(a) A person convicted of the following actions under this chapter shall be guilty of a Class A misdemeanor:

Terms Used In Alabama Code 38-13-9

  • CHILD PLACING AGENCY: A person or entity licensed by the Department of Human Resources under Chapter 7, issuing approvals to foster family homes and adoptive homes. See Alabama Code 38-13-2
  • following: means next after. See Alabama Code 1-1-1
  • license: A license, permit, certification, approval, registration, or other form of permission required by law by whatever designation for a child care facility, adult care facility, child placing agency, foster parent or foster home, adoptive parent or adoptive home, or any other person or entity in which an individual has unsupervised access to children, the elderly, or individuals with disabilities. See Alabama Code 38-13-2
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • report: A written statement of criminal history background information. See Alabama Code 38-13-2

(1) Violating the confidentiality of records.

(2) Violating lawfully adopted policies pursuant to this chapter.

(3) Knowingly, willfully, and intentionally making or transmitting a false or misleading report or information concerning past convictions as required under this chapter.

(4) Knowingly, willfully, and intentionally failing to report subsequent convictions as required by this chapter.

(b) A person who knowingly submits false information concerning past convictions on an application for employment or other form required for disclosure of criminal convictions may be subject to loss of employment and to the loss of any license issued by the Department of Human Resources or child placing agency.

(Act 2000-775, p. 1775, §9.)