Act 2022-161 (Shirley’s Law)
Effective June 1, 2022; Procedures effective January 1, 2023
This act creates a central registry containing the names of those who have abused, neglected, exploited, or committed crimes against the elderly and other adults in need of protective services. The central registry is similar to the child abuse and neglect central registry maintained by DHR pursuant to Ala. Code § 26-14-8.
Under the Alabama Elder and Adult in Need of Protective Services Abuse Registry, also known as Shirley’s Law, certain service providers must query the registry to determine whether any of their employees or volunteers have a history of abuse, neglect, exploitation, or crimes against the elderly or adults in need of protective services.
The law also provides a due process procedure for those accused of abuse, neglect, and exploitation, as well as a mechanism by which an individual may have his or her report expunged from the registry.
Have a question? Call the Adult Protective Services Division of DHR at 1-800-458-7214.
Ala. Code § 38-9G-1; Ala. Admin. Code 660-5-41-.07
An elderly person is an individual 60 years of age or older. (Ala. Code § 38-9G-1)
An adult in need of protective services is 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. (Ala. Code § 38-9-2)
Ala. Code § 38-9G-1; Ala. Admin. Code 660-5-41-.07
All service providers must run their employees and volunteers through the central registry. The following types of entities are considered service providers under Shirley’s Law:
- Hospitals
- Elderly/adult foster homes
- Assisted living communities or centers
- Specialty care assisted living communities or centers
- Skilled nursing facilities
- Home health agencies
- Hospice programs or residential hospice facilities
- Long-term care facilities
- Rehabilitation facilities
- Group homes, residential facilities, and community-based services serving adults in need of protective services (includes, for example, adult day care facilities)
Ala. Code § 38-9G-2(a); Ala. Admin. Code 660-5-41-.07
An individual shall be listed on the registry if he or she has:
- Been convicted of one of the following crimes:
- Elder abuse and neglect (1st, 2nd, or 3rd degree – Ala. Code §§ 13A-6-192, 193, or 194)
- Financial exploitation of an elderly person (1st, 2nd, or 3rd degree – Ala. Code §§ 13A-6-195, 196, or 197)
- Any act of elder abuse under Ala. Code § 38-9F-3
- Any act of abuse, neglect, or exploitation listed in Ala. Code § 38-9-7
- Had a protection from abuse order (PFA) entered against him or her for the protection of an elderly person or an adult in need of protective services
- Been found by DHR, ADPH, or ADMH 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
Ala. Code § 38-9G-4; Ala. Admin. Code 660-5-41-.07
A report may not be placed on the registry until due process has been completed.
Due process is complete when an individual has been offered due process and declined or the process has concluded and the final agency decision has been entered. In the context of a criminal charge, due process has been completed when a court of competent jurisdiction has entered an order(s) convicting and sentencing the individual.
The investigating agency is responsible for providing due process before submitting a report for entry on the registry.
DHR’s due process scheme is as follows:
- If the individual works with, volunteers with, or holds certification to work with the elderly or adults in need of protective services, he or she is offered a hearing before an administrative law judge.
- If the individual does not work with, volunteer with, or hold certification to work with the elderly or adults in need of protective services, he or she is entitled to an administrative record review.
A registry entry may be expunged if:
- The underlying criminal conviction is expunged (removes the criminal conviction only)
- The agency that placed the individual on the registry requests expungement or otherwise expunges the record from their system
Ala. Code § 38-9G-2(b); Ala. Admin. Code 660-5-41-.07
Reports contained on the registry are confidential and may only be released in the following circumstances:
- Employers, by following the specified procedures for clearing employees
- Investigation by a law enforcement agency
- Grand jury
- For use by a court
- For use by a guardian ad litem, guardian, or conservator of the subject individual
- For use by physicians who suspect abuse or neglect
- 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
- For public disclosure about abuse or neglect resulting in death
