and supervision, which provides, or holds itself out as providing, behavioral-based services in an outdoor living setting to children with social or behavioral issues and that has the capacity to provide secure containment or prohibits children from freely leaving the area of operations for the program.
(8) RESTRICTIVE BEHAVIOR PRACTICES. Any institutional practice or procedure that involves assisting a child in gaining control of his or her behavior, protects a child from self-harm, protects other children or staff members, or prevents the destruction of property.
(9) YOUTH SOCIAL REHABILITATION FACILITY. A religious, faith-based, or church nonprofit, other nonprofit, or for profit residential facility that provides 24-hour nonmedical social rehabilitation services in a group setting to children recovering from mental illness or substance abuse who are in need of temporary assistance, guidance, or counseling and that has the capacity to provide secure containment.
(10) YOUTH TRANSITIONAL CARE FACILITY. A religious, faith-based, or church nonprofit, other nonprofit, or for profit group care facility that provides 24-hour nonmedical care of children in need of professional services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual or others and that have the capacity to provide secure containment.
(Act 2017-374, §3.)
(a) Commencing on January 1, 2018, the department shall register any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated youth residential facility, youth social rehabilitation facility, community treatment facility 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, whenever children are housed at the facility or location of the program for a period of more than 24 hours. At a minimum, registered youth residential institution or organization under this section shall do all of the following:
(1) Be owned and operated on a for profit or nonprofit basis.
(2) Prepare and maintain a current, written plan of operation, as defined by the department.
(3) Offer 24-hour, nonmedical care and supervision to youth who are voluntarily admitted by a parent or legal guardian, or referred by a court.
(4) Admit only children 12 years of age or older.
(5) Provide written notification on a standard form to the department or local county Department of Human Resources office where the facility is located within 48 hours of the arrival, enrollment, or admittance of any child to the institution, facility, or program as directed by the department.
(6) Have a ratio of one staff person to every four youths.
(7) Provide each prospective youth and his or her parent or legal guardian with an accurate written description of the programs and services to be provided while the child is a resident at the facility. If it advertises or promotes special care, programs, or environments for persons with behavioral, emotional, substance abuse, or social challenges, the written description shall include how its programs and services are intended to achieve the advertised or promoted claims.
(8) Ensure that all individuals providing mental health or behavioral-based services to youth at the facility are licensed or certified by the appropriate agency, department, or accrediting body, as specified by the department through agency rules.
(9) Prepare and implement a comprehensive health plan to ensure that each medical, dental, mental health, and other health needs of the child are met adequately and promptly.
(10) Explain its disciplinary practices individually with each child at the time the child is placed or enrolled in the institution, facility, or program.
(11) Obtain written consent for the use of any restrictive behavior management practice from the parents or legal guardian of the child.
(12) Not use secure containment or manual or mechanical restraints.
(13) Not allow the performance of any acts, tactics, techniques, or procedures for purposes of abusing, humiliating, degrading, isolating, or ostracizing a child from other children located or housed at the institution, facility, or program by any staff member or child.
(14) Not utilize restrictive behavior management practices as a means of punishment, for the convenience of staff members, or as a substitute for a treatment program.
(15) Ensure that each child is provided with three nutritious meals daily, either at the institution, facility, program operations site itself, or in the community.
(16) Select, store, prepare, and serve food in a sanitary and palatable manner.
(17) Ensure that every child is afforded the opportunity to participate freely in religious activities and or services in accordance with his or her own faith or with that of his or her parents.
(18) Maintain a bond or liability insurance of no less than five hundred thousand dollars ($500,000) per incident and show proof of the current status of the policy or bond prior to registration by the department.
(19) Include its facility, institution, or program registration number in all advertisements.
(20) Require that all employees of the facility or program undergo a child abuse and neglect clearance and a criminal background check prior to the approval of the registration of the facility or program and require that all employees obtain a criminal background check and child abuse and neglect clearance annually thereafter.
(21) Ensure that prior to employment, residence, or initial presence in the facility, institution, or with the program, all employees undergo a criminal background check.
