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Home Daycare License Requirements in Alabama (2026)

Opening a home daycare in Alabama means getting a family child care home license from the Alabama Department of Human Resources (DHR), Child Care Services Division, Office of Child Care Licensing. Here is exactly what that takes in 2026 — your capacity limit and ratios, the training and background checks, the application steps, and the postings and enrollment forms you need — sourced to the state’s own rules and dated.

In brief — Alabama

Licensing agency
Alabama Department of Human Resources (DHR), Child Care Services Division, Office of Child Care Licensing
Program / rule
WHAT THE PRODUCT IS. Alabama issues two separate home-based licences, plus their after-dark twins, all under one chapter of the Administrative Code: (1) FAMILY DAY CARE HOME licence, (2) GROUP DAY CARE HOME licence, (3) FAMILY NIGHTTIME HOME licence, and (4) GROUP NIGHTTIME HOME licence. The governing chapter is Ala. Admin. Code ch. 660-5-27, whose full official caption - printed on the header of every page of every rule as served today by the Alabama Legislative Services Agency - is "ALABAMA DEPARTMENT OF HUMAN RESOURCES SOCIAL SERVICES DIVISION ADMINISTRATIVE CODE / CHAPTER 660-5-27 / DAY CARE LICENSURE - CHILD CARE LICENSING AND PERFORMANCE STANDARDS FOR FAMILY DAY CARE HOMES, FAMILY NIGHTTIME HOMES, GROUP DAY CARE HOMES, AND GROUP NIGHTTIME HOMES." Centres are a different chapter entirely - 660-5-26, "Day Care Licensure - Child Care Licensing and Performance Standards for Day Care Centers and Nighttime Centers" - and nothing in this entry describes centre rules. THE STATUTORY BASIS, VERBATIM FROM THE RULE'S OWN AUTHORITY LINE. Every rule in 660-5-27 carries the identical citation block: "Statutory Authority: Code of Ala. 1975, as amended (hereinafter referred to as Code), Secs. 38-7-1 through 38-7-18, Sec. 41-22-19, Secs. 38-2-6(10), (12), (13), (15), Sec. 26-14-3, Sec. 26-14-4." Sec. 38-7-1 supplies the short title: "This chapter shall be known and may be cited as the Child Care Act of 1971." The published Standards manual repeats the pedigree on its Legal Authority page: "The legal authority for regulation of child care is based on: Child Care Act of 1971-Title 38, Chapter 7, Code of Alabama 1975, 38-7-1 et. seq. (Acts 1971, 3rd Ex. Sess. No. 174, p. 4423, Sections 1-18)." WHEN A LICENCE IS REQUIRED - THE THREE-BULLET TRIGGER. Rule 660-5-27-.01, in its entirety, reads: "For purposes of these regulations, a license is required if one of the following items apply: [bullet] Providing care for one or more children who are not related to the provider; [bullet] Providing care away from the child's home; [bullet] Providing care for more than four (4) hours in a 24 hour period." Read that literally: the trigger is ONE unrelated child, not four, not six. Alabama has no registration-only or voluntary-certification tier below the licence, and no numerical floor - the number six is a CEILING on a family day care home, never a threshold you must reach before the law applies. The only structural escape hatches are the definition of "RELATED" in r. 660-5-27-.02(20) ("parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, half brother, half sister, uncle or aunt, and their spouses" - by blood, marriage or adoption; note grandchildren, nieces and nephews reach you through the reciprocal terms, but cousins do not appear), the four-hour clock, and the fact that care in the CHILD'S own home is outside the definition. Rule 660-5-27-.09 restates the identical three-bullet trigger at the head of the group-home rule, so no one can argue the group tier has a different threshold. THE FAITH-BASED / CHURCH-EXEMPT REGIME, AND WHY IT ALMOST NEVER HELPS A HOME PROVIDER. Ala. Code Sec. 38-7-3 is the licence requirement and the exemption in one section. Subsection (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." Subsection (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." Subsection (b)(2) then cuts the exemption down: "A child-care facility that receives state or federal funds or is operating for profit is not exempt from licensure under this subsection." That single sentence removes nearly every home-based business from the exemption twice over: a family day care home run for a living is "operating for profit," and a home that accepts DHR child-care subsidy is receiving state or federal funds. And the structural test - "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" - is about an institution's constitutive documents, not about a licensee's personal faith. DHR's own License Exempt Day Care Facilities page describes the exempt population as "Preschool programs which are an integral part of a local church ministry or a religious nonprofit elementary school" and says nothing about family homes. WHAT THE CHILD CARE SAFETY ACT ACTUALLY DID, AND WHAT IT DID NOT DO SINCE. The 2018 legislation rewrote Sec. 38-7-3 so that being exempt stopped meaning being invisible. Subsection (c) now imposes an annual compliance cycle on exempt facilities: "(1) Provide notice of operation on an annual basis to the appropriate fire and health departments so that the facility may be inspected in accordance with the state and local fire and health requirements, provided the facility shall be inspected at least annually by the appropriate fire department and the appropriate health department. (2) Provide to the department on or before October 1, 2018, and annually thereafter, the following records and certify that the records are being maintained by the church or school: a. Documentation indicating the child-care facility is in compliance with fire inspections and health inspections. b. Employee names and their criminal history information pursuant to Section 38-13-3. c. Proof of property, casualty, and liability insurance, as prescribed by the department. (3) Provide to the department, upon request, immunization verifications for all children and medical history forms for all staff and children ... (4) Provide the department within 30 days of any updated fire inspection report, health inspection report, new criminal background check suitability letter, or receipt of updated insurance information ... (5) Provide notice to parents or guardians of all of the following information prior to enrollment of a child in the child-care facility: a. Staff qualifications. b. Pupil-staff ratio. c. Discipline policies. d. The type of curriculum used in the learning program. e. The religious teachings to be given each child. f. The type of lunch program available. (6) Post in plain view in a public area a statement that the program is not regulated or licensed by the Department of Human Resources. (7) Require a parent or guardian to sign an affidavit ... The child-care facility shall file the affidavits annually with the department. (8) A responsible individual of the child-care facility shall file an affidavit annually with the department certifying that it has satisfied all of the requirements of this section." Subsection (d)(1) added a pre-opening gate: "On and after March 21, 2018, any church or nonprofit religious school intending to operate a new child-care facility in the state shall notify the department at least 30 days prior to operating, and the department shall inspect the facility and ensure compliance with this section before the facility may begin operating." Subsection (d)(2) added a for-cause inspection power over exempt facilities, subsection (e) put the local district attorney in the enforcement chain, subsection (g) gave DHR a 15-day document demand, and subsection (j) closed the transition: "A child-care facility that is an integral part of a church or nonprofit religious school, other than a child care facility exempt from licensure under subsection (b), shall be licensed in accordance with this chapter no later than August 1, 2019." CURRENT STATE OF THAT ACT, MEASURED RATHER THAN ASSUMED. The Legislature's own credit line under Sec. 38-7-3 reads, in full: "(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, Sec. 3; Acts 1981, No. 81-310, p. 396; Act 2018-278, Secs. 2,4.)" There is nothing after 2018. The section has not been amended, has no sunset clause anywhere in its text, and has not been expanded. So the answer to the trap is: the faith-based regime is ALIVE, UNAMENDED SINCE 2018, and it decides nothing for a family day care home operated for compensation in a private residence - such a home needs a licence. HOW CURRENT THE RULES ARE, AND HOW I KNOW. Each rule in ch. 660-5-27 carries its own History line. The four that matter most to a home applicant read: r. .01 and r. .02 - "New Rule: Filed December 18, 2000; effective January 22, 2001. Amended: Filed March 8, 2019; effective April 22, 2019. Amended: Published July 30, 2021; effective September 13, 2021." r. .05 (qualifications, training, background checks) - the same 2000/2001 origin plus "Amended: Filed June 3, 2005; effective July 8, 2005. Amended: Filed November 2, 2007; effective December 7, 2007. Amended: Filed March 8, 2019; effective April 22, 2019. Amended: Published January 31, 2020; effective March 16, 2020. Amended: Published July 30, 2021; effective September 13, 2021." r. .09 (group day care homes) - identical tail: "...Amended: Published July 30, 2021; effective September 13, 2021." The most recent effective date anywhere in the chapter is SEPTEMBER 13, 2021. I did not take that on trust from the compilation. I pulled every issue of the ALABAMA ADMINISTRATIVE MONTHLY that the Legislative Services Agency serves online - April 2023 (Vol. XLI) through July 2026 (Volume XLIV, Issue No. 10, July 31, 2026), forty consecutive issues - and searched each for the string "660-5-27". Zero hits. DHR filed plenty in that window: 660-5-34-.08 Due Process (notice January 2025, emergency rule filed January 2, 2025, certified April 3, 2025); 660-5-28-.07 Procedures Applicable To Any Type Of Foster Care and 660-5-29-.02 Qualifications Of The Foster Family (notice in Vol. XLIV No. 7, April 30, 2026, emergency rules filed April 8, 2026, certified June 18, 2026); 660-5-41-.01 Purpose Of Protective Services and new rule 660-5-41-.08 Due Process (notice in Vol. XLIV No. 10, July 31, 2026, comment closing September 4, 2026). Not one filing touched child care licensing for homes. The chapter is stable, and the September 13, 2021 text is the law. A NOTE ON WHERE THE TEXT LIVES, BECAUSE THE FILENAME LIES. DHR publishes the consolidated Standards manual at a URL containing the word PROPOSED: /wp-content/uploads/2026/04/PROPOSED-Homes-Child-Care-Licensing-and-Performance-Standards.pdf. The document behind that URL is not a proposal. Its title page reads "CHILD CARE LICENSING AND PERFORMANCE STANDARDS FOR FAMILY DAY CARE HOMES, FAMILY NIGHTTIME HOMES AND GROUP DAY CARE HOMES, GROUP NIGHTTIME HOMES / REGULATIONS AND PROCEDURES / Prescribed by STATE OF ALABAMA DEPARTMENT OF HUMAN RESOURCES" and, immediately beneath, "Effective September 13, 2021," followed by the revision ladder "1988 / Revised and Combined 2001 / Revised 2002 / Revised 2003 / Revised 2004 / Revised 2005 / REPRINTED 2006 / Revised 2006 / Revised 2007 / REPRINTED 2009 / Revised 2018 / Revised 2019 / Revised 2021." Its body matches the Administrative Code rule text word for word. It is the in-force manual filed under a misleading filename - which is precisely the shape of trap that makes an agency page a bad anchor. The anchor of record is the Legislative Services Agency's published chapter 660-5-27. LICENCE TERM, PERMIT, AND THE OFFENCE OF OPERATING WITHOUT ONE. Ala. Code Sec. 38-7-5(a): "Licenses or approvals shall be issued in such form and manner as prescribed by the department and are valid for two years from the date issued, unless revoked by the department or voluntarily surrendered by the licensee." Sec. 38-7-5(b): "The department may issue a six-month permit to a facility for child care to allow such facility reasonable time to become eligible for a full license." Rule 660-5-27-.03(7)(a)-(b) repeats both. Rule 660-5-27-.03(6)(b) tells you the one and only deficiency a six-month permit is meant to cover: "The Department's decision to issue a six-month permit may be made after the applicant has met all Standards except for providing one-half of the required equipment for each age group for which the home is licensed/permitted." And .03(6)(c) is blunt about the exit: "The application shall be denied and the home shall close if Standards have not been met at the expiration of the six-month permit." Operating without the licence is a crime: Ala. Code Sec. 38-7-16 makes anyone who "(1) Conducts, operates or acts as a child-care facility without a license, or a six-month permit or an approval to do so" - or who "(7) Violates any other provision of this chapter or any reasonable rule or regulation adopted and published by the department" - "guilty of a misdemeanor and shall be fined not less than $100.00 nor more than $1,000.00 or be imprisoned in the county jail not longer than one year, or both." Rule 660-5-27-.03(7)(j) reprints that penalty inside the licensing rule itself. Rule .03(8)(c) adds the referral: a licensee who keeps operating after expiry "will be reported to the District Attorney and the Attorney General for operating an unlicensed child care facility," which tracks Sec. 38-7-17's duty on the district attorney. NO LICENCE FEE. Neither ch. 660-5-27 nor the published Standards manual mentions any application, licence or renewal fee; the only occurrence of the word "fees" in the entire manual is r. .07(1)(g)1, which requires the licensee to disclose to parents "days and hours of care and fees" - i.e. the provider's OWN fees. Alabama charges for fingerprinting (see background_check), not for the licence.
Maximum group size
Alabama does not operate a 'group size' concept distinct from licensed capacity for home-based care. There is no rule anywhere in ch. 660-5-27 that subdivides a licensed home into groups or classrooms, no maximum-per-room figure, and no requirement to keep age bands physically separate. The binding numbers are the licence caps themselves: not more than six children in a family day care home (r. 660-5-27-.02(9); Ala. Code Sec. 38-7-2(5)), at least seven and not more than twelve in a group day care home with at least two adults present and supervising (r. 660-5-27-.02(15); Sec. 38-7-2(9); operationalised by r. .09(3)), with the infant sub-caps of three and six respectively (r. .03(7)(e); r. .09(4)). Anything above twelve children in daytime care stops being a home at all and becomes a day care centre under Ala. Code Sec. 38-7-2(4) ("Any child-care facility receiving more than 12 children for daytime care during all or part of a day"), governed by a different chapter of the Administrative Code, 660-5-26. Three practical qualifications on the phrase 'no group size': (a) the count that binds is bodies on the premises at any given time, including children on field trips and including the licensee's own pre-school-age resident children (r. .03(7)(c)); (b) the licence also fixes an AGE RANGE, and exceeding it is a violation independent of number (r. .03(7)(d)); and (c) three physical-plant ratios function as de facto size limits - 32 square feet of usable indoor floor space per licensed child (r. .04(2)(c)1), 300 square feet of fenced outdoor play area for the family tier and 600 for the group tier (r. .04(3)(a)3; r. .09(11)), and one crib, playpen, bed or cot per child who rests (r. .04(2)(d)1). A home with 150 square feet of usable child-care space cannot be licensed for six children whatever the definition says.
CPR & first aid
Yes — required before licensure
Last verified
2026-08-25

Who needs a license — home types in Alabama

Alabama's home tiers are defined twice - once in the Child Care Act of 1971 and once in the rule - and the two texts agree, which is itself worth knowing, because in several states they do not. FAMILY HOME (the container). Ala. Admin. Code r. 660-5-27-.02(14): "FAMILY HOME. A family home is the dwelling in which the applicant/licensee resides. (Residence is determined by address, mortgage payment or rent, voting district, property taxes, etc.)" Rule 660-5-27-.04(1)(a) tightens it to the PRIMARY residence: "Each home licensed shall be the primary residence of the applicant/licensee. (Primary residence is determined by address, mortgage payment/rent, voting district, property taxes, etc.)" and r. .04(1)(b) forbids the converted-outbuilding model outright: "Child care shall be provided within the family home, not in a separate building." Alabama therefore has no equivalent of the several states that let a 'family child care home' licence attach to a rented storefront or a detached structure. The dwelling you sleep in is the facility. DAY CARE HOME (the small tier). Rule 660-5-27-.02(9): "DAY CARE HOME. A child care facility which is a family home and which receives not more than six (6) children for care during the day."

