Code of Alabama

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41-9-594
Section 41-9-594 Establishment of rules and policies; Privacy and Security Committee; fees.
(a) The commission shall establish its own rules and policies for the performance of the responsibilities
charged to it in this article. (b) The commission shall establish rules and policies that
will restrict the information obtained under authority of this article to the items germane
to the implementation of this article and restrict the use of information only to authorized
persons and agencies. (c) The chair of the commission shall appoint a Privacy and Security
Committee from the membership of the commission who are elected officials, or their designees,
consisting of a chair and three members, to study the privacy and security implications of
sharing criminal justice information and to formulate policy recommendations for consideration
by the commission concerning the collection, storage, dissemination, or usage of criminal
justice information. (d) The commission may adopt rules and...
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16-22A-34
Section 16-22A-34 Satisfaction of contingencies; procedures. (a) The requirement to conduct
a criminal history background information check on public and nonpublic current employees
pursuant to this chapter is contingent upon the State Superintendent of Education determining
that sufficient funds have been appropriated by the Legislature or made available from another
source to fund such background checks and related procedures. The State Superintendent of
Education shall certify to each local employing board, each nonpublic school, the State Finance
Director, and the Code Commissioner when sufficient funds have been appropriated for use by
the State Department of Education for purposes of conducting background checks and related
procedures on public and nonpublic current employees. (b) Upon the satisfaction of contingencies
provided in subsection (a) and upon the State Superintendent of Education certifying in writing
to the State Board of Education and each authorized employer that...
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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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41-27-10
Section 41-27-10 Criminal history background checks on state employees and contractors requested
by state department or agency; policies. (a) Pursuant to the requirements of Public Law 92-544,
the states may conduct a nationwide criminal history background check on state employees and
contractors for the purpose of determining whether an employee or contractor who has access
to federal tax information has been convicted of a crime that would warrant denying the employee
or contractor access to the federal tax information. For the purposes of this section, federal
tax information includes tax return or tax return information received directly from the Internal
Revenue Service or obtained through an authorized secondary source. An authorized secondary
source shall not include official court records maintained by the Alabama Administrative Office
of Courts. A state department or agency shall require each applicant for a position of employment
with the department or agency and all current...
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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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16-22A-2
Section 16-22A-2 Legislative intent. Under the National Child Protection Act of 1993, Public
Law 103-209, 42 U.S.C. 5119, et seq., the states are required to implement a computerized
information system to provide child abuse crime information through the Federal Bureau of
Investigation National Criminal History Record Information System and may conduct a nationwide
criminal history background information check for the purpose of determining whether an individual
who will have unsupervised access to children is suitable for employment or has been convicted
of a crime that bears upon the fitness of the individual to teach or have responsibility for
the safety and well-being of children as defined in this chapter. The Legislature finds that
there is a compelling state interest and it is in the best interest of the children of Alabama
to protect them from those persons who may inflict physical or mental injury or abuse, sexual
abuse or exploitation, or maltreatment or other mistreatment...
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38-13-1
Section 38-13-1 Legislative findings and intent. Under the National Child Protection Act of
1993, Public Law 103-209, 42 U.S.C. § 5119, et seq., the states are permitted to implement
a computerized information system to provide child abuse crime information through the Federal
Bureau of Investigation National Criminal History Record Information System. The states may
conduct a nationwide criminal history background check for the purpose of determining whether
an individual who shall have unsupervised access to children, the elderly, or individuals
with disabilities has been convicted of a crime that bears upon the fitness of the individual
to provide care to or have responsibility for the safety and well-being of children, the elderly,
or individuals with disabilities as defined in this chapter. The Legislature finds that there
is an important state interest and it is in the best interest of the children, the elderly,
and individuals with disabilities of Alabama to protect them from...
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38-13-3
Section 38-13-3 Criminal history background information check required for certain individuals;
exemptions. (a) On November 1, 2000, every employer, child care facility, adult care facility,
the Department of Human Resources, and child placing agency shall request the Alabama State
Law Enforcement Agency to conduct a criminal history background information check for the
following: (1) An employment applicant, employee or volunteer of an employer, child care facility,
adult care facility, or child placing agency. (2) A current foster parent for a child or adult
or adult household member of a foster family or applicant and an adult household member of
a foster family seeking approval to operate as a foster parent or foster family home for a
child placing agency or the Department of Human Resources. Unless otherwise provided in this
chapter, no criminal history background information check shall be conducted on a current
foster parent or household member of a foster family if a Federal...
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38-15-4
Section 38-15-4 Registration of certain youth residential institutions or organizations; staff
training plans; rights of children; licensing and inspection of food preparation areas; access
by law enforcement agencies. (a) Commencing on January 1, 2018, the department shall register
any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated
youth residential facility, youth social rehabilitation facility, community treatment facility
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section, whenever children are housed at the facility or location of the program for
a period of more than 24 hours. At a minimum, registered youth residential institution or
organization under this section shall do all of the following: (1) Be...
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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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