Code of Alabama

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26-1-4
Section 26-1-4 Alabama State Law Enforcement Agency to provide criminal conviction information
on applicants for positions involving child care and treatment; such information to be confidential;
applicant to be denied status if has felony conviction; children may be removed from home.
(a) Notwithstanding any other provisions of law to the contrary, upon request to the Alabama
State Law Enforcement Agency, by the Department of Human Resources, or by any other youth
service agency approved by the department, such center shall provide information to the department
or an approved agency concerning the felony criminal conviction record in this or another
state of an applicant for a paid or voluntary position, including one established by contract,
whose primary duty is the care or treatment of children, including applicants for adoption
or foster parents. All information, including any criminal conviction record, procured by
the department or an approved agency shall be confidential and...
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12-15-215
Section 12-15-215 Disposition of delinquent children or children in need of supervision generally.
(a) If the juvenile court finds on proof beyond a reasonable doubt, based upon competent,
material, and relevant evidence, that a child committed the acts by reason of which the child
is alleged to be delinquent or in need of supervision, it may proceed immediately to hear
evidence as to whether the child is in need of care or rehabilitation and to file its findings
thereon. In the absence of evidence to the contrary, a finding that the child has committed
an act which constitutes a felony is sufficient to sustain a finding that the child is in
need of care or rehabilitation. If the juvenile court finds that the child is not in need
of care or rehabilitation, it shall dismiss the proceedings and discharge the child from any
detention or other temporary care theretofore ordered. If the juvenile court finds that the
child is in need of care or rehabilitation, it may make any of the...
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12-15-502
Section 12-15-502 Referral of multiple needs child case to county team. After the filing of
a petition alleging that a child is delinquent, dependent, or in need of supervision, or after
the filing of a petition seeking mental commitment of a minor or child pursuant to Article
4, the juvenile court, on its own motion or motion of a party, may refer the above-referenced
child to the county team for recommendation if the petition alleged or evidence reveals to
the juvenile court that the child may be a multiple needs child. If the case involves a child
in need of supervision, or a status offender as defined in subdivision (4) of Section 12-15-201,
who is at imminent risk of being placed in the legal or physical custody of the Department
of Human Resources, the juvenile court shall refer the case to the county team. This referral
may occur prior to any hearing, or the juvenile court may suspend proceedings during the hearing
or prior to disposition to review the findings and...
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16-22A-10
Section 16-22A-10 Confidentiality of information. (a)(1) Any criminal history background information
reports received by the State Department of Education from the Department of Public Safety
shall be confidential, conspicuously marked as confidential, and not further disclosed or
made available for public inspection. (2) Any criminal history background information report
received by a local employing board from the State Department of Education shall be confidential,
conspicuously marked as confidential, and not further disclosed or made available for public
inspection. (b) All criminal history background information reports are specifically excluded
from any requirement of public disclosure as a public record as the Legislature finds these
documents to be sensitive personnel records. (c) Transmittal of any criminal history background
information at any time shall be accomplished in a nontransparent package, sealed, and marked
confidential with instructions to be opened only by the...
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26-17-313
Section 26-17-313 Release of information. The affidavit of paternity shall be considered a
confidential record and access shall be available in the same manner as birth records. The
affidavit of paternity shall not be subject to the provisions of Section 22-9A-12(c) and shall
be released by the Office of Vital Statistics to the Department of Human Resources upon request
by the department and payment of any fee required by the Office of Vital Statistics for the
purpose of child support enforcement or any other lawful purpose without the necessity of
a court order. (Act 2008-376, p. 666, §2.)...
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30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following meanings:
(1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD. An unemancipated
individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION. A judgment,
decree, or other order of a court providing for the legal custody, physical custody, or visitation
with respect to a child. The term includes a permanent, temporary, initial, and modification
order. The term does not include an order relating to child support or other monetary obligation
of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in which legal custody,
physical custody, or visitation with respect to a child is at issue. The term includes a proceeding
for divorce, dissolution of marriage, legal separation, neglect, abuse, dependency, paternity,
termination of parental rights, or protection from domestic violence. The term does not include
a court proceeding involving juvenile...
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12-15-134
Section 12-15-134 Maintenance and inspection of law enforcement records. (a) Law enforcement
agencies shall take special precautions to ensure that law enforcement records and files concerning
a child will be maintained in a manner and pursuant to those safeguards that will protect
against disclosure to any unauthorized person, department, agency, or entity. Unless a charge
of delinquency is transferred for criminal prosecution pursuant to Section 12-15-203 or the
juvenile court otherwise orders in the interests of the child or of national security, the
law enforcement records and files with respect to the child shall not be open to public inspection
nor their contents disclosed to the public. (b) Law enforcement records and files described
in subsection (a) shall be open to inspection and copying by the following: (1) A juvenile
court having a child currently before it in any proceeding. (2) Personnel of the Department
of Human Resources, the Department of Youth Services, public and...
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16-22A-9
Section 16-22A-9 Collection and transfer of fingerprints, fees, and information. (a) Local
employing boards and other public authorized employers required to obtain criminal history
background information checks under this chapter shall collect and forward to the State Department
of Education, two complete acceptable sets of fingerprints, written consent, and nonrefundable
fee, when applicable, from applicants for certification, applicants for public employment,
or public current employees under review, who have or seek to have unsupervised access to
a child or children. (b) Nonpublic school employers shall voluntarily collect and forward
two complete acceptable sets of fingerprints, written consent, and nonrefundable fee, when
applicable, from applicants for nonpublic employment, nonpublic current employees, or nonpublic
current employees under review, who have or seek to have unsupervised access to a child or
children, to the Department of Public Safety to request a criminal history...
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30-6-8
Section 30-6-8 Disclosure of information. Information identifying individuals or facilities
received by the office, the circuit, any district attorney or his or her employees, the director,
or by authorized persons employed by or volunteering services to a domestic violence center,
through files, reports, inspection, or otherwise, is confidential and exempt from Section
36-12-40. Information about the location of domestic violence centers and facilities is confidential
and exempt from Section 36-12-40. Oral communications between a domestic violence victim and
an advocate and written reports and records concerning the victim may not be disclosed without
the written consent of the victim. This privilege does not relieve a person from any duty
imposed pursuant to Section 26-14-1 or Section 38-9-2. However, when cooperating with the
Department of Human Resources, the staff and volunteers of a domestic violence center shall
protect the confidentiality of other clients at the center. A...
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38-13-9
Section 38-13-9 Violations. (a) A person convicted of the following actions under this chapter
shall be guilty of a Class A misdemeanor: (1) Violating the confidentiality of records. (2)
Violating lawfully adopted policies pursuant to this chapter. (3) Knowingly, willfully, and
intentionally making or transmitting a false or misleading report or information concerning
past convictions as required under this chapter. (4) Knowingly, willfully, and intentionally
failing to report subsequent convictions as required by this chapter. (b) A person who knowingly
submits false information concerning past convictions on an application for employment or
other form required for disclosure of criminal convictions may be subject to loss of employment
and to the loss of any license issued by the Department of Human Resources or child placing
agency. (Act 2000-775, p. 1775, §9.)...
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