reglab/housing_qa huggingface dataset:
AL Code § 38-13-1 (2021)
2021 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.

Section 38-13-1Legislative 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 information system to provide child abuse crime information through the Federal Bureau of Investigation National Criminal History Record Information System. The states may conduct a nationwide criminal history background check for the purpose of determining whether an individual who shall have unsupervised access to children, the elderly, or individuals with disabilities has been convicted of a crime that bears upon the fitness of the individual to provide care to or have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities as defined in this chapter. The Legislature finds that there is an important state interest and it is in the best interest of the children, the elderly, and individuals with disabilities of Alabama to protect them from those persons who may inflict physical or mental injury or abuse, sexual abuse or exploitation, or maltreatment or other mistreatment upon children, the elderly, or individuals with disabilities. Therefore, it is the intent of the Legislature to provide for the implementation of a system that allows the Department of Human Resources, licensed child placing agencies, and child and adult care facilities to ensure that current licensees, license and volunteer applicants, prospective employees, current employees, and volunteers are suitable for employment, to perform volunteer work, or to hold a license, permit, approval, or certification and have not been convicted of a crime that bears upon their fitness to provide care or have responsibility for the safety or well-being of children, the elderly, or individuals with disabilities as defined in this chapter. (Act 2000-775, p. 1775, §1.)
AL Code § 38-13-5 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 13 - Criminal Background Checks on Persons Responsible for Children, Elderly, and Disabled.|Section 38-13-5 - Additional Requirements.

Section 38-13-5Additional 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 information to the Department of Human Resources. (3) A written statement signed by the applicant, volunteer, or employee indicating whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions. The statement shall include a notice and questionnaire in the form required in subsection (a) of Section 38-13-4. (4) The fee of an applicant. (b) An applicant, licensee, volunteer, or employee shall notify the prospective or current employer, licensing agency, or entity for whom volunteer work is being performed of any criminal convictions occurring subsequent to the date of completion of the notice in Section 38-13-4. (Act 2000-775, p. 1775, §5.)
AL Code § 38-13-6 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 13 - Criminal Background Checks on Persons Responsible for Children, Elderly, and Disabled.|Section 38-13-6 - Fees.

Section 38-13-6Fees. (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 32-2-61, of Title 32, for the cost of processing the request. The Department of Public Safety shall charge no larger fee for requests than charged for requests received from those entities. The fee charged for criminal history background information checks shall not exceed the statutory and regulatory amounts set under existing guidelines and no additional administrative fees, except for the cost of mailings, shall be charged which would increase the cost of the criminal history background information check. (c) An applicant for employment shall be responsible for the cost of the criminal history background information check. An applicant shall not be required to pay the fee until the prospective employing entity is prepared to consider the applicant and request a criminal history background information check. The chief executive officer of the prospective employing entity may pay the fee of an applicant. (d) For any volunteer or applicant for a volunteer position, the fee for the criminal history background information check may be paid by the volunteer or by the entity requesting volunteer work. (e) An applicant for a license or approval shall pay the fee for the criminal history background information check at the time the application for the license is submitted; except as provided herein, the Department of Human Resources may pay the fee for adult and child foster care applicants and child adoption applicants. (f) For an employing entity that requests a criminal history background information check on a current employee, the employing entity shall pay the fee for the criminal history background information check. The employee may be required to pay the fee or a portion thereof provided there shall be no violation of federal minimum wage requirements. (g) A fee paid for which a criminal history background information check is not performed shall be refunded to the applicant, the individual, or the entity requesting the criminal history background information check. (Act 2000-775, p. 1775, §6.)
AL Code § 38-13-8 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 13 - Criminal Background Checks on Persons Responsible for Children, Elderly, and Disabled.|Section 38-13-8 - Confidentiality and Disclosure of Reports.

Section 38-13-8Confidentiality 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 be excluded from any requirement of public disclosure as a public record. (c) Without additional public disclosure, the following release of the criminal history background information report shall not be construed to violate this section: (1) Showing the report to the applicant or current employee. (2) Release of the report to a court of competent jurisdiction in the event of litigation brought by the applicant or employee. (3) Release of the report to a court of competent jurisdiction upon a finding that the information is material to the issues of the case before the court. (4) Use of the report in preparation, investigation, and presentation during a criminal prosecution, or in any administrative proceeding involving the challenge to a suitability determination, or revocation of a license or denial of an application for a license by the Department of Human Resources. (5) Release to anyone with the written consent of the employee or volunteer. (d) A person having access to criminal history background information reports and releasing the reports pursuant to this chapter shall be required to maintain a register consistent with the National Child Protection Act of 1993, Public Law 103-209, 42 U.S.C. §5119, et seq. (e) Nothing in this chapter shall be construed to prohibit the distribution of employment or licensing status information to an interested party. (Act 2000-775, p. 1775, §8.)
AL Code § 38-13-9 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 13 - Criminal Background Checks on Persons Responsible for Children, Elderly, and Disabled.|Section 38-13-9 - Violations.

