Code of Alabama

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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
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30-3C-9
Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed under
this chapter, the court may set a preliminary hearing as necessary, and shall cause to be
issued all summonses and notices as required by law and otherwise deemed necessary and appropriate.
Should the court determine from the petition, or on evidence presented at a preliminary hearing,
that no emergency or temporary orders are appropriate, then the court shall set the petition
for a final hearing at such time as the court deems appropriate and as the best interests
of the child require. (b) If, at a hearing on a petition under this chapter, the court after
reviewing the evidence finds a credible risk of abduction of the child, the court shall enter
an abduction prevention order. The order must include the provisions required by subsection
(c), specifying measures that are reasonably calculated to prevent abduction of the child
and giving due consideration to the custody and visitation rights of...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be dependent,
the juvenile court may make any of the following orders of disposition to protect the welfare
of the child: (1) Permit the child to remain with the parent, legal guardian, or other legal
custodian of the child, subject to conditions and limitations as the juvenile court may prescribe.
(2) Place the child under protective supervision under the Department of Human Resources.
(3) Transfer legal custody to any of the following: a. The Department of Human Resources.
b. A local public or private agency, organization, or facility willing and able to assume
the education, care, and maintenance of the child and which is licensed by the Department
of Human Resources or otherwise authorized by law to receive and provide care for the child.
c. A relative or other individual who, after study by the Department of Human Resources, is
found by the juvenile court to be qualified to receive and care for the...
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38-13-6
Section 38-13-6 Fees. (a) A nonrefundable fee to be paid for the criminal history background
information check shall conform to the guidelines promulgated pursuant to 42 U.S.C. § 5119,
the National Child Protection Act of 1993, and state law. (b) The Department of Public Safety
may charge a fee in the amount prescribed in Section 32-2-61, of Title 32, for the cost of
processing the request. The Department of Public Safety shall charge no larger fee for requests
than charged for requests received from those entities. The fee charged for criminal history
background information checks shall not exceed the statutory and regulatory amounts set under
existing guidelines and no additional administrative fees, except for the cost of mailings,
shall be charged which would increase the cost of the criminal history background information
check. (c) An applicant for employment shall be responsible for the cost of the criminal history
background information check. An applicant shall not be...
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41-9-652
Section 41-9-652 National Child Protection Act of 1993 approved and ratified; execution and
administration of compact. (a) The Legislature approves and ratifies the National Child Protection
Act of 1993, 42 U.S.C. §5119-5119(c), as amended, in order to facilitate the authorized interstate
exchange of criminal history information for noncriminal justice purposes, including, but
not limited to, background checks for the licensing and screening of employees and volunteers.
The secretary shall execute the compact on behalf of the state. The secretary may delay the
initial execution of the compact until funding is secured to establish the procedures and
hire the necessary staff or contract for services to fulfill the requirements and responsibilities
of this compact. (b) ALEA is the repository of criminal history records for purposes of the
compact and shall do all things necessary or incidental to carry out the compact. (c) The
secretary, or the secretary's designee, is the compact...
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16-22A-9
Section 16-22A-9 Collection and transfer of fingerprints, fees, and information. (a) Local
employing boards and other public authorized employers required to obtain criminal history
background information checks under this chapter shall collect and forward to the State Department
of Education, two complete acceptable sets of fingerprints, written consent, and nonrefundable
fee, when applicable, from applicants for certification, applicants for public employment,
or public current employees under review, who have or seek to have unsupervised access to
a child or children. (b) Nonpublic school employers shall voluntarily collect and forward
two complete acceptable sets of fingerprints, written consent, and nonrefundable fee, when
applicable, from applicants for nonpublic employment, nonpublic current employees, or nonpublic
current employees under review, who have or seek to have unsupervised access to a child or
children, to the Department of Public Safety to request a criminal history...
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16-22A-7
Section 16-22A-7 Responsibilities of individuals to provide information. (a) An applicant for
certification, applicant for public employment, or public current employee under review with
the State Department of Education or local employing board, who has or will have unsupervised
access to a child or children in an educational setting, shall, upon request, submit the following
items to the State Department of Education: (1) Two functional acceptable fingerprint cards,
bearing the fingerprints of the individual, properly executed by a criminal justice agency
or other individual properly trained in fingerprinting techniques. (2) Written consent authorizing
the release of any criminal history background information to the State Department of Education.
(3) Acknowledgment that the applicant for certification, applicant for public employment,
or public current employee under review received notice that the State Superintendent of Education
will provide a suitability determination, based...
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12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports, and
information acquired or generated in juvenile courts concerning children shall be confidential
and shall not be released to any person, department, agency, or entity, except as provided
elsewhere in this section: (1) Juvenile legal files (including formal documents as petitions,
notices, motions, legal memoranda, orders, and decrees). (2) Social records, including but
not limited to: a. Records of juvenile probation officers. b. Records of the Department of
Human Resources. c. Records of the Department of Youth Services. d. Medical records. e. Psychiatric
or psychological records. f. Reports of preliminary inquiries and predisposition studies.
g. Supervision records. h. Birth certificates. i. Individualized service plans. j. Education
records, including, but not limited to, individualized education plans. k. Detention records.
l. Demographic information that identifies a child or the family of a...
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16-22A-5
Section 16-22A-5 Agencies required to conduct criminal history background information checks.
(a) A criminal history background information check shall be conducted on all applicants seeking
positions with, and on all current employees under review employed by any local employing
board, and any State Department of Education personnel as determined by the State Superintendent
of Education, who have unsupervised access to and provide education, training, instruction,
or supervision for children in an educational setting. (b) A criminal history background information
check shall be conducted on all applicants seeking positions with, and on all current employees
and current employees under review employed by any nonpublic school, who have unsupervised
access to or who provide education, training, instruction, or supervision for children in
an educational setting. (c) No institution listed in subsection (a) or subsection (b) shall
hire an individual who may have unsupervised access to a...
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16-22A-10
Section 16-22A-10 Confidentiality of information. (a)(1) Any criminal history background information
reports received by the State Department of Education from the Department of Public Safety
shall be confidential, conspicuously marked as confidential, and not further disclosed or
made available for public inspection. (2) Any criminal history background information report
received by a local employing board from the State Department of Education shall be confidential,
conspicuously marked as confidential, and not further disclosed or made available for public
inspection. (b) All criminal history background information reports are specifically excluded
from any requirement of public disclosure as a public record as the Legislature finds these
documents to be sensitive personnel records. (c) Transmittal of any criminal history background
information at any time shall be accomplished in a nontransparent package, sealed, and marked
confidential with instructions to be opened only by the...
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