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38-15-2
Section 38-15-2 Legislative findings. The Legislature finds that there is a substantial need
to protect children and youth from abuse and neglect by persons entrusted with their physical
custody, and from persons or organizations that advertise, hold themselves out, or lead others
to believe that they will provide them with health, therapeutic, rehabilitative, or disciplinary
services, and from persons employed or exercising authority over them, and who they depend
upon to provide the basic necessities of life. The Legislature further finds that abuse and
neglect often take the form of the withholding of the basic necessities of life, including
food, water, shelter, clothing, and health care through an affirmative act or omission. It
is the intent of the Legislature to implement a baseline of registration and regulation requirements
for religious, faith-based, or church nonprofit, other nonprofit, and for profit affiliated
youth residential facilities and institutions that have...
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38-15-4
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 owned and operated on a for profit or nonprofit basis....
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38-15-8
authority of department to act in loco parentis; registration approval required; performance
of services in accordance with religious beliefs. (a) On or before January 1, 2018, the department
shall adopt rules to implement this chapter, in consultation with interested parties, including
representatives of any institution with any combination of organizational characteristics
defined by this section, former residents of long-term youth residential facilities, advocates
for youth, and private concerned parties. Until rules are adopted by the department
and become effective any existing child or youth residential organization, facility, institution,
boarding school, or program operating in this state shall be governed by the rules applicable
to residential care facilities regulated by the Department of Human Resources pursuant to
published minimum standards for residential child care facilities. Any institution, facility,
or program subject to this chapter, operating prior to...
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41-15B-2.2
for children and families in crisis. The department shall maintain standards and procedures
to require that all staff members who provide services pursuant to this subdivision have the
appropriate specialized training or experience, or both, to meet the needs of the children
and families served. b. Intensive long term programs designed to change behavior and rehabilitate
children with gang-related problems, satanic worshipping-related problems, drug or alcohol
problems or addictions. Private providers may be utilized for these drug and alcohol
and gang-related and satanic worshipping-related treatment programs. A portion of the funds
allocated pursuant to this paragraph shall be used to fund halfway houses or other graduated
release facilities for children with drug or alcohol problems or addictions. c. Any other
children's services provided by the Department of Mental Health. (7) a. Ten percent of the
funds shall be allocated to the Juvenile Probation Services Fund and...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
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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, ยง5.)...
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38-15-3
(5) LONG TERM YOUTH RESIDENTIAL FACILITY. A religious, faith-based, or church nonprofit, other
nonprofit, or for profit long term residential facility, group care facility, or similar facility
as determined by the director, providing 24-hour nonmedical care of youth in need of personal
services, supervision, or assistance essential for sustaining the activities of daily living
or for the protection of the child and others and that has the capacity to provide secure
containment. (6) PRIVATE ALTERNATIVE BOARDING SCHOOL. A religious, faith-based, or
church nonprofit, other nonprofit, or for profit group home that provides children with 24-hour
residential care and supervision, which, in addition to providing educational services, provides,
or holds itself out as providing, behavioral-based services to youth with social, emotional,
or behavioral issues and that has the capacity to provide secure containment. (7) PRIVATE
ALTERNATIVE OUTDOOR PROGRAM. A religious, faith-based, or...
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38-15-7
Section 38-15-7 Quarterly inspections; information provided to department; information provided
to parents, guardians, etc. (a) All youth residential facilities and organizations under this
section shall be subject to a quarterly inspection by the department or its designee at a
minimum and shall be responsible for providing necessary information as determined by the
department to ensure the safety and welfare of residents. All youth residential facilities
and organizations under this chapter shall provide at a minimum the following to the department
upon request: (1) The names of all children currently enrolled, registered, or housed at the
facility or program. (2) The names of all personnel currently employed or contracted for employment
for or at the facility, institution, or program. (3) The plan of operation, all written policies,
procedures, and standard practices. (4) The child-to-staff ratios. (5) The staff qualifications
and proof of training. (6) Proof of the implementation...
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16-40-9
f. The Senate Education and Youth Affairs Committee Chair, or his or her designee. (3) The
task force shall make recommendations for decreasing the incidence of sexual abuse of children
in this state. In making recommendations, the task force shall do all of the following: a.
Gather information regarding sexual abuse of children throughout the state. b. Receive related
reports and testimony from individuals, state and local agencies, community-based organizations,
and other public and private organizations. c. Create goals for state education policy
that would enhance the prevention of sexual abuse of children. d. Create goals for other areas
of state policy that would enhance the prevention of sexual abuse of children. e. Submit a
report with its recommendations to the Governor and the Legislature by December 31, 2015.
(4) Recommendations by the task force may include proposals for specific statutory changes
and methods to foster cooperation among state agencies and between the...
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26-24-3
the age of 19. (2) Serving as a liaison between the Governor and state agencies providing programs
or services for children. (3) Educating and informing legislators and other elected officials
about issues affecting children. (4) Coordinating local effort by creating a network of existing
local and community groups and advocates dedicated to children to enable beneficial organizations
throughout the state to assist and educate each other. (5) Actively seeking and applying for
federal and private grants to fund children's programs. (6) Establishing a repository
for information on programs other than education programs offered by the Department of Education
for K-12 in Alabama, which offer services for, or are for the benefit of, or in any way affect
Alabama's children, including, but not limited to, the Department of Human Resources, the
Department of Mental Health, Rehabilitation Services, the Department of Public Health, the
Department of Youth Services, the Children's Trust Fund,...
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