(22) Maintain a smoke free environment in all buildings on the facility, institution, or program premises and in all vehicles used to transport children.
(23) Obtain a fire safety clearance approved by the local fire authority.
(24) If it offers access to, or holds itself out as offering access to, mental health services, ensure that those services are provided by a licensed mental health provider.
(25) If it advertises or includes in its marketing materials reference to providing alcohol or substance abuse treatment, ensure that the treatment is provided by a licensed or certified alcoholism or drug abuse recovery or treatment facility.
(26) Not admit a child who has been assessed by a licensed mental health professional as seriously emotionally disturbed, unless the child does not require care in a licensed health facility and the State Department of Mental Health has certified that the facility houses a program that meets the standards to provide mental health treatment services for a child having a serious emotional disturbance, as defined in Rule 290-8-9 of the Alabama Administrative Code.
(27) Immediately provide a written report on a standard form to the department and law enforcement agency of all fatalities and accidents requiring hospitalization or medical care by a physician occurring at the facility, institution, or program.
(28) Prohibit any staff member or child to possess any firearms, harmful chemicals, or other weapons within or on the grounds of the institution, facility, or program.
(b) Submit a staff training plan to the department as part of its plan of operation. In addition to the training required of facility, institutional, or program staff, the staff training plan shall include, but not be limited to, training in all of the following subject areas:
(1) Children’s rights, as described in subsection (c).
(2) Physical and psycho-social needs of youth.
(3) Appropriate responses to emergencies, including an emergency intervention plan.
(4) Laws and regulations pertaining to residential care and housing facilities for children.
(c)(1) Any child that is enrolled in or a resident of a religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated youth residential facility, youth social rehabilitation facility, community treatment facility 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 them, except as otherwise authorized or required by law.
f. To care, supervision, and services that meet his or her individual needs and that are delivered by staff who are sufficient in numbers, qualifications, and competency to meet his or her needs and ensure his or her safety.
g. To be served food and beverages of the quality and in the quantity necessary to meet his or her nutritional and physical needs.
h.1. To present grievances and recommend changes in policies, procedures, and services to the facility’s staff, management, and governing authority, or any other person without the possibility of restraint, coercion, discrimination, reprisal, threat, or other retaliatory actions.
i. To be able to contact parents or legal guardians, including visits and scheduled and unscheduled private telephone conversations, written correspondence, and electronic communications, unless prohibited by court order.
j. To be fully informed, as evidenced by the youth’s written acknowledgment, prior to, or at the time of, arrival or admission to the facility, institution, or program, of the rules governing the youth’s rights, conduct, and responsibilities.
k. To receive in the admission agreement information that details the planned programs and services for the youth.
l. To have his or her parents or legal guardians remove him or her from the facility at any time unless prevented from doing so by a court order.
m. To consent to have visitors or telephone calls during reasonable hours, privately and without prior notice, if the visitors or telephone calls do not disrupt planned activities and are not prohibited by court order or by the youth’s parent or legal guardian.
n. To be free of corporal punishment, excessive medication, physical restraints of any kind, and deprivation of basic necessities, unnecessary seclusion including education, as a punishment, deterrent, or incentive.
o. To be afforded the opportunity to enroll in, make progress toward, and complete a program leading to a General Education Development Certificate or other high school diploma equivalent upon being housed or located at the facility, institution, or program for a period of more than 30 days.
p. To have fair and equal access to all available services, placement, care, treatment, and benefits and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, mental or physical disability, or physical condition.
q. To be free from abusive, humiliating, degrading, or traumatizing actions.
r. To be free to attend religious services of their choice.
s. Any other rights the department adopts by rule; however, the department is not responsible or liable for violation of the above rights, including acts or omissions by facility employees.
