Senate Bill 336 Alabama 2026 Session

Summary

Primary Sponsor

Will BarfootSenator

Republican

Session

2026 Regular Session

Title

Department of Human Resources, child-care facilities, exceptions to licensing requirements, limited; child abuse investigations, procedures and authority revised; cause of action for violations

Summary

SB336 tightens licensing for certain for-profit or 24-hour child-care facilities, expands enforcement, and creates private rights of action for violations.

What This Bill Does

If enacted, the bill would remove existing exemptions for certain child-care facilities and require licenses or approvals for for-profit or 24-hour operations; it would require more detailed license applications for 24-hour facilities; it would grant the Department of Human Resources authority to regulate video surveillance and data retention for facilities. It also expands enforcement by allowing law enforcement to enter facilities without notice during abuse investigations and to take custody of children if needed, and creates private causes of action for violations by child-care facilities and youth residential programs.

Who It Affects

• Child-care facility operators, including for-profit entities and those operating on a 24-hour basis, who must obtain licenses/approvals and meet new requirements
• Children in care and their families, and individuals who suffer violations, who gain new private rights of action and potential damages

Key Provisions

• Remove exemptions: for-profit or 24-hour facilities are no longer exempt from licensing.
• Enhanced license/applications: 24-hour facilities must provide detailed ownership, nonprofit/for-profit structures, related organizations, board members, number of youth served, and history when applying.
• Video surveillance and data retention: DHR may set rules on use of video surveillance and must require recordings to be kept for a minimum of 30 days; records must be stored with specified retention periods.
• Expanded enforcement: law enforcement can enter premises without notice during abuse investigations and may take custody of children; DHR can revoke licenses without notice for hazardous conditions.
• Private actions for violations: new private causes of action under 38-7-16.1 and 38-15-10 allow damages (including at least $10,000 statutory per violation), attorney fees, and costs; damages can be tripled for multiple violations in five years; two-year statute of limitations.
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano-2025-08-07 on Mar 3, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

State Government