SB325INTRODUCED
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SB325
KXQEU5U-1
By Senator Barfoot
RFD: Judiciary
First Read: 10-Apr-25
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5 KXQEU5U-1 02/03/2025 CMH (L)bm 2025-212
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First Read: 10-Apr-25
SYNOPSIS:
Under existing law, the Alabama Youth
Residential Facility Abuse Prevention Act requires
certain youth residential facilities that house youth
to register with the State Department of Human
Resources.
This bill would require youth residential
facilities to provide additional information when
registering with the State Department of Human
Resources.
This bill would require youth residential
facilities to maintain certain records and would
require disclosure of the records in certain
circumstances.
Under current law, law enforcement agencies may
access the private property of youth residential
facilities to investigate abuse or neglect, or for any
other lawful purpose.
This bill would provide that it is unlawful for
an individual to refuse to comply with a lawful request
from law enforcement agencies regarding an
investigation and would provide for penalties for
violations.
This bill would require youth residential
facilities to maintain video surveillance in all common
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facilities to maintain video surveillance in all common
areas and would require the retention of the video for
certain periods of time.
This bill would provide for civil penalties for
any youth residential facility that fails to adhere to
the requirements of the Alabama Youth Residential
Facility Abuse Prevention Act.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Youth Residential Facility
Abuse Prevention Act; to amend Sections 38-15-3, 38-15-4,
38-15-5, 38-15-7, and 38-15-8, Code of Alabama 1975, and to
add Section 38-15-9.1 to the Code of Alabama 1975, to require
youth residential facilities to provide additional information
when registering with the State Department of Human Resources;
to require youth residential facilities to maintain certain
records of participants and to disclose certain records in
certain circumstances; to provide that it is unlawful for an
individual to refuse to comply with a law enforcement agency
investigating an allegation of abuse or neglect and to provide
for criminal penalties; to require youth residential
facilities to maintain video surveillance in certain areas and
provide for the retention of the video; and to provide for
civil penalties for any youth residential facility that fails
to adhere to the requirements of the Alabama Youth Residential
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to adhere to the requirements of the Alabama Youth Residential
Facility Abuse Prevention Act.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 38-15-3, 38-15-4, 38-15-5, 38-15-7,
and 38-15-8, Code of Alabama 1975, are amended to read as
follows:
"§38-15-3
For the purposes of this chapter, the following terms
shall have the following meanings:
(1) CHILD. A person under the age of 18 years.
(2)(1) COMMUNITY TREATMENT FACILITY FOR YOUTHS. A
religious, faith-based, or church nonprofit, other nonprofit,
or for profitfor-profit youth residential facility that
provides mental health treatment services to childrenyouth in
a group setting and that has the capacity to provide secure
containment.
(3)(2) DEPARTMENT. The State Department of Human
Resources.
(4)(3) DIRECTOR. The Director of the State Department
of Human Resources.
(5) LONG TERM(4) LONG-TERM YOUTH RESIDENTIAL FACILITY.
A religious, faith-based, or church nonprofit, other
nonprofit, or for profit long term for-profit long-term
residential facility, group care facility, or similar facility
as determined by the director, providingthat provides 24-hour
nonmedical care of youth in need of personal services,
supervision, or assistance essential for sustaining the
activities of daily living or for the protection of the
childyouth and others, and that has the capacity to provide
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childyouth and others, and that has the capacity to provide
secure containment.
(6)(5) PRIVATE ALTERNATIVE BOARDING SCHOOL. A
religious, faith-based, or church nonprofit, other nonprofit,
or for profitfor-profit group home that provides childrenyouth
with 24-hour residential care and supervision, which, in
addition to providing educational services, provides, or holds
itself out as providing, behavioral-based services to youth
with social, emotional, or behavioral issues and that has the
capacity to provide secure containment.
