Alabama Adult Protective Services Report (Mandatory Reporter)

ALABAMA ADULT PROTECTIVE SERVICES REPORT

TABLE OF CONTENTS

1. Reporter Information
2. Mandatory Reporter Status
3. Alleged Victim Information
4. Alleged Perpetrator Information
5. Description of Abuse, Neglect, or Exploitation
6. Statutory Categories Implicated
7. Evidence and Witnesses
8. Immediate Safety and Capacity Concerns
9. Other Agencies Notified
10. Reporter Certification and Immunity
11. Submission Channels
12. Alabama Practice Notes
13. Sources and References

1. REPORTER INFORMATION

2. MANDATORY REPORTER STATUS

Under Ala. Code § 38-9-8(a), the following persons are mandatory reporters:

☐ Physician (M.D./D.O.) ☐ Dentist ☐ Optometrist ☐ Podiatrist ☐ Chiropractor

☐ Pharmacist ☐ Registered nurse ☐ Licensed practical nurse ☐ Nurse practitioner

☐ Physician assistant ☐ Mental-health professional / clinical psychologist

☐ Licensed social worker ☐ Licensed counselor ☐ Marriage & family therapist

☐ Caregiver (paid or unpaid, including direct-care staff at LTC facilities)

☐ Any other practitioner of the healing arts

☐ Coroner / medical examiner

☐ Law enforcement officer

☐ Financial institution employee (financial exploitation — Ala. Code § 13A-6-192)

☐ Other: [________________________________]

☐ Permissive reporter (any person with reasonable cause to believe — Ala. Code § 38-9-8 & § 13A-6-194)

3. ALLEGED VICTIM INFORMATION

4. ALLEGED PERPETRATOR INFORMATION

5. DESCRIPTION OF ABUSE, NEGLECT, OR EXPLOITATION

Date(s) of incident(s): [__/__/____] to [__/__/____]

Location(s): [________________________________]

Narrative (use as much space as needed; attach continuation pages):

[________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________]

Specific observable indicators (check all that apply):

☐ Bruises, lacerations, abrasions, burns

☐ Pressure ulcers / decubitus wounds

☐ Untreated medical conditions

☐ Dehydration, malnutrition, unexplained weight loss

☐ Soiled clothing or bedding; poor hygiene

☐ Over-medication / under-medication / wrong medication

☐ Restraints (physical or chemical) without medical order

☐ Unexplained financial transactions, missing assets, new joint accounts, transferred deeds

☐ Fearful or withdrawn behavior; flinching from caregiver

☐ Sexually transmitted infection or genital injury

☐ Verbal abuse, threats, intimidation, isolation

☐ Other: [________________________________]

6. STATUTORY CATEGORIES IMPLICATED

Mark each category that the reporter has reasonable cause to believe is present (definitions per Ala. Code § 38-9-2):

☐ Abuse — infliction of physical pain, injury, mental anguish, or willful deprivation by a caregiver of services necessary to maintain mental and physical health

☐ Neglect — failure of caregiver to provide food, shelter, clothing, medical services, or health care; or failure of victim to provide same when due to mental or physical inability

☐ Exploitation — use of resources of a protected person for monetary or personal benefit, profit, or gain through undue influence, breach of fiduciary relationship, deception, harassment, criminal coercion, theft, or other unlawful means

☐ Sexual abuse — non-consensual sexual contact

☐ Emotional abuse — willful infliction of mental anguish, intimidation, or threats

☐ Financial exploitation — Ala. Code § 13A-6-195 (Class B/C felony depending on amount)

☐ Caregiver felony abuse / neglect / exploitation — Ala. Code § 38-9-7

7. EVIDENCE AND WITNESSES

8. IMMEDIATE SAFETY AND CAPACITY CONCERNS

☐ Victim is in IMMINENT danger of serious bodily harm — call 911 in addition to APS;

☐ Victim lacks capacity to consent to or refuse services;

☐ Victim is being denied access to family, counsel, or medical care;

☐ Alleged perpetrator has physical, financial, or pharmaceutical control over victim;

☐ Victim has expressed fear of returning home / to facility;

☐ Emergency protective placement may be required under Ala. Code § 38-9-6;

☐ Petition for emergency guardianship / conservatorship under Ala. Code § 26-2A-107 may be appropriate;

☐ Other: [________________________________]

Recommended interim protective measures: [________________________________]

9. OTHER AGENCIES NOTIFIED

10. REPORTER CERTIFICATION AND IMMUNITY

I, the undersigned, certify that I have reasonable cause to believe the above-named protected person has been abused, neglected, or exploited as those terms are defined in Ala. Code § 38-9-2, and I make this report pursuant to my duty under Ala. Code § 38-9-8. I make this report in good faith and pursuant to that statutory duty, and accordingly I am entitled to immunity from civil and criminal liability under Ala. Code § 38-9-10(a). I understand that the contents of this report are confidential under § 38-9-10(b) and that my identity may be protected upon request.

