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
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-13-7.htm - 7K - Match Info - Similar pages
38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have the following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE FACILITY. A person or entity holding a Department of Human Resources license or approval or certification to provide care, including foster care, for adults. (3) APPLICANT. A person or entity who submits an application for license as a child care or adult care facility to the Department of Human Resources or a child placing agency, or an application for employment or for a volunteer position to a Department of Human Resources licensed child care or adult care facility. With regard to child care and adult care facilities in a home setting, the term includes an adult household member whose residence is in the home. The term also includes an individual who submits an application for a volunteer position or for employment with the Department of Human Resources in a position in which the person has unsupervised...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-13-2.htm - 11K - Match Info - Similar pages
38-7-3
Section 38-7-3 License to operate or conduct child-care facility - Requirements; recordkeeping; parental notifications, etc.; affidavits; inspections and investigations. (a) No person, group of persons, or corporation may operate or conduct any facility for child care, as defined in this chapter, without being licensed or approved as provided in this chapter. (b)(1) Except as provided in subdivision (2), the licensure requirements of this chapter do not apply to a child-care facility that is operating as an integral part of a local church ministry or a religious nonprofit school, and is so recognized in the church or school's documents, whether operated separately or as a part of a religious nonprofit school unit, secondary school unit, or institution of higher learning under the governing board or authority of the local church or its convention, association, or regional body to which it may be subject. (2) A child-care facility that receives state or federal funds or is operating for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-7-3.htm - 8K - Match Info - Similar pages
38-13-4
Section 38-13-4 Mandatory criminal history check notice; suitability determinations; checks on subsequent activity. (a) Every employer, child care facility, adult care facility, the Department of Human Resources, and child placing agency required to obtain a criminal history background information check pursuant to this chapter shall obtain, prior to or upon the date of employment, or issuance of a license or approval or renewal thereof, and maintain in the agency or personnel file, a request with written consent for the criminal history background information check and a statement signed by the applicant, volunteer, or employee indicating whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions. The statement shall include a notice and questionnaire the same as or similar to the following: (1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history background information check be conducted on all persons who hold a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-13-4.htm - 9K - Match Info - Similar pages
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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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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38-13-6
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-13-6.htm - 2K - Match Info - Similar pages
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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26-14-8
Section 26-14-8 Statewide central registry. (a) For the purposes of this section, the following words shall have the following meanings, respectively: (1) INDICATED. When credible evidence and professional judgment substantiates that an alleged perpetrator is responsible for child abuse or neglect. (2) NOT INDICATED. When credible evidence and professional judgment does not substantiate that an alleged perpetrator is responsible for child abuse or neglect. (b) The Department of Human Resources shall establish a statewide central registry for reports of child abuse and neglect made pursuant to this chapter. The central registry shall contain, but shall not be limited to: (1) All information in the written report; (2) Record of the final disposition of the report, including services offered and services accepted; (3) The names and identifying data, dates, and circumstances of any persons requesting or receiving information from the registry; provided, however, that requests for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-14-8.htm - 6K - Match Info - Similar pages
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