(7)(6) PRIVATE ALTERNATIVE OUTDOOR PROGRAM. A
religious, faith-based, or church nonprofit, other nonprofit,
or for profitfor-profit group home or residential facility
that provides childrenyouth with 24-hour residential care and
supervision, which provides, or holds itself out as providing,
behavioral-based services in an outdoor living setting to
childrenyouth with social or behavioral issues and that has
the capacity to provide secure containment or prohibits
childrenyouth from freely leaving the area of operations for
the program.
(8)(7) RESTRICTIVE BEHAVIOR PRACTICES. Any
institutional practice or procedure that involves assisting a
childyouth in gaining control of his or her behavior, protects
a childyouth from self-harm, protects other childrenyouth or
staff members, or prevents the destruction of property.
(8) YOUTH. Any person eight years of age or older and
less than 19 years of age.
(9) YOUTH RESIDENTIAL FACILITY. Any community treatment
facility for youths, long-term youth residential facility,
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facility for youths, long-term youth residential facility,
private alternative boarding school, private alternative
outdoor program, youth social rehabilitation facility, youth
transitional care facility, or any other organization
entrusted with the residential care of youths in any
organizational form or combination, whenever a youth is housed
at the facility or location of the program for a period of
more than 24 hours.
(9)(10) YOUTH SOCIAL REHABILITATION FACILITY. A
religious, faith-based, or church nonprofit, other nonprofit,
or for profitfor-profit residential facility that provides
24-hour nonmedical social rehabilitation services in a group
setting to childrenyouth recovering from mental illness or
substance abuse who are in need of temporary assistance,
guidance, or counseling and that has the capacity to provide
secure containment.
(10)(11) YOUTH TRANSITIONAL CARE FACILITY. A religious,
faith-based, or church nonprofit, other nonprofit, or for
profitfor-profit group care facility that provides 24-hour
nonmedical care of childrenyouth in need of professional
services, supervision, or assistance essential for sustaining
the activities of daily living or for the protection of the
individualyouth or others and that have the capacity to
provide secure containment."
"§38-15-4
(a) Commencing on January 1, 2018, the department shall
register any religious, faith-based, or church nonprofit,
other nonprofit, or for profit affiliated youth residential
facility, youth social rehabilitation facility, community
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facility, youth social rehabilitation facility, community
treatment facility for youths, youth transitional care
facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor
program, and any organization entrusted with the residential
care of children in any organizational form or combination
defined by this section, whenever children are housed at the
facility or location of the program for a period of more than
24 hours.Any youth residential facility shall register with
the department within 60 days of the facility beginning
operation and shall renew the registration by December 31
every year thereafter. The registration shall include, but not
be limited to, all of the following:
(1) The proper legal name and corporate legal structure
of the facility.
(2) A statement of whether the facility is for-profit
or nonprofit. If the facility is for-profit, the name of all
individuals or entities who receive the profits. If the
facility is nonprofit, the names of any associated
organizations and any members of management or directors that
provide substantial services or direction to the facility.
(3) If the facility was engaged in substantially the
same activities within the previous three years, the previous
proper legal name, corporate legal structure, and the
identification of any members of management or directors who
were involved with the operation of the previous facility.
(4) A list of all other similar facilities within this
state operated by the facility.
(5) A list of all board members, directors, and any
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(5) A list of all board members, directors, and any
individuals with decision-making authority over the facility.
(6) All manuals, plans, and reports required by this
chapter, including any annual updates.
(7) The total number of youth that were housed or
treated at the facility during the calendar year, broken down
by the source of facility's yearly income of private payer,
insurance, welfare, or other sources.
(8) A copy of all advertisements, printed, digital, or
otherwise, used or produced by the facility.
(b) At a minimum, a registered youth residential
institution or organization under this section facility shall
do all of the following:
(1) Be owned and operated on a for profitfor-profit or
nonprofit basis.
(2) Prepare and maintain a current, written plan of
operation, as defined by the department.
