Alabama 2022 Regular Session

Alabama Senate Bill SB248 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 SB248
2	2	2 217435-1
3	3	3 By Senators Roberts and Waggoner
4	4	4 RFD: Children, Youth and Human Services
5	5	5 First Read: 22-FEB-22
6	6
7	7	Page 0 1 217435-1:n:02/22/2022:AHP/cmg LSA2022-484
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10	10	4
11	11	5
12	12	6
13	13	7
14	14	8 SYNOPSIS: Existing law provides for the licensure and
15	15	9 regulation of child-care facilities by the
16	16	10 Department of Human Resources. This bill would
17	17	11 revise defined terms.
18	18	12 This bill would require changes to existing
19	19	13 rules of the department by revising requirements
20	20	14 for child-care facility operators pertaining to
21	21	15 advertising, employment qualification standards,
22	22	16 recordkeeping standards, and data reporting
23	23	17 standards for child-care facilities.
24	24	18 Existing law provides that only one criminal
25	25	19 history background information check is required on
26	26	20 an individual regardless of subsequent changes in
27	27	21 employment or licensing or approval status.
28	28	22 This bill would provide that criminal
29	29	23 history background checks and suitability
30	30	24 determination letters from the Department of Human
31	31	25 Resources for applicants, volunteers, or employees
32	32	26 of a day care center are valid for five years,
33	33	27 except that a new criminal investigation conducted
34	34	Page 1 1 after the check is completed or the suitability
35	35	2 determination letter is issued shall cause the
36	36	3 check and the suitability determination letter to
37	37	4 become invalid.
38	38	5 This bill would allow employees of
39	39	6 child-care facilities to work extended shifts and
40	40	7 would provide that evidence of certain criminal
41	41	8 activities may not be considered against applicants
42	42	9 for a license to operate a child-care facility or
43	43	10 an applicant for employment at a child-care
44	44	11 facility if a specified amount of time has elapsed
45	45	12 since the criminal activities took place.
46	46	13 This bill would require the Department of
47	47	14 Human Resources to adopt rules pertaining to
48	48	15 minimum standards for child-care facilities.
49	49	16 This bill would also require the Department
50	50	17 of Human Resources to adopt additional rules to
51	51	18 implement and enforce its provisions.
52	52	19
53	53	20 A BILL
54	54	21 TO BE ENTITLED
55	55	22 AN ACT
56	56	23
57	57	24 Relating to child-care facilities; to amend Section
58	58	25 38-7-2, Code of Alabama 1975, as amended by Act 2021-225, 2021
59	59	26 Regular Session, and Sections 38-7-3, 38-7-5, 38-7-7, 38-7-12,
60	60	27 38-7-13, 38-7-14, 38-7-20, and 38-13-4, Code of Alabama 1975;
61	61	Page 2 1 to add Section 38-7-22 to the Code of Alabama 1975; to revise
62	62	2 defined terms; to require the Department of Human Resources to
63	63	3 revise certain existing requirements for child-care facility
64	64	4 operators pertaining to advertising and licensure; to revise
65	65	5 certain employment qualification standards, recordkeeping
66	66	6 standards, and data reporting standards for child-care
67	67	7 facilities; to allow employees of child-care facilities to
68	68	8 work extended shifts; to provide further for the requirement
69	69	9 to receive a criminal history background check as a condition
70	70	10 of employment with certain child-care and adult care
71	71	11 facilities; to further provide for the issuance of a
72	72	12 suitability determination letter; to require the Department of
73	73	13 Human Resources to adopt certain rules; and to require the
74	74	14 Department of Human Resources to adopt additional rules to
75	75	15 implement and enforce its provisions.
76	76	16 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
77	77	17 Section 1. Section 38-7-2, Code of Alabama 1975, as
78	78	18 amended by Act 2021-225, 2021 Regular Session, and Sections
79	79	19 38-7-3, 38-7-5, 38-7-7, 38-7-12, 38-7-13, 38-7-14, 38-7-20,
80	80	20 and 38-13-4, Code of Alabama 1975, are amended to read as
81	81	21 follows:
82	82	22 "§38-7-2.
83	83	23 "Terms used in this chapter, unless the context
84	84	24 otherwise requires, have the meanings ascribed to them in this
85	85	25 section. When not inconsistent with the context, words used in
86	86	26 the present tense include the future, words in the singular
87	87	27 number include the plural number, and words in the plural
88	88	Page 3 1 number include the singular number, and the word "shall" is
89	89	2 always mandatory and not merely directory:
90	90	3 "(1) CHILD. Any person under 19 years of age, a
91	91	4 person under the continuing jurisdiction of the juvenile court
92	92	5 pursuant to Section 12-15-117, or a person under 21 years of
93	93	6 age in foster care as defined by the Department of Human
94	94	7 Resources.
95	95	8 "(2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD
96	96	9 CARE. A child-care facility where more than 10 children are
97	97	10 received and maintained for the purpose of providing them with
98	98	11 care or training or both, or transitional living program
99	99	12 services, but does not include:
100	100	13 "a. Any institution for child care which is under
101	101	14 the ownership or control, or both, of the State of Alabama, or
102	102	15 which is operated or certified or licensed by another agency
103	103	16 or department of the State of Alabama;
104	104	17 "b. Any juvenile detention home established and
105	105	18 operated by the State of Alabama;
106	106	19 "c. Any bona fide boarding school in which children
107	107	20 are primarily taught branches of education corresponding to
108	108	21 those taught in public schools, grades 1 through 12, or taught
109	109	22 in public elementary schools, high schools, or both elementary
110	110	23 and high schools.
