SB236 Alabama 2017 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2017

Title

Child care facilities, church based, licensing required, Secs. 13A-6-29, 38-7-2, 38-7-3, 38-13-2, 38-13-3 am'd.

Summary

SB236 creates the Child Care Safety Act, requiring licensure for church-based and other faith-affiliated child care programs and strengthening background checks for staff and volunteers.

What This Bill Does

It adds preschools to the definition of day care center and ends the exemption that church or religious nonprofit child care programs had from licensing, making them licensed by the Department of Human Resources. It clarifies that licensing cannot infringe on religious rights and expands criminal history background checks for many people involved with child care, including with two fingerprint checks and ongoing checks for certain positions. It also sets out record-keeping, notices to parents, and a mechanism for verifying background checks before subsidized funds are distributed; and it creates a specific crime related to misuse of medication by a child care facility staff.

Who It Affects

• Church-based and nonprofit religious school child care programs would now be licensed and subject to state rules, records, annual notices, and inspections.
• Child care workers, volunteers, adoptive/foster parents, license applicants, and related staff who work with children would face criminal history background checks (fingerprints or name checks), with required procedures and possible disqualification for certain convictions.

Key Provisions

• Establishes the Child Care Safety Act and broadens the definition of day care center to include preschools.
• Eliminates the exemption for church/nonprofit religious school child care facilities, requiring licensure by the Department of Human Resources and adding related notice/record-keeping requirements for exempt programs.
• Requires comprehensive criminal history background checks for applicants, employees, volunteers, foster/adoptive parents, and licensees, including two sets of fingerprints and processing by DPS/ACJIC; allows voluntary checks for license-exempt facilities and requires verification before subsidized funds are disbursed.
• Adds a new crime for administering medication to a child beyond prescription or with reckless disregard, with escalating felony levels depending on harm.
• Ensures licensing does not infringe on religious rights and outlines forms/affidavits for parent/guardian notification and church/school notice.
• Applies effective dates: church-integrated preschool licensing required by August 1, 2018; act becomes effective upon passage with certain provisions operative by August 1, 2018.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Child Care