|
38-7-11
Section 38-7-11 Inspection of facilities. The department shall have the right and its authorized
representatives shall be afforded reasonable opportunity, to inspect any child-care facility
seeking a license or an approval or a six-month permit pursuant to this chapter, any child-care
facility seeking a renewal of a license or an approval or a six-month permit pursuant to this
chapter and any child-care facility which is operating under a license or an approval or a
six-month permit issued pursuant to this chapter. Such inspection shall include, but not be
limited to, premises, services, personnel, program, accounts and records, interviews with
agents and employees of the child-care facility being inspected and interviews with any child
or other person within the custody or control of said child-care facility. Such inspection
shall be made at any reasonable time, without prior notice, and as often as necessary to enforce
and administer the provisions of this chapter. It shall be the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-7-11.htm - 2K - Match Info - Similar pages
38-13-2
Place of abode, domicile, or dwelling with intention to remain permanently and continuously
or for an indefinite or uncertain length of time. (30) SEX CRIME. Includes any sex offense
listed in Section 15-20A-5. (31) SUITABILITY CRITERIA. a. Convictions for any of the following
crimes shall make an individual unsuitable for employment, volunteer work, approval, or licensure:
1. A violent offense as defined in Section 12-25-32. 2. A sex crime. 3. A crime that involves
the physical or mental injury or maltreatment of a child, the elderly, or an individual
with disabilities. 4. A crime committed against a child. 5. A crime involving the sale or
distribution of a controlled substance. 6. A crime or offense committed in another state or
under federal law which would constitute any of the above crimes in this state. b. Conviction
for any crime listed in the Adoption and Safe Families Act, 42 U.S.C. § 671(a)(20) shall
disqualify a person from being approved or continuing to be approved...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-13-2.htm - 11K - Match Info - Similar pages
38-7-10
Section 38-7-10 License to operate or conduct child-care facility - Investigation of operation
without license; report to attorney general for prosecution. Whenever the department is advised
or has reason to believe that any person, group of persons or corporation is operating a child-care
facility without a license or an approval or a six-month permit, it may make an investigation
to ascertain the fact. If it finds that the child-care facility is being operated or has operated
without a license or an approval or a six-month permit, it shall report the results of its
investigation to the Attorney General and to the appropriate district attorney for prosecution;
provided, however, that the department may delay in making said report to the Attorney General
for a reasonable period of time, not to exceed 60 days, in order to give the person, group
of persons or corporation operating the child-care facility reasonable opportunity to apply
for a license or an approval or a six-month permit,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-7-10.htm - 1K - Match Info - Similar pages
38-7-16
Section 38-7-16 Penalties; burden of proof of relationship. Any person, group of persons, association
or corporation who: (1) Conducts, operates or acts as a child-care facility without a license,
or a six-month permit or an approval to do so in violation of the provisions of this chapter;
(2) Makes materially false statements in order to obtain a license or permit; (3) Fails to
keep the records and make the reports provided under this chapter; (4) Advertises any service
not authorized by the license or permit held; (5) Publishes any advertisement in violation
of this chapter; (6) Receives within this state any child in violation of Section 38-7-15;
(7) Violates any other provision of this chapter or any reasonable rule or regulation adopted
and published by the department for the enforcement of the provisions of this chapter, shall
be guilty of a misdemeanor and shall be fined not less than $100.00 nor more than $1,000.00
or be imprisoned in the county jail not longer than one year,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-7-16.htm - 1K - Match Info - Similar pages
38-7-5
Section 38-7-5 License to operate or conduct child-care facility - Issuance and term; temporary
permits; provisional approval of home; preferential treatment of family members concerning
placement of children. (a) Licenses or approvals shall be issued in such form and manner as
prescribed by the department and are valid for two years from the date issued, unless revoked
by the department or voluntarily surrendered by the licensee, or by the child-care facility
designated on the notice of approval, provided, that the following occur: (1) Licenses or
approvals for boarding homes are valid for one year from the date of issuance, unless revoked
by the department, or by the licensed child-placing agency which issued the approval, or unless
voluntarily surrendered by the licensee or by the child-care facility designated on the notice
of approval. (2) Approvals for free homes shall continue in effect until notice of disapproval
is given by the department, or by the licensed child-placing...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-7-5.htm - 2K - Match Info - Similar pages
38-13-1
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 those persons who may inflict
physical or mental injury or abuse, sexual abuse or exploitation, or maltreatment or
other mistreatment upon children, the elderly, or individuals with disabilities. Therefore,
it is the intent of the Legislature to provide for the implementation of a system that allows
the Department of Human Resources, licensed child placing agencies, and child and adult care
facilities to ensure that current licensees, license and volunteer applicants, prospective
employees, current employees, and volunteers are suitable for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-13-1.htm - 2K - Match Info - Similar pages
12-15-314
care to participate in activities that are age or developmentally appropriate for the child
based on a reasonable and prudent parent standard, provided the activities are consistent
with provisions of any existing court order, individualized service plan, or promulgated policy
of the department that provides guidance to caregivers concerning the reasonable and prudent
parent standard. The guidance shall include factors for the caregiver to consider prior to
allowing a child to participate in age or developmentally appropriate normal childhood activities.