Date: [__/__/____]

[________________________________]

[REPORTER NAME / TITLE]

11. SUBMISSION CHANNELS

Primary — Alabama Adult Abuse Hotline (24/7, statewide):

• Telephone: 1-800-458-7214
• Online: https://dhr.alabama.gov/adult-protective-services/

County DHR Office: locate at https://dhr.alabama.gov/county-offices/ (the county where the alleged victim resides)

Mandated reporters in long-term care facilities must additionally notify:

• Alabama Department of Public Health, Bureau of Health Provider Standards, Complaint Unit, 201 Monroe Street, Suite 700, Montgomery, AL 36130-3017; ElderCare Hotline 1-800-356-9596.
• State Long-Term Care Ombudsman, Alabama Department of Senior Services, 334-242-5753 / 1-800-243-5463.

Law enforcement (call 911 for imminent harm; otherwise local police or county sheriff). Under Ala. Admin. Code r. 660-5-41, when a sheriff or chief of police receives a mandatory report, that office must conduct or coordinate the investigation jointly with DHR within seven (7) days.

12. ALABAMA PRACTICE NOTES

• Trigger. "Reasonable cause to believe" — not certainty. Under Ala. Code § 38-9-8, observation by a mandatory reporter in the course of professional duties triggers the obligation. The duty cannot be discharged by reporting up the chain of command alone.
• Time frame. Report must be made "immediately." Investigation must commence within seven days under Ala. Admin. Code r. 660-5-41-.04.
• Confidentiality. Records of APS reports are confidential and not subject to public disclosure (§ 38-9-10). Alabama maintains an Adult Abuse Registry under Ala. Admin. Code r. 660-5-41-.07; placement on the registry follows substantiated findings and due-process procedures.
• Felony exposure. Caregiver abuse, neglect, or exploitation of a protected person is a felony under Ala. Code § 38-9-7 (Class B for second-degree, Class A for serious physical injury). Financial exploitation thresholds under Ala. Code § 13A-6-192–195 grade by dollar amount.
• Immunity. § 38-9-10(a) provides civil and criminal immunity for reports made in good faith. Knowingly false reports are not immunized.
• Failure to report. Class A misdemeanor under § 38-9-10(b); also may trigger professional licensure discipline.
• Self-reporting facilities. Nursing facilities must self-report under 42 C.F.R. § 483.12 (federal NHRA) within 2 hours (serious bodily injury) or 24 hours (other allegations) to the State Survey Agency. State reporting under § 38-9-8 is in addition to federal facility self-reporting.
• Companion remedies. Consider concurrently petitioning for protective placement (§ 38-9-6), emergency guardianship/conservatorship (§ 26-2A-107), elder protection order (§ 30-5-2), and freezing of financial accounts (§ 8-6-171, securities; § 5-5A-43, banking).

13. SOURCES AND REFERENCES

• Ala. Code Title 38, Chapter 9 (Adult Protective Services Act) — https://alisondb.legislature.state.al.us/
• Ala. Code § 38-9-8 (Mandatory reporting) — https://codes.findlaw.com/al/title-38-public-welfare/al-code-sect-38-9-8.html
• Ala. Code Title 13A, Chapter 6, Article 8 (Protecting Alabama's Elders Act)
• Ala. Admin. Code Chapter 660-5-41 (DHR APS Investigations & Abuse Registry) — https://admincode.legislature.state.al.us/api/chapter/660-5-41
• Alabama DHR Adult Protective Services — https://dhr.alabama.gov/adult-protective-services/
• Alabama Adult Abuse Hotline: 1-800-458-7214
• ABA Elder Abuse Reporting Laws Chart — https://www.americanbar.org/content/dam/aba/administrative/law_aging/2020-elder-abuse-reporting-chart.pdf
• DOJ Elder Justice Initiative (Alabama statutes) — https://www.justice.gov/elderjustice/prosecutors/statutes?field_statute_state=AL
• Alabama LTC Ombudsman: 334-242-5753 / 1-800-243-5463 — https://alabamaageline.gov/ombudsman/

Disclaimer: This template documents a mandatory report; it is not a substitute for the immediate telephone or online report required by Ala. Code § 38-9-8. Do not delay reporting in order to complete this form. An Alabama-licensed attorney should review any report involving anticipated litigation, professional licensure exposure, or criminal proceedings.