111	111	24 "(3) CHILD-PLACING AGENCY. A public or private
112	112	25 child-care facility which receives, places, or arranges for
113	113	26 the placement of any child or children in adoptive or foster
114	114	27 family homes or other facilities for child care apart from the
115	115	Page 4 1 custody of the child's or children's parents. The term
116	116	2 includes, but is not limited to, all agencies established and
117	117	3 maintained by a municipality or other political subdivision of
118	118	4 the State of Alabama to protect, guard, train, or care for
119	119	5 children outside their own homes, but does not include any
120	120	6 circuit court or juvenile court or any duly appointed juvenile
121	121	7 probation officer or youth counselor of the court who receives
122	122	8 and places children under an order of the court.
123	123	9 "(4) DAY CARE CENTER. Any child-care facility
124	124	10 receiving more than 12 children for daytime care during all or
125	125	11 part of a day. The term includes, but is not limited to,
126	126	12 facilities commonly called "child-care centers," "day
127	127	13 nurseries," "nursery schools," "pre-kindergartens,"
128	128	14 "preschools," "kindergartens," and "play groups," with or
129	129	15 without stated educational purposes. The term further
130	130	16 includes, but is not limited to, pre-kindergarten, preschool,
131	131	17 kindergarten, or nursery schools or other daytime programs
132	132	18 operated as a part of a private school and receiving children
133	133	19 younger than lawful school age for daytime care for more than
134	134	20 four hours a day, with or without stated educational purposes.
135	135	21 The term does not include any of the following:
136	136	22 "a. Kindergartens or nursery schools or other
137	137	23 daytime programs operated by public elementary systems or
138	138	24 secondary level school units or institutions of higher
139	139	25 learning.
140	140	26 "b. Kindergartens or nursery schools or other
141	141	27 daytime programs, with or without stated educational purposes,
142	142	Page 5 1 operating no more than four hours a day and receiving children
143	143	2 younger than lawful school age.
144	144	3 "c. Kindergartens or nursery schools or other
145	145	4 daytime programs operated as a part of a private school and
146	146	5 receiving children younger than lawful school age for four
147	147	6 hours a day or less, with or without stated educational
148	148	7 purposes.
149	149	8 "d. Facilities operated for more than four hours a
150	150	9 day in connection with a shopping center or service or other
151	151	10 similar facility, where transient children are cared for
152	152	11 temporarily while parents or custodians of the children are
153	153	12 occupied on the premises or are in the immediate vicinity and
154	154	13 readily available. The facilities shall meet local and state
155	155	14 fire and health requirements.
156	156	15 "e. Any type of day care center that is conducted on
157	157	16 federal government premises.
158	158	17 "f. Special activities programs for children of
159	159	18 lawful school age including, but not limited to, athletics,
160	160	19 crafts instruction, and similar activities conducted on an
161	161	20 organized and periodic basis by civic, charitable, and
162	162	21 governmental organizations, provided local and state fire and
163	163	22 health requirements are met.
164	164	23 "(5) DAY CARE HOME. A child-care facility which is a
165	165	24 family home and which receives not more than six children for
166	166	25 care during the day.
167	167	26 "(6) DEPARTMENT. The Department of Human Resources
168	168	27 of the State of Alabama.
169	169	Page 6 1 "(7) EMPLOYEE. An individual currently in the
170	170	2 service of an employer for compensation, full-time or
171	171	3 part-time, and employed by contract or at will, in which the
172	172	4 employer has the authority to control the individual in the
173	173	5 material details of how work shall be performed and when
174	174	6 compensation shall be provided.
175	175	7 "(8) EMPLOYER. An individual, person, group of
176	176	8 persons, association, partnership, corporation, limited
177	177	9 liability company or partnership, business, or other entity
178	178	10 that hires employees, has volunteers, or contracts with others
179	179	11 to provide personnel to work with or provide care to children
180	180	12 in a caretaker setting.
181	181	13 "(7)(9) FACILITY FOR CHILD CARE or CHILD-CARE
182	182	14 FACILITY. A facility established by any person, group of
183	183	15 persons, agency, association, or organization, whether
184	184	16 established for gain or otherwise, who or which receives or
185	185	17 arranges for care or placement of one or more children,
186	186	18 unrelated to the operator of the facility, apart from the
187	187	19 parents, with or without the transfer of the right of custody,
188	188	20 in any facility as defined in this chapter, established and
189	189	21 maintained for the care of children.
190	190	22 "(8)(10) FOSTER FAMILY HOME. A child-care facility
191	191	23 in a residence of a family where the family receives a child
192	192	24 or children, whether related or not related to the family as
193	193	25 the term "related" is defined in this section, for the purpose
194	194	26 of providing family care or therapeutic family care and
195	195	27 training, or transitional living program services on a
196	196	Page 7 1 full-time basis. The types of foster family homes are defined
197	197	2 as follows:
198	198	3 "a. Traditional foster family home. A child-care
199	199	4 facility in a residence of a family where the family receives
200	200	5 a child or children, not related to that family as that term
201	201	6 is defined in Section 12-15-301(14), for the purpose of
202	202	7 providing family care and training on a full-time basis.
203	203	8 "b. Related foster family home. A foster family home
204	204	9 wherein the family is related to the child by blood, marriage,
205	205	10 or adoption within the fourth degree of kinship, including
206	206	11 only a brother, sister, uncle, aunt, first cousin,
207	207	12 grandparent, great-grandparent, great aunt, great uncle,
208	208	13 great-great-grandparent, niece, nephew, grandniece,
209	209	14 grandnephew, or a stepparent.
210	210	15 "c. Free home. A foster family home, whether related
211	211	16 or not related as defined in Section 12-15-301(14), which does
212	212	17 not receive payment for the care of a child or children and
213	213	18 which may or may not receive the child or children for the
214	214	19 purpose of adoption.
215	215	20 "d. Therapeutic foster family home. A child-care
216	216	21 facility in a residence of a family where the family receives
217	217	22 a child or children for the purpose of providing therapeutic
218	218	23 family care and training on a full-time basis.