(2) This section shall not apply to any facility administered, operated, licensed, or certified by the State Department of Education, Department of Corrections, Department of Youth Services, the Military Department, state recognized military academies, institutes, or boot camps, the Alabama School of Mathematics and Science, Alabama School of Fine Arts, any state school for the deaf or blind, or any other governmental entity or to a school that does not require residency as requirement for services provided. This section further shall not apply to outdoor activities for youth designed to be primarily recreational or for entertainment, including, but not limited to, any camp inspected and permitted by the Alabama Department of Public Health, activities organized by Boy Scouts, Girl Scouts, Camp Fire, or other similar church sponsored organizations, or any camp exclusively serving children with a medical diagnosis for a physical condition or illness, or any runaway or homeless shelter, or any similar place that supplies room and or board only, provided that the resident is free to leave that facility by his or her own volition at any time.
(3) The Department of Public Health shall regularly license and inspect the food preparation areas of the facilities under this statute for health and safety purposes.
(4) Law enforcement agencies shall have access to the private property of the facilities under this statute in furtherance of their duties to investigate abuse or neglect, or for any other lawful purpose.
(Act 2017-374, §4.)
Any employee, volunteer, or applicant for employment or for a volunteer position at or with any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated youth residential facility, youth social rehabilitation facility, community treatment facility 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 or youth in any organizational form or combination thereof defined by this section, or as defined by the department, shall be subject to a criminal background investigation prior to having unsupervised contact with the children in accordance with subdivision (1) of subsection (a) of Section 38-13-3.
(Act 2017-374, §5.)
(a)(1) The department may charge a fee for the registration. The fee may be set by rule of the department and may be based on the type of facility and the capacity of the facility. After the initial registration approval, the department may charge a renewal fee annually on each anniversary of the effective date of the registration. The fees are for the purpose of administering the registration program and enforcing the requirements specified in this chapter and shall be set accordingly.
(2) The department, at least every five years, shall analyze initial application fees and annual fees issued by it to ensure the appropriate fee amounts are charged.
(b) In addition to fees established by the department, the department shall also charge the following fees:
(1) A fee in the amount of 50 percent of the established application fee when an existing registered entity moves a facility to a new physical address.
(2) A fee in the amount of 50 percent of the established application fee when a corporate registered entity changes the person having the authority to select a majority of the board of directors.
(3) A fee in the amount of fifty dollars ($50) when an existing registered entity seeks to either increase or decrease the approved capacity of the facility.
(4) An orientation fee of fifty dollars ($50) for attendance by any individual at a department-sponsored information or orientation session.
(5) A probation monitoring fee equal to the current annual fee, in addition to the current annual fee for that category and capacity for each year a registered entity has been placed on probation as a result of an adjudication pursuant to the Administrative Procedure Act, Chapter 22, Title 41.
(6) A late fee that represents an additional 50 percent of the established current annual fee when any registered entity fails to pay the current annual registration fee on or before the due date as indicated by postmark on the payment.
(7) A fee to cover any costs incurred by the department for processing payments including, but not limited to, insufficient funds charges, charges for credit and debit transactions, and postage due charges.
(8) A plan of correction fee of at least two hundred dollars ($200) when any registered entity does not implement a plan of correction on or prior to the date specified by a corrective action plan issued to it by the department.
(9) Additional fees established by the department by rule as necessary to regulate registered entities for institutions and organizations subject to this chapter.
(c) The revenues collected from registration fees pursuant to this section shall be utilized by the department for the purpose of ensuring the health and safety of all individuals provided care and supervision by entities registered under this chapter and to support operations of the registration program, including, but not limited to, monitoring facilities for compliance with registration laws and rules, and other administrative activities in support of the registration program. The revenues collected shall be used in addition to any other funds appropriated in the budget act in support of the registration program. The department shall adjust the fees collected pursuant to this section as necessary.
(d) The failure of an applicant or registrant to pay all applicable and accrued fees and civil penalties shall constitute grounds for denial or forfeiture of registration approval.
(e) Any fee or charge collected or any rule or standard implemented by the department pursuant to this chapter shall comply with the Alabama Administrative Procedure Act.
(Act 2017-374, §6.)
