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 38-15-2 – Legislative Findings.

Section 38-15-2 Legislative findings. The Legislature finds that there is a substantial need to protect children and youth from abuse and neglect by persons entrusted with their physical custody, and from persons or organizations that advertise, hold themselves out, or lead others to believe that they will provide them with health, therapeutic, rehabilitative, or disciplinary […]

Section 38-15-3 – Definitions.

Section 38-15-3 Definitions. For the purposes of this chapter, the following terms shall have the following meanings: (1) CHILD. A person under the age of 18 years. (2) COMMUNITY TREATMENT FACILITY FOR YOUTHS. A religious, faith-based, or church nonprofit, other nonprofit, or for profit youth residential facility that provides mental health treatment services to children […]

Section 38-15-4 – Registration of Certain Youth Residential Institutions or Organizations; Staff Training Plans; Rights of Children; Licensing and Inspection of Food Preparation Areas; Access by Law Enforcement Agencies.

Section 38-15-4 Registration of certain youth residential institutions or organizations; staff training plans; rights of children; licensing and inspection of food preparation areas; access by law enforcement agencies. (a) Commencing on January 1, 2018, the department shall register any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated youth residential facility, youth social […]

Section 38-15-5 – Criminal Background Checks.

Section 38-15-5 Criminal background checks. Any employee, volunteer, or applicant for employment or for a volunteer position at or with any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated youth residential facility, youth social rehabilitation facility, community treatment facility for youths, youth transitional care facility, long term youth residential facility, private alternative […]

Section 38-15-6 – Fees.

Section 38-15-6 Fees. (a)(1) The department may charge a fee for the registration. The fee may be set by rule of the department and may be based on the type of facility and the capacity of the facility. After the initial registration approval, the department may charge a renewal fee annually on each anniversary of […]

Section 38-15-7 – Quarterly Inspections; Information Provided to Department; Information Provided to Parents, Guardians, Etc.

Section 38-15-7 Quarterly inspections; information provided to department; information provided to parents, guardians, etc. (a) All youth residential facilities and organizations under this section shall be subject to a quarterly inspection by the department or its designee at a minimum and shall be responsible for providing necessary information as determined by the department to ensure […]

Section 38-15-8 – Rulemaking Authority; Authority of Department to Act in Loco Parentis; Registration Approval Required; Performance of Services in Accordance With Religious Beliefs.

Section 38-15-8 Rulemaking authority; authority of department to act in loco parentis; registration approval required; performance of services in accordance with religious beliefs. (a) On or before January 1, 2018, the department shall adopt rules to implement this chapter, in consultation with interested parties, including representatives of any institution with any combination of organizational characteristics […]

Section 38-15-9 – Construction of Chapter.

Section 38-15-9 Construction of chapter. This chapter shall not be interpreted to supersede any other law requiring the reporting or investigation of child abuse or neglect. (Act 2017-374, §9.)