(3) Offer 24-hour , nonmedical care and supervision to
youth who are voluntarily admitted by a parent or legal
guardian, or referred by a court.
(4) Admit only children 12 years of age or older youth.
(5) Provide written notification on a standard form to
the department or local county Department of Human Resources
office where the facility is located within 48 hours of the
arrival, enrollment, or admittance of any childyouth to the
institution, facility, or program as directed by the
department.
(6) Have a ratio of at least one staff person to every
four youthsyouth.
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four youthsyouth.
(7) Provide each prospective youth and his or her
parent or legal guardian with an accurate written description
of the programs and services to be provided while the
childyouth is a resident at the facility. If itthe description
advertises or promotes special care, programs, or environments
for persons with behavioral, emotional, substance abuse, or
social challenges, the written description shall include how
its programs and services are intended to achieve the
advertised or promoted claims.
(8) Ensure that all individuals providing mental health
or behavioral-based services to youth at the facility are
licensed or certified by the appropriate agency, department,
or accrediting body, as specified by the department through
agency rules.
(9) Prepare and implement a comprehensive health plan
to ensure that each medical, dental, mental health, and other
health needs of the childyouth are met adequately and
promptly.
(10) Explain its disciplinary practices individually
with each childyouth at the time the childyouth is placed or
enrolled in the institution, facility, or program.
(11) Obtain written consent for the use of any
restrictive behavior management practice from the
parentsparent or legal guardian of the childyouth.
(12) NotPrevent the use of secure containment or manual
or mechanical restraints.
(13) Not allowPrevent the performance of any acts,
tactics, techniques, or procedures for purposes of abusing,
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tactics, techniques, or procedures for purposes of abusing,
humiliating, degrading, isolating, or ostracizing a childyouth
from other childrenyouth located or housed at the institution,
facility, or program by any staff member or childyouth.
(14) Not utilizePrevent restrictive behavior management
practices as a means of punishment , for the convenience of
staff members, or as a substitute for a treatment program.
(15) Ensure that each childyouth is provided with three
nutritious meals daily, either at the institution, facility,
program operations site itself, or in the community.
(16) Select, store, prepare, and serve food in a
sanitary and palatable manner.
(17) Ensure that every childyouth is afforded the
opportunity to participate freely in religious activities and
or services in accordance with his or her own faith or with
that of his or her parentsparent or legal guardian .
(18) Maintain a bond or liability insurance of no less
than five hundred thousand one million dollars
($500,000)($1,000,000) per incident and show proof of the
current status of the policy or bond prior to registration
bywith the department.
(19) Include its facility , institution, or program
registration number in all advertisements.
(20) Require that all employees of the facility or
program undergo a child abuse and neglect clearance and a
criminal background check prior to the approval of the
registration of the facility or program and require that all
employees obtain a criminal background check and child abuse
and neglect clearance annually thereafter.
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and neglect clearance annually thereafter.
(21) Ensure that prior to employment, residence, or
initial presence in the facility , institution, or with the
program, all employees undergo a criminal background check.
(22) Maintain a smoke free environment in all buildings
on the facility, institution, or program premises and in all
vehicles used to transport childrenyouth.
(23) Obtain a fire safety clearance approved by the
local fire authority.
(24) If it offers access to, or holds itself out as
offering access to, mental health services, ensure Ensure that
thosemental health services are provided by a licensed mental
health provider.
(25) If it advertises or includes in its marketing
materials reference to providing Ensure that alcohol or
substance abuse treatment , ensure that the treatment is being
provided by a licensed or certified alcoholism or drug abuse
recovery or treatment facility.
(26) Not admit a childyouth who has been assessed by a
licensed mental health professional as seriously emotionally
disturbed, unless the childyouth does not require care in a
licensed health facility and the State Department of Mental
Health has certified that the facility houses a program that
meets the standards to provide mental health treatment
services for a childyouth having a serious emotional
disturbance, as defined in Alabama Medicaid Agency Rule
290-8-9560-X-40-.01 of the Alabama Administrative Code.