The statute is identical - Ala. Code Sec. 38-7-2(5): "DAY CARE HOME. A child-care facility which is a family home and which receives not more than six children for care during the day." Note the drafting: the tier is defined by a CEILING ("not more than six") with no floor, which is why r. 660-5-27-.01's licence trigger bites at one unrelated child. GROUP DAY CARE HOME (the larger tier). Rule 660-5-27-.02(15): "GROUP DAY CARE HOME. A child care facility which is a family home and which receives at least seven but no more than twelve children for care during part of the day where there are at least two adults present and supervising the activities." Statute, Sec. 38-7-2(9), same words: "...receives at least seven but no more than 12 children for care during part of the day where there are at least two adults present and supervising the activities." The two-adult condition is inside the DEFINITION, not merely in an operational rule - a group day care home staffed by one adult is not an under-staffed group home, it is not a group home at all. THE NIGHT TIERS. Rule 660-5-27-.02(18): "NIGHT CARE FACILITY. A child-care facility which is a center or a family home receiving a child or children for care after 7:00 p.m. A 'night care facility' is further defined as follows: (a) NIGHTTIME HOME. A family home which receives no more than six children for care after 7 p.m. (b) GROUP NIGHTTIME HOME. A child care facility which is a family home which receives at least seven but no more than twelve children for nighttime care, where there are at least two adults present and supervising the activities."

The rule fixes the boundary at a clock time - 7:00 p.m.; the statute at Sec. 38-7-2(12) says only "during the night" and leaves the hour to the Department. Nighttime care is layered, not substituted: r. 660-5-27-.08 opens "In addition to the preceding regulations, homes offering nighttime care after 7 p.m., shall meet the following regulations," and r. .10 opens "In addition to the preceding regulations including Section G., Nighttime Care) homes offering group nighttime care for at least seven (7) but no more than twelve (12) children after 7 p.m., shall meet the following regulations." So a group nighttime home carries the base home rules, the group-home rules and the nighttime rules simultaneously. THE GROUP LICENCE IS A SEPARATE LICENCE, NOT AN UPGRADE FLAG. Rule 660-5-27-.09(1) is explicit: "A separate license shall be applied for and obtained prior to offering group day care for seven (7) but no more than twelve (12) children." There is no 'capacity increase' path from six to twelve on an existing family-home licence; you apply for the other licence. The Department's own application form makes the election on its face: DHR-CDC-712 offers two tick-boxes, "Family Day Care/Nighttime Home" and "Group Day Care/Nighttime Home," and a separate pair, "First Application" and "Application for Renewal."

WHAT COUNTS AS A CHILD, AND WHAT COUNTS AS AN ADULT. Rule 660-5-27-.02(6): "CHILD. Any person under 19 years of age." Rule 660-5-27-.02(1): "ADULT. Any person 19 years of age or older." Nineteen, not eighteen. Alabama's age of majority is 19, and the licensing scheme is built on it - see background_check for the consequence, which is the most consequential correction in this entry. The one place the rule deliberately steps below 19 is the substitute: r. 660-5-27-.02(21) "SUBSTITUTE. A person, at least 18 years of age, who meets the qualifications and is on call if the licensee must be away from the home," repeated at r. .05(5)(a) "Substitutes shall be at least 18 years of age." The licensee too may be 18: r. .05(3)(b) "The licensee shall be at least 18 years of age." So Alabama uses 18 as an EMPLOYMENT floor and 19 as the definition of adulthood - and the household-member screening obligations key off the latter. LAWFUL SCHOOL AGE - the definition that decides whether your own children eat your capacity. Rule 660-5-27-.02(16): "LAWFUL SCHOOL AGE. For purposes of these regulations, this term includes children who are five (5) years of age on or before September 1, (or the date on which school begins in the enrolling district pursuant to Code of Ala. 1975, Sec. 16-28-4) of a given year.

This definition corresponds with the minimum age at which a child is entitled to admission to public school kindergarten." RELATED - the definition that decides whether the licence trigger fires at all. Rule 660-5-27-.02(20): "RELATED. Any of the following relationships by blood, marriage, or adoption: parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, half brother, half sister, uncle or aunt, and their spouses." Ala. Code Sec. 38-7-2(13) is word-identical. Cousins are absent from the list. CHILD CARE FACILITY - the outer boundary. Rule 660-5-27-.02(13) tracks Sec. 38-7-2(7): "A facility established by any person, group of persons, agency, association or organization, whether established for gain or otherwise, who or which receives or arranges for care or placement of one or more children, unrelated to the operator of the facility, apart from the parents, with or without the transfer of the right of custody, in any facility as defined in this chapter, established and maintained for the care of the children." The words "whether established for gain or otherwise" matter: unpaid care does not escape.

WHERE THE HOME TIERS STOP AND THE CENTRE TIER STARTS. Ala. Code Sec. 38-7-2(4): "DAY CARE CENTER. Any child-care facility receiving more than 12 children for daytime care during all or part of a day." Thirteen children is a centre, governed by ch. 660-5-26, with a different physical plant, staffing and directorial-qualification regime. Sec. 38-7-2(4) also carves several things OUT of the centre definition that a home operator sometimes mistakes for a way in - programmes "operating no more than four hours a day and receiving children younger than lawful school age," programmes run by public school systems or institutions of higher learning, drop-in facilities "in connection with a shopping center ... where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and readily available," facilities "conducted on federal government premises," and "[s]pecial activities programs for children of lawful school age including, but not limited to, athletics, crafts instruction, and similar activities conducted on an organized and periodic basis by civic, charitable, and governmental organizations."

None of these carve-outs is a home licence; each is a different animal that simply is not a day care centre. THE LICENCE IS PERSONAL AND ADDRESS-BOUND. Rule 660-5-27-.03(1)(d): "Applications for a license shall not be transferred from one person to another or from one location to another." Rule .03(7)(i): "The license/permit shall not be transferred to another person or to another location and is void if the licensee moves to another dwelling." Rule .07(2)(e): "Any change in location (move to another home) shall be reported to the Department in advance. (Note: A new license must be applied for and obtained before receiving children in the new location.)" Moving house ends the licence; it does not travel. AND THE LICENSEE MAY NOT HAVE A DAY JOB. Rule 660-5-27-.05(6), a provision with no analogue in most states: "No outside work or school. During the hours of child care, the licensee shall not work outside the home or attend school. No other activities that take time and attention away from the children shall be performed in the home during the hours of child care, such as but not limited to home schooling, selling or providing products/services and/or educational requirements. Household duties related to the care of the children shall be performed as necessary." Read "home schooling" in that list: an Alabama licensee cannot home-school her own children during care hours.

How many children you can care for in Alabama

FAMILY DAY CARE HOME: SIX CHILDREN, OF WHOM AT MOST THREE MAY BE UNDER TWELVE MONTHS. The six comes from the definition itself, r. 660-5-27-.02(9) and Ala. Code Sec. 38-7-2(5) ("not more than six (6) children for care during the day"). The infant sub-cap comes from the licensing rule and applies to EVERY home, not just the small tier - r. 660-5-27-.03(7)(e): "No home shall be licensed for more than three (3) children younger than twelve (12) months of age. Exceptions may be granted by the Department to allow for multiple-birth sibling groups (such as triplets) to be received for care." Note two things about that sentence. First, it is a limit on what the Department may LICENSE, not merely on who may be present - the number is baked into the licence document. Second, the only stated exception is a multiple-birth sibling group, and it is discretionary ("Exceptions may be granted"), not an entitlement. GROUP DAY CARE HOME: TWELVE CHILDREN, OF WHOM AT MOST SIX MAY BE UNDER TWELVE MONTHS. Twelve comes from r. 660-5-27-.02(15) and Sec. 38-7-2(9) ("at least seven but no more than twelve children").

The infant figure is r. 660-5-27-.09(4), which displaces the general three-infant cap for this tier: "No group day care home shall be licensed for more than six (6) children younger than twelve (12) months of age. There shall be at least one caregiver present and supervising each three (3) children younger than twelve (12) months of age." THE HARD CAP IS ON BODIES ON THE PREMISES, NOT ON ENROLMENT. Rule 660-5-27-.03(7)(c) is the operative sentence and it is broader than a headcount of paying clients: "The number of children in the home or in the care of the licensee, including children on the premises or on field trips, at any given time, shall not exceed the number specified on the license/permit." "In the home OR in the care of the licensee" plus "on the premises OR on field trips" means the ceiling follows the children off-site and follows the licensee back home. HOW THE PROVIDER'S OWN CHILDREN COUNT - THE THREE COUNTING RULES, VERBATIM. Rule 660-5-27-.03(7)(c) continues: "Children shall be counted as follows: 1. Children younger than lawful school age (see definition, Rule 660-5-27-.02), who live in the home shall be counted when they are in the home or on the premises. 2. Children of lawful school age and older, who live in the home, shall not be counted. 3. Children younger than twelve (12) years of age, who are visiting in the home during the hours of child care, who are not accompanied and supervised by an adult, whether related to the licensee or not, shall be counted when they are in the home or on the premises."

Unpack rule 1 and rule 2 together, because their interaction is the single most practically consequential line in Alabama home licensing. Your own pre-kindergarten children COUNT against your six (or twelve) whenever they are in the home or on the premises - so a licensee with a three-year-old and a one-year-old of her own is licensed for six but can enrol four. The moment a resident child reaches "lawful school age" as defined in r. .02(16) - five years old on or before September 1, or on or before the enrolling district's school start date under Ala. Code Sec. 16-28-4 - that child stops counting ENTIRELY, and keeps not counting through age 18, even at 3 p.m. when the school bus drops him back into the middle of the licensed group. The rule does not say 'not counted while at school'; it says "shall not be counted," full stop. That is unusually generous by national standards and it is the reason Alabama licensees time their capacity planning to the kindergarten cut-off. Rule 3 is the trap in the other direction. A neighbour's ten-year-old who wanders in after school and is not accompanied and supervised by an adult COUNTS - "whether related to the licensee or not."

Your own nephew counts if he is under twelve, unaccompanied and on the premises during care hours, even though he is "related" for licence-trigger purposes under r. .02(20). Relatedness controls whether you need a licence; it does not control the capacity count. The only escape in rule 3 is the presence of an accompanying, supervising adult. AGE RANGE IS PART OF THE LICENCE, TOO. Rule 660-5-27-.03(7)(d): "The age range of the children received for care shall conform to the specifications on the license/permit." A home licensed for 2-through-5 may not take an infant simply because it is under its numeric cap. Changing either number is a Department decision, not a provider decision, and r. 660-5-27-.11(2)(c) suspends the possibility entirely while you are under corrective action: "Requests for changes to the provisions of the license such as increases in licensed capacity or changes in the ages of the children received for care shall not be granted during the corrective action period," repeated for probation at r. .11(3)1.(iii). THE DEPARTMENT CAN CUT YOUR NUMBER MID-LICENCE. Rule 660-5-27-.03(7)(g)3 gives DHR "[t]he right to reduce the number of children specified on the license/permit due to restricted use of required space or bathroom facilities or lack of qualified caregivers," and r. .11(3)(c) repeats it as an adverse action: "The right to reduce the licensed capacity of the home or to amend the ages of children to be served, due to restricted use of required space or bathroom facilities or lack of qualified caregivers." A broken bathroom is a capacity event.

SPACE IS A SECOND, INDEPENDENT CEILING. Rule 660-5-27-.04(2)(c)1: "There shall be at least thirty-two (32) square feet of usable indoor floor space for each child the home is licensed or permitted to serve." Six children therefore require at least 192 usable square feet of indoor child-care space; twelve require 384. Outdoors, r. .04(3)(a)3: "There shall be at least one outdoor play area of at least 300 square feet on the grounds. The outdoor play area shall be enclosed by a fence or wall at least four (4) feet in height, free from sharp, protruding edges, except where prohibited by federal regulations. Written documentation shall be submitted to the Department." For the group tier the outdoor figure doubles - r. .09(11): "An outdoor play area of at least 600 square feet shall be provided on the grounds. The outdoor play area shall be enclosed by a fence or wall at least four (4) feet in height." EQUIPMENT IS A THIRD CEILING, AND IT IS PER AGE GROUP. Rule 660-5-27-.04(2)(d)2 requires "at least two (2) items from each category for each age group for which the home is licensed or permitted, as listed in Rule 660-5-27-.13, the Equipment List"; r. .04(3)(a)4 requires "at least two (2) different items of active/outside play equipment listed in Rule 660-5-27-.13 ... for each age group specified on the license/permit"; and the group tier doubles that too - r. .09(12): "The licensee shall provide at least four (4) items from each category of play equipment for each age group listed in Rule 660-5-27-.13, Equipment List."

Half of the required equipment is exactly what a six-month permit exists to let you finish buying (r. .03(6)(b)). SLEEPING FURNITURE IS A FOURTH, HEAD-BY-HEAD CEILING. Rule 660-5-27-.04(2)(d)1: "The licensee shall provide a crib, playpen, bed, or cot for each child who requires rest or sleep during the hours while in care," with "(i) No child shall sleep with an adult. (ii) Each child younger than twelve (12) months of age shall sleep alone in a crib or play pen... (xi) Each child between 12 and 18 months of age shall sleep alone in a crib or play pen or on a low cot. (xii) Children over 18 months and older must sleep on a cot or bed. Two children of the same sex may share a double or larger size bed... (xvii) Upper or top bunk beds shall not be used by a child at any time. (xviii) No child shall sleep or nap on the floor." Three infants therefore mean three compliant cribs, and the crib itself must satisfy "the U.S. Consumer Product Safety Act of 2008," with a Certificate of Compliance on file for any crib manufactured before June 28, 2011 and a date-of-manufacture label on any crib made after it (r. .04(2)(d)1(iii)).

Adult-to-child ratios

THE HONEST HEADLINE: ALABAMA PUBLISHES NO AGE-BANDED ADULT-TO-CHILD RATIO TABLE FOR THE SMALL HOME TIER. I read all fifteen rules of ch. 660-5-27 in full - .01 through .14, including the repealed .14 - and there is no table of the kind Nebraska, Minnesota or Delaware print. For a family day care home the arithmetic is done entirely by the capacity caps: one adult (the licensee) may serve up to six children, of whom at most three may be younger than twelve months (r. 660-5-27-.02(9); r. .03(7)(e)). That is the ratio. Saying Alabama sets 1:6 with an infant sub-cap of 3 is accurate; saying Alabama sets, e.g., 1:5 for toddlers would be an invention. The obligation that fills the gap is qualitative and absolute - r. 660-5-27-.06(1): "Supervision of the Children. The children shall be supervised at all times. The licensee shall be responsible for the care and supervision of the children at all times. Doors should not be closed in any area where children are sleeping." - measured against the definition in r. 660-5-27-.02(22): "SUPERVISION. Responsibility for each child and accountability for his/her care by giving direct and full attention to the children at all times." "Direct and full attention" is the standard an Alabama licensing representative applies where a numeric ratio would be applied elsewhere.

