Code of Alabama

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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)...
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12-15-134
Section 12-15-134 Maintenance and inspection of law enforcement records. (a) Law enforcement
agencies shall take special precautions to ensure that law enforcement records and files concerning
a child will be maintained in a manner and pursuant to those safeguards that will protect
against disclosure to any unauthorized person, department, agency, or entity. Unless a charge
of delinquency is transferred for criminal prosecution pursuant to Section 12-15-203 or the
juvenile court otherwise orders in the interests of the child or of national security, the
law enforcement records and files with respect to the child shall not be open to public inspection
nor their contents disclosed to the public. (b) Law enforcement records and files described
in subsection (a) shall be open to inspection and copying by the following: (1) A juvenile
court having a child currently before it in any proceeding. (2) Personnel of the Department
of Human Resources, the Department of Youth Services, public and...
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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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16-22A-5
Section 16-22A-5 Agencies required to conduct criminal history background information checks.
(a) A criminal history background information check shall be conducted on all applicants seeking
positions with, and on all current employees under review employed by any 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) A criminal history background information
check shall be conducted on all applicants seeking positions with, and on all current employees
and current employees under review employed by any nonpublic school, who have unsupervised
access to or who provide education, training, instruction, or supervision for children in
an educational setting. (c) No institution listed in subsection (a) or subsection (b) shall
hire an individual who may have unsupervised access to a...
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16-22A-9
Section 16-22A-9 Collection and transfer of fingerprints, fees, and information. (a) Local
employing boards and other public authorized employers required to obtain criminal history
background information checks under this chapter shall collect and forward to the State Department
of Education, two complete acceptable sets of fingerprints, written consent, and nonrefundable
fee, when applicable, from applicants for certification, applicants for public employment,
or public current employees under review, who have or seek to have unsupervised access to
a child or children. (b) Nonpublic school employers shall voluntarily collect and forward
two complete acceptable sets of fingerprints, written consent, and nonrefundable fee, when
applicable, from applicants for nonpublic employment, nonpublic current employees, or nonpublic
current employees under review, who have or seek to have unsupervised access to a child or
children, to the Department of Public Safety to request a criminal history...
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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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38-13-5
Section 38-13-5 Additional requirements. (a) An applicant, licensee, volunteer, or employee,
upon request, shall submit the following items: (1) Two functional, acceptable fingerprint
cards, bearing the fingerprints of the individual, properly executed by a law enforcement
agency or individual properly trained in fingerprinting techniques. (2) Written consent authorizing
the release of any criminal history background information to the Department of Human Resources.
(3) A written 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 in the form required in subsection
(a) of Section 38-13-4. (4) The fee of an applicant. (b) An applicant, licensee, volunteer,
or employee shall notify the prospective or current employer, licensing agency, or entity
for whom volunteer work is being performed of any criminal convictions...
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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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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, ยง13.)...
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16-22A-3
Section 16-22A-3 Definitions. When used in this chapter only, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
APPLICANT. A certified or noncertified individual who submits an application for employment
to a local employing board or any nonpublic school, to act in any capacity in which the individual
will have unsupervised access to children in an educational environment. (2) APPLICANT FOR
CERTIFICATION. An individual who submits an application for certification issued by the State
Superintendent of Education. (3) AUTHORIZED EMPLOYER. Any educational entity authorized to
obtain criminal history background information, including the State Department of Education,
local employing boards, and nonpublic schools which are responsible for hiring employees or
contracting with private employers to provide personnel who have unsupervised access to children
in an educational setting. (4) CERTIFIED APPLICANT FOR EMPLOYMENT. A...
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