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Jefferson County, AL Home Business: Home Daycare (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

State Authority
Alabama DHR
Family Home
Up to 6 children
Group Home
7-12 children
Church Exemption
Exists in Alabama
Min Space
35 sq ft/child indoor

Summary

Alabama DHR licenses home daycares under Alabama Code §38-7-1 et seq. Family Day Care Home: 6 children. Group Day Care Home: 7-12 children. Birmingham requires business license plus zoning compliance.

City-specific rules exist: Birmingham, Hoover, and Vestavia Hills have their own home daycare rules that differ from Jefferson County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

Keeping Child Care Centers and Homes in Compliance The Child Care Services Division is the state's Child Care and Development Fund (CCDF) administrator, responsible for the child care subsidy program and quality initiatives. In addition, the Division is also responsible for monitoring and licensing child care centers and homes for compliance with performance standards.

Arise CARE Provider Portal Family Portal Provider Resources Family Resources Find a Child Care Provider Interactive Map Statewide Directory Capacities by County 1400 Licensed Child Care Centers 490 Licensed Child Care Homes 40220 Children Receiving Subsidized Child Care Services Quality Enhancement

The Child Care Services Division funds programs through contracts with government and non-profit agencies with the goal of enhancing the quality of child care and learning of young children. More Subsidized Child Care The mission of this program is to provide Alabama's low and moderate-income families with equal access to affordable and quality child care services as they participate in work, educational or training activities. More Child Care Licensing Information on licensed and licensed exempt child care providers. More Time and Attendance System TAS is an electronic process of recording attendance of children at a child care provider. More Training Development Training is provided through various methods such as workshops, courses, conferences, on-site, video learning, distance learning and satellite learning. More Early Head Start Child Care Program Early Head Start programs support the comprehensive development of children from birth to age 5, in centers, child care partner locations, and in their own homes.

Full Breakdown

Alabama Department of Human Resources (DHR) licenses home-based childcare under Alabama Code §38-7-1 et seq. A Family Day Care Home may serve up to 6 children including the provider's own children under 6. A Group Day Care Home serves 7-12 children and requires additional staff (1 additional caregiver for groups of 7+). Alabama has a church exemption allowing some faith-based facilities to operate without DHR licensing: a controversial loophole. Licensing requires: criminal background checks (FBI and ABI), CPR/first aid certification, minimum 35 sq ft indoor space per child, outdoor play area, fire safety inspection, health inspection, liability insurance. Birmingham requires a home occupation permit and business license. Jefferson County zoning allows home daycare as a permitted use in residential zones with proper licensing.

Violations & Fines

Operating without DHR license (when not exempt): closure and fines $500-$5,000. Safety violations: license suspension/revocation. Exceeding capacity: immediate correction. Birmingham business license violations: additional municipal fines.

Frequently Asked Questions

What are typical penalties for violating daycare home rules?
Most Jefferson County home business violations start with a written warning followed by escalating civil fines for repeat offenses. Specific dollar amounts and any criminal-misdemeanor exposure depend on the section of code; consult Jefferson County's municipal code or staff for the current penalty schedule.

Sources & Official References

Other rules in Jefferson County

All Jefferson County rules

Compare Jefferson County to another location·View the Alabama home business overview

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