GROUP DAY CARE HOME - THREE NUMERIC RULES, ALL IN r. 660-5-27-.09. (1) A STAFFING ROSTER, not just a ratio. Rule .09(2): "A group day care home shall have at least the following caregivers: the licensee, the assistant caregiver, and at least two (2) substitutes." Four named adults must exist on paper before the licence issues - and note the small tier needs only one substitute (r. .05(5): "The licensee shall have at least one (1) substitute"). (2) TWO ADULTS WHENEVER SEVEN OR MORE CHILDREN ARE PRESENT, and the rule says WHICH two. Rule .09(3): "Whenever seven (7) or more children are present, at least two (2) adult caregivers shall be present and supervising the children. This shall include the licensee and the assistant caregiver. If a substitute is used, either the licensee or the assistant caregiver shall be present and supervising the children." So two warm bodies is not enough: two substitutes covering a group home is a violation, because at least one of the licensee or the assistant caregiver must be in the room. The threshold is SEVEN PRESENT, not seven enrolled - drop to six children at 5 p.m. and the second adult is no longer compelled by .09(3). (3) AN INFANT RATIO OF 1:3, WITH A CEILING OF SIX.

Rule .09(4): "No group day care home shall be licensed for more than six (6) children younger than twelve (12) months of age. There shall be at least one caregiver present and supervising each three (3) children younger than twelve (12) months of age." Six infants therefore compel two caregivers on the infants alone - which, in a home capped at twelve children and staffed by a licensee plus one assistant caregiver, means six infants consume the entire adult roster. This is the only genuine age-banded ratio anywhere in the home chapter. THE SWIMMING AND WADING RATIOS - the sharpest numbers in the chapter, and they are stricter than the care ratios by a wide margin. They sit in r. 660-5-27-.04(3)(c), under a heading that first disclaims Department oversight of the activity: "Note: The Department of Human Resources does not inspect activities away from the home, including swimming and wading activities. The licensee shall assume full authority and responsibility for away from the home activities." Then r. .04(3)(c)1: "When a swimming pool (above ground or in-ground), two (2) feet or more in depth is accessible to the area used for child care, the pool shall be enclosed by a fence or a solid wall which has no doors or windows.

The sides of an above ground pool shall not be considered a fence or wall. The fence or wall shall be at least four (4) feet in height, with a locking gate. The gate and all areas of access shall remain locked at all times the pool is not in use." Then the ratios, at r. .04(3)(c)1(i): "If children are allowed in the pool area, additional supervision shall be required. Caregivers shall be within arm's length providing 'touch supervision.' The adult to child ratio shall be: (I) one adult caregiver for each child younger than 2 1/2 years; (II) one adult caregiver for every three (3) children, 2 1/2 years up to 6 years of age; (III) one adult caregiver to every five (5) children, 6 years of age and older." One-to-one for the under-two-and-a-halfs, within arm's length. Add r. .04(3)(c)1(ii): "A person with a current American Red Cross Lifeguard Training Certificate shall be in the pool area at all times when the pool is in use. A copy of the current American Red Cross Lifeguard Training Certificate shall be on file in the home." The certificate is brand-specific on the face of the rule - American Red Cross Lifeguard Training - and r. 660-5-27-.07(3)(d)2 and (3)(e)9(ii) require the certificate in the licensee's and each caregiver's file "if the home has a pool and the children in care are allowed in the pool area."

For shallow water, r. .04(3)(c)2: "When a wading structure less than two (2) feet in depth is available to the children, there shall be continuous supervision by an adult caregiver. The wading pool shall be filled with clean water prior to each day's usage. The wading pool shall be emptied when not in use." And r. .04(3)(c)3-4: "The licensee shall be present during any swimming/wading activities" and written parental permission for each child must be on file. WHO MAY BE COUNTED IN A RATIO AT ALL - TWO DISQUALIFICATIONS THAT CATCH NEW HOMES. Rule 660-5-27-.05(2)5: "Pending completion of all required background check components, applicants/licensees, substitutes and assistant caregiver cannot be counted in the staff/child ratio." Rule 660-5-27-.05(3)(k)1, closing sentence: "Pending completion of all required preservice training, applicants/licensees, substitutes, and assistant caregivers cannot be counted in the staff/child ratio." The same disqualification is repeated verbatim for substitutes at r. .05(5)(e) and for assistant caregivers at r. .09(8)(a). So a group home whose newly hired assistant caregiver is waiting on her fingerprint result has, in law, one adult - and therefore may not have seven children present. A DRAFTING WRINKLE WORTH KNOWING.

Alabama defines two staff words that are not synonyms. Rule 660-5-27-.02(4): "CAREGIVER. A person providing care and guidance of the children in the home." Rule 660-5-27-.02(2): "ASSISTANT CAREGIVER. A person providing care and guidance of the children in a group day care/nighttime home, under the supervision of the licensee." The assistant caregiver is a GROUP-tier role by definition; the small tier has a licensee and a substitute, and no assistant caregiver post exists in it. NIGHT RATIOS. Rule 660-5-27-.10(1) carries the two-adult rule across into group nighttime homes - "Anytime seven (7) or more children are present, at least two (2) adult caregivers shall be present and supervising the children" - and r. .10(2) reiterates "The number and age of children in nighttime care shall not exceed the number and age range of children for which the nighttime home is licensed." The night rules add sleeping arrangements rather than staffing: r. .10(3)(a) "Each child younger than 18 months of age who receives his/her regular night's sleep in a nighttime home shall sleep alone in a crib"; r. .10(3)(c) "Each child who is 18 months of age or older, who receives his/her regular night's sleep in a nighttime home shall sleep in a bed."

Training you must complete before licensure

Alabama's pre-service package for a home licensee has five separate components, and three of them are hour-counted. Every figure below is from Ala. Admin. Code r. 660-5-27-.05, whose History line ends "Amended: Published July 30, 2021; effective September 13, 2021." (1) EDUCATION. Rule 660-5-27-.05(3)(a): "Applicants for an initial license shall have a high school diploma or G. E. D. (general education diploma). Homes licensed before January 22, 2001 are exempt from this requirement as long as the license remains current." That grandfather clause is date-specific and conditional - it dies the moment the licence lapses. The same grandfathering is given to substitutes at r. .05(5)(b): "Substitutes shall have a high school diploma or a general education diploma (G.E.D.). Substitutes designated before January 22, 2001 are exempt from this requirement." The application form DHR-CDC-712 turns it into a filing instruction: "If this is your first application: Attach a copy of your high school diploma or General Education Diploma (G. E. D.)." (2) AGE. Rule 660-5-27-.05(3)(b): "The licensee shall be at least 18 years of age." (3) CPR AND FIRST AID, BEFORE THE LICENCE.

Rule 660-5-27-.05(3)(c): "Prior to initial licensing, the applicant/licensee shall submit to the Department a current Infant-Child (Pediatric) Cardiopulmonary Resuscitation Certification (CPR) and a current First Aid Certificate." Note the specificity: Infant-Child (Pediatric) CPR, not adult CPR, and a separate First Aid certificate. Rule .05(3)(d) makes the renewal duty continuous: "The licensee shall submit an updated Infant-Child (Pediatric) Cardiopulmonary Resuscitation Certification (CPR) and an updated First Aid Certificate to the Department when these certificates expire." (4) TWENTY-FOUR CLOCK HOURS OF CHILD CARE TRAINING, FOUR IN EACH OF SIX CORE AREAS. Rule 660-5-27-.05(3)(e): "Prior to initial licensing, the applicant/licensee shall have at least twenty-four (24) clock hours of training in child care and development through participation in workshops, meetings, recorded/printed materials, or one to one consultation. Written documentation shall be submitted to the Department. Child care training shall include at least four (4) hours in each of these areas: 1 child development; 2. health, safety and universal precautions; 3. quality child care and licensing; 4. the child care professional and the family; 5. language development; 6. positive discipline and guidance."

Six areas at four hours each is exactly 24, so the distribution requirement consumes the whole allowance - there is no discretionary remainder. The permitted delivery modes are unusually broad and are listed in the rule itself: workshops, meetings, recorded or printed materials, or one-to-one consultation. "Health, safety and universal precautions" points back to r. 660-5-27-.02(23): "UNIVERSAL PRECAUTIONS. Safety procedures established to reduce the spread of infectious disease through blood and bodily fluids." (5) ELEVEN HEALTH-AND-SAFETY TOPICS, ONE HOUR EACH, FROM AN OUTSIDE SOURCE. Rule 660-5-27-.05(3)(k)1: "The applicant/licensee shall have at least one(1) hour of preservice training from an outside source in each of the following eleven (11) required topic areas: (i) Prevention and control of infectious diseases (including immunization); (ii) If applicable, sudden infant death syndrome (SIDS) prevention and use of safe sleeping practices; (iii) Medication administration; (iv) Prevention of and response to emergencies due to food and allergic reactions; (v) Building and physical premises safety; (vi) If applicable, prevention of shaken baby syndrome and abusive head trauma; (vii) Emergency preparedness and response planning; (viii) Handling and storage of hazardous materials/correct disposal of biocontaminants; (ix) Recognition and reporting of child abuse and neglect; (x) First aid and CPR; (Xi) If applicable, appropriate precautions in transporting children.

Pending completion of all required preservice training, applicants/licensees, substitutes, and assistant caregivers cannot be counted in the staff/child ratio." Two features deserve emphasis. FROM AN OUTSIDE SOURCE - self-study will not do for these eleven, unlike the 24 core hours, which the rule expressly allows you to acquire from "recorded/printed materials." And IF APPLICABLE - topics (ii), (vi) and (xi) are conditional on the home's actual programme (infants; transporting children), which is why a home licensed for school-agers only and not transporting can, on the face of the rule, complete eight rather than eleven. "Bio contaminants" is defined at r. 660-5-27-.02(3): "A living organism or product that can harm animals or humans if inhaled, swallowed, or otherwise absorbed into the body." CPR AND FIRST AID HOURS DO NOT COUNT TOWARD THE CLOCK HOURS. The rule says so three separate times, once after r. .05(3)(f), once after r. .05(3)(g) and once after r. .05(3)(i): "Training in CPR and First Aid shall not be counted toward required training hours." So the Infant-Child CPR class you take to satisfy r. .05(3)(c), and topic (x) of the eleven, do not reduce the 24. TWO ADMINISTRATIVE OBLIGATIONS WITH EXPIRED DEADLINES ON THEIR FACE.

Rule 660-5-27-.05(3)(h): "By August 1, 2022, the licensee must complete an orientation training on the assessment tools utilized by the Department's Quality Rating Improvement System (QRIS)." Rule .05(3)(j): "By August 1, 2022, all home staff including licensee, substitutes, and assistant caregivers must enroll in the Alabama Pathway's Professional Development Registry." Both are drafted as one-off transition deadlines that lapsed four years ago and were never re-drafted as continuing obligations for new entrants. On the literal text a 2026 applicant is not commanded to do either, because the command was to act "by August 1, 2022." In practice DHR administers both as standing requirements. That gap between text and practice is flagged in verify_flag rather than published as a rule. SUBSTITUTES - SIX HOURS, ONE IN EACH OF THE SIX AREAS, PLUS THE ELEVEN TOPICS. Rule 660-5-27-.05(5)(a)-(b) sets age 18 and the diploma; r. .05(3)(f): "All substitutes shall have at least six (6) clock hours of training in child care and development through participation in workshops, meetings, videotapes, or one-to-one consultation, unless written documentation of prior equivalent training is on file.

Training in child care shall include at least one (1) hour in each of these areas: 1 child development; 2. health, safety and universal precautions; 3. quality child care and licensing; 4. the child care professional and the family; 5. language development; 6. positive discipline and guidance." And r. .05(5)(e) imposes on substitutes the identical eleven one-hour outside-source topics required of the licensee, with the same ratio disqualification pending completion. Rule .05(5)(d) lists the twelve items that must be in the substitute's file in the home, including "5. required medical form, including TB test or chest x-ray; ... 8. documentation of a current Infant-Child (Pediatric) Cardiopulmonary Resuscitation Certification (CPR) and a current First Aid Certificate; ... 10. written verification that he/she has been informed of emergency procedures; 11. written verification that he/she has read the Standards. 12. Photo identification." And r. .05(5) contains a prohibition people miss: "Another licensed child care provider shall not be a substitute. Substitutes shall care for the children in the licensee's home."

GROUP-HOME ASSISTANT CAREGIVER - TWELVE HOURS WITHIN THIRTY DAYS, NOT BEFORE HIRE. Rule 660-5-27-.09(5): "The assistant caregiver hired after January 22, 2001 shall meet the same educational, medical, age, and character and suitability requirements and qualifications as the licensee with the exception of living in the home." Rule .09(6): "The assistant caregiver shall have at least twelve (12) clock hours of training in child care within the first 30 days of employment. Child care training shall include clock hours in each of these areas: (a) child development; (b) health, safety and universal precautions; (c) quality child care and licensing; (d) the child care professional and the family; (e) language development; (f) positive discipline and guidance." Note the drafting difference from the licensee's rule: it says "clock hours in each of these areas" without specifying how many per area, so the twelve are distributable. And r. .09(8)(a) adds the same eleven one-hour outside-source topics as pre-service, with the ratio disqualification attached. EVERY CAREGIVER MUST HAVE READ THE STANDARDS.

Rule 660-5-27-.09(10): "All caregivers shall read and be familiar with the standards and written verification of this shall be on file in the home," mirrored for the licensee at r. .07(1)(c) and evidenced on Appendix F of the Standards, the form headed "I have read the Standards for Family/Group Day Care and Nighttime Homes. I understand that I must comply with these regulations while I am employed by ______ (Name of licensee). Failure to do so could result in immediate termination of employment," signed by both the staff person and the licensee.

Ongoing (annual) training

LICENSEE: TWENTY CLOCK HOURS A YEAR ACROSS SIX AREAS, PLUS ELEVEN ONE-HOUR OUTSIDE-SOURCE TOPICS. Ala. Admin. Code r. 660-5-27-.05(3)(g): "Thereafter, the licensee shall have at least twenty (20) clock hours of training related to child care each year. Documentation of training shall be on file in the home. Child care training shall include the following areas: 1 child development; 2. health, safety and universal precautions; 3. quality child care and licensing; 4. the child care professional and the family; 5. language development; 6. positive discipline and guidance." followed immediately by "Training in CPR and First Aid shall not be counted toward required training hours." Compare the pre-service subsection: the initial 24 hours had to include "at least four (4) hours in EACH" area; the annual 20 must merely "include the following areas," with no per-area minimum.

