Code of Alabama

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38-13-1
Section 38-13-1 Legislative findings and intent. Under the National Child Protection Act of
1993, Public Law 103-209, 42 U.S.C. ยง 5119, et seq., the states are permitted to implement
a computerized information system to provide child abuse crime information through the Federal
Bureau of Investigation National Criminal History Record Information System. The states may
conduct a nationwide criminal history background check for the purpose of determining whether
an individual who shall have unsupervised access to children, the elderly, or individuals
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...
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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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38-13-7
Section 38-13-7 Duties of Departments of Public Safety and Human Resources; review of determinations.
(a) Criminal history background information checks shall be performed by the Department of
Public Safety upon request by an employer, child care facility, adult care facility, or child
placing agency authorized to make a request, or the Department of Human Resources. The Department
of Public Safety shall provide a criminal history background check within a reasonable time
of the receipt of the request. National criminal history background checks shall be requested
by the Department of Public Safety from the Federal Bureau of Investigation within a reasonable
time of the request. The Department of Public Safety, upon receipt of the criminal history
background report from the Federal Bureau of Investigation, shall forward the report to the
Department of Human Resources within a reasonable period. (b) Criminal history background
information reports shall be sent from the Department of...
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38-9A-2
Section 38-9A-2 Individual and Family Support Program. (a) The Individual and Family Support
Program is created and shall be administered through a system of regional support councils
and their affiliated community councils and a state council. One regional support council
is created and incorporated as a private nonprofit corporation in each of the mental retardation
regions as defined by the Department of Mental Health. The regional support councils and their
affiliated community councils may receive and accept funds, real estate, and other items of
value from state agencies and other organizations, and enter into any necessary agreements
and contracts for the purposes of implementing this chapter. Councils may employ adequate
staff personnel including a state coordinator to implement the program. If staff personnel
are employed through a fiscal agent or other entity apart from the council, a memorandum of
understanding which defines the roles and responsibilities of the staff shall...
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32-1-1.1
Section 32-1-1.1 Definitions. The following words and phrases when used in this title, for
the purpose of this title, shall have meanings respectively ascribed to them in this section,
except when the context otherwise requires: (1) ALLEY. A street or highway intended to provide
access to the rear or side of lots or buildings in urban districts and not intended for the
purpose of through vehicular traffic. (2) ARTERIAL STREET. Any United States or state numbered
route, controlled-access highway, or other major radial or circumferential street or highway
designated by local authorities within their respective jurisdictions as part of a major arterial
system of streets or highways. (3) AUTHORIZED EMERGENCY VEHICLE. Such fire department vehicles,
police vehicles, and ambulances as are publicly owned, and such other publicly or privately
owned vehicles as are designated by the Secretary of the Alabama State Law Enforcement Agency
or the chief of police of an incorporated city. (4) BICYCLE....
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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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16-22A-3
Section 16-22A-3 Definitions. When used in this chapter only, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
APPLICANT. A certified or noncertified individual who submits an application for employment
to a local employing board or any nonpublic school, to act in any capacity in which the individual
will have unsupervised access to children in an educational environment. (2) APPLICANT FOR
CERTIFICATION. An individual who submits an application for certification issued by the State
Superintendent of Education. (3) AUTHORIZED EMPLOYER. Any educational entity authorized to
obtain criminal history background information, including the State Department of Education,
local employing boards, and nonpublic schools which are responsible for hiring employees or
contracting with private employers to provide personnel who have unsupervised access to children
in an educational setting. (4) CERTIFIED APPLICANT FOR EMPLOYMENT. A...
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16-22A-2
Section 16-22A-2 Legislative intent. Under the National Child Protection Act of 1993, Public
Law 103-209, 42 U.S.C. 5119, et seq., the states are required to implement a computerized
information system to provide child abuse crime information through the Federal Bureau of
Investigation National Criminal History Record Information System and may conduct a nationwide
criminal history background information check for the purpose of determining whether an individual
who will have unsupervised access to children is suitable for employment or has been convicted
of a crime that bears upon the fitness of the individual to teach or have responsibility for
the safety and well-being of children as defined in this chapter. The Legislature finds that
there is a compelling state interest and it is in the best interest of the children 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...
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