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SB336 INTRODUCED
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SB336
XDYTW7E-1
By Senator Barfoot
RFD: Judiciary
First Read: 03-Mar-26
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XDYTW7E-1 02/24/2026 CMH (L)CMH 2026-531
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First Read: 03-Mar-26
SYNOPSIS:
Under existing law a person must have a license
to operate a child-care facility, unless exempted by
law.
This bill would provide that a child-care
facility that would otherwise be exempted is not exempt
if the facility is operated on a for-profit basis or is
operated on a 24-hour basis.
This bill would provide additional requirements
for an application to operate a child-care facility on
a 24-hour basis.
Under existing law, the Department of Human
Resources is authorized to adopt rules to regulate
child-care facilities.
This bill would further provide for the
authority to adopt rules by specifying the department
has the authority to adopt rules governing the use of
video surveillance in the facilities and would
establish various data retention requirements.
Under existing law, child-care facilities are
required to give the department a reasonable
opportunity to inspect the child-care facility. The
inspection may be performed without prior notice, but
must be performed at a reasonable time.
This bill would provide that if a law
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This bill would provide that if a law
enforcement agency is investigating a claim of child
abuse or neglect, the law enforcement agency may enter
the premises of the child-care facility without prior
notice, without permission, and at any time, and may
take into custody any child who is the subject of a
complaint.
This bill would also establish a private cause
of action for any individual who is subjected to a
violation of the child-care facility or youth
residential facility laws.
A BILL
TO BE ENTITLED
AN ACT
Relating to child-care facilities; to amend Sections
38-7-2, 38-7-4, 38-7-7, 38-7-11, and 38-7-16, Code of Alabama
1975, to provide that an existing exception to the child-care
facility licensing requirements does not apply to entities
operating on a for-profit or 24-hour basis; to provide
additional requirements for an application to operate a
child-care facility; to provide the Department of Human
Resources with authority to adopt rules governing video
surveillance of child-care facilities and records storage
requirements; and to provide additional investigative
authority to law enforcement agencies investigating child
abuse or neglect in the facilities; to add Section 38-7-16.1
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abuse or neglect in the facilities; to add Section 38-7-16.1
to the Code of Alabama 1975, to establish a private cause of
action for violations at child-care facilities; and to add
Section 38-15-10 to the Code of Alabama 1975, to establish a
private cause of action for violations at youth residential
facilities and programs .
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 38-7-1, 38-7-2, 38-7-4, 38-7-7,
38-7-11, and 38-7-16, Code of Alabama 1975, are amended to
read as follows:
"§38-7-1
This chapter shall be known and may be cited as the
Child Care Act of 1971 Paris Hilton Child Safety and
Accountability Act ."
"§38-7-2
Terms used in this chapter, unless the context
otherwise requires, have the meanings ascribed to them in this
section. When not inconsistent with the context, words used in
the present tense include the future, words in the singular
number include the plural number, and words in the plural
number include the singular number, and the word "shall" is
always mandatory and not merely directory:
(1) CHILD. Any person individual under 19 years of age ,
a person under the continuing jurisdiction of the juvenile
court pursuant to Section 12-15-117, or a person under 21
years of age in foster care as defined by the Department of
Human Resources who has not been emancipated .
(2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD
CARE. A child-care facility where more than 10 children are
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CARE. A child-care facility where more than 10 children are
received and maintained for the purpose of providing them with
care, treatment, or training or both , or transitional living
program services , but does . Unless the child-care facility
operates on a for-profit basis or engages in 24-hour
residential care, rehabilitation, or treatment of children,
the term does not include any of the following :
a. Any institution for child care which is under the
ownership or control, or both, of the State of Alabama, or
which is operated or certified or licensed by another agency
or department of the State of Alabama ;.
b. Any juvenile detention home established and operated
by the State of Alabama ;.
c. Any bona fide boarding school in which children are
primarily taught branches of education corresponding to those
taught in public schools, grades 1 through 12, or taught in
public elementary schools, high schools, or both elementary
and high schools.