219	219	24 "(9)(11) GROUP DAY CARE HOME. A child-care facility
220	220	25 which is a family home and which receives at least seven but
221	221	26 no more than 12 children for care during part of the day where
222	222	Page 8 1 there are at least two adults present and supervising the
223	223	2 activities.
224	224	3 "(10)(12) GROUP HOME. A child-care facility where at
225	225	4 least seven but not more than 10 children are received and
226	226	5 maintained for the purpose of providing them with care or
227	227	6 training, or both, or transitional living program services.
228	228	7 "(11)(13) MATERNITY CENTER. A facility in which any
229	229	8 person, agency, or corporation receives or cares for one or
230	230	9 more minor pregnant girls, except that the term does not
231	231	10 include hospitals.
232	232	11 "(12)(14) NIGHT CARE FACILITY. A child-care facility
233	233	12 which is a center or a family home receiving a child or
234	234	13 children for care during the night. The term includes the
235	235	14 following:
236	236	15 "a. Nighttime center. A facility which is
237	237	16 established to receive more than 12 children for nighttime
238	238	17 care.
239	239	18 "b. Nighttime home. A family home which receives no
240	240	19 more than six children for nighttime care.
241	241	20 "c. Group nighttime home. A child-care facility
242	242	21 which is a family home which receives at least seven but no
243	243	22 more than 12 children for nighttime care and where there are
244	244	23 at least two adults present and supervising the activities.
245	245	24 "(13)(15) RELATED. Any of the following
246	246	25 relationships by blood, marriage, or adoption: Parent,
247	247	26 grandparent, brother, sister, stepparent, stepbrother,
248	248	Page 9 1 stepsister, half brother, half sister, uncle or aunt, and
249	249	2 their spouses.
250	250	3 "(14)(16) TRANSITIONAL LIVING FACILITY. A child-care
251	251	4 facility or program that is designed to give opportunities to
252	252	5 practice independent living skills to eligible persons at
253	253	6 least 16 years of age and under 21 years of age in foster care
254	254	7 in a variety of residential settings with varying degrees of
255	255	8 care and supervision.
256	256	9 "§38-7-3.
257	257	10 "(a) No person, group of persons, or corporation may
258	258	11 operate or conduct any facility for child care, as defined in
259	259	12 this chapter, without being licensed or approved as provided
260	260	13 in this chapter.
261	261	14 "(b)(1) Except as provided in subdivision (2), the
262	262	15 licensure requirements of this chapter do not apply to a
263	263	16 child-care facility that is operating as an integral part of a
264	264	17 local church ministry or a religious nonprofit school, and is
265	265	18 so recognized in the church or school's documents, whether
266	266	19 operated separately or as a part of a religious nonprofit
267	267	20 school unit, secondary school unit, or institution of higher
268	268	21 learning under the governing board or authority of the local
269	269	22 church or its convention, association, or regional body to
270	270	23 which it may be subject.
271	271	24 "(2) A child-care facility that receives state or
272	272	25 federal funds or is operating for profit is not exempt from
273	273	26 licensure under this subsection.
274	274	Page 10 1 "(c) A child-care facility exempt from licensure
275	275	2 under subsection (b) shall do all of the following to maintain
276	276	3 its license exempt status:
277	277	4 "(1) Provide notice of operation on an annual basis
278	278	5 to the appropriate fire and health departments so that the
279	279	6 facility may be inspected in accordance with the state and
280	280	7 local fire and health requirements, provided the facility
281	281	8 shall be inspected at least annually by the appropriate fire
282	282	9 department and the appropriate health department.
283	283	10 "(2) Provide to the department on or before October
284	284	11 1, 2018, and annually thereafter, the following records and
285	285	12 certify that the records are being maintained by the church or
286	286	13 school:
287	287	14 "a. Documentation indicating the child-care facility
288	288	15 is in compliance with fire inspections and health inspections.
289	289	16 "b. Employee names and their criminal history
290	290	17 information pursuant to Section 38-13-3.
291	291	18 "c. Proof of property, casualty, and liability
292	292	19 insurance, as prescribed by the department.
293	293	20 "(3) Provide to the department, upon request,
294	294	21 immunization verifications for all children and medical
295	295	22 history forms for all staff and children, and certify that the
296	296	23 records are being maintained by the church or school.
297	297	24 "(4) Provide the department within 30 days of any
298	298	25 updated fire inspection report, health inspection report, new
299	299	26 criminal background check suitability letter, or receipt of
300	300	Page 11 1 updated insurance information as required under subdivision
301	301	2 (2).
302	302	3 "(5) Provide notice to parents or guardians of all
303	303	4 of the following information prior to enrollment of a child in
304	304	5 the child-care facility:
305	305	6 "a. Staff qualifications.
306	306	7 "b. Pupil-staff ratio.
307	307	8 "c. Discipline policies.
308	308	9 "d. The type of curriculum used in the learning
309	309	10 program.
310	310	11 "e. The religious teachings to be given each child.
311	311	12 "f. The type of lunch program available.
312	312	13 "(6) Post in plain view in a public area a statement
313	313	14 that the program is not regulated or licensed by the
314	314	15 Department of Human Resources.
315	315	16 "(7) Require a parent or guardian to sign an
316	316	17 affidavit stating that the parent or guardian has been
317	317	18 notified by the responsible individual of the church or school
318	318	19 that the child-care facility has filed notice to the
319	319	20 department and is exempt from licensure and regulation by the
320	320	21 department. The child-care facility shall file the affidavits
321	321	22 annually with the department. The affidavit shall be
322	322	23 substantially in the following form:
323	323	24 "Form of Affidavit for Parent/Guardian
324	324	25 "STATE OF ALABAMA
325	325	26 "COUNTY OF _____
326	326	Page 12 1 "Before me, a notary public in and for said state
327	327	2 and county, appeared _____ and is known to me, after being
328	328	3 duly sworn or affirmed, says as follows:
329	329	4 "That affiant is the parent or legal guardian of the
330	330	5 minor child/children _____; that affiant has been notified by
331	331	6 _____, a representative of _____ church/school, that said
332	332	7 church or school has filed notice and is exempt under law from
333	333	8 regulation by the Department of Human Resources.
