SB277 Alabama 2019 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

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

SB 277 requires criminal history background checks for any adult working in specified Alabama child care and caretaker facilities.

What This Bill Does

It expands background checks to adults (19+) working in child care facilities, group homes, maternity centers, and transitional living facilities, using fingerprint-based checks through state and federal databases. If a person is convicted of disqualifying crimes, they are deemed unsuitable for employment or licensure, and employers or licensing agencies can terminate or deny work or revoke approvals. Employers must obtain written consent, maintain records, and may provisionally employ someone pending a suitability determination; subsequent checks may be done at the employer’s option with costs paid by the licensing entity. The act takes effect immediately after governor approval.

Who It Affects

• Adults (19+) who work in or seek to work in child care facilities, group homes, maternity centers, or transitional living facilities; they must undergo background checks and may be disqualified from employment or licensure based on certain convictions.
• Employers and licensing entities (including child care/adult care facilities, foster/adoptive agencies, and the Department of Human Resources); they must conduct background checks, maintain records, determine suitability, and enforce employment/licensure decisions.

Key Provisions

• Extends mandatory criminal history background checks to any adult working in a child care institution, group home, maternity center, or transitional living facility.
• Requires fingerprint-based checks through AFIS/ACJIC and written consent from the applicant or employee, plus notice of rights and verification of conviction history.
• Establishes suitability criteria: certain violent offenses, sex crimes, crimes against children/elderly/disabled, drug offenses, and equivalent offenses in other states or under federal law; the Department may add more disqualifying convictions by rule.
• Allows provisional employment pending suitability determination; termination, denial of employment/licensure, or license suspension/revocation can occur if found unsuitable.
• Normally requires only one background check per individual; subsequent checks may be conducted by the employer, with costs paid by the licensing entity.
• Requires documentation and notices about criminal history checks; penalties for providing false information; potential transfer options for employees to positions not requiring unsupervised access.
• The act becomes effective immediately after the Governor signs.

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