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16-22A-33
Section 16-22A-33 Submission of additional reports; suitability determination. Upon request
of the State Superintendent of Education, the Department of Public Safety shall request and
obtain nationwide criminal history background information reports from the Federal Bureau
of Investigation and statewide criminal history background information reports from the Alabama
Bureau of Investigation for each current public certified employee and current public noncertified
employee within a reasonable time after receipt of the request. Within a reasonable time after
receipt of the reports, the Department of Public Safety shall submit both the nationwide and
statewide criminal history background information reports directly to the State Department
of Education. (1) If the criminal history background information reports pertain to a current
public certified employee, the State Superintendent of Education shall review the criminal
history record information reports and make a diligent effort to...
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30-5-2
Section 30-5-2 Definitions. In this chapter, the following words shall have the following meanings
unless the context clearly indicates otherwise: (1) ABUSE. An act committed against a victim,
which is any of the following: a. Arson. Arson as defined under Sections 13A-7-40 to 13A-7-43,
inclusive. b. Assault. Assault as defined under Sections 13A-6-20 to 13A-6-22, inclusive.
c. Attempt. Attempt as defined under Section 13A-4-2. d. Child Abuse. Torture or willful abuse
of a child, aggravated child abuse, or chemical endangerment of a child as provided in Chapter
15, commencing with Section 26-15-1, of Title 26, known as the Alabama Child Abuse Act. e.
Criminal Coercion. Criminal coercion as defined under Section 13A-6-25. f. Criminal Trespass.
Criminal trespass as defined under Sections 13A-7-2 to 13A-7-4.1, inclusive. g. Harassment.
Harassment as defined under Section 13A-11-8. h. Kidnapping. Kidnapping as defined under Sections
13A-6-43 and 13A-6-44. i. Menacing. Menacing as defined...
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38-13-7
Section 38-13-7 Duties of Departments of Public Safety and Human Resources; review of determinations.
(a) Criminal history background information checks shall be performed by the Department of
Public Safety upon request by an employer, child care facility, adult care facility, or child
placing agency authorized to make a request, or the Department of Human Resources. The Department
of Public Safety shall provide a criminal history background check within a reasonable time
of the receipt of the request. National criminal history background checks shall be requested
by the Department of Public Safety from the Federal Bureau of Investigation within a reasonable
time of the request. The Department of Public Safety, upon receipt of the criminal history
background report from the Federal Bureau of Investigation, shall forward the report to the
Department of Human Resources within a reasonable period. (b) Criminal history background
information reports shall be sent from the Department of...
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26-19-1
Section 26-19-1 Definitions. For purposes of this chapter, the following words shall have the
meanings ascribed, unless the context clearly indicates otherwise: (1) ACMEC. The Alabama
Center for Missing and Exploited Children created by this chapter within the department. (2)
CJIC. The Criminal Justice Information Center of the state. (3) DEPARTMENT. The Alabama State
Law Enforcement Agency. (4) LAW ENFORCEMENT AGENCIES. Federal, state and local law enforcement
agencies of this state primarily, and of other states generally. (5) MISSING CHILD. A child
whose whereabouts are unknown to the child's legal custodian, the circumstances of whose absence
indicate that: a. The child did not voluntarily leave the care and control of the custodian,
and the taking of the child was not authorized by law; or b. The child voluntarily left the
care and control of the child's legal custodian without the custodian's consent and without
intent to return. (6) MISSING PERSON. A person 18 years old or older...
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16-1-11.3
Section 16-1-11.3 Autonomy of nonpublic schools - Applicability of statutory requirements.
Each nonpublic school, including private, church, parochial, and religious schools, offering
educational instruction in grades K-12, as well as home-schooling entities, shall comply with
the requirements of Chapter 28 of this title, relating to school attendance; Chapter 22A of
this title, the Alabama Child Protection Act of 1999; and Chapter 7 of Title 38, relating
to criminal history background checks on persons responsible for children, the elderly, and
the disabled. (Act 2014-245, p. 785, ยง3.)...
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30-5B-5
Section 30-5B-5 Registration of order. (a) Any individual may register a foreign protection
order in this state. To register a foreign protection order, an individual shall present a
certified copy of the order to any circuit or district court clerk in the state and complete
an affidavit as provided in subsection (d). (b) The court clerk shall enter, as expeditiously
as possible, all necessary information into the State Judicial Information System which shall
be electronically transmitted by the Administrative Office of Courts to the Alabama Criminal
Justice Information System. After the order is registered, a copy of the order stamped filed
by the court clerk shall be provided by the clerk's office to the person registering the order.
(c) The Criminal Justice Information Center, as Alabama's central registry of protection orders,
shall enter, as expeditiously as possible, an order upon electronic submission from the State
Judicial Information System of information concerning a valid...
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13A-6-141
Section 13A-6-141 Definitions. As used in this article, the following terms shall have the
following meanings, respectively, unless the context clearly indicates otherwise: (1) DOMESTIC
VIOLENCE PROTECTION ORDER. A domestic violence protection order is any protection from abuse
order issued pursuant to the Protection from Abuse Act, Sections 30-5-1 to 30-5-11, inclusive.
The term includes the following: a. A restraining order, injunctive order, or order of release
from custody which has been issued in a circuit, district, municipal, or juvenile court in
a domestic relations or family violence case; b. An order issued by municipal, district, or
circuit court which places conditions on the pre-trial release on defendants in criminal cases,
including provisions of bail pursuant to Section 15-13-190; c. An order issued by another
state or territory which may be enforced under Sections 30-5B-1 through 30-5B-10. Restraining
or protection orders not issued pursuant to the Protection From...
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16-22A-30
Section 16-22A-30 Criminal background information checks of current public employees. (a) A
criminal history background information check shall be conducted on all current public certified
employees and all current public noncertified employees employed by a 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) Each current public certified employee
and current public noncertified employee employed by a local employing board shall be notified
by the State Department of Education that the State Superintendent of Education will provide
a suitability determination, based upon convictions, pending criminal charges, and suitability
criteria for public employment, to his or her local employing board. Each current public certified
employee and current public noncertified employee shall...
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16-22A-31
Section 16-22A-31 Written consent; additional check. (a) The following persons shall obtain
a signed and dated written consent to obtain criminal history background information checks
for current public certified employees and current public noncertified employees who have
or seek to have unsupervised access to children in an educational setting: (1) Persons designated
by the public local employing board. (2) Persons designated by the State Department of Education.
(b) Refusal by a current public certified employee and current public noncertified employee
to sign and date a consent to obtain a criminal history background information check and to
provide two acceptable sets of fingerprints shall result in the preclusion of continued employment
or certification of the employee in a position requiring unsupervised access to children,
until such time as written permission has been given to the local employing board to conduct
the criminal history background information check. (c) If a...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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