334	334	9 "______ Parent/Legal Guardian
335	335	10 "Sworn, or affirmed to and subscribed before me this
336	336	11 _____ day of _____, 20__.
337	337	12 "(8) A responsible individual of the child-care
338	338	13 facility shall file an affidavit annually with the department
339	339	14 certifying that it has satisfied all of the requirements of
340	340	15 this section. The affidavit shall be substantially in the
341	341	16 following form:
342	342	17 "Form of Affidavit for Church/School
343	343	18 "STATE OF ALABAMA
344	344	19 "COUNTY OF _____
345	345	20 "Before me, a notary public in and for said state
346	346	21 and county, appeared _____ and is known to me, after being
347	347	22 duly sworn or affirmed says as follows:
348	348	23 "That affiant is the designated representative of
349	349	24 _____ church/school and that the below listed
350	350	25 parents/guardians have been notified prior to
351	351	26 enrollment/reenrollment that _____ church/school has filed
352	352	Page 13 1 notice with and is exempt under law from regulation by the
353	353	2 Department of Human Resources: ______
354	354	3 "_______________ Representative
355	355	4 "The affiant certifies that the child-care facility
356	356	5 does not receive state or federal funds and, that to the best
357	357	6 of the affiant's knowledge, no child enrolled in the program
358	358	7 receives a child-care subsidy from the Department of Human
359	359	8 Resources; the facility is in compliance with all applicable
360	360	9 building, fire, and health codes; the facility has provided
361	361	10 the information requested under Section 38-7-3, Code of
362	362	11 Alabama 1975, to all parents or guardians of children enrolled
363	363	12 in the facility; and the facility has posted notice in plain
364	364	13 view in a public area stating that the child-care facility is
365	365	14 not licensed or regulated by the Department of Human
366	366	15 Resources.
367	367	16 "Sworn or affirmed to and subscribed before me this
368	368	17 ____ day of ______, 20__.
369	369	18 "_______________ Notary Public
370	370	19 "(d)(1) On and after March 21, 2018, any church or
371	371	20 nonprofit religious school intending to operate a new
372	372	21 child-care facility in the state shall notify the department
373	373	22 at least 30 days prior to operating, and the department shall
374	374	23 inspect the facility and ensure compliance with this section
375	375	24 before the facility may begin operating.
376	376	25 "(2) The department shall inspect any child-care
377	377	26 facility that is exempt from licensure under subsection (b) at
378	378	27 any time if it has reasonable cause to believe the facility is
379	379	Page 14 1 not in compliance with this section or the safety of a child
380	380	2 is at risk. If the department finds there exists a situation
381	381	3 that may put the safety of a child at risk, the department may
382	382	4 refer to the fire or health department or to the local
383	383	5 district attorney for the proper remedy or action.
384	384	6 "(e) The district attorney of the county in which a
385	385	7 child-care facility that is exempt from licensure under
386	386	8 subsection (b) is located, upon presentment of charges, shall
387	387	9 investigate at his or her discretion, any allegations against
388	388	10 the church or nonprofit religious school operating the
389	389	11 facility under the laws of the state.
390	390	12 "(f) The department, upon request, shall provide any
391	391	13 documentation necessary to confirm any of the information
392	392	14 relevant to a determination of whether a child-care facility
393	393	15 is exempt under subsection (b) to the district attorney.
394	394	16 "(g) Any child-care facility that is exempt from
395	395	17 licensure under subsection (b), upon request by the
396	396	18 department, shall provide the department with any information
397	397	19 listed in subsection (c) within 15 days.
398	398	20 "(h) Nothing in this section or in this chapter
399	399	21 prohibits an employee of the department from carrying out the
400	400	22 duties of the department as prescribed in this title.
401	401	23 "(i) Nothing in this section or in this chapter
402	402	24 infringes upon the religious teaching or practices of a
403	403	25 licensed faith-based child-care facility. The right of a
404	404	26 faith-based child-care facility to teach faith-based lessons
405	405	Page 15 1 or require the use of curriculum materials of a faith-based
406	406	2 nature shall not be infringed.
407	407	3 "(j) A child-care facility that is an integral part
408	408	4 of a church or nonprofit religious school, other than a
409	409	5 child-care facility exempt from licensure under subsection
410	410	6 (b), shall be licensed in accordance with this chapter no
411	411	7 later than August 1, 2019.
412	412	8 "§38-7-5.
413	413	9 "(a) Licenses or approvals shall be issued in such
414	414	10 form and manner as prescribed by the department and are valid
415	415	11 for two three years from the date issued, unless revoked by
416	416	12 the department or voluntarily surrendered by the licensee, or
417	417	13 by the child-care facility designated on the notice of
418	418	14 approval, provided, that the following occur:
419	419	15 "(1) Licenses or approvals for boarding homes are
420	420	16 valid for one year from the date of issuance, unless revoked
421	421	17 by the department, or by the licensed child-placing agency
422	422	18 which issued the approval, or unless voluntarily surrendered
423	423	19 by the licensee or by the child-care facility designated on
424	424	20 the notice of approval.
425	425	21 "(2) Approvals for free homes shall continue in
426	426	22 effect until notice of disapproval is given by the department,
427	427	23 or by the licensed child-placing agency which issued the
428	428	24 approval, or until the child-care facility designated on the
429	429	25 notice of approval voluntarily withdraws.
