Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-46 - CRIMINAL HISTORY BACKGROUND INFORMATION CHECKS › Section 660-5-46-.04 - Criminal Records Checks Required

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Every employer, child care facility,
			 adult care facility, the Department of Human Resources, and child placing
			 agency shall request the Department of Public Safety to conduct a criminal
			 history background information check for the following:
(a) An employment applicant, employee or
			 volunteer of an employer, child care facility, adult care facility, or child
			 placing agency.
(b) A current
			 foster parent for a child or adult or adult household member of a foster family
			 or applicant and an adult household member of a foster family seeking approval
			 to operate as a foster parent or foster family home for a child placing agency
			 or the Department of Human Resources. No criminal history background
			 information check shall be conducted under this chapter on a current foster
			 parent or household member of a foster family if a Federal Bureau of
			 Investigation and Alabama Department of Public Safety criminal history
			 background information check has already been conducted under other law.
			 Subsequent convictions of foster parents, or convictions entered into the
			 automated system subsequent to the initial report, shall be sent by the
			 Department of Public Safety to the Department of Human Resources as provided in
			 this chapter.
(c) An applicant in a
			 position in the Department of Human Resources which requires unsupervised
			 access to children, the elderly, or individuals with disabilities as one of the
			 essential functions of the job. No current employee of the Department of Human
			 Resources shall be subjected to a criminal history background information check
			 except upon reasonable suspicion. Criminal history background checks shall be
			 required for prospective and current personnel under contract with the
			 Department of Human Resources or working with another entity under contract
			 with the Department of Human Resources, students, mentors, and volunteers in
			 positions requiring unsupervised access to children, the elderly, or persons
			 with disabilities as one of the essential functions of the job. The Department
			 of Human Resources shall pay any fees related to checks required pursuant to
			 this subdivision.
(d) A current
			 licensee or applicant for a license through the Department of Human Resources
			 to operate a child care or adult care facility.
(e) A parent applicant for a child adoptive
			 placement through the Department of Human Resources or child placing agency and
			 any Department of Human Resources or child placing agency approved adoptive
			 parent prior to entry of a final decree of adoption. No criminal history
			 background information check shall be conducted under this chapter on a current
			 adoptive parent or household member of an adoptive family if a Federal Bureau
			 of Investigation and Alabama Department of Public Safety criminal history
			 background information check has already been conducted under other law.
			 Subsequent convictions of adoptive parents, or convictions entered into the
			 automated system subsequent to the initial report, shall be sent by the
			 Department of Public Safety to the Department of Human Resources as elsewhere
			 provided in this chapter.