Skip to content

Free guide · 2026 edition · DHR suitability letters, church-exempt child care and the ALEA check

Found Suitable: The Alabama guide to screening volunteers: Chapter 38-13 and DHR’s suitability letter, church-exempt child care, the new ALEA Background Check Service, the 2027 overnight-camp rule and the reporting changes of October 1, 2026

Nothing in the Code of Alabama tells every nonprofit to screen its volunteers. Where the Department of Human Resources licenses, approves or contracts — child care, church-exempt ministries, adult care, foster and child-placing — Chapter 38-13 requires a signed statement, fingerprints within five business days and provisional service until DHR decides whether a volunteer is “suitable.” Around it sit newer rules: a State check service open to every nonprofit from October 1, 2026, an overnight-camp staff bar from January 1, 2027, and a rewritten reporting duty. Found Suitable takes Chapter 38-13 first, then each of those newer Alabama rules in turn.

By the VolunteerBadge research team · Sources checked September 12, 2026

Cover of Found Suitable
  • Written for Alabama child care ministries, youth residential programs, camps, leagues and senior programs
  • Chapter 38-13 step by step — the statement, provisional service and DHR’s suitability letter
  • Church-exempt child care, youth residential programs, the 2027 camp rule and the new ALEA check service
  • A criminal history statement, self-report pledge and reporting card you can adapt

Who Found Suitable is for

Executive directors, volunteer coordinators, child care and church-ministry directors, camp operators, youth residential and foster-care staff, league administrators, senior-program coordinators and board members — anyone in Alabama who needs to know whether Chapter 38-13, the ALEA service or the new camp law reaches the people they recruit.

9.9

child victims of abuse or neglect per 1,000 Alabama children in 2024 — 11,205 children — against a national rate of 7.2.

ACF, Child Maltreatment 2024

3.17

child maltreatment deaths per 100,000 Alabama children in 2024 — 36 children — against 2.41 nationally.

ACF, Child Maltreatment 2024

19.9%

of Alabamians volunteered through an organization in 2023 — 49th of the 50 states and D.C. by our calculation, down from 27.4% in 2017.

AmeriCorps / Census CEV (our computation)

Cited to primary sources

Alabama at a glance

DHR settings carry the duty
Chapter 38-13 requires fingerprint checks of volunteers in DHR-licensed or approved child care, DHR-licensed adult care, child-placing agencies, foster and adoptive homes and DHR-contracted programs. Its “employer” definition reads broadly on its face, but the chapter’s intent, notice and DHR’s rule point to DHR settings, and we found no opinion or case settling it.
Ala. Code §§ 38-13-1, 38-13-2(17), 38-13-3(a); Ala. Admin. Code r. 660-5-46-.01
How a Chapter 38-13 check works
A signed criminal history statement with the statutory notice before service; two sets of fingerprints and written consent to ALEA within five business days; provisional service until DHR’s written suitability determination; removal if DHR finds the volunteer unsuitable. DHR’s vendor Fieldprint charges $47.20 per application, payable by the volunteer or the organization.
Ala. Code §§ 38-13-4(a)–(d), 38-13-6(d), 38-13-7(b); DHR Office of Criminal History (read Sept. 12, 2026)
DHR decides suitability
Violent offenses, sex crimes, crimes injuring or maltreating a child, elder or person with disabilities, crimes against children and drug sale or distribution disqualify. A reversal may be sought after 10 years for a felony or 5 for a misdemeanor — never for a sex crime or a crime against a child, elder or person with disabilities.
Ala. Code §§ 38-13-2(31), 38-13-7(e)–(f)
Volunteers self-report
A checked volunteer must tell the organization about any later conviction; knowingly, willfully and intentionally failing to is a Class A misdemeanor. ALEA also notifies DHR of later arrests and convictions.
Ala. Code §§ 38-13-5(b), 38-13-7(b), 38-13-9(a)(4)
Church-exempt child care
A child care ministry of a church or religious school that takes no state or federal funds and isn’t for profit needs no DHR license, but must file staff criminal history with DHR every year, pass fire and health inspections, notify parents and post that it is not DHR-licensed.
Ala. Code § 38-7-3(b)–(d) (Act 2018-278)
Homes housing children over 24 hours
Every employee and volunteer of a registered religious, faith-based, nonprofit or for-profit program that houses children more than 24 hours must pass a criminal background check before unsupervised contact with the children.
Ala. Code §§ 38-15-4(a), 38-15-5 (Act 2017-374)
New State check service, Oct. 1, 2026
Any nonprofit may request a name-based (Alabama only) or fingerprint ALEA check on a volunteer with express permission, kept at least three years. Record fee capped at $30 plus any FBI cost; optional Rap Back alerts up to $12 a year; parental consent under 18; misuse is a Class B misdemeanor. Portal and fees not yet published.
Ala. Code §§ 41-9-650.1 to 41-9-650.5 (Act 2026-374)
Overnight camps from Jan. 1, 2027
Camps with cabins for overnight campers 16 and under may not retain any staff member — employee, contractor or volunteer — convicted of a crime involving a sexual or violent act, and must hold an Emergency Management Agency license listing their staff.
Act 2026-368 (H.B. 381), §§ 2–4
Youth sports: no check law
We found no statute requiring background checks for youth coaches; 2026 bills died in committee. Coaches of high-risk sports for ages 14 and under on public property must take an approved injury-prevention course within 30 days and every year.
Ala. Code §§ 22-11F-3, 22-11F-4 (Act 2025-300)
Registrants barred
Registered sex offenders may not volunteer at schools, child care or organizations primarily serving children, within 2,000 feet of a school or child care facility, or as first responders. Knowingly giving one a volunteer position at child care or a group serving mainly children is a Class C felony.
Ala. Code § 15-20A-13 (as amended by Act 2025-201)

