Code of Alabama - Title 38: Public Welfare - Chapter 13 - Criminal Background Checks on Persons Responsible for Children, Elderly, and Disabled

• Section 38-13-1 Legislative findings and intent
  Under the National Child Protection Act of 1993, Public Law 103-209, 42 U.S.C. § 5119, et seq., the states are permitted to implement a computerized...
• 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...
• 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...
• 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...
• Section 38-13-5 Additional requirements
  (a) An applicant, licensee, volunteer, or employee, upon request, shall submit the following items: (1) Two functional, acceptable fingerprint cards, bearing the fingerprints of the...
• 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. §...
• 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...
• Section 38-13-8 Confidentiality and disclosure of reports
  (a) All reports of criminal history background information received by the Department of Human Resources from the Department of Public Safety shall be confidential and...
• Section 38-13-9 Violations
  (a) A person convicted of the following actions under this chapter shall be guilty of a Class A misdemeanor: (1) Violating the confidentiality of records....
• Section 38-13-10 No cause of action established; immunity not waived
  Nothing in this chapter is intended to create or establish new causes of action in any court. Nothing in this chapter shall be construed as...
• Section 38-13-11 Disposition of fees
  All fees received by the Department of Public Safety for criminal history background information checks conducted pursuant to this chapter shall be deposited to the...
• Section 38-13-12 Construction
  This chapter is supplementary and shall be construed in pari materia with other laws; provided, however, that to the extent that this chapter specifically conflicts...

Last modified: May 3, 2021