HB76 Alabama 2018 Session

Summary

Primary Sponsor

Pebblin W. WarrenRepresentative

Democrat

Session

Regular Session 2018

Title

Child care facilities, daycare centers defined to include preschools, church based, licensing required under certain conditions, criminal history background checks required, Sec. 38-7-21 added; Secs. 13A-6-29, 38-7-2, 38-7-3, 38-13-2, 38-13-3 am'd.

Summary

HB 76 creates the Child Care Safety Act to require licensing for more day care facilities, include preschools in the day care definition, strengthen background checks, and set in motion steps for church-related programs to come under state oversight.

What This Bill Does

It expands the day care center definition to include preschools. It narrows exemptions for church-based facilities by requiring licensure, with specific notice and reporting requirements, and it disqualifies exemptions for facilities that receive state or federal funds, operate for profit, or distribute child care subsidies. It establishes safety, reporting, and inspection requirements, including a 90-day compliance window for unlicensed church programs and an August 1, 2019 licensing deadline for integrated church facilities. It strengthens criminal history background checks for staff, volunteers, and adoptive/foster roles, including fingerprinting and Department of Human Resources funding of checks, while clarifying that licensing cannot infringe on religious practice.

Who It Affects

• Churches or religious nonprofit entities that run day care centers or preschools: must become licensed, file notices, undergo safety inspections, maintain records, and use affidavits; many staff and volunteers will be subject to criminal history background checks.
• Parents/guardians and children at these facilities: will receive information about staff qualifications, curriculum, discipline policies, and the religious instruction offered; facilities must post licensing status and provide annual notices and parent affidavits.

Key Provisions

• Redefines 'day care center' to include preschools and expands the range of facilities needing licensing.
• Removes broad licensure exemptions for church-based facilities, making most faith-based programs subject to licensure unless they qualify for a specific church ministry exemption with required notices and annual reporting; facilities receiving government funds or subsidies are not exempt.
• Adds 38-7-21 establishing a 90-day period for unlicensed church-operated day care/preschool programs to come into compliance, with existing construction not required to meet minimum licensed standards for the initial period.
• Requires licensed status for integrated church/nonprofit religious school day care facilities by no later than August 1, 2019; applies licensing rules under Chapter 7, Title 38.
• Imposes criminal history background checks for employees, volunteers, and adoptive/foster applicants, including fingerprints; the Department of Human Resources pays the associated fees; license-exempt facilities may voluntary participate.
• Implements annual notices, affidavits, and posted statements about licensing status; requires documentation and reporting of fire/health inspections, staff background checks, and other records to the Department of Human Resources; ensures parents are informed about program details.

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 Facilities