Section 38-13-9Violations. (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 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.)
AL Code § 38-13-10 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 13 - Criminal Background Checks on Persons Responsible for Children, Elderly, and Disabled.|Section 38-13-10 - No Cause of Action Established; Immunity Not Waived.

Section 38-13-10No 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.)
AL Code § 38-13-11 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 13 - Criminal Background Checks on Persons Responsible for Children, Elderly, and Disabled.|Section 38-13-11 - Disposition of Fees.

Section 38-13-11Disposition 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 Public Safety Automated Fingerprint Identification System Fund, to be appropriated to and expended by the Department of Public Safety in accordance with Section 32-2-61.  (Act 2000-775, p. 1775, §11.)
AL Code § 38-13-12 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 13 - Criminal Background Checks on Persons Responsible for Children, Elderly, and Disabled.|Section 38-13-12 - Construction.

Section 38-13-12Construction. 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 with other laws pertaining to criminal history background information checks, this law shall take precedence. Nothing contained in this chapter shall be construed to diminish, reduce, or conflict with the authority of the Department of Human Resources to interpret and apply appropriate federal and state laws governing that agency and its programs. (Act 2000-775, p. 1775, §13.)
AL Code § 38-14-2 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 14 - Individual Development Account Program.|Section 38-14-2 - Establishment of Account.

Section 38-14-2Establishment of account.  A person who is eligible to become an individual development account owner may enter into an agreement developed with a fiduciary organization for the establishment of an individual development account. The agreement shall provide for the amount of the savings deposits, the match fund rate, the asset goal, and the financial literacy classes to be completed, any additional training specific to the asset, and financial counseling the individual will attend, as well as other services designed to increase the independence of the person through the achievement of the account's approved purpose. (Act 2011-641, p. 1626, §2.)
AL Code § 38-14-3 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 14 - Individual Development Account Program.|Section 38-14-3 - Matching Funds.

Section 38-14-3Matching funds.  Once the account owner has saved for a minimum of six months, has reached his or her savings goal, and has fulfilled all financial literacy education components in accordance with federal guidelines, the appropriate matching funds shall be transferred from the parallel account directly to the vendor or service provider of the approved asset. (Act 2011-641, p. 1626, §3.)
AL Code § 38-14-4 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 14 - Individual Development Account Program.|Section 38-14-4 - Withdrawals and Reimbursements.

Section 38-14-4Withdrawals and reimbursements.  (a) If an emergency occurs, an account owner may withdraw all or part of the account owner's deposits to an individual development account with the approval of the fiduciary organization. (b) The account owner shall reimburse his or her individual development account for the amount withdrawn under this section within 12 months after the date of the withdrawal. Failure of the account owner to make a timely reimbursement to the account will remove the account owner from the Individual Development Account Program. Until the reimbursement has been made in full, an account owner may not withdraw any matching funds or accrued interest on matching funds from the account. (c) If an account owner withdraws money from an individual development account for other than a qualified purpose, the fiduciary organization shall remove the account owner from the program. (Act 2011-641, p. 1626, §4.)
AL Code § 38-14-5 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 14 - Individual Development Account Program.|Section 38-14-5 - Financial Literacy Education.

Section 38-14-5Financial literacy education.  Before becoming eligible to receive matching funds to pay for qualified purposes, individual development account owners shall complete a financial literacy education course offered by a qualified financial institution, a qualified fiduciary organization, an Indian tribe, or a governmental entity in accordance with federal guidelines. (Act 2011-641, p. 1626, §5.)
AL Code § 38-14-6 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 14 - Individual Development Account Program.|Section 38-14-6 - Source of Deposits; Limitations on Deposits.

Section 38-14-6Source of deposits; limitations on deposits. (a) Deposits to individual development accounts made by the account owner shall come from earned income, including, but not limited to, wages, earned income tax credit returns, child support payments, supplemental security income (SSI), disability benefits, community service under TANF, AmeriCorps stipends, VISTA stipends, and job training programs. (b) Eligible individuals shall certify that their deposits do not exceed their income. A cap on deposits made by the account owner is set at two thousand dollars ($2,000). (Act 2011-641, p. 1626, §6.)
AL Code § 38-14-7 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 14 - Individual Development Account Program.|Section 38-14-7 - Exclusion From Gross Income.