(27) Immediately provide a written report on a standard
form to the department and the local law enforcement agency of
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form to the department and the local law enforcement agency of
all fatalities and accidents requiring hospitalization or
medical care by a physician occurring at the facility ,
institution, or program .
(28) Prohibit any staff member or child to possess youth
from possessing any firearms, harmful chemicals, or other
weapons within or on the grounds of the institution, facility,
or program.
(b)(c) As Submit a staff training plan to the
department as part of its plan of operation , as required in
subdivision (b)(2), any youth residential facility shall also
submit a staff training plan to the department . In addition to
the training required of facility , institutional, or program
staff, the staff training plan shall include, but not be
limited to, training in all of the following subject areas:
(1) Children'sYouth's rights, as described in
subsection (c)(d).
(2) Physical and psycho-social needs of youth.
(3) Appropriate responses to emergencies, including an
emergency intervention plan.
(4) Laws and regulationsrules pertaining to residential
care and housing facilities for childrenyouth.
(c)(1)(d) Any childyouth that is enrolled in or a
resident of a religious, faith-based, or church nonprofit,
other nonprofit, or for profit affiliated youth residential
facility, youth social rehabilitation facility, community
treatment facility for youths, youth transitional care
facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor
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alternative boarding school, private alternative outdoor
program, and any organization entrusted with the residential
care of children in any organizational form or combination
defined by this section youth residential facility shall be
afforded the following rights and any other rights adopted by
the department through rule, which shall be publicly posted
and accessible to youth:
a.(1) To be afforded dignity in his or her personal
relationships with staff, youth, and other personsindividuals.
b.(2) To live in a safe, healthy, and comfortable
environment where he or she is treated with respect.
c.(3) To be free from physical, sexual, emotional, or
other abuse or corporal punishment.
d.(4) To be granted a reasonable level of personal
privacy in accommodations, personal care and, assistance, and
visits.
e.(5) To receive confidential care of his or her
records and personal information, and to approve any release
of those records prior to the release of them, except as
otherwise authorized or required by law.
f.(6) To receive care, supervision, and services that
meet his or her individual needs and that are delivered by
staff who are sufficient in numbers, qualifications number,
qualification, and competency to meet his or her needs and
ensure his or her safety.
g.(7) To be served food and beverages of the quality
and in the quantity necessary to meet his or her nutritional
and physical needs.
h.1.(8) To present grievances and recommend changes in
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h.1.(8) To present grievances and recommend changes in
policies, procedures, and services to the facility's staff,
management, and governing authority, or any other person
individual without the possibility of restraint, coercion,
discrimination, reprisal, threat, or other retaliatory
actions.
2. To and to have the registered entity take prompt
actions to respond to grievancesany grievance presented
pursuant to subparagraph 1 .
i.(9) To be able to contact parents or legal guardians,
including visits and, scheduled and unscheduled private
telephone conversations, written correspondence, and other
electronic communications, unless prohibited by court order.
j.(10) To be fully informed, as evidenced by the
youth's written acknowledgment, prior to, or at the time of,
arrival or admission to the facility , institution, or program,
of the rules governing the youth's rights, conduct, and
responsibilities.
k.(11) To receive in the admission agreement detailed
information that detailsregarding the planned programs and
services for the youth.
l.(12) To have his or her parents or legal guardians
remove him or her from the facility at any time unless
prevented from doing so by a court order.
m.(13) To consent to have visitors or telephone calls
during reasonable hours, privately and without prior notice,
if the visitors or telephone calls do not disrupt planned
activities and are not prohibited by court order or by the
youth's parent or legal guardian.
