Alabama 2024 Regular Session

Alabama House Bill HB295 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB295INTRODUCED
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3	3	HB295
4	4	47M23RI-1
5	5	By Representative Sells
6	6	RFD: Public Safety and Homeland Security
7	7	First Read: 06-Mar-24
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12	12	5 47M23RI-1 02/19/2024 GP (L)lg 2024-703
13	13	Page 1
14	14	First Read: 06-Mar-24
15	15	SYNOPSIS:
16	16	Existing law does not provide for the use of
17	17	video cameras in day care centers.
18	18	This bill would require each day care center to
19	19	install and maintain video cameras in each area of the
20	20	center occupied by children, with some exceptions.
21	21	This bill would provide that recordings of day
22	22	care centers remain confidential and not be viewed,
23	23	except by certain individuals following an incident of
24	24	alleged abuse, neglect, harassment, or other
25	25	inappropriate behavior.
26	26	This bill would require each day care center to
27	27	retain recordings for at least three months, or until
28	28	the completion of an investigation.
29	29	This bill would prohibit video recordings to be
30	30	used for regular monitoring of day care centers,
31	31	including through live streaming.
32	32	This bill would also require the Department of
33	33	Human Resources to adopt rules.
34	34	A BILL
35	35	TO BE ENTITLED
36	36	AN ACT
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64	64	28 HB295 INTRODUCED
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66	66	Relating to day care centers; to require each day care
67	67	center to install and maintain video cameras in areas where
68	68	children are present, with exceptions; to provide for the use
69	69	of video cameras and video recordings; to authorize a day care
70	70	center to provide recordings to certain individuals following
71	71	an incident of alleged abuse, neglect, harassment, or other
72	72	inappropriate behavior; and to require the Department of Human
73	73	Resources to adopt rules.
74	74	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
75	75	Section 1. (a) For the purposes of this section, the
76	76	following terms have the following meanings:
77	77	(1) DAY CARE CENTER. The same meaning as Section
78	78	38-7-2, Code of Alabama 1975.
79	79	(2) DEPARTMENT. The Department of Human Resources.
80	80	(b)(1) Each day care center shall place, operate, and
81	81	maintain video cameras in each area of the center occupied by
82	82	children. Except as provided in subsection (c), the video
83	83	cameras shall record audio and video during operating hours
84	84	and at any time a child is present in the area.
85	85	(2) A day care center inside of or connected to a
86	86	school, office building, or other facility is only required to
87	87	record areas used by the center as classrooms.
88	88	(c)(1) A video camera placed in a day care center may
89	89	not monitor a restroom or any other area where a child's
90	90	clothes or diapers are changed, except for incidental
91	91	monitoring because of the inherent layout of the day care
92	92	center.
93	93	(2) A day care center may temporarily stop video and
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123	123	(2) A day care center may temporarily stop video and
124	124	audio recording in the main instructional area of a classroom
125	125	while that area is used by children to change clothes or by
126	126	staff to change a child's clothes or diaper. The day care
127	127	center shall resume recording in the area once the area is no
128	128	longer used for those purposes.
129	129	(d) Each day care center shall retain all audio and
130	130	video recordings for at least three months after the date of
131	131	the recording, except that if an alleged incident of abuse,
132	132	neglect, harassment, or other inappropriate behavior has been
133	133	reported to the day care center, the recordings shall be
134	134	retained until the completion of all investigations,
135	135	administrative proceedings, and legal proceedings related to
136	136	the alleged incident of abuse, neglect, harassment, or other
137	137	inappropriate behavior, including the exhaustion of all
138	138	appeals.
139	139	(e)(1) An audio or video recording made pursuant to
140	140	this section is confidential and may not be released or viewed
141	141	except as provided by subdivision (2).
142	142	(2) If an incident of alleged abuse, neglect,
143	143	harassment, or other inappropriate behavior is reported to the
144	144	day care center, the video or audio recordings that document
145	145	the alleged abuse, neglect, harassment, or other inappropriate
146	146	behavior shall be provided upon request to:
147	147	a. An employee of the day care center who is involved
148	148	in the alleged incident of abuse, neglect, harassment, or
149	149	other inappropriate behavior;
150	150	b. The parent or legal guardian of a child who is
151	151	involved in the alleged incident of abuse, neglect,
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181	181	involved in the alleged incident of abuse, neglect,
182	182	harassment, or other inappropriate behavior;
183	183	c. Appropriate law enforcement officers and state
184	184	agency officials, including employees of the department, who
185	185	are investigating the alleged incident of abuse, neglect,
186	186	harassment, or other inappropriate behavior;
187	187	d. The legal counsel representing any of the listed
188	188	individuals; and
189	189	e. An investigator retained by any of the listed
190	190	individuals.
191	191	(3) A contractor or employee of the day care center
192	192	performing job duties relating to the installation, operation,
193	193	or maintenance of video equipment or the retention of video or
194	194	audio recordings who incidentally views a video taken at a day
195	195	care center is not in violation of this section.
196	196	(f) Each day care center shall provide written notice
197	197	of the placement of all video cameras to each parent or legal
198	198	guardian of each child who attends the day care center.
199	199	(g) A video or audio recording made pursuant to this
200	200	section may not be used for: (i) regular or continued
201	201	monitoring of a day care center, including through a live
202	202	stream; or (ii) any other purpose that does not conform to
203	203	this section.
204	204	(h) The department shall adopt rules to implement and
205	205	administer this section.
206	206	Section 2. This act shall become effective on January
207	207	1, 2025.
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