Section 38-9-1 – Short Title.

Section 38-9-1 Short title. This chapter shall be known and may be cited as the Adult Protective Services Act of 1976. (Acts 1977, No. 780, p. 1340, §1.)

Section 38-9-10 – Reports by Physicians, etc., of Physical Abuse, Neglect or Exploitation – Penalty for Failure to Make Report.

Section 38-9-10 Reports by physicians, etc., of physical abuse, neglect or exploitation – Penalty for failure to make report. 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 […]

Section 38-9-11 – Exemption of Officers, Agents and Employees of Department From Civil Liability.

Section 38-9-11 Exemption of officers, agents and employees of department from civil liability. 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 […]

Section 38-9-2 – Definitions.

Section 38-9-2 Definitions. THIS SECTION WAS AMENDED BY ACT 2022-123 IN THE 2022 REGULAR SESSION, EFFECTIVE JUNE 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. 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 […]

Section 38-9-3 – Legislative Findings and Intent.

Section 38-9-3 Legislative findings and intent. 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 […]

Section 38-9-4 – Arrangements for Protective Services; Liability of Department for Protective Services; Services to Conform to Wishes of Person to Be Served; Duty of Department to Ascertain Persons in Need of Care and Protection.

Section 38-9-4 Arrangements for protective services; liability of department for protective services; services to conform to wishes of person to be served; duty of department to ascertain persons in need of care and protection. (a) Protective services may be arranged when an adult person is in need of care and protection because of danger to […]

Section 38-9-5 – Emergency Protective Services.

Section 38-9-5 Emergency protective services. 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 […]

Section 38-9-6 – Protective Placement or Other Protective Services.

Section 38-9-6 Protective placement or other protective services. (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 […]

Section 38-9-7 – Violations; Penalties.

Section 38-9-7 Violations; penalties. (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 […]

Section 38-9-8 – Reports by Physicians, etc., of Physical, Sexual, or Emotional Abuse, Neglect, or Exploitation – Required; Contents; Investigation.

Section 38-9-8 Reports by physicians, etc., of physical, sexual, or emotional abuse, neglect, or exploitation – Required; contents; investigation. THIS SECTION WAS AMENDED BY ACT 2022-161 IN THE 2022 REGULAR SESSION, EFFECTIVE JUNE 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. (a) All physicians and other practitioners of the healing arts […]

Section 38-9-9 – Reports by Physicians, etc., of Physical Abuse, Neglect or Exploitation – Immunity of Reporter From Civil and Criminal Liability.

Section 38-9-9 Reports by physicians, etc., of physical abuse, neglect or exploitation – Immunity of reporter from civil and criminal liability. 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 […]