HB295INTRODUCED
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HB295
47M23RI-1
By Representative Sells
RFD: Public Safety and Homeland Security
First Read: 06-Mar-24
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5 47M23RI-1 02/19/2024 GP (L)lg 2024-703
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First Read: 06-Mar-24
SYNOPSIS:
Existing law does not provide for the use of
video cameras in day care centers.
This bill would require each day care center to
install and maintain video cameras in each area of the
center occupied by children, with some exceptions.
This bill would provide that recordings of day
care centers remain confidential and not be viewed,
except by certain individuals following an incident of
alleged abuse, neglect, harassment, or other
inappropriate behavior.
This bill would require each day care center to
retain recordings for at least three months, or until
the completion of an investigation.
This bill would prohibit video recordings to be
used for regular monitoring of day care centers,
including through live streaming.
This bill would also require the Department of
Human Resources to adopt rules.
A BILL
TO BE ENTITLED
AN ACT
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Relating to day care centers; to require each day care
center to install and maintain video cameras in areas where
children are present, with exceptions; to provide for the use
of video cameras and video recordings; to authorize a day care
center to provide recordings to certain individuals following
an incident of alleged abuse, neglect, harassment, or other
inappropriate behavior; and to require the Department of Human
Resources to adopt rules.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For the purposes of this section, the
following terms have the following meanings:
(1) DAY CARE CENTER. The same meaning as Section
38-7-2, Code of Alabama 1975.
(2) DEPARTMENT. The Department of Human Resources.
(b)(1) Each day care center shall place, operate, and
maintain video cameras in each area of the center occupied by
children. Except as provided in subsection (c), the video
cameras shall record audio and video during operating hours
and at any time a child is present in the area.
(2) A day care center inside of or connected to a
school, office building, or other facility is only required to
record areas used by the center as classrooms.
(c)(1) A video camera placed in a day care center may
not monitor a restroom or any other area where a child's
clothes or diapers are changed, except for incidental
monitoring because of the inherent layout of the day care
center.
(2) A day care center may temporarily stop video and
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(2) A day care center may temporarily stop video and
audio recording in the main instructional area of a classroom
while that area is used by children to change clothes or by
staff to change a child's clothes or diaper. The day care
center shall resume recording in the area once the area is no
longer used for those purposes.
(d) Each day care center shall retain all audio and
video recordings for at least three months after the date of
the recording, except that if an alleged incident of abuse,
neglect, harassment, or other inappropriate behavior has been
reported to the day care center, the recordings shall be
retained until the completion of all investigations,
administrative proceedings, and legal proceedings related to
the alleged incident of abuse, neglect, harassment, or other
inappropriate behavior, including the exhaustion of all
appeals.
(e)(1) An audio or video recording made pursuant to
this section is confidential and may not be released or viewed
except as provided by subdivision (2).
(2) If an incident of alleged abuse, neglect,
harassment, or other inappropriate behavior is reported to the
day care center, the video or audio recordings that document
the alleged abuse, neglect, harassment, or other inappropriate
behavior shall be provided upon request to:
a. An employee of the day care center who is involved
in the alleged incident of abuse, neglect, harassment, or
other inappropriate behavior;
b. The parent or legal guardian of a child who is
involved in the alleged incident of abuse, neglect,
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involved in the alleged incident of abuse, neglect,
harassment, or other inappropriate behavior;
c. Appropriate law enforcement officers and state
agency officials, including employees of the department, who
are investigating the alleged incident of abuse, neglect,
harassment, or other inappropriate behavior;
d. The legal counsel representing any of the listed
individuals; and
e. An investigator retained by any of the listed
individuals.
(3) A contractor or employee of the day care center
performing job duties relating to the installation, operation,
or maintenance of video equipment or the retention of video or
audio recordings who incidentally views a video taken at a day
care center is not in violation of this section.
(f) Each day care center shall provide written notice
of the placement of all video cameras to each parent or legal
guardian of each child who attends the day care center.
(g) A video or audio recording made pursuant to this
section may not be used for: (i) regular or continued
monitoring of a day care center, including through a live
stream; or (ii) any other purpose that does not conform to
this section.
(h) The department shall adopt rules to implement and
administer this section.
Section 2. This act shall become effective on January
1, 2025.
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