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youth's parent or legal guardian.
n.(14) To be free offrom corporal punishment, excessive
medication, physical restraints of any kind, and deprivation
of basic necessities, and unnecessary seclusion
includingwhether for education, as a punishment, deterrent, or
incentive.
o.(15) To be afforded the opportunity to enroll in,
make progress toward, and complete a program leading to a
General Education Development Certificate or other high school
diploma equivalent uponafter being housed or located at the
facility, institution, or program for a period of more than 30
days.
p.(16) To have fair and equal access to all available
services, placement, care, treatment, and benefits and to not
be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification,
ancestry, national origin, color, religion, sex, mental or
physical disability, or physical condition.
q.(17) To be free from abusive, humiliating, degrading,
or traumatizing actions.
r.(18) To be free to attend religious services of
theirhis or her choice.
s.(19) Any other rights the department adopts by rule;
however, the department is not responsible or liable for
violation of the above rights established under this
subsection, including acts or omissions by facility employees.
(2)(e) This section shalldoes not apply to any facility
administered, or operated, licensed, or certified by the State
Department of Education, Department of Corrections, Department
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Department of Education, Department of Corrections, Department
of Youth Services, the Military Department of Veterans
Affairs, state recognized military academies, institutes, or
boot camps, the Alabama School of Mathematics and Science,
Alabama School of Fine Arts, any state school for the deaf or
blind, or any other governmental entity or to a school that
does not require residency as requirement for services
provided. This section further shalldoes not apply to outdoor
activities for youth designed to be primarily recreational or
for entertainment, including, but not limited to, any camp
inspected and permitted by the Alabama Department of Public
Health, activities organized by Boy Scouts, Girl Scouts, Camp
Fire, or other similar church sponsored organizations, or any
camp exclusively serving children with a medical diagnosis for
a physical condition or illness, or any runaway or homeless
shelter, or any similar place that supplies room and or board
only, provided that the resident is free to leave that
facility by his or her own volition at any time.
(3)(f) The Department of Public Health shall regularly
license and inspect the food preparation areas of the
facilities under this statute for health and safety purposes.
(g)(1) All intake papers, treatment notes, disciplinary
records, and any other written or electronic data produced
regarding a youth at a youth residential facility must be
stored for a minimum of six years after the discharge of the
youth or until the youth turns 21 years of age, whichever
occurs last.
(2) All records, at a minimum, shall be searchable by
the name of the youth.
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the name of the youth.
(3) The youth, or his or her parent or guardian, must
be provided all records upon a written request to the
custodian of the records.
(h) All records and inspections created regarding a
youth residential facility shall be made public, with the
names of the youth, dates of birth, and Social Security
numbers redacted. The reports must be made public no later
than six months after each report is generated. All documents
shall remain accessible to the public for a period of not less
than five years.
(i)(1) Each youth residential facility shall maintain
video surveillance in all common areas, and the recordings
shall be kept for a minimum of 30 days. Should the recording
capture any incident requiring reporting under this chapter or
the commission of a crime, the recordings shall be maintained
for a minimum of one year and shall capture, at a minimum,
three hours before and after the incident.
(2) The recordings of any incidents shall be provided
to law enforcement agencies and to any individual pursuant to
a court order.
(3) Upon a written demand for preservation, the youth
residential facility shall preserve the recordings for up to
an additional year. The youth residential facility may charge
a reasonable fee for the storage of the recording, not to
exceed five hundred dollars ($500).
(4)(j)(1) Law enforcement agencies shall have access to
the private property of the youth residential facilities under
this statutechapter in furtherance of their duties to
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this statutechapter in furtherance of their duties to
investigate abuse or neglect, or for any other lawful purpose.
Upon receiving a complaint of abuse or neglect, the law
enforcement agency shall speak with the youth in person and,
if possible, schedule the youth for a forensic interview as
soon as practicable.