The distribution requirement is qualitative after year one, and the annual figure is LOWER than the pre-service figure (20 < 24). On top of the 20, r. 660-5-27-.05(3)(k)2: "Thereafter, the Licensee shall have at least one (1) hour of annual training from an outside source in each of the following eleven(11) required topic areas: (i) Prevention and control of infectious diseases (including immunization); (ii) If applicable, sudden infant death syndrome (SIDS) prevention and use of safe sleeping practices; (iii) Medication administration ; (iv) Prevention of and response to emergencies due to food and allergic reactions; (v) Building and physical premises safety; (vi) If applicable, prevention of shaken baby syndrome and abusive head trauma; (vii) Emergency preparedness and response planning; (viii) Handling and storage of hazardous materials/correct disposal of biocontaminants; (ix) Recognition and reporting of child abuse and neglect; (x) First aid and CPR; (xi) If applicable, appropriate precautions in transporting children." The eleven recur EVERY year, not once - the word is "annual training."

Whether those eleven hours may double-count inside the 20 is not addressed by the rule; the text neither authorises nor forbids it. What the text does forbid, explicitly, is counting CPR and First Aid hours toward the 20 - which sits oddly beside topic (x) being "First aid and CPR." This is a genuine internal tension in the rule, not a reading error; it is flagged in verify_flag. SUBSTITUTE: SIX CLOCK HOURS A YEAR, PLUS THE SAME ELEVEN TOPICS. Rule 660-5-27-.05(3)(i): "Thereafter, all substitutes shall have at least six hours of training related to child care each year. Documentation of training shall be on file in the home. Child care training shall include the following areas 1 child development; 2. health, safety and universal precautions; 3. quality child care and licensing; 4. the child care professional and the family; 5. language development; 6. positive discipline and guidance." plus the closing "Training in CPR and First Aid shall not be counted toward required training hours." Rule 660-5-27-.05(5)(f) adds: "Thereafter, the substitute shall have at least one (1) hour of annual training from an outside source in each of the following eleven (11) required topic areas ..." - the identical list.

GROUP-HOME ASSISTANT CAREGIVER: TWELVE CLOCK HOURS A YEAR, PLUS THE SAME ELEVEN TOPICS. Rule 660-5-27-.09(7): "The assistant caregiver shall have at least twelve (12) clock hours of child care training each year thereafter. Child care training shall include clock hours in each of these areas: (a) child development; (b) health, safety and universal precautions; (c) quality child care and licensing; (d) the child care professional and the family; (e) language development; (f) positive discipline and guidance." Rule .09(8)(b): "Thereafter, the Assistant Caregiver shall have at least one (1) hour of annual training from an outside source in each of the following eleven (11) required topic areas ...". Note that the assistant caregiver's annual figure (12) equals her initial figure (12 within 30 days of hire), whereas the licensee's annual figure (20) is four hours BELOW her initial figure (24) and the substitute's is level at 6. WHERE THE DOCUMENTATION LIVES. The pre-service 24 hours must be "submitted to the Department" (r. .05(3)(e)); the annual 20 must be "documentation of training ... on file in the home" (r. .05(3)(g)).

Rule 660-5-27-.07(3)(d) lists what the licensee keeps: "Written verification of training for the applicant/licensee, including: 1. written documentation of a current Infant-Child (Pediatric) Cardiopulmonary Resuscitation Certification (CPR) and a current First Aid Certificate; 2. a current American Red Cross Lifeguard training certificate if the home has a pool and the children in care are allowed in the pool area; 3. written verification of training received through workshops, meetings, recorded/printed materials, or one to one consultation." For each assistant caregiver and substitute, r. .07(3)(e)9 requires the same, with a parenthetical that quietly relieves substitutes of the workshop-verification item: "(iii) written verification of training received through workshops, meetings, videotapes, or one to one consultation (not required for substitutes)." And r. .07(3)(f): "Records on caregivers and substitutes shall be kept for at least two (2) years after the caregiver or substitute leaves." SUMMARY TABLE, ALL FROM THE RULE TEXT: licensee - 24 pre-service clock hours (4 per area x 6 areas) then 20 per year; substitute - 6 pre-service clock hours (1 per area x 6 areas) then 6 per year; group-home assistant caregiver - 12 clock hours within 30 days of hire then 12 per year. All three additionally owe 1 hour per year from an outside source in each of the eleven health-and-safety topics, and for none of the three do CPR/First Aid hours count toward the clock-hour totals.

Background checks

THE HEADLINE CORRECTION FIRST, BECAUSE IT DECIDES WHO IS SCREENED. ALABAMA'S THRESHOLD FOR A SCREENED ADULT HOUSEHOLD MEMBER IS NINETEEN, NOT EIGHTEEN. Ala. Admin. Code r. 660-5-27-.02(1) defines the term the whole chapter runs on: "ADULT. Any person 19 years of age or older." Ala. Code Sec. 38-13-2(1), the definitions section of the criminal-history statute that ch. 660-5-27 invokes by name, is identical: "ADULT. An individual 19 years of age and older." Sec. 38-13-2(8) then fixes the other end: "CHILD or CHILDREN. An individual under 19 years of age." Alabama's age of majority is 19 and the licensing scheme is built on it. DHR's own public instructions page for child care licensing background checks nevertheless tells providers that checks are needed on "All adults living in a family child care home and are age 18 or older." The agency page is one year off the rule and the statute it is meant to implement. This is exactly the failure mode the brief warns about, and it matters: an 18-year-old living in the home is, in Alabama law, a CHILD, not an "adult household member," and the Central Registry clearance obligation in r. .05(2)2(i) - which is worded "the applicant and each adult household member" - does not on its face reach her.

She may still be reached by the separate, function-based limb ("any other person who has contact with the children or unsupervised access to the children"), and prudent practice is to screen her; but the published age threshold in the binding text is 19. Practitioners should expect DHR to ask at 18 and should not argue with a licensing representative about it. THE TWO REGISTRY COMPONENTS - CENTRAL REGISTRY AND CRIMINAL HISTORY. Rule 660-5-27-.05(2)(c)2, Clearance of State Central Registry on Child Abuse/Neglect: "(i) At the time of initial application, a completed REQUEST FOR CLEARANCE OF STATE CENTRAL REGISTRY ON CHILD ABUSE/NEGLECT shall be submitted by the applicant and each adult household member. Results shall be kept in the Department's files. (ii) The applicant shall obtain a completed REQUEST FOR CLEARANCE OF STATE CENTRAL REGISTRY ON CHILD ABUSE/NEGLECT for each assistant caregiver, substitute, volunteer, domestic worker, and any other person who has contact with the children or unsupervised access to the children. Results shall be kept on file in the home. (iii) A REQUEST FOR CLEARANCE OF STATE CENTRAL REGISTRY ON CHILD ABUSE/NEGLECT shall be updated every five (5) years.

Additional request may be required based on the discretion of the Department. (iv) A REQUEST FOR SUPPLEMENTAL CLEARANCE for Inter-State Child Abuse/neglect registry if an individual has lived in another state within the past five (5) years." Note the split custody of results: the APPLICANT'S and household members' results go to the Department's files; the staff results are kept by the licensee in the home. Rule 660-5-27-.05(2)(c)3, Criminal History Background Information Checks: "(i) In accordance with Alabama law, (Act 2000-775, Code of Ala. 1975, Sec. 38-13-1 through 12, the criminal history of each applicant for a license, each licensee, each adult household member, substitute, assistant caregiver, volunteer, and domestic worker, as well as any other person who has contact with the children or unsupervised access to the children shall be submitted. This information must be updated every five (5) years and must include the following suitability components. (I) National FBI Criminal History Check, with fingerprint; (II) NCIC National Sex Offender Registry (NSOR) check; (III) In-state Criminal History Check, with fingerprint; (IV) In-State Sex Offender Registry check; (V) Inter-State Criminal History check if individual has lived in another state within the past five (5) years; (VI) Inter-State Sex Offender Registry check if individual has lived in another state within the past five (5) years."

That is a six-component check, and two of the six are conditional on a five-year residency history outside Alabama - which is why DHR-CDC-712 asks applicants to "List addresses of all places you have lived in the past five years, if different from your present address." WHO IS COVERED - THE FULL LIST, AND THE ONE PHRASE THAT SWALLOWS THE REST. The covered population under r. .05(2)(a) is "Applicants/licensees ..., household members, caregivers ..., substitutes, domestic workers, volunteers, or other persons who have contact with the children in care or unsupervised access to the children in care." Note it is "CONTACT with the children" OR "unsupervised access" - Alabama does not limit screening to unsupervised access. The statute reaches the same population from the other direction: Ala. Code Sec. 38-13-2(3) defines APPLICANT to include, "[w]ith regard to child care and adult care facilities in a home setting, ... an adult household member whose residence is in the home," and Sec. 38-13-2(25) defines LICENSEE as "Holder of a license or approval and an adult household member whose residence is in the home in regard to child care and adult care facilities in a home setting." A resident adult is, for this purpose, a licensee.

RESIDENCE is defined at Sec. 38-13-2(29): "Place of abode, domicile, or dwelling with intention to remain permanently and continuously or for an indefinite or uncertain length of time." One exclusion is expressly written in - Sec. 38-13-2(34): a VOLUNTEER "shall not include the parent, family member, legal custodian, or legal guardian of a child ... in care." MECHANICS: FINGERPRINTS, CONSENT, AND WHO MAY ASK. Ala. Code Sec. 38-13-3(c): "Every employee, volunteer or applicant, for employment or a volunteer position, licensee, ... or applicant for a license to the Department of Human Resources to operate a child care or adult care facility shall submit two sets of fingerprints and sign a written consent to obtain the criminal history background information. Fingerprints shall not be required when a disability prevents a person from being fingerprinted. Disabilities preventing fingerprinting include the loss of both hands, severe scarring of all fingers, closed paralytic hands, and similar disabilities. In cases involving disability, a written consent to obtain available criminal history background information by name only shall be obtained.

No one who fails or refuses to give written consent or submit fingerprints necessary to obtain criminal history background information may be employed, allowed to perform volunteer or other work, approved or issued a license, or allowed to retain a license or approval." Sec. 38-13-3(b) routes the request: only the chief executive officer of the employer or facility, "or his or her designee authorized in writing and notarized," may make it, and "law enforcement shall render assistance, including assistance in obtaining fingerprints." Sec. 38-13-4(c) puts a clock on it: "No later than the five business days after employment or a reasonable time after completion of application for a license or approval, an employer, the Department of Human Resources, or child placing agency shall mail or deliver a request for a criminal history background information check to the Alabama State Law Enforcement Agency accompanied by all of the following: (1) Two complete sets of fingerprints, properly executed by a law enforcement agency or an individual properly trained in fingerprinting techniques. (2) Written consent from the applicant, employee, or volunteer for the release of the criminal history background information to the Department of Human Resources. (3) The fee."

HOW IT IS DONE IN PRACTICE, AND WHAT IT COSTS. DHR's published Instructions for Child Care Licensing Background Checks name the vendor and the price: fingerprinting is scheduled through Fieldprint at fieldprintalabama.com, at a stated fee of $47.20 per application. The same page gives the Central Registry route: the in-state child abuse/neglect check uses form DHR-FCS-1598, with no fee, mailed to "State of Alabama DHR; Office of Child Protective Services; CA/N Central Registry; 50 N. Ripley Street; Montgomery, Alabama 36130"; an interstate check uses DHR-FCS-1598 together with DHR-FCS-1598-B, also without fee, to the same address. The page additionally describes a name-based Alabama criminal history request through the Alabama State Law Enforcement Agency at a fee of $25.00 with a stated processing time of four to five weeks - that is the ALEA name-based product, not a substitute for the fingerprint check that r. .05(2)(c)3(i)(I) and (III) require. A FORM-NUMBER DISCREPANCY INSIDE THE OFFICIAL MANUAL. DHR's web instructions and general practice call the Central Registry form DHR-FCS-1598 (FCS = Family Services).

The Department's own published Standards manual, in the instructions block printed on the staff application form (Appendix D), calls it something else: "A completed REQUEST FOR CLEARANCE OF STATE CENTRAL REGISTRY ON CHILD ABUSE/NEGLECT (DHR-DFC-1598) shall be obtained for each caregiver, substitute, volunteer, domestic worker, and any other person...". DFC versus FCS, same 1598. Ask for the form by its full name rather than its prefix. THE SUITABILITY DETERMINATION IS NOT A HIRING DECISION. Rule 660-5-27-.05(2)(c)3(iv): "If a suitability determination letter is received by the licensee from the Department's Criminal History Check Unit stating an individual is suitable for employment based on the absence of any disqualifying convictions, the licensee shall make his or her own determination regarding employment or volunteer work. No right to employment is created by the issuance of a letter stating an individual is suitable for employment." The statute says the same at Sec. 38-13-4(d), and adds the mandatory consequence in the other direction: "Upon receipt of a determination from the Department of Human Resources that an individual is unsuitable for employment, licensure, approval, or volunteer work, an employer, the child care facility, ... or Department of Human Resources shall terminate the individual from employment or volunteer work or shall not employ or use the individual. ...

The Department of Human Resources or child placing agency shall suspend or revoke a license or approval or deny a license or approval application to an individual receiving an unsuitability determination." Rule .05(2)(c)3(ii)-(iii) mirrors both limbs. WHAT DISQUALIFIES. Ala. Code Sec. 38-13-2(31)a: "Convictions for any of the following crimes shall make an individual unsuitable for employment, volunteer work, approval, or licensure: 1. A violent offense as defined in Section 12-25-32. 2. A sex crime. 3. A crime that involves the physical or mental injury or maltreatment of a child, the elderly, or an individual with disabilities. 4. A crime committed against a child. 5. A crime involving the sale or distribution of a controlled substance. 6. A crime or offense committed in another state or under federal law which would constitute any of the above crimes in this state." SEX CRIME is defined at Sec. 38-13-2(30) as "any sex offense listed in Section 15-20A-5" - the Alabama Sex Offender Registration and Community Notification Act schedule. CONVICTION is defined broadly at Sec. 38-13-2(11): "A determination of guilt as the result of a plea, including a plea of nolo contendere, or a trial."

And Sec. 38-13-2(31)c leaves DHR room to add more by rule. THE REGULATION'S OWN, WIDER 'UNSUITABLE CHARACTER' LIST. Beyond the statutory disqualifiers, r. 660-5-27-.05(2)(c)4(i) lists evidence that "may make an applicant/licensee, household member, assistant caregiver, substitute, domestic worker, volunteer, or any other person, unsuitable": "(I) any felony conviction in this or any other state; (II) theft and other financial crimes related to business activities; (III) misdemeanor convictions in this or any other state; (IV) operating a motor vehicle while under the influence of or while impaired by the use of intoxicating liquor or drugs; (V)) offenses involving the reckless operation of a motor vehicle at an excessive speed; (VI) a crime involving the possession of a controlled substance; (VII) operating a child care facility without a license/permit/exemption; (VIII) refusal to cease operations of an unlicensed child care facility; (IX) a history of consistent failure to maintain standards while operating a child care facility; (X)) refusal or failure to cooperate in any Department investigation or inspection; (XI) making false or misleading statements or reports to the Department; (XII) past history of the individual regarding his/her truthfulness; (XIII) the individual's ability to care for children," plus "(ii) Indicated (founded or substantiated) reports of adult or child abuse/neglect, with or without criminal convictions, in this or any other state."

