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26-10D-3
Section 26-10D-3 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) ADVERSE ACTION. With respect to a child placing agency, any action
that materially alters the license under a state program, including any of the following:
a. Taking an enforcement action against the entity. b. Refusing to issue a license. c. Refusing
to renew a license. d. Revoking a license. e. Suspending a license (2) CHILD PLACING AGENCY.
A private child-care facility which receives no federal or state funds and which receives,
places, or arranges for the placement of any child or children in adoptive or foster family
homes apart from the custody of the child's or children's parents, in accordance with the
Alabama Child Care Act of 1971, Chapter 7, Title 38. (3) CHILD PLACEMENT SERVICE. The placement
of any child or children for adoption in an adoptive home or in a foster home, apart from
the custody of the child's or children's parents. (Act 2017-213, ยง3.)...
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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have the
following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE FACILITY.
A person or entity holding a Department of Human Resources license or approval or certification
to provide care, including foster care, for adults. (3) APPLICANT. A person or entity who
submits an application for license as a child care or adult care facility to the Department
of Human Resources or a child placing agency, or an application for employment or for a volunteer
position to a Department of Human Resources licensed child care or adult care facility. With
regard to child care and adult care facilities in a home setting, the term includes an adult
household member whose residence is in the home. The term also includes an individual who
submits an application for a volunteer position or for employment with the Department of Human
Resources in a position in which the person has unsupervised...
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38-13-4
Section 38-13-4 Mandatory criminal history check notice; suitability determinations; checks
on subsequent activity. (a) Every employer, child care facility, adult care facility, the
Department of Human Resources, and child placing agency required to obtain a criminal history
background information check pursuant to this chapter shall obtain, prior to or upon the date
of employment, or issuance of a license or approval or renewal thereof, and maintain in the
agency or personnel file, a request with written consent for the criminal history background
information check and a 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 the same as or similar to the following:
(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history
background information check be conducted on all persons who hold 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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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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38-7-3
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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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be dependent,
the juvenile court may make any of the following orders of disposition to protect the welfare
of the child: (1) Permit the child to remain with the parent, legal guardian, or other legal
custodian of the child, subject to conditions and limitations as the juvenile court may prescribe.
(2) Place the child under protective supervision under the Department of Human Resources.
(3) Transfer legal custody to any of the following: a. The Department of Human Resources.
b. A local public or private agency, organization, or facility willing and able to assume
the education, care, and maintenance of the child and which is licensed by the Department
of Human Resources or otherwise authorized by law to receive and provide care for the child.
c. A relative or other individual who, after study by the Department of Human Resources, is
found by the juvenile court to be qualified to receive and care for the...
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34-27-36
Section 34-27-36 Disciplinary action - Generally. (a) The commission or its staff may on its
own, or on the verified complaint in writing of any person, investigate the actions and records
of a licensee. The commission may issue subpoenas and compel the testimony of witnesses and
the production of records and documents during an investigation. If probable cause is found,
a formal complaint shall be filed and the commission shall hold a hearing on the formal complaint.
The commission shall revoke or suspend the license or impose a fine of not less than one hundred
dollars ($100) nor more than two thousand five hundred dollars ($2,500), or both, or reprimand
the licensee in each instance in which the licensee is found guilty of any of the following
acts set out in this section. The commission may revoke or suspend a license until such time
as the licensee has completed an approved continuing education course and/or made restitution
to accounts containing funds to be held for other...
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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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26-10D-2
Section 26-10D-2 Legislative findings. The Legislature finds all of the following: (1) Alabama
provides state licensed child placing services through various state, charitable, religious,
and private organizations. (2) Religious organizations, in particular, have a lengthy and
distinguished history of providing child placing services that predate government involvement.
(3) Religious organizations have long been licensed and should continue to contract with and
be licensed by the state to provide child placing services. (4) The faith of the people of
the United States has always played a vital role in efforts to serve the most vulnerable,
and this chapter seeks to ensure that people of any faith, or no faith at all, are free to
serve children and families who are in need in ways consistent with the communities that first
inspired their service. (5) Religious organizations display particular excellence when providing
child placing services. (6) Religious organizations cannot provide...
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