HB 277 – THE CHILD CARE SAFETY ACT
COMPROMISE SUBSTITUTE OVERVIEW & FACT SHEET
 
Child Care Safety Act
HB 277- Rep. Pebblin Warren (D-Tuskegee) & Rep. K.L. Brown (R-Jacksonville)
SB 236 - Sen. Cam Ward (R-Alabaster)
Issue Background:
Every child is special and unique, but they all deserve basic health and safety protections
while in child care. Yet, nearly half of all center-based child care in Alabama is operating
license exempt and uninspected meaning they are not required to have criminal background
checks on all staff, meet appropriate staff-to-child ratios or even be CPR trained and
certified. Alabama remains 1 of only 7 states that allow broad-based exemptions from
licensure and inspection. According to the 2016 Alabama Kids Count Data Book, published
annually by VOICES for Alabama’s Children, if left unchecked, unregulated care could
balloon to more than 70% of all care in the state by 2025.
Existing Law:
• Exempts faith-based child care (i.e., “integral part of a local church ministry or a religious
nonprofit elementary school”) from being licensed by DHR. In practice, it is important to
note that many faith-based child care centers choose to be licensed as a matter of best
practice in the care for young children.
• A faith-based exempt program IS required to do the following:
o Give notice of intent to operate to local fire and health departments so that the
preschool can be inspected in accordance with fire and health requirements.
o Certify to DHR, annually, that the church maintains records on fire and health
inspections, immunizations, and medical history.
o Provide an affidavit to DHR, annually, affirming that parents and guardians have
been notified that the program is not regulated or licensed by DHR.
o Optional criminal background checks on all employees.

HB 277 COMPROMISE SUBSTITUTE PROPOSES THE
FOLLOWING:
1) Maintains & Protects Religious Freedoms: Explicitly states that nothing in this bill
infringes on the religious teachings or practices of faith-based child care providers.
2) Requires all child care programs that receive state or federal funds;
operating for profit; or have at least one child who receives a child
care subsidy from DHR be licensed by August 1, 2018.
v Said provision would cover 497 centers of the current total 954 faithbased licensed exempt centers (data as of April 17, 2017).
3) Maintains option for licensed exempt status for faith-based child care facilities and
requires DHR to inspect all exempt faith-based child care facilities, annually
and upon reasonable cause that a child’s safety is at risk or the facility is not in
compliance and inspect all new faith-based exempt facilities prior to operation.
4) Extends additional health and safety requirements for licensed exempt faith-based
facilities to:
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 HB 277 – THE CHILD CARE SAFETY ACT
COMPROMISE SUBSTITUTE OVERVIEW & FACT SHEET
 
v Undergo annual fire and health inspections by appropriate fire/health
department.
v Mandatory criminal background checks pursuant to 38-13-3 on all
employees.
v Post in plain view in public area a statement that facility is NOT
licensed by DHR.
v Provide DHR the following, annually, and when changes occur:
§ Fire and health inspection reports indicating compliance.
§ Employee names and criminal background check information.
§ Proof of liability, casualty, and property insurance.
v Upon request, certify to DHR immunizations and medical history.
v Provide affidavit to DHR, annually, affirming the following:
- Parents/guardians have been notified that facility is not licensed.
- Facility does not receive state or federal funds; does not operate
for profit; and does not have a child that receives a child care
subsidy from DHR, in order to maintain license exempt status.
- Facility is in compliance with building, fire, and health codes.
5) Continues to authorize the appropriate district attorney, upon presentment of
charges, to investigate any allegations against a faith-based child care facility under
the laws of the state.

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