Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-46 - CRIMINAL HISTORY BACKGROUND INFORMATION CHECKS › Section 660-5-46-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
When used in this chapter, the following words shall have the
				following meanings:
(1) ADULT. An
			 individual 19 years of age and older.
(2) ADULT CARE FACILITY. A person or entity
			 holding a Department of Human Resources license or approval or certification to
			 provide care, including foster care for adults.
(3) APPLICANT. A person or entity who submits
			 an application for a license as a child care or adult care facility to the
			 Department of Human Resources or a child placing agency, or an application for
			 employment or for a volunteer position to a Department of Human Resources
			 licensed child care or adult care facility. With regards to child care and
			 adult care facilities in a home setting, the term includes an adult household
			 member whose residence is in the home. The term also includes an individual who
			 submits an application for a volunteer position or for employment with the
			 Department of Human Resources in a position in which the person has
			 unsupervised access to children, adults, or individuals with disabilities as
			 one of the essential functions of the job. The term also includes an applicant
			 for approval as an adoptive parent of a child or as a foster parent of an adult
			 or child.
(4) CARE. The provision
			 of care, treatment, education, training, instruction, supervision, or
			 recreation to children, adults, or individuals with disabilities.
(5) CARETAKER SETTING. A building, structure,
			 or location, public or private property, or vehicle, utilized for or involved
			 in the providing of care, education, training, instruction, or supervision of
			 children, adults, or individuals with disabilities or transportation in
			 connection with activity provided by a licensed, approved, or certified child
			 or adult care facility.
(6) CHIEF
			 EXECUTIVE OFFICER. The Commissioner of the Department of Human Resources, the
			 director of a county department of human resources, or the head of an employer
			 covered by this chapter, but not specifically enumerated.
(7) CHILD or CHILDREN. An individual under 19
			 years of age.
(8) CHILD CARE
			 FACILITY. A person or entity holding a Department of Human Resources license,
			 permit, or approval to provide child care, including foster care, under Chapter
			 7 of Title 38 of the
Code of Ala. 1975
. The term
			 excludes exempt child care facilities.
(9) CHILD PLACING AGENCY. A person or entity
			 licensed by the Department of Human Resources under Chapter 7 of Title 38 of
			 the
Code of Ala. 1975
, issuing approvals to foster
			 family homes and adoptive homes.
(10) CONVICTION. A determination of guilt as
			 the result of a plea, including a plea of nolo contendere, or a
			 trial.
(11) CRIMINAL INVOLVING
			 VIOLENCE. Crimes of murder, manslaughter, kidnapping, aggravated assault,
			 forcible sex offenses, robbery, arson, extortion, extortionate extension of
			 credit, and burglary of a dwelling. Other offenses are included as "crimes
			 involving violence" if (A) the offense has as element the use, attempted use or
			 threatened use of physical force against the person of another, or (B) the
			 conduct set forth (i.e., expressly charged) in the count of which the defendant
			 was convicted involved use of explosives (including any explosive material or
			 destructive device) or, by its nature, presented a serious potential risk of
			 physical injury to another. "Crime involving violence" also includes the
			 offenses of aiding and abetting, conspiring, and attempting to commit such
			 offenses.
(12) CRIMINAL HISTORY
			 BACKGROUND INFORMATION CHECK. The review of any and all records containing any
			 information collected and stored in the criminal record repository of the
			 Federal Bureau of Investigation and the Alabama Department of Public Safety
			 involving an arrest or conviction by a criminal justice agency, including, but
			 not limited to, child abuse crime information as defined by
			 42 U.S.C. §
									5119, the National Child Protection Act of
			 1993, conviction record information, fingerprint cards, correctional data and
			 release information, and identifiable descriptions and notations of
			 convictions. Criminal history background information shall not include any
			 analytical records or investigative reports that contain intelligence
			 information or criminal investigation information.
(13) CURRENT. An individual who is presently
			 employed, licensed or approved, or working as a volunteer on the effective date
			 of this chapter.
(14) DAILY LIVING
			 TASKS. Activities of daily living, including walking, working, learning,
			 grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping,
			 transportation, managing money, maintaining a residence, writing, and using
			 telephones, computers, and other automated communication devices.
(15) ELDERLY. An individual 65 years of age
			 or older.
(16) EMPLOYEE. An
			 individual currently in the service of an employer for compensation, full-time
			 or part-time, and employed by contract or at will, in which the employer has
			 the authority to control the person in the material details of how work shall
			 be performed and when compensation shall be provided.
(17) EMPLOYER. An individual, person, group
			 of persons, association, partnership, corporation, limited liability company or
			 partnership, business, or other entity which hires employees, has volunteers,
			 or contracts with others to provide personnel to work with or provide care to
			 children, adults, or individuals with disabilities in a caretaker
			 setting.
(18) ESSENTIAL FUNCTIONS.