(3) CHILD-PLACING AGENCY. A public or private
child-care facility which receives, places, or arranges for
the placement of any child or children in adoptive or foster
family homes or other facilities for child care apart from the
custody of the child's or children's parents. The term
includes, but is not limited to, all agencies established and
maintained by a municipality or other political subdivision of
the State of Alabama to protect, guard, train, or care for
children outside their own homes , but. The term does not
include any circuit court or juvenile court or any duly
appointed juvenile probation officer or youth counselor of the
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appointed juvenile probation officer or youth counselor of the
court who receives and places children under an order of the
court.
(4) DAY CARE CENTER. Any child-care facility receiving
more than 12 children for daytime care during all or part of a
day. The term includes, but is not limited to, facilities
commonly called "child-care centers," "day nurseries,"
"nursery schools," "pre-kindergartens," "preschools,"
"kindergartens," and "play groups," with or without stated
educational purposes. The term further includes, but is not
limited to, pre-kindergarten, preschool, kindergarten, or
nursery schools or other daytime programs operated as a part
of a private school and receiving children younger than lawful
school age for daytime care for more than four hours a day,
with or without stated educational purposes. The term does not
include any of the following:
a. Kindergartens or nursery schools or other daytime
programs operated by public elementary systems or secondary
level school units or institutions of higher learning.
b. Kindergartens or nursery schools or other daytime
programs, with or without stated educational purposes,
operating no more than four hours a day and receiving children
younger than lawful school age.
c. Kindergartens or nursery schools or other daytime
programs operated as a part of a private school and receiving
children younger than lawful school age for four hours a day
or less, with or without stated educational purposes.
d. Facilities operated for more than four hours a day
in connection with a shopping center or service or other
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in connection with a shopping center or service or other
similar facility, where transient children are cared for
temporarily while parents or custodians of the children are
occupied on the premises or are in the immediate vicinity and
readily available. The facilities shall meet local and state
fire and health requirements.
e. Any type of day care center that is conducted on
federal government premises.
f. Special activities programs for children of lawful
school age including, but not limited to, athletics, crafts
instruction, and similar activities conducted on an organized
and periodic basis by civic, charitable, and governmental
organizations, provided local and state fire and health
requirements are met.
(5) DAY CARE HOME. A child-care facility which is a
family home and which receives not more than six children for
care during the day.
(6) DEPARTMENT. The Department of Human Resources of
the State of Alabama.
(7) FACILITY FOR CHILD CARE or CHILD-CARE FACILITY. A
facility established by any person individual , group of
persons individuals , agency, association, or organization,
whether established for gain or otherwise, who or which
receives or arranges for care or placement of one or more
children, unrelated to the operator of the facility, apart
from the parents, with or without the transfer of the right of
custody, in any facility as defined in this chapter,
established and maintained for the care of children.
(8) FOSTER FAMILY HOME. A child-care facility in a
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(8) FOSTER FAMILY HOME. A child-care facility in a
residence of a family where the family receives a child or
children, whether related or not related to the family as the
term "related" is defined in this section , for the purpose of
providing family care or therapeutic family care and training,
or transitional living program services on a full-time basis.
The types of foster family homes are defined as follows:
a. Traditional foster family home. A child
carechild-care facility in a residence of a family where the
family receives a child or children, not related to that
family as that term is defined in Section 12-15-301(14), for
the purpose of providing family care and training on a
full-time basis.
b. Related foster family home. A foster family home
wherein the family is related to the child by blood, marriage,
or adoption within the fourth degree of kinship, including
only a brother, sister, uncle, aunt, first cousin,
grandparent, great-grandparent, great aunt, great uncle,
great-great great-great- grandparent, niece, nephew,
grandniece, grandnephew, or a stepparent.
c. Free home. A foster family home, whether related or
not related as defined in Section 12-15-301(14), which does
not receive payment for the care of a child or children and
which may or may not receive the child or children for the
purpose of adoption.
d. Therapeutic foster family home. A child
carechild-care facility in a residence of a family where the
family receives a child or children for the purpose of
providing therapeutic family care and training on a full-time
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providing therapeutic family care and training on a full-time
basis.
