16-22A-1
Section 16-22A-1 Short title; purpose. This chapter shall be known and cited as the Alabama Child Protection Act of 1999. Article 1 provides the procedure for conducting criminal history background information checks on all applicants for certification, public and nonpublic applicants for employment, nonpublic current employees, and current employees under review. Article 2 provides the procedure for conducting criminal history background information checks on current public certified and noncertified employees. (Act 99-361, p. 566, §1; Act 2002-457, p. 1171, §1.)...
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38-15-5
Section 38-15-5 Criminal background checks. Any employee, volunteer, or applicant for employment or for a volunteer position at or with 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 or youth in any organizational form or combination thereof defined by this section, or as defined by the department, shall be subject to a criminal background investigation prior to having unsupervised contact with the children in accordance with subdivision (1) of subsection (a) of Section 38-13-3. (Act 2017-374, §5.)...
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16-22A-16
Section 16-22A-16 Construction. Except as expressly specified in this chapter pertaining to criminal history background information checks of applicants for nonpublic employment, nonpublic current employees, and nonpublic current employees under review, nothing in this chapter shall be construed to establish state control over curriculum or the selection of personnel in private or parochial/church schools, nor is this chapter intended to establish additional regulatory authority over private or parochial/church schools. (Act 99-361, p. 566, §16; Act 2002-457, p. 1171, §1.)...
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16-22A-18
Section 16-22A-18 Repealer. This chapter is supplementary to and shall be construed in pari materia with other laws. To the extent that this chapter specifically conflicts with other laws pertaining to criminal history background information checks, this chapter shall take precedence. Nothing contained within this chapter shall be construed to diminish, reduce, or conflict with the authority of the State Superintendent of Education to interpret and apply federal and state education law for the State of Alabama. Those portions of Sections 26-20-1 through 26-20-6 relating to criminal background checks of public, private, parochial, and home school employees are repealed. (Act 99-361, p. 566, §18; Act 2002-457, p. 1171, §1.)...
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38-13-12
Section 38-13-12 Construction. This chapter is supplementary and shall be construed in pari materia with other laws; provided, however, that to the extent that this chapter specifically conflicts with other laws pertaining to criminal history background information checks, this law shall take precedence. Nothing contained in this chapter shall be construed to diminish, reduce, or conflict with the authority of the Department of Human Resources to interpret and apply appropriate federal and state laws governing that agency and its programs. (Act 2000-775, p. 1775, §13.)...
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22-50-91
Section 22-50-91 Administrative rules and procedures. The Department of Mental Health shall promulgate administrative rules and procedures to carry out this article which do not infringe on the constitutional rights of any person affected by this article, including those necessary to safeguard the confidentiality of any criminal history background information requested and secured under this article. (Acts 1994, No. 94-583, p. 1069, §2.)...
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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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16-1-11.3
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, §3.)...
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22-14-32
Section 22-14-32 Submission of fingerprint cards to F.B.I. The Alabama State Law Enforcement Agency shall submit one set of the classifiable fingerprint cards of such employee to the identification division of the Federal Bureau of Investigation with a request that the bureau search its criminal history files to ascertain if such employee has a criminal history and furnish any identifiable information on such employee to the department. (Acts 1979, No. 79-805, p. 1483, §3.)...
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41-9-603
Section 41-9-603 Effect of article upon other provisions of law, etc. (a) In the event of conflict, this article shall, to the extent of the conflict, supersede all conflicting parts of existing statutes which regulate, control or otherwise relate, directly or by implication, to the collection, storage and dissemination or usage of fingerprint identification, offender criminal history, uniform crime reporting and criminal justice activity data records or any conflicting parts of existing statutes which relate, directly or by implication, to any other provisions of this article. (b) The provisions of this article shall not alter, amend or supersede the statutes and rules of law governing the collection, storage, dissemination or usage of records concerning individual juvenile offenders in which they are individually identified by name or other means until such time as the Alabama Legislature provides legislation permitting the collection, storage, dissemination or usage of records...
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