430	430	26 "(b) The department may issue a six-month permit to
431	431	27 a facility for child care to allow such facility reasonable
432	432	Page 16 1 time to become eligible for a full license; provided, however,
433	433	2 that no such six-month permit shall be issued to a foster
434	434	3 family home.
435	435	4 "(c) Notwithstanding any other provision of law to
436	436	5 the contrary, when a child is taken into the department's
437	437	6 foster care or custody on an emergency basis, or when there is
438	438	7 a disruption or imminent disruption in a current foster care
439	439	8 placement requiring placement elsewhere, and a prospective
440	440	9 foster home is available, the department or licensed
441	441	10 child-placing agency may conduct a preliminary inspection of
442	442	11 the home and issue a provisional approval of the home. The
443	443	12 provisional approval shall continue in effect for no more than
444	444	13 six months and is nonrenewable. A provisional approval may be
445	445	14 denied or revoked by the department at any time for failure to
446	446	15 meet minimum standards set by the department or for any reason
447	447	16 set forth in Section 38-7-8.
448	448	17 "(d) Prior to the emergency licensing of foster
449	449	18 homes, the department shall adhere to the settlement agreement
450	450	19 reached in the R.C. v. Nachman lawsuit relating to
451	451	20 preferential treatment for family members concerning the
452	452	21 placement of children.
453	453	22 "§38-7-7.
454	454	23 "(a) The department shall prescribe and publish
455	455	24 minimum standards for licensing and for approving all
456	456	25 child-care facilities, as defined in this chapter. In
457	457	26 establishing such standards the department shall seek the
458	458	27 advice and assistance of persons representative of the various
459	459	Page 17 1 types of child-care facilities. The standards prescribed and
460	460	2 published under this chapter shall include regulations rules
461	461	3 pertaining to all of the following:
462	462	4 "(1) The operation and conduct of the child-care
463	463	5 facility and the responsibility it assumes for child care;.
464	464	6 "(2) The character, suitability and qualifications
465	465	7 of the applicant and other persons directly responsible for
466	466	8 the care and welfare of children served;.
467	467	9 "(3) The general financial ability and competence of
468	468	10 the applicant to provide necessary care for children and to
469	469	11 maintain prescribed standards;.
470	470	12 "(4) The number of individuals or staff required to
471	471	13 insure adequate supervision and care of the children served;.
472	472	14 "(5) The appropriateness, safety, cleanliness and
473	473	15 general adequacy of the premises, including maintenance of
474	474	16 adequate fire prevention and health standards conforming to
475	475	17 state laws and municipal codes to provide for the physical
476	476	18 comfort, care, well-being and safety of children served;.
477	477	19 "(6) Provisions for food, clothing, educational
478	478	20 opportunities, program equipment and, individual supplies, and
479	479	21 suggestions to periodically update outdated or obsolete
480	480	22 equipment and supplies, to assure the healthy physical and
481	481	23 mental development of children served, consistent with the
482	482	24 definitions contained in this chapter;.
483	483	25 "(7) Maintenance of records pertaining to the
484	484	26 admission, progress, health and discharge of children, and
485	485	27 provisions for confidentiality of such records;.
486	486	Page 18 1 "(8) Filing of reports with the department; and.
487	487	2 "(9) Discipline of children.
488	488	3 "(b) If, in a facility for child care, there are
489	489	4 children diagnosed as mentally ill, or mentally retarded or
490	490	5 physically handicapped disabled who are determined to be in
491	491	6 need of special mental treatment or of nursing care, or both
492	492	7 mental treatment and nursing care, the department shall seek
493	493	8 the advice and recommendation of the Department of Mental
494	494	9 Health or the State Board of Health, or of both, regarding the
495	495	10 residential treatment and nursing care provided by the
496	496	11 facility.
497	497	12 "(c) The department, in applying standards
498	498	13 prescribed and published, as herein provided, shall offer
499	499	14 consultation through employed staff or other specified persons
500	500	15 to assist applicants and licensees in meeting and maintaining
501	501	16 minimum requirements for a license and to help them otherwise
502	502	17 to achieve programs of excellence related to the care of
503	503	18 children served.
504	504	19 "§38-7-12.
505	505	20 "(a) A child-care facility licensed or approved or
506	506	21 operating under a six-month permit issued by the department
507	507	22 may publish advertisements of the services for which it is
508	508	23 specifically licensed or approved or issued a permit under
509	509	24 this chapter.
510	510	25 "(b) A child-care facility that is seeking licensure
511	511	26 and is awaiting approval for licensure may publish
512	512	27 advertisements if the facility includes a disclaimer in the
513	513	Page 19 1 advertisement stating that the facility is awaiting approval
514	514	2 for licensure.
515	515	3 "(c) No person, unless licensed or approved or
516	516	4 holding a permit as a child-care facility, may cause to be
517	517	5 published any advertisement soliciting a child or children for
518	518	6 care or placement or offering a child or children for care or
519	519	7 placement except as provided by this section.
520	520	8 "§38-7-13.
521	521	9 "(a) Every child-care facility shall keep and
522	522	10 maintain such records as the department may prescribe
523	523	11 pertaining to the admission, progress, health and discharge of
524	524	12 children under the care of the facility. Records regarding
525	525	13 children and facts learned about children and their relatives
526	526	14 shall be made and kept electronically and shall be kept
527	527	15 confidential by the child-care facility and by the department.
528	528	16 "(b) The department is authorized to promulgate may
529	529	17 adopt rules and regulations governing the custody, use, and
530	530	18 disclosure of information in such records. Any person who has
531	531	19 arrived at the age of 19 and who was placed by the department
532	532	20 or by a licensed child-placing agency shall have the right to
533	533	21 receive from the department or from the licensed child-placing
534	534	22 agency information concerning his or her placement;, except,
535	535	23 that the name and address of a natural parent or relative
536	536	24 shall be given by the department or the licensed child-placing
537	537	25 agency only with the consent of said the natural parent or
538	538	26 relative.