The rule then requires a proportionality analysis: the evidence "will be evaluated to determine whether or not it constitutes a danger to the children based on the seriousness of the crime, the existence of extenuating circumstances, the propensity to recommit the crime, and evidence of rehabilitation since the crime was committed." Speeding and DUI are on that list. So are unsubstantiated-by-conviction abuse findings. REFERENCES ARE PART OF THE CHARACTER SCREEN, NOT AN EXTRA. Rule 660-5-27-.05(2)(c)1(i): "At the time of initial application, each applicant for a license and each adult household member shall provide the Department with the names, addresses, and telephone numbers of at least three persons who are unrelated to the applicant or household member by blood, marriage, or adoption. These persons shall be contacted by the Department to determine the applicant/household member's character, community reputation, work history, and suitability to care for children ... The Department may, at its discretion, contact additional sources." And (ii) shifts the burden to the licensee for staff: "The applicant/licensee shall obtain at least three written references for each current and prospective caregiver, substitute, domestic worker, volunteer, or other person who has contact with the children or unsupervised access to the children. ...

Written references shall be kept on file in the home." The application form DHR-CDC-712 adds a duration qualifier the rule omits: "List at least three (3) persons you have known for at least two (2) years who are not related to you or any member of your household by blood, marriage, or adoption." THE FIVE-YEAR CYCLE, AND WHERE IT IS DOCUMENTED. Both components run on five years - r. .05(2)(c)2(iii) for the Central Registry clearance and r. .05(2)(c)3(i) for the criminal history. Rule 660-5-27-.07(3)(e) tells you what that means in the file: "2. State Central Registry on Child Abuse/Neglect Clearance Form must be issued within the last five (5) years and updated every five (5) years thereafter (See Rule 660-5-27-.05, for details). Forms can be obtained from the Department's website; 3. Criminal history background information, including; (i) A Suitability Determination letter from the Department must be issued within the last five (5) years and updated every five (5) years thereafter. (ii) Identification verification of name, date of birth, race and sex in the form of a photo identification from any governmental agency, such as a driver's license, non-driver's identification, or program participation card."

Note that the photo-ID verification is a file requirement in its own right. Ala. Code Sec. 38-13-4(f) supplies the portability principle behind the cycle: "Unless otherwise provided in this chapter, only one criminal history background information check shall be required on an individual regardless of subsequent changes in employment or licensing or approval status. Subsequent criminal history background information checks may be conducted by the employer or licensing or approval entity. The licensing or approval entity shall pay the cost for subsequent criminal history background information checks." CONTINUING DUTY TO REPORT ARRESTS AND CONVICTIONS - 24 HOURS, THEN 5 DAYS. Rule 660-5-27-.05(2)(c)3(v): "The licensee shall inform the Department of any criminal convictions and current criminal charges involving the licensee, household members, substitutes, caregivers, domestic workers, and other persons who have contact with the children or unsupervised access to the children, which occur after a license/permit is obtained. Such reports shall be made within 24 hours and followed by a written report within five (5) days."

Rule .07(2)(c) puts the same clock on "11. any arrest of the licensee, household members, caregivers, substitutes, domestic workers, volunteers, or any other persons who have contact with the children or unsupervised access to the children; 12. final disposition of any child abuse/neglect investigation involving [the same people]," and on "10. changes in members of the household (new household members moving into the home, household members moving out of the home, birth of a child)." A new adult moving in is a reportable event within 24 hours. THE PENALTY FOR LYING ON THE FORM. Ala. Code Sec. 38-13-4(a)(1) prints the notice that must be signed: "An individual who intentionally falsifies or provides any misleading information on the statement is guilty of a Class A misdemeanor, punishable by a fine of not more than two thousand dollars ($2,000) and imprisonment for not more than one year." And DHR-CDC-712's own closing block recites Sec. 38-7-16's $100-$1,000 fine and up to one year in county jail for materially false statements made to obtain a licence. WHAT IS NOT IN THE ALABAMA HOME RULES.

There is no fee waiver, no provisional-hire pathway written into ch. 660-5-27 (the statute's provisional-employment allowance at Sec. 38-13-4(b) exists, but r. .05(2)5 forbids counting the person in the staff/child ratio until the check is complete), and no 180-day 'break in service' re-check rule of the kind several other states publish. Nothing in ch. 660-5-27 or ch. 38-13 that I read sets a 180-day trigger.

The application, step by step

Work through these in order — the prep packet turns them into a checklist you can tick off:

  1. STEP 1 - CONFIRM YOU NEED A LICENCE AT ALL, AND WHICH ONE. Rule 660-5-27-.01 fires the requirement on any one of three facts: "Providing care for one or more children who are not related to the provider; Providing care away from the child's home; Providing care for more than four (4) hours in a 24 hour period." Check "related" against the closed list in r. 660-5-27-.02(20) ("parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, half brother, half sister, uncle or aunt, and their spouses" - cousins are not on it). Then pick the tier: not more than six children during the day is a DAY CARE HOME (r. .02(9)); at least seven and not more than twelve, with two adults present, is a GROUP DAY CARE HOME (r. .02(15)) and requires a SEPARATE licence under r. .09(1) - "A separate license shall be applied for and obtained prior to offering group day care for seven (7) but no more than twelve (12) children." Care after 7:00 p.m. adds the nighttime tier (r. .02(18)). Do not assume the church exemption applies: Ala. Code Sec. 38-7-3(b)(2) removes it from any facility that "receives state or federal funds or is operating for profit."
  2. STEP 2 - DO NOT ADVERTISE AND DO NOT TAKE CHILDREN YET. Rule 660-5-27-.03(1)(a): "Day care or nighttime care shall not be provided or advertised prior to issuance of a license or a six-month permit." Rule .03(2)(a)-(b) defines prohibited advertisement expansively - "To solicit a child or children for care means, among other similar actions or terms, to invite, appeal, plead, lure, beg, request, offer, suggest, promote, or implore. Both free and paid advertisement is prohibited" - and lists "printed and published material; descriptive literature and aids; speeches, talks, and presentations; flyers; booklets and pamphlets; signs and posters; illustrations and depictions; newspaper, radio, television, magazine, Internet, and/or other media advertising; letters and direct mail advertising; and any materials used by agents ... printed and illustrated material or descriptions on cups, mugs, pens, pencils, or other objects." Three things are permitted once an application is on file (r. .03(2)(c)): staff-recruitment ads bearing the visible phrase "license application pending"; "Under Construction," "Renovation" or "Remodeling" signs bearing the same phrase; and "[a] market survey to determine the need for child care in a locality" that does not solicit children or promote the business.
  3. STEP 3 - CONTACT DHR AND OBTAIN THE APPLICATION. Rule 660-5-27-.03(1)(b): "Any person, group of persons, or corporation may obtain an application for a license to operate a child care facility by contacting the Department of Human Resources." DHR's Child Care Licensing page publishes "(334) 242-1425 or (866) 528-1694." The application is Appendix A of the Standards, form DHR-CDC-712, Revised 05/21, headed "APPLICATION FOR A LICENSE TO OPERATE A DAY CARE/NIGHTTIME HOME." Rule .03(1)(c): "An application for a license to operate a child care home shall be made on the required form and shall include all requested information." Rule .03(1)(d): "Applications for a license shall not be transferred from one person to another or from one location to another."
  4. STEP 4 - SETTLE THE PREMISES QUESTIONS: PRIMARY RESIDENCE, LANDLORD PERMISSION, ZONING. Rule 660-5-27-.04(1)(a): "Each home licensed shall be the primary residence of the applicant/licensee." Rule .04(1)(b): "Child care shall be provided within the family home, not in a separate building." Rule .04(1)(c): "If rental property is used, a written statement from the owner of the property granting permission for the applicant to operate a child care home, shall be obtained by the applicant and submitted to the Department at the time of initial application." Rule .04(1)(d): "At the time of initial application, a written statement of compliance with applicable zoning requirements shall be obtained and submitted to the Department. If no zoning laws or ordinances are applicable, the applicant shall submit a written statement verifying he/she has checked with the local governing authority and there are no applicable zoning laws or ordinances." The form DHR-CDC-712 asks the same question in one line: "Do you own or rent your home? If you rent, attach a written statement from the owner of the home giving permission for you to operate a day care/nighttime home."
  5. STEP 5 - GET THE FIRE INSPECTION, FROM AN AUTHORITY THAT COUNTS. Rule 660-5-27-.04(1)(e): "At the time of initial application, a written inspection report, with no violations cited, shall be obtained from the fire department with jurisdiction or from the state fire marshal, and submitted to the Department. The home shall comply with the fire code, building and safety codes adopted by the State Fire Marshal's Office. Volunteer fire department approvals and/or inspections will not be accepted." That last sentence is the one that stalls rural applicants. Health inspection is discretionary at the front end - r. .04(1)(f): "A written inspection report from the health department may be requested at the discretion of the Department at any time" - but r. .04(1)(g) makes both recurring: "Subsequent fire and health department inspection reports, after the initial inspection, may be requested by the Department, but must be updated at a minimum of every five (5) years and copies shall be submitted to the Department by the licensee."
  6. STEP 6 - MEDICAL REPORTS AND TB TESTS FOR YOU, EVERY HOUSEHOLD MEMBER, AND EVERY STAFF PERSON. Rule 660-5-27-.05(1)(a): the applicant's initial report, on the required form (Appendix B, form DHR-CDC-737), "from a licensed practicing medical doctor, physician's assistant (as defined in Section 34-4-290(4), Code of Ala. 1975), or a certified nurse practitioner," "dated within six (6) months prior to the date of the initial application," documenting "the date (shall also be within six (6) months) and result of a tuberculin skin test or chest x-ray," attesting "to the physical ability of the applicant/licensee to care for children and the person's freedom from infectious or contagious diseases." Renewal cycles differ by role and this is easy to get wrong: the LICENSEE renews "[a]t least every two (2) years" (r. .05(1)(b)); each HOUSEHOLD MEMBER files initially and then "[a]t least every four (4) years" (r. .05(1)(c)); SUBSTITUTES, ASSISTANT CAREGIVERS and household domestic workers who contact the children or their food file initially and "at least every two (2) years" (r. .05(1)(e)). Rule .05(1)(d) adds the immunisation filing: "for each child from two (2) months to five (5) years of age, living in the home, a valid State of Alabama Certificate of Immunization, a valid Alabama Certificate of Medical Exemption, or a valid Alabama Certificate of Religious Exemption shall be submitted to the Department. A copy shall be kept on file in the home." Rule .05(1)(f) reserves a discretionary "additional medical or psychological evaluation or drug screening ... based on information that raises reasonable suspicion."
  7. STEP 7 - SUBMIT BOTH BACKGROUND-CHECK STREAMS FOR EVERY COVERED PERSON. Fingerprint criminal history through Fieldprint (fieldprintalabama.com, stated fee $47.20 per application), delivering the six components listed in r. 660-5-27-.05(2)(c)3(i): national FBI check with fingerprint, NCIC National Sex Offender Registry check, in-state criminal history check with fingerprint, in-state sex offender registry check, and - if the person lived in another state within the past five years - interstate criminal history and interstate sex offender registry checks. Separately, the Request for Clearance of the State Central Registry on Child Abuse/Neglect (DHR-FCS-1598; the Standards manual prints it as DHR-DFC-1598), no fee, plus DHR-FCS-1598-B where there is out-of-state residence in the past five years, mailed to "State of Alabama DHR; Office of Child Protective Services; CA/N Central Registry; 50 N. Ripley Street; Montgomery, Alabama 36130." Covered persons: the applicant, every ADULT household member - and "ADULT" means 19 or older under r. .02(1) and Ala. Code Sec. 38-13-2(1), notwithstanding DHR's web page saying 18 - plus every substitute, assistant caregiver, volunteer, domestic worker "as well as any other person who has contact with the children or unsupervised access to the children." Nobody may be counted in the staff/child ratio until every component is back (r. .05(2)5).
  8. STEP 8 - ASSEMBLE THE REFERENCES. Rule 660-5-27-.05(2)(c)1(i): the applicant and each adult household member give the Department "the names, addresses, and telephone numbers of at least three persons who are unrelated to the applicant or household member by blood, marriage, or adoption," whom the Department will contact directly. Form DHR-CDC-712 adds the two-year acquaintance requirement: "List at least three (3) persons you have known for at least two (2) years who are not related to you or any member of your household." For staff, the licensee obtains at least three WRITTEN references each (r. .05(2)(c)1(ii)), on Appendix E of the Standards, form DHR-CDC-1948, and keeps them in the home.
  9. STEP 9 - COMPLETE THE TRAINING BEFORE, NOT AFTER. Twenty-four clock hours of child care training with at least four hours in each of the six core areas, documented and submitted to the Department (r. 660-5-27-.05(3)(e)); one hour of preservice training FROM AN OUTSIDE SOURCE in each of the eleven health-and-safety topics (r. .05(3)(k)1); a current Infant-Child (Pediatric) CPR certificate and a current First Aid certificate submitted to the Department (r. .05(3)(c)). "Training in CPR and First Aid shall not be counted toward required training hours." DHR also administers, as continuing requirements, the QRIS assessment-tools orientation and enrolment in the Alabama Pathways Professional Development Registry, both of which r. .05(3)(h) and (j) phrase as one-off deadlines of August 1, 2022 - ask the licensing representative how they are applied to a 2026 applicant.
  10. STEP 10 - NAME AND QUALIFY YOUR SUBSTITUTE (OR, FOR A GROUP HOME, YOUR ASSISTANT CAREGIVER AND TWO SUBSTITUTES). Rule 660-5-27-.05(5): "The licensee shall have at least one (1) substitute. Another licensed child care provider shall not be a substitute. Substitutes shall care for the children in the licensee's home." Age 18, high school diploma or GED, medical report with TB test, three references, education and training verification, CPR and First Aid, character and suitability, written verification of having been informed of emergency procedures, written verification of having read the Standards, and photo identification - the twelve items in r. .05(5)(d). For a group day care home, r. .09(2) requires "the licensee, the assistant caregiver, and at least two (2) substitutes," and r. .09(5) requires the assistant caregiver to "meet the same educational, medical, age, and character and suitability requirements and qualifications as the licensee with the exception of living in the home."
  11. STEP 11 - BRING THE HOME AND GROUNDS TO STANDARD. At least 32 square feet of usable indoor floor space per licensed child (r. .04(2)(c)1); electricity, water, gas if used, and a waste disposal system, plus "a working telephone in the home" (r. .04(2)(a)2-3); all poisons, cleaning supplies and flammables and "anything that states 'Keep out of reach of children'" under lock and key or combination lock (r. .04(2)(a)4); all medication under lock and key (r. .04(2)(a)12); outlet covers "large enough to prevent being swallowed" (r. .04(2)(a)8); handrails within a child's reach on all stairs (r. .04(2)(a)10); barriers around radiators, heaters and fans (r. .04(2)(a)6); clear glass doors marked at child level (r. .04(2)(a)13); a total prohibition on smoking and tobacco use "on the premises, as well as in any vehicle used to transport children, during the hours of child care, including but not limited to cigarettes, cigars, electronic cigarettes, pipes" (r. .04(2)(a)11); animal rules including a current rabies certificate on file and litter boxes out of children's reach (r. .04(2)(a)5); a crib, playpen, bed or cot per resting child with CPSIA-compliant cribs (r. .04(2)(d)1); at least 300 square feet of outdoor play area fenced or walled to four feet - 600 for a group home (r. .04(3)(a)3; r. .09(11)); and pool fencing with a locking gate if a pool two feet or deeper is accessible (r. .04(3)(c)1). Buy at least two items from each equipment category for each licensed age group (r. .04(2)(d)2; four items for a group home under r. .09(12)); half of that equipment is precisely what a six-month permit exists to let you finish (r. .03(6)(b)).
  12. STEP 12 - WRITE THE PARENT POLICIES AND THE EMERGENCY PREPAREDNESS AND RESPONSE PLAN. Rule 660-5-27-.07(1)(g) requires a written statement of the home's rules and policies, given to parents at enrolment and to the Department, covering at least: "1. A statement of child care services to be provided including days and hours of care and fees; 2. Information about the substitutes and how they will be used; 3. Information about any animals on the premises; 4. Information about pools on the premises and if the children will have access to the pool; 5. Parent(s)/guardian(s) shall be informed of their right to visit and observe their child in the home at any time during the hours of care; 6. Statement regarding Standards requirements for illness and injury; 7. A daily schedule which includes a minimum of sixty (60) minutes of moderate to vigorous active play and physical activities indoors and outdoors; 8. Disciplinary practices; 9. An Emergency Preparedness and Response Plan." The plan's required contents are set out at r. .04(5): an emergency contact list for every child, caregiver and substitute; posted emergency numbers by the telephone; a posted evacuation plan; procedures for weather emergencies and natural disasters, lockdown or evacuation for "threats of violence which includes active shooter, bioterrorism or terrorism," hazardous materials, "[o]utbreaks, epidemics or other infectious disease emergencies," and "[l]oss of power, water or heat"; shelter-in-place and reunification detail; special-needs planning; annual updating; contact with local emergency management officials; and r. .04(5)(c)4: "Emergency procedures shall be practiced at least once each quarter."
  13. STEP 13 - FILE THE APPLICATION AND ELECT ON QRIS. DHR-CDC-712 requires the applicant's full name and all former names, date of birth, Social Security number, address, e-mail, telephone, the name of the home day care, the spouse's name and former names and date of birth, own-or-rent status, whether transportation will be provided, the age range, days and hours of care, all addresses lived at in the past five years, a table of every person living in the home (name, date of birth, relationship, occupation/school, Social Security number), three references, the substitute's details (and, for a group home, the assistant caregiver's and a second substitute's), a child-care licensing history question, a current-criminal-charges question, and a signed nine-point agreement to maintain standards, admit Department representatives, and display the licence. The QRIS election is on the face of the form - two boxes, "I choose to participate in QRIS" and "I choose Not to participate in QRIS" - and r. .03(1)(e)4 confirms it is free: "Participation in QRIS program is voluntarily, and the decision to be a non-participant shall have no effect on the license issued pursuant to these standards. The QRIS Star rating earned by a participating provider shall have no effect on the license issued pursuant to these standards." Rule .03(1)(e)5: "A provider's decision regarding QRIS participation may only be changed when requested on the next Licensing Renewal Application."
  14. STEP 14 - THE DEPARTMENT INSPECTS AND INVESTIGATES. Rule 660-5-27-.03(3): "After receipt of the completed application, an inspection of the home and grounds and an investigation of the applicant and the household members will be made by a Department representative. The inspection and investigation will be based on standards and regulations as prescribed and published by the Department. When minimum standards have been met, a license will be issued." Ala. Code Sec. 38-7-4 says the same at statute level. Pre-licensing visits may be scheduled - r. .03(9)(b): "Pre-1icensing visits may be made by a department representative to determine compliance with standards. Pre-1icensing visits may be made by appointment" - but everything afterwards is unannounced: r. .03(9)(c) "Annual visits made for the purpose of determining if standards are being met or to investigate a complaint shall be made without prior notice," and r. .03(7)(f)3 "Such inspection shall be made at any reasonable time, without prior notice, and may include the entire home and grounds." Helpfully, r. .11(1) provides: "No deficiency report shall be completed in conjunction with a prelicensing visit."
  15. STEP 15 - RECEIVE THE LICENCE (TWO YEARS) OR A SIX-MONTH PERMIT, AND POST IT. Ala. Code Sec. 38-7-5(a) and r. .03(7)(a): a licence "is valid for two years unless revoked or suspended by the Department or voluntarily surrendered by the licensee." Rule .03(6)(a): "The Department may, at its discretion, issue one six-month permit to allow reasonable time for the applicant to become eligible for a full license. A new application is not required at the expiration of the six-month permit. The initial application remains pending during the six-month permit period." Rule .03(7)(h): "The current license/permit shall be posted in a place in the home easily viewed by the parent(s)/guardian(s)." If an application is denied, r. .03(4) requires written notice with reasons; r. .03(5) lets you withdraw "either verbally or in writing, at any time during the licensing process"; and r. 660-5-27-.12 governs hearings and appeals.
  16. STEP 16 - CALENDAR THE RENEWAL THIRTY DAYS AHEAD, AND KEEP REPORTING. Rule 660-5-27-.03(8)(a): "An application for renewal of a license shall be submitted to the Department at least thirty (30) calendar days prior to the expiration of the current license. ... It is the sole responsibility of the licensee to obtain the required form(s) and submit the form(s) to the Department on time." Rule .03(8)(b) keeps the licence alive pending decision only if the renewal was timely AND "the application is complete and accurate"; r. .03(8)(c) is the consequence of missing it: "the license will expire on the expiration date shown on the license. If the licensee continues to operate after the expiration date, the licensee will be reported to the District Attorney and the Attorney General for operating an unlicensed child care facility." Thereafter r. .07(2)(c) imposes a standing 24-hour verbal / 5-day written reporting duty on thirteen categories of event, including any injury or illness requiring professional or emergency medical treatment, any death in the home, changes in caregivers or substitutes, changes in household membership including the birth of a child, any arrest of anyone in the covered population, serious damage to the home or grounds, and "any disastrous event"; r. .07(2)(d) requires advance notice of "[a]ny physical or structural changes in the home or on the grounds such as but not limited to: remodeling; renovations; or installation of a swimming pool"; and r. .07(2)(e) requires advance notice of any move, with a new licence before children are received at the new address.