			 The fundamental, not merely marginal, job duties of the employment as
			 determined by a written job description or the judgment of the
			 employer.
(19) EXEMPT CARE
			 FACILITY. A person or entity exempt by law from licensure by the Department of
			 Human Resources or a child placing agency, including church day care, child
			 centers, or elder centers.
(20)
			 INDIVIDUAL. A natural person.
(21)
			 INDIVIDUAL WITH DISABILITIES. A person with a mental or physical impairment who
			 requires assistance to perform one or more daily living tasks.
(22) LAW ENFORCEMENT. The sheriff's
			 department of a county or the police department of a municipality.
(23) LICENSE. A license, permit,
			 certification, approval, registration, or other form of permission required by
			 law by whatever designation for a child care facility, adult care facility,
			 child placing agency, foster parent or foster home, adoptive parent or adoptive
			 home, or any other person or entity in which an individual has unsupervised
			 access to children, the elderly, or individuals with disabilities.
(24) LICENSED SOCIAL WORKER. A social worker
			 licensed by the Alabama State Board of Social Work Examiners to conduct family
			 home studies and psychosocial assessments in adoptive or custody cases by court
			 order or for treatment not otherwise required to conduct a criminal history
			 check.
(25) LICENSEE. Holder of a
			 license or approval and an adult household member whose residence is in the
			 home in regards to child care and adult care facilities in a home
			 setting.
(26) PERSON or ENTITY. A
			 natural person, sometimes referred to as an individual, an owner or operator of
			 any adult care facility, child care facility, child placing agency, exempt
			 child care facility, or licensee, whether an individual, corporation, limited
			 liability company or partnership, partnership, association, or other legal
			 entity or group, and a board member, an officer, member or partner of an entity
			 who has direct contact with children, the elderly, or individuals with
			 disabilities in care.
(27)
			 REASONABLE SUSPICION. Belief by a prudent person that reasonable articulable
			 grounds exist to suspect that the employee's past or present behavior should be
			 reviewed to determine if such behavior or conduct bears upon the individual's
			 fitness to teach or supervise or have responsibility for the safety and
			 well-being of children, the elderly, or persons with disabilities as defined in
			 this chapter.
(28) REPORT. A
			 written statement of criminal history background information.
(29) RESIDENCE. Place of abode, domicile, or
			 dwelling with intention to remain permanently and continuously or for an
			 indefinite or uncertain length of time.
(30) SEX CRIME. Includes the following:
(a) Enticing a child to enter a vehicle,
			 room, house, office, or any other place for immoral purposes, as proscribed by
			 Section 13A-6-69 of the
Code
			 of Ala. 1975
.
(b)
			 Incest, when the offender is an adult and the victim is a minor, as proscribed
			 by Section
			 13A-13-3 of the
Code
			 of Ala. 1975
.
(c)
			 Kidnapping of a minor, except by a parent, in the first or second degree, as
			 proscribed by Section
			 13A-6-43 or Section
			 13A-6-44 of the
Code
			 of Ala. 1975
.
(d)
			 Promoting prostitution in the first or second degree, as proscribed by Section
			 13A-12-111 or Section
			 13A-12-112 of the
Code of Ala. 1975
.
(e) Rape in the first or second degree, as
			 proscribed by Section
			 13A-6-61 or Section
			 13A-6-62 of the
Code
			 of Ala. 1975
.
(f)
			 Sexual misconduct, as proscribed by Section
			 13A-6-65 of the
Code
			 of Ala. 1975
.
(g)
			 Sexual torture, as proscribed by Section
			 13A-6-65 of the
Code
			 of Ala. 1975
.
(h)
			 Sexual abuse in the first or second degree, as proscribed by Section
			 13A-6-66 or Section
			 13A-6-67 of the
Code
			 of Ala. 1975
.
(i)
			 Sodomy in the first or second degree, as proscribed by Section
			 13A-6-63 or Section
			 13A-6-64 of the
Code
			 of Ala. 1975
.
(j)
			 Soliciting a child by computer for the purposes of committing a sexual act and
			 transmitting obscene material to a child by computer as proscribed by Sections
			 13A-6-110 and
			 13A-6-111 of the
Code
			 of Ala. 1975
.
(k)
			 Violation of the Alabama Child Pornography Act, as proscribed by Section
			 13A-12-191,
			 13A-12-192,
			 13A-12-196, or
			 13A-12-197 of the
Code of Ala. 1975
.
(l) Any solicitation, attempt, or conspiracy
			 to commit any of the offenses listed in paragraphs a. to k.,
			 inclusive.
(m) A crime listed in
			 the Community Notification Act, Chapter 20 of Title 15 of the
Code
			 of Ala. 1975
.
(n)
			 Conviction for a violation or attempted violation of an offense committed
			 outside the State of Alabama or under federal law is a sex crime or any other
			 crime if the offense would be a crime in Alabama.