§ 38-13-1 Legislative findings and intent
§ 38-13-2 Definitions
§ 38-13-3 Criminal history background information check required for certain individuals; exemptions
§ 38-13-4 Mandatory criminal history check notice; suitability determinations; checks on subsequent activity
§ 38-13-5 Additional requirements
§ 38-13-6 Fees
§ 38-13-7 Duties of Departments of Public Safety and Human Resources; review of determinations
§ 38-13-8 Confidentiality and disclosure of reports
§ 38-13-9 Violations
§ 38-13-10 No cause of action established; immunity not waived
§ 38-13-11 Disposition of fees
§ 38-13-12 Construction

Terms Used In Alabama Code > Title 38 > Chapter 13 - Criminal Background Checks On Persons Responsible for Children, Elderly, and Disabled

  • adult: An individual 19 years of age and older. See Alabama Code 38-13-2
  • 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. See Alabama Code 38-13-2
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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. See Alabama Code 38-13-2
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • AUTOMATED SYSTEM: The computerized, automated fingerprint identification system (AFIS) maintained by the Alabama State Law Enforcement Agency that allows for a computer search of the in-state database for criminal history background check information maintained by the Alabama Criminal Justice Information Center (ACJIC). See Alabama Code 38-13-2
  • care: The provision of care, treatment, education, training, instruction, supervision, or recreation to children, adults, or individuals with disabilities. See Alabama Code 38-13-2
  • CARETAKER SETTING: A building, structure, or location, public or private property, or vehicle, utilized for or involved in the providing of care, education, training, instruction, or supervision of children, adults, or individuals with disabilities or transportation in connection with activity provided by a licensed, approved, or certified child or adult care facility. See Alabama Code 38-13-2
  • CHIEF EXECUTIVE OFFICER: The Commissioner of the Department of Human Resources, the director of a county department of human resources, or the head of an employer covered by this chapter, but not specifically enumerated. See Alabama Code 38-13-2
  • CHILD CARE FACILITY: A person or entity holding a Department of Human Resources license, permit, or approval to provide child care, including foster care, under Chapter 7. See Alabama Code 38-13-2
  • 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
  • commissioner: The Commissioner of the State Department of Human Resources. See Alabama Code 38-1-1
  • conviction: A determination of guilt as the result of a plea, including a plea of nolo contendere, or a trial. See Alabama Code 38-13-2
  • COUNTY DEPARTMENT: The department of human resources in each of the 67 counties. See Alabama Code 38-1-1
  • CRIMINAL HISTORY BACKGROUND INFORMATION CHECK: The review of any and all records containing any information collected and stored in the criminal record repository of the Federal Bureau of Investigation, the Alabama Criminal Justice Information Center, and the Alabama State Law Enforcement Agency involving an arrest or conviction by a criminal justice agency, including, but not limited to, child abuse crime information as defined by 42 U. See Alabama Code 38-13-2
  • current: An individual who is presently employed, licensed, or approved, or working as a volunteer on November 1, 2000. See Alabama Code 38-13-2
  • DAILY LIVING TASKS: Activities of daily living, including walking, working, learning, grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, transportation, managing money, maintaining a residence, writing, and using telephones, computers, and other automated communication devices. See Alabama Code 38-13-2
  • elderly: An individual 65 years of age or older. See Alabama Code 38-13-2
  • employee: An individual currently in the service of an employer for compensation, full-time or part-time, and employed by contract or at will, in which the employer has the authority to control the person in the material details of how work shall be performed and when compensation shall be provided. See Alabama Code 38-13-2
  • employer: An individual, person, group of persons, association, partnership, corporation, limited liability company or partnership, business, or other entity which hires employees, has volunteers, or contracts with others to provide personnel to work with or provide care to children, adults, or individuals with disabilities in a caretaker setting. See Alabama Code 38-13-2
  • ESSENTIAL FUNCTIONS: The fundamental, not merely marginal, job duties of the employment as determined by a written job description or the judgment of the employer. See Alabama Code 38-13-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • EXEMPT CARE FACILITY: A person or entity exempt by law from licensure by the Department of Human Resources, including adult care facilities. See Alabama Code 38-13-2
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • individual: A natural person. See Alabama Code 38-13-2
  • INDIVIDUAL WITH DISABILITIES: A person with a mental or physical impairment who requires assistance to perform one or more daily living tasks. See Alabama Code 38-13-2
  • Intestate: Dying without leaving a will.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • LAW ENFORCEMENT: The sheriff's department of a county or the police department of a municipality. See Alabama Code 38-13-2
  • 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
  • LICENSED SOCIAL WORKER: A social worker licensed by the Alabama State Board of Social Work Examiners to conduct family home studies and psychosocial assessments in adoptive or custody cases by court order or for treatment not otherwise required to conduct a criminal history check. See Alabama Code 38-13-2
  • licensee: Holder of a license or approval and an adult household member whose residence is in the home in regard to child care and adult care facilities in a home setting. See Alabama Code 38-13-2
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • REASONABLE SUSPICION: Belief by a prudent person that reasonable articulable grounds exist to suspect that the employee's past or present behavior should be reviewed to determine if such behavior or conduct bears upon the individual's fitness to teach or supervise or have responsibility for the safety and well-being of children, the elderly, or persons with disabilities as defined in this chapter. See Alabama Code 38-13-2
  • report: A written statement of criminal history background information. See Alabama Code 38-13-2
  • residence: Place of abode, domicile, or dwelling with intention to remain permanently and continuously or for an indefinite or uncertain length of time. See Alabama Code 38-13-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • SEX CRIME: Includes any sex offense listed in Section 15-20A-5. See Alabama Code 38-13-2
  • SUITABILITY DETERMINATION: A decision that an individual is or is not suitable for employment, volunteer work, or licensure based upon the existence of a prohibited criminal conviction. See Alabama Code 38-13-2
  • Testator: A male person who leaves a will at death.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • volunteer: An individual who provides services without an express or implied promise of compensation, but shall not include the parent, family member, legal custodian, or legal guardian of a child, the elderly, or disabled individual in care. See Alabama Code 38-13-2
  • WRITTEN CONSENT: A signed statement by the applicant or employee containing all of the following:

    a. See Alabama Code 38-13-2