539	539	27 "§38-7-14.
540	540	Page 20 1 "(a) Every child-care facility shall make reports to
541	541	2 the department on forms prescribed by the department and at
542	542	3 times required by the department, giving information
543	543	4 pertaining to the children under care and such other facts as
544	544	5 the department may require.
545	545	6 "(b) Reports required by this section may be made on
546	546	7 forms provided by the department or on forms designed by the
547	547	8 child-care facility. Forms designed by child-care facilities
548	548	9 must meet requirements imposed by the department.
549	549	10 "§38-7-20.
550	550	11 "(a) Nothing in this chapter shall preclude an
551	551	12 individual under the age of 19 years who has graduated from a
552	552	13 high school with a Child Development Associate Credential from
553	553	14 being employed by a day care center and counted in the
554	554	15 staff-child ratio, as defined in subdivision (4) of Section
555	555	16 38-7-2.
556	556	17 "(b) Nothing in this chapter shall preclude an
557	557	18 individual aged at least 16 years, but not more than 18 years,
558	558	19 who meets child-care worker qualifications, as determined by
559	559	20 rule by the department, and who has a current Infant-Child
560	560	21 (Pediatric) Cardiopulmonary Resuscitation (CPR) Certificate
561	561	22 and a current First Aid Certificate from being employed by a
562	562	23 day care center and counted in the staff-child ratio.
563	563	24 "§38-13-4.
564	564	25 "(a) Every employer, child-care facility, adult care
565	565	26 facility, the Department of Human Resources, and child-placing
566	566	27 agency required to obtain a criminal history background
567	567	Page 21 1 information check pursuant to this chapter shall obtain, prior
568	568	2 to or upon the date of employment, or issuance of a license or
569	569	3 approval or renewal thereof, and maintain in the agency or
570	570	4 personnel file, a request with written consent for the
571	571	5 criminal history background information check and a statement
572	572	6 signed by the applicant, volunteer, or employee indicating
573	573	7 whether he or she has ever been convicted of a crime, and if
574	574	8 so, fully disclosing all convictions. A criminal history
575	575	9 background information check conducted pursuant to this
576	576	10 chapter shall remain valid for five years, with the exception
577	577	11 that any new criminal investigation conducted against that
578	578	12 individual after the check is conducted shall cause the check
579	579	13 to become invalid. The statement shall include a notice and
580	580	14 questionnaire the same as or similar to the following:
581	581	15 ""(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE:
582	582	16 Alabama law requires that a criminal history background
583	583	17 information check be conducted on all persons who hold a
584	584	18 license or work in a Department of Human Resources licensed
585	585	19 child-care or adult care facility, a foster or adoptive home
586	586	20 approved by the Department of Human Resources, or a licensed
587	587	21 child-placing agency, including all officers and agents of the
588	588	22 entity. You are required to provide full, complete, and
589	589	23 accurate information on your criminal conviction history upon
590	590	24 application for a license or employment. This information
591	591	25 shall be used to determine your suitability to provide care to
592	592	26 children, the elderly, or disabled individuals. Unless a
593	593	27 criminal history background information check report and
594	594	Page 22 1 suitability determination have previously been obtained, you
595	595	2 must complete a written request and consent for a criminal
596	596	3 history background information check with fingerprints at the
597	597	4 time of application for employment. Refusal to complete these
598	598	5 documents or providing false information may result in refusal
599	599	6 of employment, approval, or licensure. The term conviction
600	600	7 includes a determination of guilt by a trial, by a plea of
601	601	8 guilty, or a plea of nolo contendere. You are required to
602	602	9 notify your employer, licensing agency, or entity where you
603	603	10 are performing volunteer work of any criminal conviction
604	604	11 occurring subsequent to the date of completion of this notice.
605	605	12 Any individual determined to have submitted false information
606	606	13 may be referred to the district attorney or law enforcement
607	607	14 for investigation and possible prosecution. An individual who
608	608	15 intentionally falsifies or provides any misleading information
609	609	16 on the statement is guilty of a Class A misdemeanor,
610	610	17 punishable by a fine of not more than two thousand dollars
611	611	18 ($2,000) and imprisonment for not more than one year.
612	612	19 ""(2) Convictions for any of the following crimes
613	613	20 shall make an individual unsuitable for employment, volunteer
614	614	21 work, approval, or licensure:
615	615	22 ""a. A violent offense as defined in Section
616	616	23 12-25-32.
617	617	24 ""b. A sex crime as defined in Section 15-20A-5.
618	618	25 ""c. A crime that involves the physical or mental
619	619	26 injury or maltreatment of a child, the elderly, or an
620	620	27 individual with disabilities.
621	621	Page 23 1 ""d. A crime committed against a child as defined in
622	622	2 Section 38-13-2.
623	623	3 ""e. A crime involving the sale or distribution of a
624	624	4 controlled substance.
625	625	5 ""f. A crime or offense committed in another state
626	626	6 or under federal law which would constitute any of the above
627	627	7 crimes in this state.
628	628	8 ""g. Conviction for a crime listed in the federal
629	629	9 Adoption and Safe Families Act, pursuant to 42 U.S.C. Section
630	630	10 671(a)(20), shall disqualify a person from being approved or
631	631	11 continuing to be approved as a foster parent or adoptive
632	632	12 parent and a convicted person shall be deemed unsuitable for
633	633	13 employment, volunteer work, approval, or licensure as a foster
634	634	14 parent or adoptive parent.
635	635	15 "h. The Department of Human Resources may set other
636	636	16 disqualifying convictions by rule under the Administrative
637	637	17 Procedure Act, Section 41-22-1, et seq., for Department of
638	638	18 Human Resources licensed child or adult care facilities.