From the Found Suitable executive summary

Alabama in six rules, from DHR’s letter to the 2027 camp bar

  1. 1

    Chapter 38-13 centers on DHR settings.

    Chapter 38-13 requires ALEA and FBI fingerprint checks of volunteers in DHR-licensed or approved child care, DHR-licensed adult care, child-placing agencies, foster and adoptive homes and DHR-contracted programs. Its “employer” definition reads more broadly, and we found no Attorney General opinion or court decision settling how far it goes.

  2. 2

    DHR decides, not you.

    A covered volunteer signs a criminal history statement before serving, is fingerprinted within five business days, may serve “provisionally” until DHR’s written suitability determination arrives, and must be removed if DHR finds them unsuitable.

  3. 3

    The duty doesn’t end with the letter.

    Volunteers must report later convictions to the organization; knowingly, willfully and intentionally failing to is a Class A misdemeanor. ALEA also tells DHR about later arrests and convictions.

  4. 4

    Church child care is exempt from licensing, not from checks.

    A ministry that is an integral part of a church or religious school, takes no state or federal funds and isn’t for profit can operate without a DHR license — but must file staff criminal history with DHR every year, pass inspections, notify parents and post that it is not DHR-licensed.

  5. 5

    A new State door opens October 1, 2026.

    Under Act 2026-374, any nonprofit may ask ALEA for a name-based (Alabama only) or fingerprint check on a volunteer, with the volunteer’s express permission kept for at least three years. The record fee is capped at $30 plus any FBI cost; ALEA hadn’t published the portal or fees when we checked.

  6. 6

    Youth sports have no check law; overnight camps will.

    Coaches of high-risk youth sports on public property take an annual injury-prevention course under the Coach Safely Act. From January 1, 2027, overnight camps may not keep staff, volunteers included, convicted of a sexual or violent crime.

Inside Found Suitable, chapter by chapter

  • 01

    DHR’s suitability rule and the gaps around it

    Chapter 38-13’s reach and its gaps on one page, beside Alabama’s maltreatment and volunteering figures.

  • 02

    DHR, § 38-15-5, the camp act — or no law at all

    Each Alabama volunteer role matched to Chapter 38-13, § 38-15-5, the camp act — or to no law at all.

  • 03

    Chapter 38-13: who it reaches — and the “employer” puzzle

    The volunteers the statute names, and the broad definition nobody has settled.

