Code of Alabama

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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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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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22-19-161
Section 22-19-161 Definitions. In this article: (1) "Adult" means an individual
who is at least 18 years of age. (2) "Agent" means an individual: (A) authorized
to make health care decisions on the principal's behalf by a power of attorney for health
care; or (B) expressly authorized to make an anatomical gift on the principal's behalf by
any other record signed by the principal. (3) "Anatomical gift" means a donation
of all or part of a human body to take effect after the donor's death for the purpose of transplantation,
therapy, research, or education. (4) "Coroner" means an elected or appointed official
who determines, with the assistance of other forensic scientists and investigators, the cause,
manner, and circumstances surrounding death. (5) "Decedent" means a deceased individual
whose body or part is or may be the source of an anatomical gift. The term includes a stillborn
infant and, subject to restrictions imposed by law other than this article, a fetus. (6) "Disinterested...

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12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
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12-15-102
to the child or minor as is due an adult client. (6) DELINQUENT ACT. An act committed by a
child that is designated a violation, misdemeanor, or felony offense pursuant to the law of
the municipality, county, or state in which the act was committed or pursuant to federal law.
This term shall not apply to any of the following: a. An offense when committed by a child
16 or 17 years of age as follows: 1. A nonfelony traffic offense or water safety offense other
than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal
ordinance prohibiting the same conduct. 2. A capital offense. 3. A Class A felony. 4. A felony
which has as an element the use of a deadly weapon. 5. A felony which has as an element the
causing of death or serious physical injury. 6. A felony which has as an element the use of
a dangerous instrument against any person who is one of the following: (i) A law enforcement
officer or official. (ii) A correctional officer or official. (iii) A parole or...
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34-2A-13
Section 34-2A-13 Disciplinary actions; review. (a) The board may discipline its licensees
by the adoption and collection of administrative fines, not to exceed five thousand dollars
($5,000) per violation, and may institute any legal proceedings necessary to effect compliance
with this chapter. (b) The license of any person practicing or offering to practice assisted
living administration may be revoked or suspended by the board, or the person may be reprimanded,
censured, or otherwise disciplined in accordance with the provisions of this section
upon decision and after due hearing in any of, but not limited to, the following cases: (1)
Upon proof that the person has willfully or repeatedly violated any of the provisions of this
chapter or the rules enacted in accordance with this chapter. (2) Conduct or practices deemed
to be detrimental to the lives, health, safety, or welfare of the residents or patients of
any assisted living facility or health care facility in this state or any...
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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall
have the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense.
(2) CHILD. A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed
child daycare center, a licensed childcare facility, or any other childcare service that is
exempt from licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous
that a reasonable person should know or recognize its location or its address has been provided
to local law enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a
trial, a plea of guilty, a plea of nolo contendere, or an Alford plea regardless of whether
adjudication was withheld. Conviction includes, but is not limited to, a conviction in a United
States territory, a conviction in a federal or military tribunal, including a court martial
conducted by the Armed Forces of the United States, a conviction for an offense committed...

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