What you must post on your walls

  • THE EIGHT-ITEM POSTING LIST, VERBATIM. Ala. Admin. Code r. 660-5-27-.07(1)(e): "The following documents shall be posted in a place in the home easily seen by parent(s)/guardian(s): 1. the home's current license or permit; 2. the most recent licensing evaluation form; 3. the most recent deficiency report form; 4. public notice form; 5. the name and telephone number for law enforcement, fire department, hospital, poison control and the Department of Human Resources; 6. Emergency Preparedness and Response Plans; 7. corrective/adverse action notices; 8. daily schedule." Note the standard is "easily seen by parent(s)/guardian(s)" - a binder in a drawer does not satisfy it.
  • CURRENT LICENCE OR PERMIT - required twice over. Rule 660-5-27-.07(1)(e)1 (above) and, independently, r. 660-5-27-.03(7)(h): "The current license/permit shall be posted in a place in the home easily viewed by the parent(s)/guardian(s)." The statute makes refusal an independent ground for revocation - Ala. Code Sec. 38-7-8(8) lists "[r]efuse to display its license or permit" among the grounds on which "[t]he department may revoke or refuse to renew the license." The application form DHR-CDC-712's signed agreement includes clause H: "Display the license or permit."
  • MOST RECENT LICENSING EVALUATION FORM (r. .07(1)(e)2) - the Department's own evaluation document from its latest visit, not a summary you write.
  • MOST RECENT DEFICIENCY REPORT FORM (r. .07(1)(e)3). The document is defined at r. 660-5-27-.11(1): "If an inspection, evaluation, or investigation indicates non-compliance with the standards (deficiency), a deficiency report shall be prepared by the Department. ... In any visit to the home in which deficiencies are observed or noted, the licensing representative shall complete a deficiency report, and discuss the deficiencies observed or noted with the licensee or facility representative. A copy of the completed deficiency report shall be provided to the licensee or facility representative. No deficiency report shall be completed in conjunction with a prelicensing visit."
  • PUBLIC NOTICE FORM (r. .07(1)(e)4). This is Appendix K of the published Standards and its text is prescribed: "PUBLIC NOTICE. A copy of the Child Care Licensing and Performance Standards for Family/Group Day Care Homes and Nighttime Homes-Regulations, and Procedures may be obtained by contacting the Department of Human Resources. Address: Department of Human Resources, Child Care Services Division, 50 Ripley Street, Montgomery, AL 36130. Telephone number: 1-866-528-1694. Website: dhr.alabama.gov. Complaints regarding known or suspected violations of the Standards, may be reported to the Department of Human Resources at the address and telephone number above. Information regarding substantiated licensing complaints and violations of the Standards may be obtained from the Department of Human Resources at the address and telephone number above." Unlike the other appendices it carries no DHR-CDC form number.
  • EMERGENCY TELEPHONE NUMBERS - and the rule says WHERE. Rule .07(1)(e)5 requires posting "the name and telephone number for law enforcement, fire department, hospital, poison control and the Department of Human Resources," and r. 660-5-27-.04(5)(b) fixes the location: "The name and telephone number for law enforcement, fire department, hospital, poison control and the Department of Human Resources shall be posted by the telephone." Rule .04(2)(a)3 requires that there BE a telephone: "The licensee shall have a working telephone in the home."
  • EMERGENCY PREPAREDNESS AND RESPONSE PLAN(S) (r. .07(1)(e)6), with a separate and stricter posting instruction at r. 660-5-27-.04(5)(c): "A plan for the evacuation and care of the children in the event of a disaster shall be established and posted in a conspicuous place in the home." The same subsection requires the licensee to inform substitutes and assistant caregivers of their emergency duties and to keep "[a] written statement, signed by each substitute and assistant caregiver, verifying that he/she has been informed of the Emergency Preparedness and Response Plan ... on file in the home."
  • CORRECTIVE / ADVERSE ACTION NOTICES (r. .07(1)(e)7), reinforced by a location-specific rule in r. 660-5-27-.11: "Written notice of the corrective or adverse action shall be posted at each public entrance of the child care home." EACH PUBLIC ENTRANCE - a stricter and different placement than the general 'easily seen by parents' standard, and it applies to deficiency reports, corrective action plans, probationary status, restrictions or modifications of the licence, suspensions and revocations alike.
  • DAILY SCHEDULE (r. .07(1)(e)8), whose minimum content is fixed by r. .07(1)(g)7: "A daily schedule which includes a minimum of sixty (60) minutes of moderate to vigorous active play and physical activities indoors and outdoors." Rule 660-5-27-.06(4)(w) states the same duty in programme terms: "These experiences must include 60 minutes of moderate and vigorous physical activity daily for full day programs and 30 minutes for half day programs."
  • NOT A POSTING, BUT ADJACENT AND OFTEN CONFUSED WITH ONE: the parent right of access. Rule 660-5-27-.06(14): "Visits by parent(s)/guardian(s). Parent(s)/guardian(s) shall have the right to visit and observe their child in the home at any time during hours of operation. Parent(s)/guardian(s) shall be informed of this right." The obligation is to INFORM (r. .07(1)(g)5 puts it in the written policies), not necessarily to post.
  • ALSO NOT A POSTING: the exempt-facility sign. Ala. Code Sec. 38-7-3(c)(6) requires a licence-exempt church or religious-school facility to "[p]ost in plain view in a public area a statement that the program is not regulated or licensed by the Department of Human Resources." That obligation belongs to exempt facilities only. A LICENSED family or group day care home must not post it - it would be false - and, per Sec. 38-7-3(b)(2), a for-profit home or one receiving state or federal funds cannot be exempt in the first place.

