Section 38-13-5 – Additional Requirements.
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 individual, properly executed by a law enforcement agency or individual properly trained in fingerprinting techniques. (2) Written consent authorizing the release of any criminal history background […]
Section 38-14-9 – Administration of Accounts.
Section 38-14-9 Administration of accounts. (a) Subject to rules promulgated by the department, a fiduciary organization has sole authority over, and responsibility for, the administration of individual development accounts. The responsibility of the fiduciary organization extends to all aspects of the account program, including marketing to all eligible individuals and families, soliciting matching funds, counseling […]
Section 38-13-6 – Fees.
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 […]
Section 38-14-10 – Eligibility for Means-Tested Public Benefits.
Section 38-14-10 Eligibility for means-tested public benefits. (a) An account owner’s savings and matching funds shall not affect his or her eligibility for any means-tested public benefits, including, but not limited to, Medicaid, state children’s health insurance programs, TANF, Supplemental Nutrition Assistance Program, supplemental security income, or government-subsidized foster care and adoption payments, and child […]
Section 38-13-7 – Duties of Departments of Public Safety and Human Resources; Review of Determinations.
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. […]
Section 38-14-11 – Funding.
Section 38-14-11 Funding. The department shall not be obligated to fund individual development parallel accounts or be obligated to enter into contracts with fiduciary organizations unless the Legislature appropriates funding to the department for the establishment of an Individual Development Account Program, nor shall the department be obligated to spend funds on an Individual Development […]
Section 38-13-8 – Confidentiality and Disclosure of Reports.
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 marked confidential with no further disclosure and shall not be made available for public inspection. (b) All criminal history background information reports shall […]
Section 38-15-1 – Short Title.
Section 38-15-1 Short title. This chapter shall be known and may be cited as the Alabama Youth Residential Facility Abuse Prevention Act. (Act 2017-374, §1.)
Section 38-13-9 – Violations.
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. (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 […]
Section 38-13-10 – No Cause of Action Established; Immunity Not Waived.
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 a waiver of any sovereign or qualified immunity. (Act 2000-775, p. 1775, §10.)