HB403 Alabama 2019 Session

Summary

Primary Sponsor

Paul W. LeeRepresentative

Republican

Session

Regular Session 2019

Title

Criminal history background checks, require background check for only adult working in a child care institution, group home, maternity center, or transitional living facility, Secs. 38-13-2, 38-13-4 am'd.

Summary

HB 403 requires criminal background checks for any adult working in Alabama child care facilities, group homes, maternity centers, or transitional living facilities.

What This Bill Does

It requires a criminal history background check with fingerprints for adults before or on the date of employment, licensing, or approval and to keep those records. It covers adults in these facilities and adult household members in home care settings. It sets crimes that would disqualify someone from working, volunteering, or being licensed, and allows the state to add more disqualifying convictions by rule. If someone is found suitable, they may work provisionally while a final determination is made; if unsuitability is found, licenses can be suspended or revoked and employment terminated, with the licensing entity paying for subsequent checks.

Who It Affects

• Adults seeking employment or volunteering in child care facilities, group homes, maternity centers, transitional living facilities, or adult care settings (including adult household members in home settings) who must undergo background checks and may be ruled unsuitable.
• Employers, licensed facilities, child placing agencies, and the Department of Human Resources who must obtain and maintain background check information, collect fingerprints, issue suitability determinations, enforce licensing actions, and pay for future background checks.

Key Provisions

• Adds adults working in child care institutions, group homes, maternity centers, or transitional living facilities to the covered population requiring background checks.
• Requires criminal history background information checks with two fingerprint sets, written consent, and a written notice, before or at the time of employment or licensing, and requires maintaining these records.
• Defines suitability criteria and lists qualifying disqualifying crimes (including violent offenses, sex crimes, crimes against children or vulnerable adults, and offenses found in other states or the federal system).
• Allows provisional employment pending final suitability determinations and authorizes suspension or revocation of licenses or approvals if a person is deemed unsuitable.
• Requires the licensing entity to pay for subsequent background checks and permits the Department to add more disqualifying convictions by rule.
• Enforces penalties for providing false information and authorizes possible termination, prosecution, or license actions if misrepresentation is found.
• Provides for transferring an employee to a position where unsupervised access is not essential, rather than immediate termination, when appropriate.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Background Checks