Enrollment forms for each child

  • APPLICATION FOR A LICENSE TO OPERATE A DAY CARE/NIGHTTIME HOME - form DHR-CDC-712, Revised 05/21, Appendix A of the published Standards. Header: "STATE OF ALABAMA DEPARTMENT OF HUMAN RESOURCES / APPLICATION FOR A LICENSE TO OPERATE A DAY CARE/NIGHTTIME HOME," with tick-boxes for "First Application" / "Application for Renewal," for "I choose to participate in QRIS" / "I choose Not to participate in QRIS," and for "Family Day Care/Nighttime Home" / "Group Day Care/Nighttime Home." Required by r. 660-5-27-.03(1)(c) and r. .07(1)(a). Return address printed on the form: "Department of Human Resources / Child Care Services Division / Office of Child Care Licensing / 50 N. Ripley Street / Montgomery, AL 36160." The same form is used for renewal (r. .03(8)(a); r. .07(1)(b)), which must be filed at least 30 calendar days before expiry.
  • MEDICAL REPORT FOR PERSONS GIVING CARE TO CHILDREN - form DHR-CDC-737, Appendix B. Required initially for the applicant/licensee dated within six months and renewed at least every two years (r. 660-5-27-.05(1)(a)-(b)); for each household member initially and at least every four years (r. .05(1)(c)); and for substitutes, assistant caregivers and household domestic workers who contact the children or their food, initially and at least every two years (r. .05(1)(e)). Must document the date and result of a tuberculin skin test or chest x-ray and be signed by "a licensed practicing medical doctor, physician's assistant (as defined in Section 34-4-290(4), Code of Ala. 1975), or a certified nurse practitioner." The manual notes the form "may be used for household members younger than 19 years of age."
  • CHILD'S MEDICAL REPORT - Appendix C of the published Standards. The Standards' table of contents lists it at page 70 between the caregiver medical report and the staff application form. I did not capture a DHR-CDC number for this appendix from the text I read; ask the licensing office for the current number.
  • APPLICATION FORM FOR STAFF - form DHR-CDC-1947, Appendix D. Used for assistant caregivers and substitutes; its instruction block carries the Central Registry direction, printed there as "A completed REQUEST FOR CLEARANCE OF STATE CENTRAL REGISTRY ON CHILD ABUSE/NEGLECT (DHR-DFC-1598) shall be obtained for each caregiver, substitute, volunteer, domestic worker, and any other person who has contact with the children or unsupervised access to the children."
  • REFERENCE FORM - form DHR-CDC-1948, Appendix E. Three written references per caregiver, substitute, domestic worker, volunteer or other person with contact or unsupervised access, kept on file in the home (r. 660-5-27-.05(2)(c)1(ii)).
  • VERIFICATION THAT STAFF PERSONS/CAREGIVERS HAVE READ THE STANDARDS - Appendix F. Prescribed text: "I have read the Standards for Family/Group Day Care and Nighttime Homes. I understand that I must comply with these regulations while I am employed by ______ (Name of licensee). Failure to do so could result in immediate termination of employment," signed by the staff person and by the licensee. Required by r. .05(5)(d)11 for substitutes and r. .09(10) for all caregivers in a group home. No DHR-CDC number appears on this appendix in the text I read.
  • CHILD'S PREADMISSION RECORD - form DHR-CDC-739, Appendix G. Rule 660-5-27-.07(3)(h)1 fixes its contents: "child's name; birthdate; home address; name, address, and telephone number of child's parent(s)/guardian(s); name, address, and telephone number of mother's and father's employer; emergency contact information; name, address, and telephone number of child's doctor; signed authorization for emergency medical treatment; special needs or instructions; list of persons child may be released to; signed statement that parent(s)/guardian(s) understands that the Department does not inspect activities away from the facility; permission signed by the child's parent(s)/guardian(s) for the child to participate in activities away from the facility, transportation provided by the facility, and swimming/wading provided by the facility; child's first day of attendance; child's withdrawal date; the child meets the definition of homelessness, according to the McKinney-Vento Homeless Assistance Act." It must be on file "on the child's first day of attendance" and kept "for at least two (2) years after the child leaves care" (r. .07(3)(h), (i)).
  • AUTHORIZATION FOR ADMINISTERING MEDICATION - form DHR-CDC-1949, Appendix H. Rule 660-5-27-.06(3)(d)1: no medication or medical procedure, prescription or over-the-counter, without a health professional's order AND a written signed parental authorisation; "Blanket authorization forms are prohibited"; the form must state times, dates, dosage, storage and specific directions - the rule expressly includes topical items "(such as but no limited to sunscreen, bug spray, hand sanitizer)" - and "[a]n authorization form shall be valid for no more than seven (7) days, unless accompanied by a written physician's statement."
  • INJURY/ILLNESS REPORT FORM - form DHR-CDC-1950, Appendix I. Supports the 24-hour verbal / 5-day written reporting duty in r. 660-5-27-.07(2)(c)1-2 for "any injury/illness requiring professional medical treatment of any child" and "any injury/illness requiring emergency medical treatment."
  • SIGN IN/SIGN OUT FORM - form DHR-CDC-1951, Appendix J. Rule 660-5-27-.06(12)(a) requires a signature, not initials, at each arrival and departure with the time, and permits one alternative: "An exception to the written signature will allow the use of the Biometric ID for parent(s)/guardian(s). The Biometric ID system will measure some unique aspect of the individual such as but not limited to fingerprint and/or eyes-iris recognition." Rule .06(12)(b) shifts the signing duty to the licensee for children who walk from school or arrive by school bus. Retention: "the current year plus two additional years" (r. .07(3)(m)).
  • PUBLIC NOTICE FORM - Appendix K, no DHR-CDC number. Must be posted where parents can easily see it (r. .07(1)(e)4); prescribed text reproduced under required_postings.
  • TRANSPORTATION CHECKLISTS - forms DHR-CDC-1952, DHR-CDC-1953 and DHR-CDC-1954, Appendix L. The manual distinguishes their uses: 1952 "is to be used when children are transported, including walking or transportation by vehicle," 1953 "when children are transported from the child care facility to school or from school to the child care facility," and 1954 "when children are transported from their home to the child care facility and from the child care facility to their home." Rule 660-5-27-.04(4)(c): "A transportation checklist shall be used any time children are transported, walking or by vehicle, to account for each child at every location." Retention: current year plus two (r. .07(3)(m)).
  • VEHICLE INSPECTION SHEET - form DHR-CDC-1955, Appendix M, required by the safety-check provision at r. 660-5-27-.04(4) covering items including the ventilation and heating system and passenger restraint systems.
  • REQUEST FOR CLEARANCE OF STATE CENTRAL REGISTRY ON CHILD ABUSE/NEGLECT - DHR-FCS-1598 (printed as DHR-DFC-1598 in the Standards manual's staff-application instructions). No fee. Required at initial application from the applicant and each ADULT household member (19+ under r. .02(1) and Ala. Code Sec. 38-13-2(1)), and obtained by the licensee for each assistant caregiver, substitute, volunteer, domestic worker and other person with contact or unsupervised access. Updated every five years. Mail to "State of Alabama DHR; Office of Child Protective Services; CA/N Central Registry; 50 N. Ripley Street; Montgomery, Alabama 36130."
  • REQUEST FOR SUPPLEMENTAL CLEARANCE (INTERSTATE CHILD ABUSE/NEGLECT REGISTRY) - DHR-FCS-1598-B. No fee. Required in addition to the 1598 "if an individual has lived in another state within the past five (5) years" (r. 660-5-27-.05(2)(c)2(iv)).
  • FINGERPRINT CRIMINAL HISTORY BACKGROUND CHECK - scheduled through Fieldprint at fieldprintalabama.com, stated fee $47.20 per application, delivering the six components enumerated at r. 660-5-27-.05(2)(c)3(i). Ala. Code Sec. 38-13-3(c) requires "two sets of fingerprints" and a signed written consent; Sec. 38-13-2(35) prescribes what the written consent must contain, including the applicant's identifying data "appearing on a valid identification document as defined in subsection (d) of 18 U.S.C. Sec. 1028," notice of the right to obtain and challenge the report, the requesting entity's contact details, and release of the report to DHR.
  • SUITABILITY DETERMINATION LETTER - issued by DHR's Criminal History Check Unit. Not a form you file but a document you must hold: r. 660-5-27-.07(3)(e)3(i) requires that for each assistant caregiver and substitute "[a] Suitability Determination letter from the Department must be issued within the last five (5) years and updated every five (5) years thereafter."
  • PHOTO IDENTIFICATION - r. 660-5-27-.07(3)(e)3(ii): "Identification verification of name, date of birth, race and sex in the form of a photo identification from any governmental agency, such as a driver's license, non-driver's identification, or program participation card," kept in each assistant caregiver's and substitute's file; also item 12 of the substitute file list at r. .05(5)(d).
  • STATE OF ALABAMA CERTIFICATE OF IMMUNIZATION - or a valid Alabama Certificate of Medical Exemption or Certificate of Religious Exemption. Two separate requirements: for each child aged two months to five years LIVING IN THE HOME, submitted to the Department with a copy kept in the home (r. 660-5-27-.05(1)(d)); and for each child IN CARE aged two months up to five years, and five-year-olds not enrolled in kindergarten, on file in the home on the first day of attendance and kept current, unless a medical or religious exemption certificate is on file or "[t]he child meets the definition of homelessness, according to the McKinney-Vento Homeless Assistance Act" (r. .06(3)(a)).
  • WRITTEN OWNER PERMISSION (rental property) - r. 660-5-27-.04(1)(c); and WRITTEN ZONING COMPLIANCE STATEMENT, or a written statement that the applicant checked with the local governing authority and no zoning laws apply - r. .04(1)(d).
  • FIRE INSPECTION REPORT WITH NO VIOLATIONS CITED - from the fire department with jurisdiction or the State Fire Marshal; "Volunteer fire department approvals and/or inspections will not be accepted" (r. 660-5-27-.04(1)(e)). Updated at least every five years (r. .04(1)(g)).
  • VERIFICATION OF EDUCATION AND OF TRAINING - a copy of the high school diploma or GED attached to DHR-CDC-712 for a first application (r. .05(3)(a); form instruction), and written documentation of the 24 pre-service clock hours submitted to the Department (r. .05(3)(e)), with annual training documentation kept in the home (r. .05(3)(g); r. .07(3)(d)3).
  • CURRENT INFANT-CHILD (PEDIATRIC) CPR CERTIFICATE AND CURRENT FIRST AID CERTIFICATE - submitted to the Department before initial licensing and re-submitted on expiry (r. 660-5-27-.05(3)(c)-(d)); held in the file for each substitute and assistant caregiver (r. .05(5)(d)8; r. .07(3)(e)9(i)).
  • CURRENT AMERICAN RED CROSS LIFEGUARD TRAINING CERTIFICATE - only "if the home has a pool and the children in care are allowed in the pool area," kept on file in the home for the licensee and for each caregiver (r. 660-5-27-.07(3)(d)2 and (3)(e)9(ii)); the certificate holder must be in the pool area at all times the pool is in use (r. .04(3)(c)1(ii)).
  • CURRENT CERTIFICATE OF RABIES VACCINATION - for any animal required by law to be vaccinated, kept on file in the home (r. 660-5-27-.04(2)(a)5(vi); r. .07(3)(g)).

What's specific about getting licensed in Alabama

Alabama's quietest trap is arithmetic: your own children count against you. A provider's children who live in the home and are younger than lawful school age (age 5 on or before September 1) are counted in the licensed total whenever they are on the premises — and they also count against the hard infant cap (no more than 3 under-12-month-olds in a family home). A provider with two toddlers of her own can therefore legally enroll only four more children, not six. Second, the 7-child threshold is not a bigger version of the same license — crossing from 6 to 7 forces a completely separate Group Day Care Home license that requires an assistant caregiver (plus substitutes) and two adults present whenever 7+ children are in care. Third, the training is entirely front-loaded: the 24 clock hours, the 11 CCDF health-and-safety topics, and current Infant-Child CPR + First Aid must all be finished BEFORE a person can be counted in ratio, so you cannot 'open now, train later.' All numbers here are verified verbatim against the operative Standards (AAC 660-5-27).

Common mistakes when getting licensed in Alabama

Your own preschoolers eat your capacity (and your infant slots)

The rule counts under-school-age children who live in the home toward the 6-child (family) or 12-child (group) maximum, and toward the infant cap (no more than 3 infants in a family home, 6 in a group home), whenever they are on the premises. Children of lawful school age and older who live in the home are not counted. Plan enrollment around your own young children, or you will be over capacity the moment they are home.

Going from 6 to 7 children is a different license, not an add-on

A Family Day Care Home tops out at 6. The 7th child triggers a separate Group Day Care Home license requiring the licensee plus an assistant caregiver (and substitutes on file), with two adults present and supervising whenever 7 or more children are in care, and at least one caregiver per three infants. You cannot simply amend a family license to take one more child.

All preservice training must be done before you count in ratio

The 24 clock hours (4 hrs in each of the 6 core areas), the 1 hour in each of the 11 health-and-safety topics, and current Infant-Child (Pediatric) CPR + First Aid must all be complete before licensure — and CPR/First Aid hours do NOT count toward the 24. Until preservice training is finished, that person cannot be counted toward required supervision.

The license is glued to the dwelling — move and it's void

The Standards state the license/permit is non-transferable to another person or location and is void if the licensee moves to another dwelling; increases in capacity or changes to the age range require Department approval rather than a self-declared change. Confirm zoning (and, for rentals, get the owner's written permission) up front.

How long it takes and what it costs in Alabama

Timeline: Realistically about 2–4 months. The pacing items are preservice training (24 hours + 11 CCDF topics + Infant-Child CPR/First Aid) and background-check turnaround (FBI fingerprint results and the child-abuse/neglect registry clearance can take several weeks), followed by the fire inspection and the DHR pre-licensing home visit. DHR may issue one initial six-month permit while final items are completed; the full license is valid 2 years.

Cost: Fingerprint criminal-history check via Fieldprint Alabama: $47.20 per adult (applicant + each adult household member) — confirmed on DHR's background-check page. Child-abuse/neglect registry clearance (DHR-FCS-1598 / 1598-B): no fee. The Standards do not specify a separate state license application fee — confirm the current application fee (if any) with the Office of Child Care Licensing (1-866-528-1694). Out-of-pocket variables: CPR/First Aid certification course (typically ~$50–$100), the medical exam + TB test per household member, and child-care training hours (many available free through Alabama Pathways/CCDF) — costs vary, confirm locally.

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Alabama home daycare licensing — FAQ

How many children can I care for in a Alabama home daycare?

FAMILY DAY CARE HOME: SIX CHILDREN, OF WHOM AT MOST THREE MAY BE UNDER TWELVE MONTHS. The six comes from the definition itself, r. 660-5-27-.02(9) and Ala. Code Sec. 38-7-2(5) ("not more than six (6) children for care during the day"). The infant sub-cap comes from the licensing rule and applies to EVERY home, not just the small tier - r. 660-5-27-.03(7)(e): "No home shall be licensed for more than three (3) children younger than twelve (12) months of age. Exceptions may be granted by the Department to allow for multiple-birth sibling groups (such as triplets) to be received for care." Note two things about that sentence. First, it is a limit on what the Department may LICENSE, not merely on who may be present - the number is baked into the licence document. Second, the only stated exception is a multiple-birth sibling group, and it is discretionary ("Exceptions may be granted"), not an entitlement. GROUP DAY CARE HOME: TWELVE CHILDREN, OF WHOM AT MOST SIX MAY BE UNDER TWELVE MONTHS. Twelve comes from r. 660-5-27-.02(15) and Sec. 38-7-2(9) ("at least seven but no more than twelve children").

The infant figure is r. 660-5-27-.09(4), which displaces the general three-infant cap for this tier: "No group day care home shall be licensed for more than six (6) children younger than twelve (12) months of age. There shall be at least one caregiver present and supervising each three (3) children younger than twelve (12) months of age." THE HARD CAP IS ON BODIES ON THE PREMISES, NOT ON ENROLMENT. Rule 660-5-27-.03(7)(c) is the operative sentence and it is broader than a headcount of paying clients: "The number of children in the home or in the care of the licensee, including children on the premises or on field trips, at any given time, shall not exceed the number specified on the license/permit." "In the home OR in the care of the licensee" plus "on the premises OR on field trips" means the ceiling follows the children off-site and follows the licensee back home. HOW THE PROVIDER'S OWN CHILDREN COUNT - THE THREE COUNTING RULES, VERBATIM. Rule 660-5-27-.03(7)(c) continues: "Children shall be counted as follows: 1. Children younger than lawful school age (see definition, Rule 660-5-27-.02), who live in the home shall be counted when they are in the home or on the premises. 2. Children of lawful school age and older, who live in the home, shall not be counted. 3. Children younger than twelve (12) years of age, who are visiting in the home during the hours of child care, who are not accompanied and supervised by an adult, whether related to the licensee or not, shall be counted when they are in the home or on the premises."

Unpack rule 1 and rule 2 together, because their interaction is the single most practically consequential line in Alabama home licensing. Your own pre-kindergarten children COUNT against your six (or twelve) whenever they are in the home or on the premises - so a licensee with a three-year-old and a one-year-old of her own is licensed for six but can enrol four. The moment a resident child reaches "lawful school age" as defined in r. .02(16) - five years old on or before September 1, or on or before the enrolling district's school start date under Ala. Code Sec. 16-28-4 - that child stops counting ENTIRELY, and keeps not counting through age 18, even at 3 p.m. when the school bus drops him back into the middle of the licensed group. The rule does not say 'not counted while at school'; it says "shall not be counted," full stop. That is unusually generous by national standards and it is the reason Alabama licensees time their capacity planning to the kindergarten cut-off. Rule 3 is the trap in the other direction. A neighbour's ten-year-old who wanders in after school and is not accompanied and supervised by an adult COUNTS - "whether related to the licensee or not."