(2) An individual who refuses to comply with a lawful
request by a law enforcement officer pursuant to subdivision
(1) shall be guilty of a Class B misdemeanor. "
"§38-15-5
Any employee, volunteer, or applicant for employment or
for a volunteer position at or with any religious,
faith-based, or church nonprofit, other nonprofit, or for
profit affiliated youth residential facility, youth social
rehabilitation facility, community treatment facility for
youths, youth transitional care facility, long term youth
residential facility, private alternative boarding school,
private alternative outdoor program, and any organization
entrusted with the residential care of children or youth in
any organizational form or combination thereof defined by this
section, or as defined by the department, youth residential
facility shall be subject to a criminal background
investigation prior to having unsupervised contact with the
children in accordance with subdivision (1) of subsection (a)
ofany youth and annually thereafter pursuant to Section
38-13-3."
"§38-15-7
(a) All youth residential facilities and organizations
under this section shall be subject to a quarterly inspection
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under this section shall be subject to a quarterly inspection
by the department or its designee at a minimum and shall be
responsible for providing necessary information as determined
by the department to ensure the safety and welfare of
residents. All youth residential facilities and organizations
under this chapter shall provide at a minimum the following to
the department upon request:
(1) The names of all childrenyouth currently enrolled,
registered, or housed at the facility or program.
(2) The names of all personnel currently employed or
contracted for employment for or at the facility , institution,
or program.
(3) The plan of operation, all written policies,
procedures, and standard practices.
(4) The childyouth-to-staff ratios.
(5) The staff qualifications and proof of training.
(6) Proof of the implementation of childrens'youth's
needs and services plan.
(7) A written fire evacuation and natural disaster plan
and maintain a record of routine drills of the plan.
(8) Proof of liability insurance with coverage of no
less than the amount specified in subdivision (18) of
subsection (a) of Section 38-15-4(b)(18).
(9) Proof of immunization against disease of all
childrenyouth housed or contained at the facility or in the
program with proof of exemption of a child due to parental
beliefs, which exemption shall be permitted.
(b) All youth residential facilities and organizations
under this section shall inform the parentsparent or
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under this section shall inform the parentsparent or
authorizedlegal guardian or adult representative of the
childyouth of their rights including the following at a
minimum:
(1) To enter and inspect the facility , institution, or
program as determined by law.
(2) To file a complaint against the registered
entityfacility with the department without discrimination
against the parent , legal guardian, or the childyouth housed
by or located at the facility or program.
(3) To view the child'syouth's records associated with
the facility, institution, or program including treatment,
disciplinary, and other actions the department determines to
be vital to his or her situational awareness as a parent or
legal guardian.
(4) To review the registered entity's facility's public
file at the appropriate department online site or physical
location.
(5) To view the prominently displayed list of child or
youth rights associated with this chapter or those enumerated
per department rules.
(6) To view copies of any report that documents any
finding of noncompliance by the department.
(7) To view copies of any documentation issued to the
registered entity facility documenting the department's intent
to revoke the registration approval of the facility ,
institution, or program ."
"§38-15-8
(a) On or before January 1, 2018, the The department
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(a) On or before January 1, 2018, the The department
shall adopt rules to implement this chapter, in consultation
with interested parties, including representatives of any
institution with any combination of organizational
characteristics defined by this section youth residential
facility, former residents of long-term youth residential
facilities, advocates for youth, and privateother concerned
parties. Until rules are adopted by the department and become
effective any existing child or youth residential
organization, facility, institution, boarding school, or
program operating in this state shall be governed by the rules
applicable to residential care facilities regulated by the
Department of Human Resources pursuant to published minimum
standards for residential child care facilities. Any
institution, facility, or program subject to this chapter,
operating prior to January 1, 2018, shall comply with the
department's registration requirements on or before July 1,
2017.
(b) The department may adopt emergency rules to
implement this section.
(c) The department shall have the authority to may act
in loco parentis for any childyouth covered under this section
in need of immediate health, welfare, protective, or other
critical services until that child'syouth's parent or guardian
can be contacted and is able to make those decisions in the
interest of the childyouth.
