(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:

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Terms Used In Alabama Code 38-9G-2

  • following: means next after. See Alabama Code 1-1-1
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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.
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