Ala. Admin. Code r. 660-1-6-.11

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-1-6-.11 - Adult Protective Service Records

(1) Adult Protective Service Records and other confidential information shall be disclosed and released without a subpoena to:

(a) persons in a position to help or assist in the prevention or discovery of abuse or neglect of adults through the information contained therein;

(b) police or other law enforcement agencies conducting an adult abuse and neglect investigation;

(c) a grand jury where it determines that the information is necessary to the conduct of its official business;

(d) a court of law where it finds that such information is necessary for the determination of an issue before the court;

(e) a person involved in bona fide research approved by the Commissioner;

(f) a physician who has before him an adult he reasonably suspects may be abused or neglected;

(g) a guardian or guardian ad litem representing or defending an adult in a court proceeding related to abuse or neglect of said adult; and

(h) a fatality review panel or team.

(2) Notwithstanding Rule 660-1-6-.11(1), upon receipt of a request from any source outside the Department, confidential information may only be disclosed or released with the permission of the client or client's family. In emergency situations, records and other confidential information may be released immediately and the client or client's family notified thereafter.

Ala. Admin. Code r. 660-1-6-.11

Effective June 10, 1985. Amended: Filed August 3, 2007; effective September 7, 2007.

Author:

Statutory Authority: 42 U.S.C. §1392a ; 42 C.F.R. § 431.306; Code of Ala. 1975, §§ 26-14-8, 38-2-6, 38-7-13, 38-9-6, 41-22-4.