639	639	19 "(3) CRIMINAL HISTORY STATEMENT
640	640	20 ""Have you ever had a suitability determination made
641	641	21 by the Department of Human Resources in connection with a
642	642	22 previous criminal history information background check? Yes
643	643	23 (__) No (__).
644	644	24 ""Have you ever been convicted of a crime? Yes (__)
645	645	25 No (__). If yes, state the date, crime, location, punishment
646	646	26 imposed, and whether the victim was a child or an elderly or
647	647	27 disabled individual.
648	648	Page 24 1 "" ____________________________
649	649	2 "" ____________________________
650	650	3 ""Date __________ Signature __________________."
651	651	4 "(b) An individual who fails or refuses to provide a
652	652	5 statement shall not be employed, allowed to work or volunteer,
653	653	6 or issued a license or approval as defined in this chapter.
654	654	7 Upon receipt of a signed criminal history statement which does
655	655	8 not indicate conviction for a crime prohibiting employment
656	656	9 under the suitability criteria, an employer, including the
657	657	10 Department of Human Resources, may employ an applicant or
658	658	11 allow a volunteer or contract provider to work provisionally
659	659	12 pending receipt of a suitability determination from the
660	660	13 Department of Human Resources.
661	661	14 "(c) No later than the five business days after
662	662	15 employment or a reasonable time after completion of
663	663	16 application for a license or approval, an employer, the
664	664	17 Department of Human Resources, or child-placing agency shall
665	665	18 mail or deliver a request for a criminal history background
666	666	19 information check to the Alabama State Law Enforcement Agency
667	667	20 accompanied by all of the following:
668	668	21 "(1) Two complete sets of fingerprints, properly
669	669	22 executed by a law enforcement agency or an individual properly
670	670	23 trained in fingerprinting techniques.
671	671	24 "(2) Written consent from the applicant, employee,
672	672	25 or volunteer for the release of the criminal history
673	673	26 background information to the Department of Human Resources.
674	674	27 "(3) The fee.
675	675	Page 25 1 "(d) Upon receipt of a suitability determination
676	676	2 from the Department of Human Resources that a person or entity
677	677	3 is suitable for employment, volunteer work, licensure, or
678	678	4 approval based on the criminal history background information
679	679	5 check, an employer, a child-care facility, adult care
680	680	6 facility, a child-placing agency, or the Department of Human
681	681	7 Resources may make its own determination of employment,
682	682	8 licensure, or approval. This chapter shall not create any
683	683	9 right to employment, work, approval, or licensure. Upon
684	684	10 receipt of a determination from the Department of Human
685	685	11 Resources that an individual is unsuitable for employment,
686	686	12 licensure, approval, or volunteer work, an employer, the
687	687	13 child-care facility, adult care facility, child-placing
688	688	14 agency, or Department of Human Resources shall terminate the
689	689	15 individual from employment or volunteer work or shall not
690	690	16 employ or use the individual. Termination of employment may be
691	691	17 delayed by the employer to allow the individual to challenge
692	692	18 either the accuracy or completeness of the criminal history
693	693	19 information background report or the suitability determination
694	694	20 made by the Department of Human Resources. The Department of
695	695	21 Human Resources or child-placing agency shall suspend or
696	696	22 revoke a license or approval or deny a license or approval
697	697	23 application to an individual receiving an unsuitability
698	698	24 determination. As an alternative to termination of employment,
699	699	25 the Department of Human Resources may transfer a permanent
700	700	26 Merit System employee to an available position for which the
701	701	27 employee is qualified where unsupervised access to children,
702	702	Page 26 1 the elderly, or persons with disabilities shall not be an
703	703	2 essential function of the job.
704	704	3 "(e) If a review of a criminal history background
705	705	4 information check or other information received reveals that
706	706	5 the person has submitted false information, the employer,
707	707	6 child-care facility, adult care facility, child-placing
708	708	7 agency, or Department of Human Resources may terminate the
709	709	8 employee or volunteer. The Department of Human Resources or
710	710	9 child-placing agency may revoke the approval or license of a
711	711	10 person or entity when the person or entity submits false
712	712	11 information in a review of criminal history background
713	713	12 information check or other information. The Department of
714	714	13 Human Resources shall be notified of the false information and
715	715	14 may refer the case to an appropriate law enforcement agency or
716	716	15 district attorney for investigation and prosecution.
717	717	16 "(f) Unless otherwise provided in this chapter, only
718	718	17 one criminal history background information check shall be
719	719	18 required on an individual regardless of subsequent changes in
720	720	19 employment or licensing or approval status. Subsequent
721	721	20 criminal history background information checks may be
722	722	21 conducted by the employer or licensing or approval entity. The
723	723	22 licensing or approval entity shall pay the cost for subsequent
724	724	23 criminal history background information checks. If the
725	725	24 statement signed by the applicant or employee states that a
726	726	25 criminal history background information check has been
727	727	26 performed and suitability determination issued on the
728	728	27 individual pursuant to this chapter, the employer or licensing
729	729	Page 27 1 agency may request at the time of application only a
730	730	2 suitability determination from the Department of Human
731	731	3 Resources on the check previously performed, within five
732	732	4 business days of employment, or completion of license or
733	733	5 approval application, submitting the same kind of information
734	734	6 and consent for the request for suitability determination as
735	735	7 required by the written consent for a criminal history
736	736	8 background information check. Criminal history background
737	737	9 information checks and suitability determination letters from
738	738	10 the Department of Human Resources for applicants, volunteers,
739	739	11 or employees of any day care center, as defined in Section
740	740	12 38-7-2, are valid for a period of five years, except that a
741	741	13 new criminal investigation conducted against that individual
742	742	14 after the check is conducted or the suitability determination
743	743	15 letter is issued shall cause the check and the suitability
744	744	16 determination letter to become invalid."