(d) No religious, faith-based, or church nonprofit,
other nonprofit, or for profit affiliated youth residential
facility, youth social rehabilitation facility, community
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facility, youth social rehabilitation facility, community
treatment facility for youths, youth transitional care
facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor
program, and any organization entrusted with the residential
care of children in any organizational form or combination
defined by this section youth residential facility may operate
in this state without a current registration approval from the
department.
(e)(1) Nothing in this section shall prohibit a
religious, faith-based, or church nonprofit, other nonprofit,
or for profit residential, rehabilitation, community
treatment, transitional care facility, or private alternative
boarding school or outdoor program youth residential facility
that utilizes religious, prayer, or spiritual means as the
basis for its program or services from providing those
services in accordance with its religious beliefs. Any such
facility or program shall youth residential facility must
include in its advertising that it bases its services or
treatment on religious principles . Such facility or program
shall and must provide to any applicant a detailed explanation
of its faith-based programs. Such facility or program A youth
residential facility may require participants to participate
in these programs, notwithstanding any other provision of this
chapter.
(2) This chapter shalldoes not give the department the
authority to regulate or prohibit religious-based treatment;
provided, however, the treatment shall not be used to violate
or circumvent any of the other requirements of this chapter
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or circumvent any of the other requirements of this chapter
related to the physical safety and condition of any childyouth
or the condition of the facility.
(f) Nothing in this section shall prohibit a religious,
faith-based, or church nonprofit, other nonprofit, or for
profit residential, rehabilitation, community treatment, or
transitional care facility, or a private alternative boarding
school, or outdoor program that utilizes religious, prayer, or
spiritual means as the basis for its services from providing
those services in accordance with its religious beliefs.
(g) Nothing in this section shall give the department
the authority to regulate or prohibit religious-based
treatment or services, provided that, the treatment or
services are not in violation of any requirements of this
section as it relates to the safety and welfare of children.
(h)(f) Nothing in this section shall be construed or
interpreted to authorize any state agency to license or
regulate a non-residential private, nonpublic, church or
nonprofit school offering instruction in grades K-12, or any
combination thereof, that houses or contains children or youth
for a period of less than 24 hours."
Section 2. Section 38-15-9.1 is added to the Code of
Alabama 1975, to read as follows:
§38-15-9.1
(a) Upon an entry of judgment or decree for a violation
of this chapter, the court shall impose a civil penalty of not
less than ten thousand dollars ($10,000) and not to exceed
fifty thousand dollars ($50,000) per violation. The department
may issue a written notice of a violation and allow up to 15
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may issue a written notice of a violation and allow up to 15
days for the youth residential facility to correct the
violation in lieu of issuing a fine. The department shall make
publicly available the fines and notices issued each calendar
year, noting the violation and the youth residential facility
that was fined.
(b) Upon a showing to the court by the department that
a youth residential facility has engaged in continuous and
willful violations of this chapter or that the youth
residential facility has been fined more than three times in a
five-year period, the court may do either of the following:
(1) Suspend the license or certificate authorizing the
youth residential facility to engage in business in this
state.
(2) Enjoin the person from engaging in business in this
state.
(c) All penalties collected under subsection (a) shall
be remitted by the circuit court to the State Treasurer and
shall be credited to the account of the department.
(d)(1) In addition, any individual residing in, or who
has been in, a youth residential facility covered by this
chapter who is subjected to or witnesses a violation of this
chapter shall have a private cause of action against the youth
residential facility. Compensatory damages for each violation
shall be a minimum of ten thousand dollars ($10,000) as well
as reasonable court costs and attorney fees.
(2) If a youth residential facility is found liable on
more than three occasions within a five-year period, the
compensatory damages shall be doubled per new offense.
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compensatory damages shall be doubled per new offense.
(3) The statute of limitations for such a cause of
action is two years after the offense, or two years after the
youth reaches the age of majority, whichever occurs last.
Section 3. This act shall become effective on October
1, 2025.
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