  • 04

    A Chapter 38-13 check, step by step

    The statement, provisional service, five business days, Fieldprint and DHR’s letter.

  • 05

    Found suitable — or not

    The disqualifying convictions, what the letter requires, reversal requests and self-reporting.

  • 06

    Child care: licensed programs and church-exempt ministries

    DHR’s comprehensive checks and the § 38-7-3 exemption’s conditions.

  • 07

    Youth residential programs, foster care and child-placing agencies

    § 38-15-5 and the DHR rules for residential care and placement.

  • 08

    Camps, ball fields and schools

    The 2027 overnight-camp bar, the Coach Safely Act and the school statute.

  • 09

    Older adults: Shirley’s Law and adult care

    The abuse-registry query that names volunteers, and adult-abuse reporting.

  • 10

    The Alabama Background Check Service

    What Act 2026-374 lets every nonprofit do from October 1, 2026 — and how it compares.

  • 11

    Registrants: where they may not volunteer

    § 15-20A-13’s bars, the 2025 first-responder rule and the owner’s felony.

  • 12

    Reporting child abuse — and what changes on October 1, 2026

    Who must report, the 72-hour written report and the penalties.

  • 13

    Records, fair chance and the FCRA

    Expungement, the missing ban-the-box statute and the federal rules.

  • 14

    Charity registration and the Volunteer Service Act

    The $25 AG registration, the $25,000 exemption and the respondeat superior catch.

  • 15

    From the Coach Safely Act to the 2027 camp bar

    From the Coach Safely Act to Act 2026-374 and the 2027 camp bar, in date order — and the coach-check bills that died.

  • 16

    Beside DHR, never a suitability letter

    Useful for roles outside DHR’s reach; never a stand-in for a Chapter 38-13 suitability letter.

  • A

    Appendix A: A statement, a self-report pledge and a reporting card

    The § 38-13-4 questionnaire, a § 38-13-5(b) pledge and a volunteer reporting card.

  • B

    Appendix B: Alabama Code, Acts and DHR pages, dated

    Every Alabama Code section, Act and DHR page cited, dated as read, plus related guides.

Get the free guide

Found Suitable: Alabama questions answered

Does Alabama require background checks for volunteers?
Alabama ties its mandate to DHR, not to volunteering in general. Chapter 38-13 of Title 38 requires ALEA and FBI fingerprint checks, with a written DHR suitability determination, for volunteers in DHR-licensed or approved child care (including church-exempt ministries), DHR-licensed adult care, child-placing agencies, foster and adoptive homes and DHR-contracted programs, and § 38-15-5 covers volunteers at registered youth residential programs. The chapter’s “employer” definition reads more broadly, and we found no Attorney General opinion or court decision settling its reach, so programs outside DHR settings should ask counsel. Youth sports leagues, churches outside child care, mentoring programs and co-ops set their own standard.
Is Chapter 38-13 the “Alabama Child Protection Act of 1999”?
No. The Alabama Child Protection Act of 1999 is the school background-check statute, § 16-22A-1 and following (Act 99-361), which covers school applicants and employees with unsupervised access to children — not volunteers. Chapter 38-13 was enacted by Act 2000-775 and has no short title in the Code.
Do volunteers at a church child care ministry need a background check?
A church or religious-school child care ministry that takes no state or federal funds and isn’t for profit may operate without a DHR license under § 38-7-3, but it must file staff names and their § 38-13-3 criminal history with DHR every year. Chapter 38-13 defines “child care facility” to include exempt facilities and requires checks of a facility’s volunteers, so we read the check requirement to reach the ministry’s volunteers too; confirm with DHR.
Do youth sports coaches in Alabama need a background check?
No Alabama statute requires one. The Coach Safely Act requires coaches — paid or volunteer — in associations running high-risk sports on public property for children 14 and under who haven’t entered seventh grade to complete an approved injury-prevention course within 30 days and every year. Two 2026 bills that would have required coach background checks, H.B. 103 and H.B. 456, did not pass. Registered sex offenders convicted of child offenses may not volunteer within 500 feet of an athletic field.
What is the new Alabama Background Check Service?
From October 1, 2026, Act 2026-374 lets ALEA run a background check for any nonprofit or volunteer organization screening a volunteer, with the volunteer’s express permission, which the organization keeps for three years or the length of the relationship. A name-based search returns Alabama records only; a fingerprint search adds other state and federal records as allowed. The record fee is capped at $30 plus any FBI cost, optional Rap Back alerts cost up to $12 a year, and no one under 18 may be checked without parental consent. It is optional, and ALEA had not published the portal or fees when we checked.
Must Alabama volunteers report child abuse under § 26-14-3?
Alabama’s reporting statute, § 26-14-3, lists professions and roles — including school employees, day care workers or employees, clergy and “any other person called upon to render aid or medical assistance to any child” — and never names volunteers, so a volunteer is required to report only if a listed role fits. Anyone may report. From October 1, 2026, required reporters must report orally to law enforcement or DHR immediately and follow up in writing within 72 hours.
Can a VolunteerBadge check stand in for DHR’s suitability letter?
No. A DHR fingerprint check and suitability letter, a youth residential program’s check, a Shirley’s Law registry query and the 2027 overnight-camp rule are Alabama requirements, and no commercial report satisfies any of them. VolunteerBadge is meant for the church classes, ball teams, mentoring matches and co-ops that Chapter 38-13 never reaches — and as an added layer beside a DHR check, never in place of one.