Section 38-14-7Exclusion from gross income.  Money deposited into individual development accounts shall not be included in gross income for income tax purposes. Any amount withdrawn from a parallel account, matching funds, may not be includable in an eligible individual's gross income. Money withdrawn from an individual development account shall only be included in gross income if used for a purpose other than a qualified purpose. (Act 2011-641, p. 1626, §7.)
AL Code § 38-14-8 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 14 - Individual Development Account Program.|Section 38-14-8 - Selection of Fiduciary Organizations.

Section 38-14-8Selection of fiduciary organizations. The department shall select fiduciary organizations through competitive processes. In making the selections, the department may consider factors including, but not limited to, the following: (1) The ability of the fiduciary organization to implement and administer the individual development account program, including the ability to verify account owner eligibility, certify that matching funds are used only for qualified purposes, and exercise general fiscal accountability. (2) The capacity of the fiduciary organization to provide or raise matching funds for the deposits of account owners. (3) The capacity of the fiduciary organization to provide, or to arrange for the provisions of, financial counseling, financial literacy education and training specific to the assets the account owners will be purchasing, and other related services to account owners. (4) The links the fiduciary organization has to other activities and programs designed to increase the independence of this state's low-income households and individuals through education and training, home ownership, small business capitalization, and other asset-building programs. (5) The feasibility of the fiduciary organization's program design, including match rates and savings goals, to lead to asset purchase. (Act 2011-641, p. 1626, §8.)
AL Code § 38-14-9 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 14 - Individual Development Account Program.|Section 38-14-9 - Administration of Accounts.

Section 38-14-9Administration 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 account owners, providing financial literacy education, and conducting required verification and compliance activities. The fiduciary organization may establish program provisions as the organization believes necessary to ensure account owner compliance with this chapter. (b) A fiduciary organization may act in partnership with other entities, including businesses, government agencies, corporations, nonprofit organizations, community action programs, community development corporations, housing authorities and faith-based entities, to assist in the fulfillment of its responsibilities under this chapter. (c) A fiduciary organization may use a reasonable portion of money allocated by the Legislature to the Individual Development Account Program for administration, operation and research, and evaluation purposes. A fiduciary organization may not expend more than 15 percent of allocated funds for those purposes. (d) A fiduciary organization selected by the department to administer funds allocated by the State of Alabama for Individual Development Account purposes shall provide the department an annual report based on regularly collected data of the fiduciary organization's Individual Development Account Program activity. The report shall be filed not later than 90 days after the end of the fiscal year. The report shall include, but is not limited to, the following: (1) The number of individual development accounts administered by the fiduciary organization. (2) The amount of deposits and matching funds for each account. (3) The asset purchase goal of each account. (4) The number of withdrawals made. (5) Any other information the department may require for the purpose of determining whether the Individual Development Account Program is achieving the purposes for which it was established. (e) The department shall make all reasonable and necessary rules to ensure the fiduciary organization's compliance with this chapter. (f) Financial institutions holding individual development accounts, at a minimum, shall: (1) Keep the account in the name of the account owner. (2) Permit deposits to be made in the account. (3) Require the account to earn a market rate of interest. (4) Maintain the individual development accounts as fee free. (5) Permit the account owner, after obtaining the written authorization of the fiduciary organization, to withdraw money from the account for any qualified purpose. (Act 2011-641, p. 1626, §9.)
AL Code § 38-14-10 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 14 - Individual Development Account Program.|Section 38-14-10 - Eligibility for Means-Tested Public Benefits.

Section 38-14-10Eligibility 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 care or housing payments. (b) Funds deposited in individual development accounts shall not be counted as income, assets, or resources of the account owner for the purpose of determining financial eligibility for assistance or service pursuant to any federal, federally assisted, state, or municipal program based on need. (Act 2011-641, p. 1626, §10.)
AL Code § 38-14-11 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 14 - Individual Development Account Program.|Section 38-14-11 - Funding.

Section 38-14-11Funding.  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 Account Program above the amount appropriated by the Legislature for such a program. (Act 2011-641, p. 1626, §11.)
AL Code § 38-15-1 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 15 - Alabama Youth Residential Facility Abuse Prevention Act|Section 38-15-1 - Short Title.

Section 38-15-1Short title. This chapter shall be known and may be cited as the Alabama Youth Residential Facility Abuse Prevention Act. (Act 2017-374, §1.)
AL Code § 38-15-5 (2021)
2021 Code of Alabama|Title 38 - Public Welfare.|Chapter 15 - Alabama Youth Residential Facility Abuse Prevention Act|Section 38-15-5 - Criminal Background Checks.

Section 38-15-5Criminal 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 boarding school, private alternative outdoor program, and any organization entrusted with the residential care of children or youth in any organizational form or combination thereof defined by this section, or as defined by the department, shall be subject to a criminal background investigation prior to having unsupervised contact with the children in accordance with subdivision (1) of subsection (a) of Section 38-13-3. (Act 2017-374, §5.)