(9) GROUP DAY CARE HOME. A child-care facility which is
a family home and which receives at least seven but no more
than 12 children for care during part of the day where there
are at least two adults present and supervising the
activities.
(10) GROUP HOME. A child-care facility where at least
seven but not more than 10 children are received and
maintained for the purpose of providing them with care or
training, or both, or transitional living program services.
(11) MATERNITY CENTER. A facility in which any person,
agency, or corporation receives or cares for one or more minor
pregnant girls, except that the term does not include
hospitals.
(12) NIGHT CARE FACILITY. A child-care facility which
is a center or a family home receiving a child or children for
care during the night. The term includes the following:
a. Nighttime center. A facility which is established to
receive more than 12 children for nighttime care.
b. Nighttime home. A family home which receives no more
than six children for nighttime care.
c. Group nighttime home. A child-care facility which is
a family home which receives at least seven but no more than
12 children for nighttime care and where there are at least
two adults present and supervising the activities.
(13) RELATED. Any of the following relationships by
blood, marriage, or adoption: Parent, grandparent, brother,
sister, stepparent, stepbrother, stepsister, half brother,
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sister, stepparent, stepbrother, stepsister, half brother,
half sister, uncle or aunt, and their spouses.
(14) TRANSITIONAL LIVING FACILITY. A child-care
facility or program that is designed to give opportunities to
practice independent living skills to eligible persons at
least 16 years of age and under 21 years of age in foster care
in a variety of residential settings with varying degrees of
care and supervision."
"§38-7-4
(a) Any person individual , group of persons individuals,
or corporation who or which receives children or arranges for
care or placement of one or more children unrelated to the
operator shall apply for a license or for approval to operate
one of the types of child-care facilities defined in this
chapter. Application for such license or approval to operate a
child-care facility shall be made to the department in the
manner and on forms prescribed by it. The application to
operate a child-care facility subject to this chapter where
children are received, maintained, or provided with 24-hour
residential care and supervision shall include, but not be
limited to, all of the following:
(1) The proper legal name and corporate legal structure
of the facility.
(2) A statement of whether the facility is for-profit
or nonprofit. If the facility is for-profit, the name of all
individuals or entities who receive the profits. If the
facility is nonprofit, the names of any associated
organizations and any members of management or directors who
provide substantial services or direction to the facility.
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provide substantial services or direction to the facility.
(3) If the facility was engaged in substantially the
same activities within the previous three years, the previous
proper legal name, corporate legal structure, and the
identification of members of management or directors who were
involved with the operation of the previous facility.
(4) A list of all other similar facilities within this
state operated by the facility.
(5) A list of all board members, directors, and any
other individual with decision-making authority over the
facility.
(6) The total number of youth that were housed or
treated at the facility during the calendar year.
(b) The department, upon receiving such an application,
shall examine the premises of the child-care facility,
including buildings, equipment, furnishings , and appliances
thereof , and shall investigate the persons responsible for the
care of children therein in the facility .
(c) If, upon such examination of the facility and
investigation of the persons responsible for care of children,
the department is satisfied that the facility and the
responsible persons reasonably meet standards prescribed for
the type of child-care facility for which application is made,
the department shall issue a license or an approval in the
proper form, designating on said the license or approval the
type of child-care facility and, except for a child-placing
agency, the number of children to be served at any one time.
(d) Application A person desiring to operate a foster
family home may be made make application to a licensed
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family home may be made make application to a licensed
child-placing agency as defined in subdivision (7) of Section
38-7-2, and such . The licensed child-placing agency may
examine said the foster family home and investigate the
persons therein in the home responsible for the care of
children , and, upon being . If the licensed child-placing
agency is satisfied that the foster family home and the
responsible persons reasonably meet the standards prescribed
by the department, said the licensed child-placing agency may
issue an approval to said the foster family home."
"§38-7-7
(a) The department shall prescribe and publish minimum
standards for licensing and for approving all child-care
facilities , as defined in this chapter. In establishing such
standards , the department shall seek the advice and assistance
of persons representative of the various types of child-care
facilities. The standards prescribed and published adopted
under this chapter shall include regulations rules pertaining
to all of the following :
(1) The operation and conduct of the child-care
facility and the responsibility it the facility assumes for
child care , including assuming the duty to adhere to
department rules regarding children in the facility and their
families ;.
