Code of Alabama

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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...
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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...
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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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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.)...
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16-44B-1
Commission may deem appropriate. The executive director shall serve as secretary to the Interstate
Commission, but shall not be a Member of the Interstate Commission. The executive director
shall hire and supervise such other persons as may be authorized by the Interstate Commission.
D. The Interstate Commission's executive director and its employees shall be immune from suit
and liability, either personally or in their official capacity, for a claim for damage to
or loss of property or personal injury or other civil liability caused or arising
out of or relating to an actual or alleged act, error, or omission that occurred, or that
such person had a reasonable basis for believing occurred, within the scope of Interstate
Commission employment, duties, or responsibilities; provided, that such person shall not be
protected from suit or liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person. 1. The liability of...
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38-7-6
Section 38-7-6 License to operate or conduct child-care facility - Renewal; reexamination;
renewal of approval of boarding home. (a) A licensed or approved child-care facility operating
under this chapter shall apply for renewal of its license or approval, the application to
be made to the department on forms prescribed by it; provided, however, that application for
renewal of approval of a boarding home may be made to the licensed child-placing agency which
issued the approval. (b) The department shall reexamine every child-care facility for renewal
of license or approval, including in that process, but not limited to, the examination of
the premises and records of the facility and the persons responsible for the care of children
as the department considers necessary to determine that minimum standards for licensing or
approval continue to be met; provided, however, that in the case of a boarding home approved
by a licensed child-placing agency, such reexamination may be made by said...
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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...
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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...
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38-7-2
Section 38-7-2 Definitions. Terms used in this chapter, unless the context otherwise requires,
have the meanings ascribed to them in this section. When not inconsistent with the context,
words used in the present tense include the future, words in the singular number include the
plural number, and words in the plural number include the singular number, and the word "shall"
is always mandatory and not merely directory: (1) CHILD. Any person under 19 years of age,
a person under the continuing jurisdiction of the juvenile court pursuant to Section 12-15-117,
or a person under 21 years of age in foster care as defined by the Department of Human Resources.
(2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD CARE. A child-care facility where more
than 10 children are received and maintained for the purpose of providing them with care or
training or both, or transitional living program services, but does not include: a. Any institution
for child care which is under the ownership or control,...
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38-15-4
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 shall be afforded the following rights and any other rights adopted by the department
through rule, which shall be publicly posted and accessible to youth: a. To be afforded dignity
in his or her personal relationships with staff, youth, and other persons. b. To live
in a safe, healthy, and comfortable environment where he or she is treated with respect. c.
To be free from physical, sexual, emotional, or other abuse or corporal punishment. d. To
be granted a reasonable level of personal privacy in accommodations, personal
care and assistance, and visits. e. To confidential care of his or her records and personal
information, and to approve release of those records prior to the release of...
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