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Alabama Statewide Rule

Alabama Family Day Care Home Licensing Rules

Heavy RestrictionsApplies statewide across Alabama (2026)

Key Facts

Statute
Ala. Code § 38-7-1 et seq.
Family home size
Up to six children
Group home size
Seven to twelve children
License trigger
1+ unrelated children, over 4 hours
Regulator
Department of Human Resources
Last verified: September 5, 2026Source: Alabama Department of Human Resources

Summary

Alabama's Department of Human Resources licenses family child care homes caring for one or more unrelated children more than four hours a day (up to six children); seven to twelve children makes it a group day care home. Background checks and inspections apply, and cities cannot relax them.

(a) No person, group of persons, or corporation may operate or conduct any facility for child care, as defined in this chapter, without being licensed or approved as provided in this chapter. (b)(1) Except as provided in subdivision (2), the licensure requirements of this chapter do not apply to a child-care facility that is operating as an integral part of a local church ministry or a religious nonprofit school, and is so recognized in the church or school's documents, whether operated separately or as a part of a religious nonprofit school unit, secondary school unit, or institution of higher learning under the governing board or authority of the local church or its convention, association, or regional body to which it may be subject.

Source: Alabama Department of Human ResourcesView official code

Full Breakdown

Under Ala. Code § 38-7-1 et seq., the Department of Human Resources (DHR) licenses child care homes. A family child care home - up to six unrelated children - must be licensed when it cares for one or more unrelated children more than four hours in a day; a group (family group) day care home serves seven to twelve children with two or more caregivers present. Narrow exemptions apply, such as caring for children of a single family, certain faith-based programs, and programs running under four hours. Required standards include criminal-background and child-abuse-registry checks, fire and health inspections, staff-to-child ratios, and continuing education. Cities may apply zoning rules but cannot waive these standards.

Violations & Penalties

Operating an unlicensed home that requires licensing is a misdemeanor and can bring fines and closure orders from the Department of Human Resources.

Frequently Asked Questions

Do small family day care homes need a DHR license?
Generally yes. A family child care home must be licensed when it cares for one or more unrelated children more than four hours a day, unless a narrow exemption such as single-family care applies.
What is the difference between a family and group day care home?
A family child care home cares for up to six unrelated children; a group (family group) day care home cares for seven to twelve children and must have two or more caregivers present.
Can a city ban a licensed daycare in a residential zone?
Cities can apply reasonable zoning rules but generally cannot prohibit a DHR-licensed family day care home outright; state law treats it as a residential use under most local codes.

Sources

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