(2) The character, suitability , and qualifications of
the applicant and other persons directly responsible for the
care and welfare of children served ;.
(3) The general financial ability and competence of the
applicant to provide necessary care for children and to
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applicant to provide necessary care for children and to
maintain prescribed standards ;.
(4) The number of individuals or staff required to
insure ensure adequate supervision and care of the children
served ;.
(5) The appropriateness, safety, cleanliness , and
general adequacy of the premises, including maintenance of
adequate fire prevention and health standards conforming to
state laws and municipal codes , to provide for the physical
comfort, care, well-being and safety of children served ;.
(6) Provisions for food, clothing, educational
opportunities, program equipment , and individual supplies to
assure ensure the healthy physical and mental development of
children served , consistent with the definitions contained in
this chapter; .
(7) The use of video surveillance in the common areas
of group homes and child-care institutions, including a
requirement that all recordings be kept for a minimum of 30
calendar days.
(7)(8) Maintenance of records pertaining to the
admission, progress, health , and discharge of children, and
provisions for confidentiality of such the records , which
shall include maintaining and storing the record for a minimum
of six years or until the child reaches 21 years of age,
whichever occurs last. Records shall be stored by the name of
the child ;.
(8)(9) Filing of reports with the department ; and.
(9)(10) Discipline of children.
(b) If, in a facility for child care, there are
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(b) If, in a facility for child care, there are
children diagnosed as mentally ill, mentally retarded having a
mental illness, having a mild to severe impairment in
intellectual ability, or being physically handicapped who are
determined to be in need of special mental treatment or of
nursing care, or both mental treatment and nursing care, the
department shall may seek the advice and recommendation of the
Department of Mental Health or the State Board of Health, or
of both, regarding the residential treatment and nursing care
provided by the facility.
(c) A child-care facility subject to this chapter shall
provide written notification to the department within 24 hours
of the arrival, enrollment, or admittance of any child to the
facility. The written notification shall be provided on a
standard form prepared by the department.
(c)(d) The department, in applying standards prescribed
and published, as herein provided under this chapter , shall
offer consultation through employed staff or other specified
persons to assist applicants and licensees in meeting and
maintaining minimum requirements for a license and to help
them otherwise to achieve programs of excellence related to
the care of children served."
"§38-7-11
(a) The department shall have the right and its
authorized representatives shall be afforded reasonable
opportunity , to inspect any of the following:
(1) A child-care facility seeking a license or an
approval or a six-month permit pursuant to this chapter , any.
(2) A child-care facility seeking a renewal of a
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(2) A child-care facility seeking a renewal of a
license or an approval or a six-month permit pursuant to this
chapter and any .
(3) A child-care facility which is operating under a
license or an approval or a six-month permit issued pursuant
to this chapter.
(b) Such The inspection shall may include, but is not
be limited to, premises, services, personnel, program
programs , accounts and records, interviews with agents and
employees of the child-care facility being inspected , and
interviews with any child or other person within the custody
or control of said the child-care facility.
(c) Such The inspection shall may be made at any
reasonable time, without prior notice, and as often as
necessary to enforce and administer the provisions of this
chapter. It shall be the duty of the department, through its
agents, to conduct the inspections authorized hereinabove by
this section .
(d) If any such inspection of a licensed or approved
child-care facility discloses any condition, deficiency,
dereliction , or abuse which is, or could be, hazardous to the
health, the safety , or the physical, moral , or mental
well-being of the children in the care of the child-care
facility being inspected, the same shall at once be brought to
the attention of the department, and the department shall have
the power to revoke without notice the license or approval or
six-month permit of such the child-care facility. In this
event, the child-care facility shall not operate during the
pendency of any proceeding for fair hearing or judicial
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pendency of any proceeding for fair hearing or judicial
review, except under court order.
