Alabama Home Daycare Law: Statewide Home Business Rules (2026)

Key Facts

Statute: Code §38-7-1 et seq.
Licensing trigger: Seven or more children
Regulator: Department of Human Resources
Background checks: All adults required
Inspections: Annual fire and health

Full Breakdown

Alabama Code §38-7-1 et seq. requires the Department of Human Resources (DHR) to license all family day care homes caring for seven to twelve children, including the provider's own. Smaller homes (six or fewer) may register voluntarily but remain exempt unless religious or other exemptions apply. Standards include criminal background and child-abuse registry checks for all adults in the home, annual fire and health inspections, capped child-to-staff ratios, and continuing education. The DHR Minimum Standards bind every county uniformly. Cities can apply zoning and parking rules but cannot reduce supervision ratios or skip background checks.

Violations & Penalties

Operating an unlicensed home above the threshold is a misdemeanor with fines up to $500 per day and immediate closure orders.

Frequently Asked Questions

Are small family day care homes exempt from DHR licensing?

Homes caring for six or fewer children (excluding the provider's own) are exempt from licensing but may register voluntarily. The seventh child triggers mandatory state licensure.

Can a city ban a licensed daycare in a residential zone?

Cities can apply reasonable zoning rules but generally cannot prohibit DHR-licensed family day care homes outright; state law treats them as a residential use under most local codes.

Alabama Family Day Care Home Licensing Rules