Code of Alabama

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38-15-2
Section 38-15-2 Legislative findings. The Legislature finds that there is a substantial need
to protect children and youth from abuse and neglect by persons entrusted with their physical
custody, and from persons or organizations that advertise, hold themselves out, or lead others
to believe that they will provide them with health, therapeutic, rehabilitative, or disciplinary
services, and from persons employed or exercising authority over them, and who they depend
upon to provide the basic necessities of life. The Legislature further finds that abuse and
neglect often take the form of the withholding of the basic necessities of life, including
food, water, shelter, clothing, and health care through an affirmative act or omission. It
is the intent of the Legislature to implement a baseline of registration and regulation requirements
for religious, faith-based, or church nonprofit, other nonprofit, and for profit affiliated
youth residential facilities and institutions that have...
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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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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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41-15B-2.2
Section 41-15B-2.2 Allocation of trust fund revenues. (a) For each fiscal year, beginning October
1, 1999, contingent upon the Children First Trust Fund receiving tobacco revenues and upon
appropriation by the Legislature, an amount of up to and including two hundred twenty-five
thousand dollars ($225,000), or equivalent percentage of the total fund, shall be designated
for the administration of the fund by the council and the Commissioner of Children's Affairs.
(b) For the each fiscal year, beginning October 1, 1999, contingent upon the Children First
Trust Fund receiving tobacco revenues, the remainder of the Children First Trust Fund, in
the amounts provided for in Section 41-15B-2.1, shall be allocated as follows: (1) Ten percent
of the fund shall be allocated to the Department of Public Health for distribution to one
or more of the following: a. The Children's Health Insurance Program. b. Programs for tobacco
control among children with the purpose being to reduce the consumption...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
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38-15-5
Section 38-15-5 Criminal background checks. Any employee, volunteer, or applicant for employment
or for a volunteer position at or with 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 or youth
in any organizational form or combination thereof defined by this section, or as defined by
the department, shall be subject to a criminal background investigation prior to having unsupervised
contact with the children in accordance with subdivision (1) of subsection (a) of Section
38-13-3. (Act 2017-374, ยง5.)...
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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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38-15-7
Section 38-15-7 Quarterly inspections; information provided to department; information provided
to parents, guardians, etc. (a) All youth residential facilities and organizations under this
section shall be subject to a quarterly inspection by the department or its designee at a
minimum and shall be responsible for providing necessary information as determined by the
department to ensure the safety and welfare of residents. All youth residential facilities
and organizations under this chapter shall provide at a minimum the following to the department
upon request: (1) The names of all children currently enrolled, registered, or housed at the
facility or program. (2) The names of all personnel currently employed or contracted for employment
for or at the facility, institution, or program. (3) The plan of operation, all written policies,
procedures, and standard practices. (4) The child-to-staff ratios. (5) The staff qualifications
and proof of training. (6) Proof of the implementation...
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16-40-9
Section 16-40-9 Instruction for avoiding child sexual abuse. (a)(1) The Legislature recognizes
that Erin Merryn was raped and molested for six and a half years by a neighbor and a family
member. She began a crusade her senior year of high school in 2004 to end the silence and
shame around sexual abuse. Erin's Law has been adopted in a number of states to help address
the problem of child sexual abuse. (2) The intent of Erin's Law is to shatter the silence
and stigma around child sexual abuse, and to educate children and empower them to recognize
and to report abuse. (3) The Legislature finds that without a specific initiative like Erin's
Law, schools generally fail to give young students adequate awareness and a voice in this
issue. (b) The Governor's Task Force on Prevention of Sexual Abuse of Children created under
subsection (c) shall adopt guidelines for a child sexual abuse prevention instructional program.
The guidelines shall: (1) Educate children in grades pre-kindergarten...
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26-24-3
Section 26-24-3 Duties of secretary. The duties of the secretary shall include, but not be
limited to, all of the following: (1) Advising the Governor and the Legislature in matters
relating to the coordination of services for children under the age of 19. (2) Serving as
a liaison between the Governor and state agencies providing programs or services for children.
(3) Educating and informing legislators and other elected officials about issues affecting
children. (4) Coordinating local effort by creating a network of existing local and community
groups and advocates dedicated to children to enable beneficial organizations throughout the
state to assist and educate each other. (5) Actively seeking and applying for federal and
private grants to fund children's programs. (6) Establishing a repository for information
on programs other than education programs offered by the Department of Education for K-12
in Alabama, which offer services for, or are for the benefit of, or in any way affect...
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