745	745	17 Section 2. Section 38-7-22 is added to the Code of
746	746	18 Alabama 1975, to read as follows:
747	747	19 §38-7-22.
748	748	20 In no case may an employer prohibit an individual
749	749	21 from working up to 12 hours in a single shift, or obligate an
750	750	22 individual to work more than eight hours in a given shift.
751	751	23 Section 3.
752	752	24 (a) Issuance of a suitability determination letter
753	753	25 by the Department of Human Resources pursuant to Chapter 13 of
754	754	26 Title 38 of the Code of Alabama 1975, shall be considered
755	755	27 conclusive evidence that an individual has not been convicted
756	756	Page 28 1 of any of the crimes described in the definition of
757	757	2 "suitability criteria" in Section 38-13-2, Code of Alabama
758	758	3 1975. Suitability for employment, volunteer work, approval, or
759	759	4 licensure shall not be affected unless a new criminal
760	760	5 investigation is commenced against the individual.
761	761	6 (b) The Department of Human Resources may determine
762	762	7 that an individual is unsuitable to hold a license, permit, or
763	763	8 approval to operate a child-care facility or to work in a
764	764	9 child-care facility, or to have contact with children or
765	765	10 unsupervised access to children, if evidence of any of the
766	766	11 following, occurring not more than 10 years prior to the date
767	767	12 of application for licensure or for employment with a
768	768	13 child-care facility, exists with regard to the individual:
769	769	14 (1) Any felony conviction in any state.
770	770	15 (2) Theft and other financial crimes related to
771	771	16 business activities.
772	772	17 (3) A misdemeanor conviction in any state.
773	773	18 (4) Operation of a motor vehicle while under the
774	774	19 influence of or while impaired by the use of intoxicating
775	775	20 liquor or drugs.
776	776	21 (5) Any offense involving the reckless operation of
777	777	22 a motor vehicle at an excessive speed.
778	778	23 (6) Any crime involving the possession of a
779	779	24 controlled substance.
780	780	25 (7) Operation of a child-care facility without a
781	781	26 license, permit, or exemption.
782	782	Page 29 1 (8) Refusal to cease operation of a child-care
783	783	2 facility when no license, permit, or exemption has been
784	784	3 granted.
785	785	4 (9) Consistent failure to maintain minimum standards
786	786	5 while operating a child-care facility.
787	787	6 (10) Refusal or failure to cooperate with any
788	788	7 investigation or inspection by the Department of Human
789	789	8 Resources.
790	790	9 (11) Making false or misleading statements or
791	791	10 reports to the Department of Human Resources.
792	792	11 (12) History indicating a pattern of deceit.
793	793	12 (13) Any other evidence indicating a lack of ability
794	794	13 to care for children.
795	795	14 Section 4. (a) Not later than January 1, 2023, the
796	796	15 Department of Human Resources shall amend its current rules or
797	797	16 adopt new rules that do all of the following with regard to
798	798	17 minimum standards for licensed day care centers, as defined in
799	799	18 Section 38-7-2, Code of Alabama 1975:
800	800	19 (1) Provide that work experience in a license-exempt
801	801	20 day care or in an industry unrelated to child care is
802	802	21 acceptable to fulfill the work experience requirement
803	803	22 necessary to qualify a person to be a child-care facility
804	804	23 director or other child-care facility employee in lieu of an
805	805	24 equivalent amount of experience working in a licensed
806	806	25 child-care facility, provided the applicant meets all other
807	807	26 requirements imposed by the department for qualification.
808	808	Page 30 1 (2) Provide that any required training for
809	809	2 child-care facility personnel may be completed online or
810	810	3 on-site.
811	811	4 (3) Provide that any grant of clearance of the State
812	812	5 Central Registry on Child Abuse/Neglect for any license or
813	813	6 permit applicant, child-care facility director, or child-care
814	814	7 facility staff member shall automatically revoke upon
815	815	8 commencement of any new criminal investigation against that
816	816	9 person.
817	817	10 (4) Provide that a child-care facility shall meet
818	818	11 local fire code occupancy requirements, and that no additional
819	819	12 restrictions may be imposed pertaining to the ratio of total
820	820	13 floor space to the number of children served.
821	821	14 (5) Provide that a child-care facility shall provide
822	822	15 a crib for each infant, and that each crib shall be placed at
823	823	16 least 18 inches apart.
824	824	17 (6) Provide that a child-care facility shall make a
825	825	18 report to the department whenever an alteration is made that
826	826	19 may affect the safety or usability of the facility or grounds.
827	827	20 (7) Provide that any reports or documentation
828	828	21 required to be submitted to the department pertaining to the
829	829	22 operation of child-care facilities may be submitted digitally
830	830	23 or electronically, and identify specific personnel tasked with
831	831	24 receiving the reports or documentation.
832	832	25 (8) Provide that notice shall be given to all
833	833	26 child-care facilities 120 days in advance of any changes made
834	834	Page 31 1 to the department's minimum standards for day care centers or
835	835	2 nighttime centers.
836	836	3 (9) Provide for suggestions, not requirements,
837	837	4 pertaining to items or equipment, including toys, utilized by
838	838	5 children in a child-care facility.
839	839	6 (10) Provide for a staff-child ratio of one to 11
840	840	7 for children aged two and one-half years old up to three years
841	841	8 old, and one to 13 for children aged three years old to four
842	842	9 years old.
843	843	10 (b) Not later than three months after the rules
844	844	11 described in this section are adopted, the department shall
845	845	12 update and publish its minimum standards for child-care
846	846	13 facilities.
847	847	14 Section 5. This act shall become effective on the
848	848	15 first day of the third month following its passage and
849	849	16 approval by the Governor, or its otherwise becoming law.
850	850	Page 32