SB248 Alabama 2022 Session

Summary

Primary Sponsor

Dan RobertsSenator

Republican

Co-Sponsor

J.T. Waggoner

Session

Regular Session 2022

Title

Child-care facilities, Dept of Human Resources, require DHR to revise certain standards regulating child-care facilities, requires DHR to adopt rules, Sec. 38-7-22 added; Secs. 38-7-2, 38-7-3, 38-7-5, 38-7-7, 38-7-12, 38-7-13, 38-7-14, 38-7-20, 38-13-4 am'd.

Summary

SB248 would overhaul Alabama's child-care laws by updating definitions, tightening background checks, and raising minimum standards, while clarifying exemptions and rulemaking for religious facilities.

What This Bill Does

It requires the Department of Human Resources to revise definitions and update rules for advertising, employment qualifications, recordkeeping, and data reporting for child-care facilities. It changes criminal history checks to be valid for five years and requires a new check after any subsequent investigation; it allows employees to work extended shifts and limits using past criminal activity to bar employment after a certain time. It directs DHR to adopt new minimum standards and additional rules to implement and enforce the provisions, including rules on licensing, fire safety, occupancy, crib spacing, digital reporting, and notice before changes to standards. It also sets provisions for church-related exemptions, including annual notices, affidavits, and a process for inspecting and potentially licensing facilities affiliated with churches or religious schools.

Who It Affects

• Applicants, volunteers, or employees of day-care centers would be subject to criminal history background checks that are valid for five years and may be disqualified or approved based on a new investigation; they may also be affected by extended shift provisions.
• Child-care facility operators and employers must comply with revised advertising, recordkeeping, and data-reporting standards and meet new minimum standards for licensure.
• The Department of Human Resources would adopt and enforce new and updated rules governing these facilities.
• Church or nonprofit religious organizations operating exempt child-care facilities face new requirements for notices, affidavits, and possible licensing or ongoing compliance, while some facilities may remain exempt under certain conditions.

Key Provisions

• Defines key terms for child-care facilities and creates Sections to revise 38-7-2 and related sections to reflect new rules.
• Requires DHR to revise minimum standards for licensed day-care centers and adopt rules to implement and enforce them, including advertising, employment qualifications, recordkeeping, and data reporting.
• Criminal history checks and suitability letters become valid for five years, with invalidation upon any new investigation; a suitability determination is required for employment/licensing.
• Allows extended shifts for employees and limits consideration of past criminal activity after a set time; creates 38-7-22 prohibiting employers from requiring more than eight hours per shift and not prohibiting up to 12 hours.
• Adds or updates for church/religious facilities: annual operation notices, records, affidavits for parents and church representatives, an August 1, 2019 licensing deadline for integrated church facilities, and inspection/oversight mechanisms for exempt facilities.
• Imposes new rulemaking deadlines (by Jan 1, 2023 for amendment of minimum standards; rules to update within three months after adoption).

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Child Care Facilities