Code of Alabama

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38-7-21
Section 38-7-21 Licensing of church, religious nonprofit entity, or religious nonprofit
school to operate as licensed day care center. A church, religious nonprofit entity, or religious
nonprofit school that has been operating a day care center or preschool program without a
license prior to March 21, 2018 that chooses to become a licensed day care center under this
chapter shall have 90 days from March 21, 2018 to come into compliance with all licensing
requirements of this chapter and related rules adopted by the department, except the church,
religious nonprofit entity, or religious nonprofit school shall not be required to meet minimum
standards for licensed day care centers or nighttime centers relating to physical building
design, size, and fixtures for existing construction. (Act 2018-278, ยง3.)...
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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section,
services performed for remuneration after December 31, 1977, including service in interstate
commerce, by: a. Any officer of a corporation; or b. Any individual who, under the usual common
law rules applicable in determining the employer-employee relationship, has the status of
an employee; or c. Any individual other than an individual who is an employee under paragraphs
a. or b. of this subdivision (1) who performs services for remuneration for any person: 1.
As an agent-driver or commission-driver engaged in distributing meat products, bakery products,
beverages (other than milk) or laundry or dry cleaning services for a principal; 2. As a traveling
or city salesman engaged upon a full-time basis in the solicitation on...
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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...
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34-13-1
Section 34-13-1 Definitions. (a) For purposes of this chapter, the following terms shall
have the following meanings: (1) ACCREDITED SCHOOL or COLLEGE OF MORTUARY SCIENCE. A school
or college approved by the Alabama Board of Funeral Service and which maintains a course of
instruction of not less than 48 calendar weeks or four academic quarters or college terms
and which gives a course of instruction in the fundamental subjects including, but not limited
to, the following: a. Mortuary management and administration. b. Legal medicine and toxicology
as it pertains to funeral directing. c. Public health, hygiene, and sanitary science. d. Mortuary
science, to include embalming technique, in all its aspects; chemistry of embalming, color
harmony; discoloration, its causes, effects, and treatment; treatment of special cases; restorative
art; funeral management; and professional ethics. e. Anatomy and physiology. f. Chemistry,
organic and inorganic. g. Pathology. h. Bacteriology. i. Sanitation...
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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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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...

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38-15-8
Section 38-15-8 Rulemaking authority; 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...
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15-20A-11
Section 15-20A-11 Adult sex offender - Prohibited residence locations, etc. (a) No adult
sex offender shall establish a residence or maintain a residence after release or conviction
within 2,000 feet of the property on which any school, childcare facility, or resident camp
facility is located unless otherwise exempted pursuant to Sections 15-20A-23 and 15-20A-24.
For the purposes of this section, a resident camp facility includes any place, area,
parcel, or tract of land which contains permanent or semi-permanent facilities for sleeping
owned by a business, church, or nonprofit organization used primarily for educational, recreational,
or religious purposes for minors and the location of the resident camp has been provided to
local law enforcement. Resident camp does not include a private residence, farm, or hunting
or fishing camp. (b) No adult sex offender shall establish a residence or maintain a residence
after release or conviction within 2,000 feet of the property on which his or...
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16-46-3
Section 16-46-3 Exemptions from chapter; records of private postsecondary institutions
ceasing operations. (a) This chapter shall not apply to any school offering instruction in
grades K-12, or any combination thereof, including any person in regard to the operation of
such K-12 school. (b) This chapter shall not apply to any of the following private postsecondary
institutions, including any person in regard to the operation of such private postsecondary
institution: (1) Schools operated on a nonprofit basis offering only courses or programs of
study which do not lead to an associate or baccalaureate degree and are limited in nature
to the performance of or preparation for the ministry of any established church, denomination,
or religion. (2) Courses conducted by employers exclusively for their employees and courses
conducted by labor unions exclusively for their members. (3) Schools, colleges, and universities
principally operated and supported by the State of Alabama or its political...
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38-15-3
Section 38-15-3 Definitions. For the purposes of this chapter, the following terms shall
have the following meanings: (1) CHILD. A person under the age of 18 years. (2) COMMUNITY
TREATMENT FACILITY FOR YOUTHS. A religious, faith-based, or church nonprofit, other nonprofit,
or for profit youth residential facility that provides mental health treatment services to
children in a group setting and that has the capacity to provide secure containment. (3) DEPARTMENT.
The State Department of Human Resources. (4) DIRECTOR. The Director of the State Department
of Human Resources. (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...
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