38-13-4
or provides any misleading information on the statement is guilty of a Class A misdemeanor,
punishable by a fine of not more than two thousand dollars ($2,000) and imprisonment for not
more than one year. (2) Convictions for any of the following crimes shall make an individual
unsuitable for employment, volunteer work, approval, or licensure: "a. A violent offense
as defined in Section 12-25-32. "b. A sex crime as defined in Section 15-20A-5. "c.
A crime that involves the physical or mental injury or maltreatment of a child, the
elderly, or an individual with disabilities. "d. A crime committed against a child as
defined in Section 38-13-2. "e. A crime involving the sale or distribution of a controlled
substance. "f. A crime or offense committed in another state or under federal law which
would constitute any of the above crimes in this state. "g. Conviction for a crime listed
in the federal Adoption and Safe Families Act, pursuant to 42 U.S.C. Section 671(a)(20), shall
disqualify 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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38-13-6
Section 38-13-6 Fees. (a) A nonrefundable fee to be paid for the criminal history background
information check shall conform to the guidelines promulgated pursuant to 42 U.S.C. § 5119,
the National Child Protection Act of 1993, and state law. (b) The Department of Public Safety
may charge a fee in the amount prescribed in Section 32-2-61, of Title 32, for the cost of
processing the request. The Department of Public Safety shall charge no larger fee for requests
than charged for requests received from those entities. The fee charged for criminal history
background information checks shall not exceed the statutory and regulatory amounts set under
existing guidelines and no additional administrative fees, except for the cost of mailings,
shall be charged which would increase the cost of the criminal history background information
check. (c) An applicant for employment shall be responsible for the cost of the criminal history
background information check. An applicant shall not be...
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38-13-2
Place of abode, domicile, or dwelling with intention to remain permanently and continuously
or for an indefinite or uncertain length of time. (30) SEX CRIME. Includes any sex offense
listed in Section 15-20A-5. (31) SUITABILITY CRITERIA. a. Convictions for any of the following
crimes shall make an individual unsuitable for employment, volunteer work, approval, or licensure:
1. A violent offense as defined in Section 12-25-32. 2. A sex crime. 3. A crime that involves
the physical or mental injury or maltreatment of a child, the elderly, or an individual
with disabilities. 4. A crime committed against a child. 5. A crime involving the sale or
distribution of a controlled substance. 6. A crime or offense committed in another state or
under federal law which would constitute any of the above crimes in this state. b. Conviction
for any crime listed in the Adoption and Safe Families Act, 42 U.S.C. § 671(a)(20) shall
disqualify a person from being approved or continuing to be approved...
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38-13-1
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 those persons who may inflict
physical or mental injury or abuse, sexual abuse or exploitation, or maltreatment or
other mistreatment upon children, the elderly, or individuals with disabilities. Therefore,
it is the intent of the Legislature to provide for the implementation of a system that allows
the Department of Human Resources, licensed child placing agencies, and child and adult care
facilities to ensure that current licensees, license and volunteer applicants, prospective
employees, current employees, and volunteers are suitable for...
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12-15-314
care to participate in activities that are age or developmentally appropriate for the child
based on a reasonable and prudent parent standard, provided the activities are consistent
with provisions of any existing court order, individualized service plan, or promulgated policy
of the department that provides guidance to caregivers concerning the reasonable and prudent
parent standard. The guidance shall include factors for the caregiver to consider prior to
allowing a child to participate in age or developmentally appropriate normal childhood activities.
(2) A caregiver shall be immune from liability in a civil action to recover damages for injury,
death, or loss to person or property that results from a caregiver's decisions using a reasonable
and prudent parent standard. This subsection shall not be construed to remove or limit any
existing liability protection provided by law. (Act 2008-277, p. 441, §18; Act 2010-712,
p. 1744, §13; Act 2016-129, p. 290, §1; Act 2018-273, §1.)...
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38-7-3
Section 38-7-3 License to operate or conduct child-care facility - Requirements; recordkeeping;
parental notifications, etc.; affidavits; inspections and investigations. (a) No person, group
of persons, or corporation may operate or conduct any facility for child care, as defined
in this chapter, without being licensed or approved as provided in this chapter. (b)(1) Except
as provided in subdivision (2), the licensure requirements of this chapter do not apply to
a child-care facility that is operating as an integral part of a local church ministry or
a religious nonprofit school, and is so recognized in the church or school's documents, whether
operated separately or as a part of a religious nonprofit school unit, secondary school unit,
or institution of higher learning under the governing board or authority of the local church
or its convention, association, or regional body to which it may be subject. (2) A child-care
facility that receives state or federal funds or is operating for...
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38-15-4
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 shall be afforded the following rights and any other rights adopted by the department
through rule, which shall be publicly posted and accessible to youth: a. To be afforded dignity
in his or her personal relationships with staff, youth, and other persons. b. To live
in a safe, healthy, and comfortable environment where he or she is treated with respect. c.
To be free from physical, sexual, emotional, or other abuse or corporal punishment. d. To
be granted a reasonable level of personal privacy in accommodations, personal
care and assistance, and visits. e. To confidential care of his or her records and personal
information, and to approve release of those records prior to the release of...
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16-22A-6
Section 16-22A-6 Request from schools for criminal history background information check. (a)
The State Department of Education, or other public authorized employer responsible for hiring
employees who will have unsupervised access to children in an educational setting, shall request
through the State Department of Education, that the Department of Public Safety secure from
both the Alabama Bureau of Investigation and Federal Bureau of Investigation a criminal history
background information check on each applicant for certification, certified applicant for
public employment, noncertified applicant for public employment, and public current employee
under review. (b) Any nonpublic school in which an individual may have unsupervised access
to children in an educational setting, shall through its duly authorized representative under
guidelines established by the nonpublic school employer, request that the Department of Public
Safety secure a state criminal history background information...
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