Code of Alabama

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38-7-11
Section 38-7-11 Inspection of facilities. The department shall have the right and its authorized
representatives shall be afforded reasonable opportunity, to inspect any child-care facility
seeking a license or an approval or a six-month permit pursuant to this chapter, any child-care
facility seeking a renewal of a license or an approval or a six-month permit pursuant to this
chapter and any child-care facility which is operating under a license or an approval or a
six-month permit issued pursuant to this chapter. Such inspection shall include, but not be
limited to, premises, services, personnel, program, accounts and records, interviews with
agents and employees of the child-care facility being inspected and interviews with any child
or other person within the custody or control of said child-care facility. Such inspection
shall be made at any reasonable time, without prior notice, and as often as necessary to enforce
and administer the provisions of this chapter. It shall be the...
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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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38-7-10
Section 38-7-10 License to operate or conduct child-care facility - Investigation of operation
without license; report to attorney general for prosecution. Whenever the department is advised
or has reason to believe that any person, group of persons or corporation is operating a child-care
facility without a license or an approval or a six-month permit, it may make an investigation
to ascertain the fact. If it finds that the child-care facility is being operated or has operated
without a license or an approval or a six-month permit, it shall report the results of its
investigation to the Attorney General and to the appropriate district attorney for prosecution;
provided, however, that the department may delay in making said report to the Attorney General
for a reasonable period of time, not to exceed 60 days, in order to give the person, group
of persons or corporation operating the child-care facility reasonable opportunity to apply
for a license or an approval or a six-month permit,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-7-10.htm - 1K - Match Info - Similar pages

38-7-16
Section 38-7-16 Penalties; burden of proof of relationship. Any person, group of persons, association
or corporation who: (1) Conducts, operates or acts as a child-care facility without a license,
or a six-month permit or an approval to do so in violation of the provisions of this chapter;
(2) Makes materially false statements in order to obtain a license or permit; (3) Fails to
keep the records and make the reports provided under this chapter; (4) Advertises any service
not authorized by the license or permit held; (5) Publishes any advertisement in violation
of this chapter; (6) Receives within this state any child in violation of Section 38-7-15;
(7) Violates any other provision of this chapter or any reasonable rule or regulation adopted
and published by the department for the enforcement of the provisions of this chapter, shall
be guilty of a misdemeanor and shall be fined not less than $100.00 nor more than $1,000.00
or be imprisoned in the county jail not longer than one year,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-7-16.htm - 1K - Match Info - Similar pages

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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38-13-1
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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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-314.htm - 17K - Match Info - Similar pages

38-7-8
Section 38-7-8 License to operate or conduct child-care facility - Revocation or refusal to
renew license - Grounds. The department may revoke or refuse to renew the license or the approval
of any child-care facility or refuse to issue a full license to the holder of a six-month
permit should the license or the child-care facility designated on the notice of approval
or the holder of a six-month permit: (1) Consistently fail to maintain standards prescribed
and published by the department; (2) Violate the provisions of the license issued; (3) Furnish
or make any misleading or any false statements or report to the department; (4) Refuse to
submit to the department any reports or refuse to make available to the department any records
required by the department in making investigation of the child-care facility for licensing
purposes; provided, however, that the department shall not revoke or refuse to renew a license
in such case unless it has made written demand on the person, firm or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-7-8.htm - 2K - Match Info - Similar pages

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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38-13-4
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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