|
26-10A-19
Section 26-10A-19 Investigation. (a) A pre-placement investigation shall be made to
determine the suitability of each petitioner and the home in which the adoptee will be placed.
The investigation shall include a criminal background investigation and any other circumstances
which might be relevant to the placement of an adoptee with the petitioners. A copy of the
pre-placement investigation shall be filed with the court when the petition for adoption is
filed. (b) An individual or couple may initiate a pre-placement investigation by request directly
through the Department of Human Resources or a licensed child placing agency or by filing
a request with the probate court. The court may appoint any agency or individual qualified
under subsection (d) to perform the pre-placement investigation. Upon completion of the investigation,
a copy of the report shall be sent to the petitioners. The report is to be filed with the
court at the time of the filing of the petition for adoption. (c)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-10A-19.htm - 4K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3C-9.htm - 6K - Match Info - Similar pages
15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall
have the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense.
(2) CHILD. A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed
child daycare center, a licensed childcare facility, or any other childcare service that is
exempt from licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous
that a reasonable person should know or recognize its location or its address has been provided
to local law enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a
trial, a plea of guilty, a plea of nolo contendere, or an Alford plea regardless of whether
adjudication was withheld. Conviction includes, but is not limited to, a conviction in a United
States territory, a conviction in a federal or military tribunal, including a court martial
conducted by the Armed Forces of the United States, a conviction for an offense committed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-4.htm - 9K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-22A-30.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-22A-34.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-27-10.htm - 3K - Match Info - Similar pages
38-13-8
Section 38-13-8 Confidentiality and disclosure of reports. (a) All reports of criminal
history background information received by the Department of Human Resources from the Department
of Public Safety shall be confidential and marked confidential with no further disclosure
and shall not be made available for public inspection. (b) All criminal history background
information reports shall be excluded from any requirement of public disclosure as a public
record. (c) Without additional public disclosure, the following release of the criminal history
background information report shall not be construed to violate this section: (1) Showing
the report to the applicant or current employee. (2) Release of the report to a court of competent
jurisdiction in the event of litigation brought by the applicant or employee. (3) Release
of the report to a court of competent jurisdiction upon a finding that the information is
material to the issues of the case before the court. (4) Use of the report in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-13-8.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-22A-31.htm - 1K - Match Info - Similar pages
16-22A-13
Section 16-22A-13 Liability. An authorized employer shall not be liable in any action
for damages solely for failure to conduct a criminal history background information check
on an educational employee pursuant to this chapter if such failure is due to reasonable time
constraints of background check backlogs, nor shall the state or political subdivision thereof,
nor any agency, officer, or employee thereof, be liable in any action for damages for the
failure of a qualified entity to take action adverse to an individual who was the subject
of a criminal history background information check. Neither the State Superintendent of Education,
the State Department of Education, nor any agent thereof shall be liable in civil court in
an action for damages arising out of any suitability determination. Nothing herein shall be
construed as a waiver of any sovereign or qualified immunity. (Act 99-361, p. 566, §13; Act
2002-457, p. 1171, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-22A-13.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-22A-2.htm - 1K - Match Info - Similar pages
|