(e)(1) If a law enforcement agency receives a complaint
that abuse or neglect has occurred at a child-care facility
subject to this chapter, or if the law enforcement agency
otherwise has reason to believe that abuse or neglect has
occurred, the law enforcement agency, at any time and without
notice or permission, may enter the premises of the facility
in furtherance of the investigation.
(2) If the law enforcement agency has received a
complaint of abuse or neglect, the agency shall be allowed to
speak with the child in person and may take the child into
custody for the pendency of the investigation.
(3) Any person who refuses to comply with a lawful
request issued pursuant to this subsection shall be guilty of
a Class B misdemeanor. "
"§38-7-16
(a) Any It shall be unlawful for any person individual ,
group of persons individuals , association , or corporation who
does any of the following :
(1) Conducts, operates or acts as a child-care facility
without first obtaining a license, or a six-month permit , or
an approval from the department to do so in violation of the
provisions of this chapter ;.
(2) Makes materially false statements in order to
obtain a license or permit ;.
(3) Fails to keep the records and make the reports
provided under this chapter ;.
(4) Advertises any service not authorized by the
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(4) Advertises any service not authorized by the
license or permit held ;.
(5) Publishes any advertisement in violation of this
chapter ;.
(6) Receives within this state any child in violation
of Section 38-7-15 ;.
(7) Violates any other provision of this chapter or any
reasonable rule or regulation adopted and published by the
department for the enforcement of the provisions of this
chapter , shall .
(b)(1) A person who violates this section shall be
guilty of a Class C misdemeanor and shall be fined not less
than $100.00 one hundred dollars ($100) nor more than
$1,000.00 one thousand dollars ($1,000) or be imprisoned in
the county jail not longer than one year, or both , and, in
case of .
(2) If the violation is committed by an association or
corporation, the imprisonment may be imposed upon its the
officers of the association or corporation who knowingly
participated in the violation.
(c) In a prosecution under this chapter, a defendant
who relies upon the relationship of any child to himself has
the burden of proof as to that relationship."
Section 2. Section 38-7-16.1 is added to Chapter 7 of
Title 38, Code of Alabama 1975, to read as follows:
§38-7-16.1
(a) Any individual who has resided in, received
treatment in, or received rehabilitation in the care of a
child-care facility subject to this chapter who is subjected
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child-care facility subject to this chapter who is subjected
to a violation of this chapter shall have a private cause of
action and may recover from the individual, association, or
corporation that engaged in the violation any of the
following:
(1) Compensatory damages.
(2) Statutory damages of not less than ten thousand
dollars ($10,000) per violation.
(3) Reasonable attorney fees.
(4) Court costs.
(b) If the court finds that the defendant child-care
facility has committed three or more separate violations in
the preceding five-year period, in addition to the other
damages, the court shall order the compensatory damages under
subdivision (a)(1) to be tripled.
(c) An individual alleging a violation of this chapter
must commence an action under this section within two years of
the violation or, if the individual is under 19 years of age,
within two years of the individual attaining 19 years of age.
Section 3. Section 38-15-10 is added to Chapter 15 of
Title 38, Code of Alabama 1975, to read as follows:
§38-15-10
(a) Any individual who has resided in, received
treatment in, or received rehabilitation in the care of a
youth residential facility, institution, school, or program
required to be registered with the department pursuant to
Section 38-15-4 who is subjected to a violation of this
chapter shall have a private cause of action and may recover
from the individual, association, or corporation that engaged
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from the individual, association, or corporation that engaged
in the violation any of the following:
(1) Compensatory damages.
(2) Statutory damages of not less than ten thousand
dollars ($10,000) per violation.
(3) Reasonable attorney fees.
(4) Court costs.
(b) If the court finds that the defendant child-care
facility has committed three or more separate violations in
the preceding five-year period, in addition to the other
damages, the court shall order the compensatory damages under
subdivision (a)(1) to be tripled.
(c) An individual alleging a violation of this chapter
must commence an action under this section within two years of
the violation or, if the individual is under 19 years of age,
within two years of the individual attaining 19 years of age.
Section 4. This act shall become effective on October
1, 2026.
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493