HB3 Alabama 2013 Session

Under existing law, certain persons and entities, such as hospitals, physicians, teachers, and day care workers, are required to report suspected child abuse or neglect to a law enforcement official or the Department of Human Resources. Also under existing law, a person making a good faith report in a child abuse or neglect investigation or case is immune from all civil and criminal liability. A person who fails to make a report is guilty of a misdemeanor

This bill would require all persons to report suspected child abuse or neglect to a law enforcement official or the Department of Human Resources. Persons reporting suspected child abuse or neglect would be immune from criminal and civil liability for reports made in good faith

This bill would require individuals holding a professional license or certification who provide services to children to complete annual training on child abuse and neglect mandatory reporting requirements

This bill would provide that it is a Class C misdemeanor for a person to make a false report of child abuse or neglect or to coerce another to make a false report

This bill also would provide that it is a Class C misdemeanor for a person to discharge, suspend, discipline, or penalize an employee solely for making a report of child abuse or neglect

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Section 26-14-3, Code of Alabama 1975, to require all persons to report suspected child abuse and neglect; to require individuals holding a professional license or certification who provide services to children to complete annual training on child abuse and neglect mandatory reporting requirements; to provide criminal penalties for making a false report of child abuse or neglect or coercing another to make a false report and for discharging, suspending, disciplining, or penalizing an employee solely for making a report of child abuse or neglect; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.