Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-46 - CRIMINAL HISTORY BACKGROUND INFORMATION CHECKS › Section 660-5-46-.08 - Responsibilities Of The Department Of Public Safety And The Department Of Human Resources

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 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. The Department of Public Safety shall
			 provide a criminal history background check within a reasonable time of the
			 receipt of the request. National criminal history background checks shall be
			 requested by the Department of Public Safety from the Federal Bureau of
			 Investigation within a reasonable time of the request. The Department of Public
			 Safety, upon receipt of the criminal history background report from the Federal
			 Bureau of Investigation, shall forward the report to the Department of Human
			 Resources within a reasonable period.
(2) Criminal history background information
			 reports shall be sent directly from the Department of Public Safety to the
			 Department of Human Resources within a reasonable time from the receipt of the
			 report from the Federal Bureau of Investigation. A copy of a criminal history
			 report from the Department of Public Safety and Federal Bureau of Investigation
			 shall be sent by the Department of Human Resources to the applicant or employee
			 by certified mail or personal service. The Department of Human Resources shall
			 review the criminal history record information report and determine whether the
			 applicant, employee, or volunteer meets the suitability criteria for employment
			 or licensure based on the criminal history background information check. The
			 Department of Human Resources shall issue a written suitability determination
			 to the applicant or employee and to the licensing entity or chief executive
			 officer of the child care facility or adult care facility requesting the
			 criminal history background information check. The Department of Public Safety
			 shall notify the Department of Human Resources of a subsequent conviction, or
			 convictions entered into the automated system subsequent to the initial report,
			 for a crime committed on an individual for whom a criminal history background
			 information report has been sent. The Department of Human Resources shall
			 include the conviction in an amended or subsequent suitability
			 determination.
(3) A person may
			 contest the accuracy or completeness of the Alabama criminal history background
			 information check pertaining to him or her with the Department of Public Safety
			 according to procedures established by that agency. The person or his or her
			 legal counsel may review at the Department of Human Resources a copy of the
			 Alabama criminal history background information report from the Department of
			 Public Safety. If, upon review by the Department of Public Safety, the
			 information is determined to be incorrect or incomplete, the information shall
			 be corrected appropriately, and the Department of Human Resources shall be
			 provided with the corrected information.
(4) The Department of Human Resources shall
			 issue a suitability determination and maintain a confidential file on
			 individuals for whom a criminal history background information report or report
			 updates have been received. The Department of Human Resources may issue a
			 suitability determination based upon the criminal history report on file
			 without the requirement of a new criminal history background information check.
			 If no report or if only an incomplete criminal history report can be located in
			 the files of the Department of Human Resources, the individual shall be
			 required to submit to a new criminal history background information
			 check.
(5) Within 30 days of the
			 date of notification, an individual determined unsuitable for approval,
			 licensure, employment, or volunteer work by the Department of Human Resources
			 based upon a disqualifying conviction may request in writing reversal of the
			 determination of unsuitability if the conviction is not for a sex crime or a
			 crime committed against a child, an elderly individual, or an individual with
			 disabilities. An individual with a conviction excluded by federal law from
			 being approved as a foster or adoptive parent, as any other child care or adult
			 care provider, or volunteer may not be considered for reinstatement. In the
			 case of a felony conviction, 10 years shall have lapsed since the sentence was
			 served or the probation or parole ended, whichever is later, with no subsequent
			 conviction. In the case of a misdemeanor conviction, five years shall have
			 lapsed since the sentence was served, or the probation or parole ended,
			 whichever is later, with no subsequent conviction. The individual shall
			 affirmatively demonstrate to the Department of Human Resources successful
			 rehabilitation by clear and convincing evidence. In determining whether an
			 individual has affirmatively demonstrated successful rehabilitation, all of the
			 following shall be considered:
(a) Nature and
			 responsibility of the position which the convicted person would hold or has
			 held.
(b) Nature and seriousness of
			 the offense committed.
(c)
			 Circumstances under which the offense occurred.
(d) Date of the offense.
(e) Age of the person when the offense was
			 committed.
(f) Whether the offense
			 was an isolated or repeated incident.
(g) Social conditions which may have
			 contributed to the offense.
(h) An
			 available probation or parole record, report, or recommendation.