(2) A caregiver shall be immune from liability in a civil action to recover damages for injury,
death, or loss to person or property that results from a caregiver's decisions using a reasonable
and prudent parent standard. This subsection shall not be construed to remove or limit any
existing liability protection provided by law. (Act 2008-277, p. 441, §18; Act 2010-712,
p. 1744, §13; Act 2016-129, p. 290, §1; Act 2018-273, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-314.htm - 17K - Match Info - Similar pages
38-7-8
the facility requesting such report or reports and such person, firm or corporation fails or
refuses to submit such records for a period of 10 days; (5) Fail or refuse to submit to an
investigation by the department; (6) Fail or refuse to admit authorized representatives of
the department at any reasonable time for the purpose of investigation; (7) Fail to provide,
maintain, equip and keep in safe and sanitary condition premises established or used for child
care as required under standards prescribed by the department, or as otherwise required by
any law, regulation or ordinance applicable to such facility; (8) Refuse to display its license
or permit; or (9) Fail to maintain financial resources adequate for the satisfactory care
of children served in regard to upkeep of premises and provisions for personal care,
medical services, clothing, learning experience and other essentials in the proper care, rearing
and training of children. (Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §8.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-7-8.htm - 2K - Match Info - Similar pages
38-7-4
Section 38-7-4 License to operate or conduct child-care facility - Application; investigation;
application to operate foster family home may be made to licensed child-placing agency. Any
person, group of persons or corporation who or which receives children or arranges for care
or placement of one or more children unrelated to the operator shall apply for a license or
for approval to operate one of the types of child-care facilities defined in this chapter.
Application for such license or approval to operate a child-care facility shall be made to
the department in the manner and on forms prescribed by it. The department, upon receiving
such application, shall examine the premises of the child-care facility, including buildings,
equipment, furnishings and appliances thereof and shall investigate the persons responsible
for the care of children therein. If, upon such examination of the facility and investigation
of the persons responsible for care of children, the department is satisfied...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-7-4.htm - 2K - Match Info - Similar pages
38-13-4
or provides any misleading information on the statement is guilty of a Class A misdemeanor,
punishable by a fine of not more than two thousand dollars ($2,000) and imprisonment for not
more than one year. (2) Convictions for any of the following crimes shall make an individual
unsuitable for employment, volunteer work, approval, or licensure: "a. A violent offense
as defined in Section 12-25-32. "b. A sex crime as defined in Section 15-20A-5. "c.
A crime that involves the physical or mental injury or maltreatment of a child, the
elderly, or an individual with disabilities. "d. A crime committed against a child as
defined in Section 38-13-2. "e. A crime involving the sale or distribution of a controlled
substance. "f. A crime or offense committed in another state or under federal law which
would constitute any of the above crimes in this state. "g. Conviction for a crime listed
in the federal Adoption and Safe Families Act, pursuant to 42 U.S.C. Section 671(a)(20), shall
disqualify a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-13-4.htm - 9K - Match Info - Similar pages
|