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16-22A-34
Section 16-22A-34 Satisfaction of contingencies; procedures. (a) The requirement to conduct
a criminal history background information check on public and nonpublic current employees
pursuant to this chapter is contingent upon the State Superintendent of Education determining
that sufficient funds have been appropriated by the Legislature or made available from another
source to fund such background checks and related procedures. The State Superintendent of
Education shall certify to each local employing board, each nonpublic school, the State Finance
Director, and the Code Commissioner when sufficient funds have been appropriated for use by
the State Department of Education for purposes of conducting background checks and related
procedures on public and nonpublic current employees. (b) Upon the satisfaction of contingencies
provided in subsection (a) and upon the State Superintendent of Education certifying in writing
to the State Board of Education and each authorized employer that...
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41-27-10
Section 41-27-10 Criminal history background checks on state employees and contractors requested
by state department or agency; policies. (a) Pursuant to the requirements of Public Law 92-544,
the states may conduct a nationwide criminal history background check on state employees and
contractors for the purpose of determining whether an employee or contractor who has access
to federal tax information has been convicted of a crime that would warrant denying the employee
or contractor access to the federal tax information. For the purposes of this section, federal
tax information includes tax return or tax return information received directly from the Internal
Revenue Service or obtained through an authorized secondary source. An authorized secondary
source shall not include official court records maintained by the Alabama Administrative Office
of Courts. A state department or agency shall require each applicant for a position of employment
with the department or agency and all current...
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32-2-60
Section 32-2-60 Definitions. When used in this article, the following terms have the following
meanings, respectively, unless the context clearly indicates a different meaning: (1) CRIMINAL
HISTORY INFORMATION. Information collected and stored in the criminal record repository of
the Department of Public Safety reflecting the result of an arrest, detention, or initiation
of a criminal proceeding by criminal justice agencies, including, but not limited to, arrest
record information, fingerprint cards, correctional induction and release information, identifiable
descriptions and notations of arrests, detentions, indictments, or other formal charges. The
term shall not include analytical records or investigative reports that contain criminal intelligence
information or criminal investigation information. (2) CRIMINAL JUSTICE AGENCY. Any municipal,
county, state, or federal agency whose personnel have power of arrest and who perform a law
enforcement function. This definition shall also...
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26-10C-1
Section 26-10C-1 Registration of putative fathers; notice of intent to claim paternity; release
of information. (a) The Department of Human Resources shall establish a putative father registry
which shall record the names, Social Security number, date of birth, and addresses of the
following: (1) Any person adjudicated by a court of this state to be the father of a child
born out of wedlock. (2) Any person who has filed with the registry before or after the birth
of a child born out of wedlock, a notice of intent to claim paternity of the child, which
includes the information required in subsection (c) below. (3) Any person adjudicated by a
court of another state or territory of the United States to be the father of a child born
out of wedlock, where a certified copy of the court order has been filed with the registry
by the person or any other person. (4) Any person who has filed with the registry an instrument
acknowledging paternity pursuant to Sections 26-11-1 to 26-11-3,...
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32-2-61
Section 32-2-61 Release of information and fees. (a) The director may open to any person for
inspection, copying, and mechanical reproduction, during the department's regular business
hours, criminal history information on any individual, if the individual has given written
permission for the release of the information to the requester and if the opening of the information
is not forbidden by order of any court of competent jurisdiction or by federal law. Any person
requesting criminal history information from the department must present to the department,
along with the request, a copy of the required written permission. (b) The director shall
establish and collect a nonrefundable fee for costs incurred by the department in providing
the requested criminal history information. The fee shall be $25.00. The proceeds shall be
deposited in the State Treasury to the credit of the Public Safety Automated Fingerprint Identification
System Fund, which is hereby created. All money deposited in...
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22-50-90
Section 22-50-90 Definitions. (a) When used in this article, the following words and terms
shall have the following meanings: (1) CRIMINAL HISTORY BACKGROUND INFORMATION. Any information
collected and stored in the criminal record repository of the Federal Bureau of Investigation
(FBI) reflecting the result of an arrest, detention, or initiation of a criminal proceeding
by criminal justice agencies, including, but not limited to, arrest record information, fingerprint
cards, correctional induction and release information, identifiable descriptions, and notations
of arrests, detention, indictments, or other formal charges. The term shall not include analytical
records or investigative reports that contain criminal intelligence information or criminal
investigation information. (2) DIRECT CARE PROVIDER. A psychiatrist, medical doctor, psychologist,
social worker, community service specialist, therapist, nurse, mental health worker, foster
care provider, police officer, and any other...
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16-22A-13
Section 16-22A-13 Liability. An authorized employer shall not be liable in any action for damages
solely for failure to conduct a criminal history background information check on an educational
employee pursuant to this chapter if such failure is due to reasonable time constraints of
background check backlogs, nor shall the state or political subdivision thereof, nor any agency,
officer, or employee thereof, be liable in any action for damages for the failure of a qualified
entity to take action adverse to an individual who was the subject of a criminal history background
information check. Neither the State Superintendent of Education, the State Department of
Education, nor any agent thereof shall be liable in civil court in an action for damages arising
out of any suitability determination. Nothing herein shall be construed as a waiver of any
sovereign or qualified immunity. (Act 99-361, p. 566, §13; Act 2002-457, p. 1171, §1.)...
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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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30-3-8
Section 30-3-8 Publication of delinquent obligor lists. (a) The Department of Human Resources,
Child Support Enforcement Division, may establish a program for the publication, in newspapers
with general circulation throughout the state, of a listing of 10 child support obligors in
any county who are delinquent in their support payments. Each publication shall display photographs
of and information about the 10 obligors in any county who are liable for support arrearages
and whose whereabouts are unknown to child support agencies. Each publication shall list a
toll-free telephone number for the division that may be called to report information regarding
the whereabouts of any of the obligors displayed in the publication. The department may include
any other information in the publication that it considers appropriate. (b) Prior to any publication
or public listing, the Department of Human Resources shall send to each obligor whose name
will be published pursuant to this section a notice...
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26-10A-31
Section 26-10A-31 Confidentiality of records, hearing; parties. (a) After the petition is filed
and prior to the entry of the final decree, the records in adoption proceedings shall be open
to inspection only by the petitioner or his or her attorney, the investigator appointed under
Section 26-10A-19, any attorney appointed for the adoptee under Section 26-10A-22, and any
attorney retained by or appointed to represent the adoptee. Such records shall be open to
other persons only upon order of court for good cause shown. (b) All hearings in adoption
proceedings shall be confidential and shall be held in closed court without admittance of
any person other than interested parties and their counsel, except with leave of court. (c)
After the final decree of adoption has been entered, all papers, pleadings, and other documents
pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld
from inspection except as otherwise provided in this section and in...
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