Ala. Code § 38-15-2

Current through the 2024 Regular Session.

Section 38-15-2 - Legislative findings

The Legislature finds that there is a substantial need to protect children and youth from abuse and neglect by persons entrusted with their physical custody, and from persons or organizations that advertise, hold themselves out, or lead others to believe that they will provide them with health, therapeutic, rehabilitative, or disciplinary services, and from persons employed or exercising authority over them, and who they depend upon to provide the basic necessities of life. The Legislature further finds that abuse and neglect often take the form of the withholding of the basic necessities of life, including food, water, shelter, clothing, and health care through an affirmative act or omission. It is the intent of the Legislature to implement a baseline of registration and regulation requirements for religious, faith-based, or church nonprofit, other nonprofit, and for profit affiliated youth residential facilities and institutions that have previously been exempt, and that criminal penalties be imposed on any individual guilty of the abuse or neglect of a child through an act or omission in association with services provided by such an institution. The Legislature further finds and declares the following:

(1) For several years, religious, faith-based, and church nonprofit, other nonprofit, and for profit residential affiliated facilities, institutions, and programs intended to be a less restrictive option for treatment of children and youth with substantial behavioral issues have been established nationwide, with numerous allegations of abuse and neglect, some resulting in death.

(2) There are currently religious, faith-based, or church nonprofit, other nonprofit, and for profit affiliated youth residential facilities, institutions, and programs operating in Alabama that are exempt from registration and regulation by the State Department of Human Resources.

(3) These facilities, institutions, and programs are owned and operated by for profit, or nonprofit organizations defined in Section 501(c)(3) of the Internal Revenue Code.

(4) These facilities, institutions, and programs advertise, both in state and out of state, that they provide services for youth with behavioral or other issues to individuals who may feel they have no other option.

(5) Victims of abuse and neglect of these organizations nationwide have formed organizations to expose the trauma, abuse, and neglect they experienced while residents at or in these institutions, facilities, and programs.

(6) Students and youth subject to enrollment or attendance of these facilities have experienced a host of other problems associated with the trauma, abuse, and neglect experienced at these institutions, facilities, and programs.

(7) There is a lack of accountability regarding the existence and status of children that are enrolled in or housed at these institutions and facilities being residents of both this state and other states.

(8) The states reserve the power to establish and enforce laws protecting the welfare, safety, and health of the public.

(9) It is the duty of the Legislature to ensure proper licensing and regulation of residential facilities for the protection and care of all citizens.

(10) It is the intent of the Legislature that the state require registration of religious, faith-based, or church nonprofit, other nonprofit, and for profit residential institutions, alternative boarding schools, and outdoor programs that house or contain children or youth for a period over 24 hours to provide counseling, therapeutic, disciplinary, or educational services when long-term on site residency of children is required.

Ala. Code § 38-15-2 (1975)

Added by Act 2017-374,§ 2, eff. 5/25/2017.