(a) All youth residential facilities and organizations under this section shall be subject to a quarterly inspection by the department or its designee at a minimum and shall be responsible for providing necessary information as determined by the department to ensure the safety and welfare of residents. All youth residential facilities and organizations under this chapter shall provide at a minimum the following to the department upon request:
(1) The names of all children currently enrolled, registered, or housed at the facility or program.
(2) The names of all personnel currently employed or contracted for employment for or at the facility, institution, or program.
(3) The plan of operation, all written policies, procedures, and standard practices.
(4) The child-to-staff ratios.
(5) The staff qualifications and proof of training.
(6) Proof of the implementation of childrens’ needs and services plan.
(7) A written fire evacuation and natural disaster plan and maintain a record of routine drills of the plan.
(8) Proof of liability insurance with coverage of no less than the amount specified in subdivision (18) of subsection (a) of Section 38-15-4.
(9) Proof of immunization against disease of all children housed or contained at the facility or in the program with proof of exemption of a child due to parental beliefs, which exemption shall be permitted.
(b) All youth residential facilities and organizations under this section shall inform the parents or authorized guardian or adult representative of the child of their rights including the following at a minimum:
(1) To enter and inspect the facility, institution, or program as determined by law.
(2) To file a complaint against the registered entity with the department without discrimination against the parent or the child housed by or located at the facility or program.
(3) To view the child’s records associated with the facility, institution, or program including treatment, disciplinary, and other actions the department determines to be vital to his or her situational awareness as a parent or guardian.
(4) To review the registered entity’s public file at the appropriate department online site or physical location.
(5) To view the prominently displayed list of child or youth rights associated with this chapter or those enumerated per department rules.
(6) To view copies of any report that documents any finding of noncompliance by the department.
(7) To view copies of any documentation issued to the registered entity documenting the department’s intent to revoke the registration approval of the facility, institution, or program.
(Act 2017-374, §7.)
(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 chapter, operating prior to January 1, 2018, shall comply with the department’s registration requirements on or before July 1, 2017.
(b) The department may adopt emergency rules to implement this section.
(c) The department shall have the authority to act in loco parentis for any child covered under this section in need of immediate health, welfare, protective, or other critical services until that child’s parent or guardian can be contacted and is able to make those decisions in the interest of the child.
(d) No religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated youth residential facility, youth social rehabilitation facility, community treatment facility 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 may operate in this state without a current registration approval from the department.
(e) Nothing in this section shall prohibit a religious, faith-based, or church nonprofit, other nonprofit, or for profit residential, rehabilitation, community treatment, transitional care facility, or private alternative boarding school or outdoor program that utilizes religious, prayer, or spiritual means as the basis for its program or services from providing those services in accordance with its religious beliefs. Any such facility or program shall include in its advertising that it bases its services or treatment on religious principles. Such facility or program shall provide to any applicant a detailed explanation of its faith-based programs. Such facility or program may require participants to participate in these programs, notwithstanding any other provision of this chapter. This chapter shall not give the department the authority to regulate or prohibit religious-based treatment; provided, however, the treatment shall not be used to violate or circumvent any of the other requirements of this chapter related to the physical safety and condition of any child or the condition of the facility.
(f) Nothing in this section shall prohibit a religious, faith-based, or church nonprofit, other nonprofit, or for profit residential, rehabilitation, community treatment, or transitional care facility, or a private alternative boarding school, or outdoor program that utilizes religious, prayer, or spiritual means as the basis for its services from providing those services in accordance with its religious beliefs.
(g) Nothing in this section shall give the department the authority to regulate or prohibit religious-based treatment or services, provided that, the treatment or services are not in violation of any requirements of this section as it relates to the safety and welfare of children.
(h) Nothing in this section shall be construed or interpreted to authorize any state agency to license or regulate a non-residential private, nonpublic, church or nonprofit school offering instruction in grades K-12, or any combination thereof, that houses or contains children or youth for a period of less than 24 hours.
(Act 2017-374, §8.)
This chapter shall not be interpreted to supersede any other law requiring the reporting or investigation of child abuse or neglect.
(Act 2017-374, §9.)
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