Beyond Found Suitable

More on Alabama

The Alabama sources behind Found Suitable

Checked September 12, 2026. The guide cites each one where it is used.

  1. Code of Ala. § 38-13-3 — Criminal history check required (employees, volunteers, foster and adoptive parents)
  2. Code of Ala. § 38-13-2 — Definitions (“employer,” “volunteer,” suitability criteria)
  3. Code of Ala. § 38-13-4 — Mandatory notice, provisional work and suitability determinations
  4. Code of Ala. § 38-13-7 — DHR determinations and reversal requests
  5. Alabama DHR — Office of Criminal History (Fieldprint, $47.20)
  6. Alabama DHR — Instructions for child care licensing background checks
  7. Code of Ala. § 38-7-3 — Child care licensing and the church-ministry exemption
  8. Code of Ala. § 38-15-5 — Youth residential facilities: checks of employees and volunteers
  9. Code of Ala. § 41-9-650.1 — Alabama Background Check Service (eff. Oct. 1, 2026)
  10. Act 2026-374 (S.B. 118) — enrolled text
  11. Act 2026-368 (H.B. 381) — Sarah Marsh Heaven’s 27 Camp Safety Act
  12. Code of Ala. § 22-11F-3 — Coach Safely Act course requirement
  13. Code of Ala. § 16-22A-1 — Alabama Child Protection Act of 1999 (schools)
  14. Code of Ala. § 38-9G-5 — Shirley’s Law registry query
  15. Code of Ala. § 15-20A-13 — Adult sex offender employment and volunteer restrictions
  16. Code of Ala. § 26-14-3 — Mandatory reporting of child abuse
  17. Act 2026-375 (S.B. 203) — enrolled text (reporting changes eff. Oct. 1, 2026)
  18. Code of Ala. § 15-27-6 — Effect of expungement
  19. Code of Ala. § 13A-9-71 — Charitable organization registration
  20. Alabama Attorney General — Charitable Organizations
  21. Code of Ala. § 6-5-336 — The Volunteer Service Act
  22. ALEA — Alabama Background Check
  23. ACF — Child Maltreatment 2024

General information, not legal advice. Laws and agency practice change. Confirm anything you rely on with the agencies named here, your licensor, your insurer or qualified counsel. Spot an error? Tell us and we will fix it.

VolunteerBadge is owned and operated by ScreenForge Labs, LLC, an FCRA-regulated Consumer Reporting Agency that has obtained its FCRA Certificate from the Consumer Data Industry Association (CDIA). This guide is general educational information and is not legal advice. Laws change; this guide's sources were checked as of September 12, 2026.