Your own nephew counts if he is under twelve, unaccompanied and on the premises during care hours, even though he is "related" for licence-trigger purposes under r. .02(20). Relatedness controls whether you need a licence; it does not control the capacity count. The only escape in rule 3 is the presence of an accompanying, supervising adult. AGE RANGE IS PART OF THE LICENCE, TOO. Rule 660-5-27-.03(7)(d): "The age range of the children received for care shall conform to the specifications on the license/permit." A home licensed for 2-through-5 may not take an infant simply because it is under its numeric cap. Changing either number is a Department decision, not a provider decision, and r. 660-5-27-.11(2)(c) suspends the possibility entirely while you are under corrective action: "Requests for changes to the provisions of the license such as increases in licensed capacity or changes in the ages of the children received for care shall not be granted during the corrective action period," repeated for probation at r. .11(3)1.(iii). THE DEPARTMENT CAN CUT YOUR NUMBER MID-LICENCE. Rule 660-5-27-.03(7)(g)3 gives DHR "[t]he right to reduce the number of children specified on the license/permit due to restricted use of required space or bathroom facilities or lack of qualified caregivers," and r. .11(3)(c) repeats it as an adverse action: "The right to reduce the licensed capacity of the home or to amend the ages of children to be served, due to restricted use of required space or bathroom facilities or lack of qualified caregivers." A broken bathroom is a capacity event.

SPACE IS A SECOND, INDEPENDENT CEILING. Rule 660-5-27-.04(2)(c)1: "There shall be at least thirty-two (32) square feet of usable indoor floor space for each child the home is licensed or permitted to serve." Six children therefore require at least 192 usable square feet of indoor child-care space; twelve require 384. Outdoors, r. .04(3)(a)3: "There shall be at least one outdoor play area of at least 300 square feet on the grounds. The outdoor play area shall be enclosed by a fence or wall at least four (4) feet in height, free from sharp, protruding edges, except where prohibited by federal regulations. Written documentation shall be submitted to the Department." For the group tier the outdoor figure doubles - r. .09(11): "An outdoor play area of at least 600 square feet shall be provided on the grounds. The outdoor play area shall be enclosed by a fence or wall at least four (4) feet in height." EQUIPMENT IS A THIRD CEILING, AND IT IS PER AGE GROUP. Rule 660-5-27-.04(2)(d)2 requires "at least two (2) items from each category for each age group for which the home is licensed or permitted, as listed in Rule 660-5-27-.13, the Equipment List"; r. .04(3)(a)4 requires "at least two (2) different items of active/outside play equipment listed in Rule 660-5-27-.13 ... for each age group specified on the license/permit"; and the group tier doubles that too - r. .09(12): "The licensee shall provide at least four (4) items from each category of play equipment for each age group listed in Rule 660-5-27-.13, Equipment List."

Half of the required equipment is exactly what a six-month permit exists to let you finish buying (r. .03(6)(b)). SLEEPING FURNITURE IS A FOURTH, HEAD-BY-HEAD CEILING. Rule 660-5-27-.04(2)(d)1: "The licensee shall provide a crib, playpen, bed, or cot for each child who requires rest or sleep during the hours while in care," with "(i) No child shall sleep with an adult. (ii) Each child younger than twelve (12) months of age shall sleep alone in a crib or play pen... (xi) Each child between 12 and 18 months of age shall sleep alone in a crib or play pen or on a low cot. (xii) Children over 18 months and older must sleep on a cot or bed. Two children of the same sex may share a double or larger size bed... (xvii) Upper or top bunk beds shall not be used by a child at any time. (xviii) No child shall sleep or nap on the floor." Three infants therefore mean three compliant cribs, and the crib itself must satisfy "the U.S. Consumer Product Safety Act of 2008," with a Certificate of Compliance on file for any crib manufactured before June 28, 2011 and a date-of-manufacture label on any crib made after it (r. .04(2)(d)1(iii)).

What are the adult-to-child ratios for a home daycare in Alabama?

THE HONEST HEADLINE: ALABAMA PUBLISHES NO AGE-BANDED ADULT-TO-CHILD RATIO TABLE FOR THE SMALL HOME TIER. I read all fifteen rules of ch. 660-5-27 in full - .01 through .14, including the repealed .14 - and there is no table of the kind Nebraska, Minnesota or Delaware print. For a family day care home the arithmetic is done entirely by the capacity caps: one adult (the licensee) may serve up to six children, of whom at most three may be younger than twelve months (r. 660-5-27-.02(9); r. .03(7)(e)). That is the ratio. Saying Alabama sets 1:6 with an infant sub-cap of 3 is accurate; saying Alabama sets, e.g., 1:5 for toddlers would be an invention. The obligation that fills the gap is qualitative and absolute - r. 660-5-27-.06(1): "Supervision of the Children. The children shall be supervised at all times. The licensee shall be responsible for the care and supervision of the children at all times. Doors should not be closed in any area where children are sleeping." - measured against the definition in r. 660-5-27-.02(22): "SUPERVISION. Responsibility for each child and accountability for his/her care by giving direct and full attention to the children at all times." "Direct and full attention" is the standard an Alabama licensing representative applies where a numeric ratio would be applied elsewhere.

GROUP DAY CARE HOME - THREE NUMERIC RULES, ALL IN r. 660-5-27-.09. (1) A STAFFING ROSTER, not just a ratio. Rule .09(2): "A group day care home shall have at least the following caregivers: the licensee, the assistant caregiver, and at least two (2) substitutes." Four named adults must exist on paper before the licence issues - and note the small tier needs only one substitute (r. .05(5): "The licensee shall have at least one (1) substitute"). (2) TWO ADULTS WHENEVER SEVEN OR MORE CHILDREN ARE PRESENT, and the rule says WHICH two. Rule .09(3): "Whenever seven (7) or more children are present, at least two (2) adult caregivers shall be present and supervising the children. This shall include the licensee and the assistant caregiver. If a substitute is used, either the licensee or the assistant caregiver shall be present and supervising the children." So two warm bodies is not enough: two substitutes covering a group home is a violation, because at least one of the licensee or the assistant caregiver must be in the room. The threshold is SEVEN PRESENT, not seven enrolled - drop to six children at 5 p.m. and the second adult is no longer compelled by .09(3). (3) AN INFANT RATIO OF 1:3, WITH A CEILING OF SIX.

Rule .09(4): "No group day care home shall be licensed for more than six (6) children younger than twelve (12) months of age. There shall be at least one caregiver present and supervising each three (3) children younger than twelve (12) months of age." Six infants therefore compel two caregivers on the infants alone - which, in a home capped at twelve children and staffed by a licensee plus one assistant caregiver, means six infants consume the entire adult roster. This is the only genuine age-banded ratio anywhere in the home chapter. THE SWIMMING AND WADING RATIOS - the sharpest numbers in the chapter, and they are stricter than the care ratios by a wide margin. They sit in r. 660-5-27-.04(3)(c), under a heading that first disclaims Department oversight of the activity: "Note: The Department of Human Resources does not inspect activities away from the home, including swimming and wading activities. The licensee shall assume full authority and responsibility for away from the home activities." Then r. .04(3)(c)1: "When a swimming pool (above ground or in-ground), two (2) feet or more in depth is accessible to the area used for child care, the pool shall be enclosed by a fence or a solid wall which has no doors or windows.

The sides of an above ground pool shall not be considered a fence or wall. The fence or wall shall be at least four (4) feet in height, with a locking gate. The gate and all areas of access shall remain locked at all times the pool is not in use." Then the ratios, at r. .04(3)(c)1(i): "If children are allowed in the pool area, additional supervision shall be required. Caregivers shall be within arm's length providing 'touch supervision.' The adult to child ratio shall be: (I) one adult caregiver for each child younger than 2 1/2 years; (II) one adult caregiver for every three (3) children, 2 1/2 years up to 6 years of age; (III) one adult caregiver to every five (5) children, 6 years of age and older." One-to-one for the under-two-and-a-halfs, within arm's length. Add r. .04(3)(c)1(ii): "A person with a current American Red Cross Lifeguard Training Certificate shall be in the pool area at all times when the pool is in use. A copy of the current American Red Cross Lifeguard Training Certificate shall be on file in the home." The certificate is brand-specific on the face of the rule - American Red Cross Lifeguard Training - and r. 660-5-27-.07(3)(d)2 and (3)(e)9(ii) require the certificate in the licensee's and each caregiver's file "if the home has a pool and the children in care are allowed in the pool area."

For shallow water, r. .04(3)(c)2: "When a wading structure less than two (2) feet in depth is available to the children, there shall be continuous supervision by an adult caregiver. The wading pool shall be filled with clean water prior to each day's usage. The wading pool shall be emptied when not in use." And r. .04(3)(c)3-4: "The licensee shall be present during any swimming/wading activities" and written parental permission for each child must be on file. WHO MAY BE COUNTED IN A RATIO AT ALL - TWO DISQUALIFICATIONS THAT CATCH NEW HOMES. Rule 660-5-27-.05(2)5: "Pending completion of all required background check components, applicants/licensees, substitutes and assistant caregiver cannot be counted in the staff/child ratio." Rule 660-5-27-.05(3)(k)1, closing sentence: "Pending completion of all required preservice training, applicants/licensees, substitutes, and assistant caregivers cannot be counted in the staff/child ratio." The same disqualification is repeated verbatim for substitutes at r. .05(5)(e) and for assistant caregivers at r. .09(8)(a). So a group home whose newly hired assistant caregiver is waiting on her fingerprint result has, in law, one adult - and therefore may not have seven children present. A DRAFTING WRINKLE WORTH KNOWING.

Alabama defines two staff words that are not synonyms. Rule 660-5-27-.02(4): "CAREGIVER. A person providing care and guidance of the children in the home." Rule 660-5-27-.02(2): "ASSISTANT CAREGIVER. A person providing care and guidance of the children in a group day care/nighttime home, under the supervision of the licensee." The assistant caregiver is a GROUP-tier role by definition; the small tier has a licensee and a substitute, and no assistant caregiver post exists in it. NIGHT RATIOS. Rule 660-5-27-.10(1) carries the two-adult rule across into group nighttime homes - "Anytime seven (7) or more children are present, at least two (2) adult caregivers shall be present and supervising the children" - and r. .10(2) reiterates "The number and age of children in nighttime care shall not exceed the number and age range of children for which the nighttime home is licensed." The night rules add sleeping arrangements rather than staffing: r. .10(3)(a) "Each child younger than 18 months of age who receives his/her regular night's sleep in a nighttime home shall sleep alone in a crib"; r. .10(3)(c) "Each child who is 18 months of age or older, who receives his/her regular night's sleep in a nighttime home shall sleep in a bed."

What training do I need to run a home daycare in Alabama?

Before you can be licensed: Alabama's pre-service package for a home licensee has five separate components, and three of them are hour-counted. Every figure below is from Ala. Admin. Code r. 660-5-27-.05, whose History line ends "Amended: Published July 30, 2021; effective September 13, 2021." (1) EDUCATION. Rule 660-5-27-.05(3)(a): "Applicants for an initial license shall have a high school diploma or G. E. D. (general education diploma). Homes licensed before January 22, 2001 are exempt from this requirement as long as the license remains current." That grandfather clause is date-specific and conditional - it dies the moment the licence lapses. The same grandfathering is given to substitutes at r. .05(5)(b): "Substitutes shall have a high school diploma or a general education diploma (G.E.D.). Substitutes designated before January 22, 2001 are exempt from this requirement." The application form DHR-CDC-712 turns it into a filing instruction: "If this is your first application: Attach a copy of your high school diploma or General Education Diploma (G. E. D.)." (2) AGE. Rule 660-5-27-.05(3)(b): "The licensee shall be at least 18 years of age." (3) CPR AND FIRST AID, BEFORE THE LICENCE.

Rule 660-5-27-.05(3)(c): "Prior to initial licensing, the applicant/licensee shall submit to the Department a current Infant-Child (Pediatric) Cardiopulmonary Resuscitation Certification (CPR) and a current First Aid Certificate." Note the specificity: Infant-Child (Pediatric) CPR, not adult CPR, and a separate First Aid certificate. Rule .05(3)(d) makes the renewal duty continuous: "The licensee shall submit an updated Infant-Child (Pediatric) Cardiopulmonary Resuscitation Certification (CPR) and an updated First Aid Certificate to the Department when these certificates expire." (4) TWENTY-FOUR CLOCK HOURS OF CHILD CARE TRAINING, FOUR IN EACH OF SIX CORE AREAS. Rule 660-5-27-.05(3)(e): "Prior to initial licensing, the applicant/licensee shall have at least twenty-four (24) clock hours of training in child care and development through participation in workshops, meetings, recorded/printed materials, or one to one consultation. Written documentation shall be submitted to the Department. Child care training shall include at least four (4) hours in each of these areas: 1 child development; 2. health, safety and universal precautions; 3. quality child care and licensing; 4. the child care professional and the family; 5. language development; 6. positive discipline and guidance."

Six areas at four hours each is exactly 24, so the distribution requirement consumes the whole allowance - there is no discretionary remainder. The permitted delivery modes are unusually broad and are listed in the rule itself: workshops, meetings, recorded or printed materials, or one-to-one consultation. "Health, safety and universal precautions" points back to r. 660-5-27-.02(23): "UNIVERSAL PRECAUTIONS. Safety procedures established to reduce the spread of infectious disease through blood and bodily fluids." (5) ELEVEN HEALTH-AND-SAFETY TOPICS, ONE HOUR EACH, FROM AN OUTSIDE SOURCE. Rule 660-5-27-.05(3)(k)1: "The applicant/licensee shall have at least one(1) hour of preservice training from an outside source in each of the following eleven (11) required topic areas: (i) Prevention and control of infectious diseases (including immunization); (ii) If applicable, sudden infant death syndrome (SIDS) prevention and use of safe sleeping practices; (iii) Medication administration; (iv) Prevention of and response to emergencies due to food and allergic reactions; (v) Building and physical premises safety; (vi) If applicable, prevention of shaken baby syndrome and abusive head trauma; (vii) Emergency preparedness and response planning; (viii) Handling and storage of hazardous materials/correct disposal of biocontaminants; (ix) Recognition and reporting of child abuse and neglect; (x) First aid and CPR; (Xi) If applicable, appropriate precautions in transporting children.

Pending completion of all required preservice training, applicants/licensees, substitutes, and assistant caregivers cannot be counted in the staff/child ratio." Two features deserve emphasis. FROM AN OUTSIDE SOURCE - self-study will not do for these eleven, unlike the 24 core hours, which the rule expressly allows you to acquire from "recorded/printed materials." And IF APPLICABLE - topics (ii), (vi) and (xi) are conditional on the home's actual programme (infants; transporting children), which is why a home licensed for school-agers only and not transporting can, on the face of the rule, complete eight rather than eleven. "Bio contaminants" is defined at r. 660-5-27-.02(3): "A living organism or product that can harm animals or humans if inhaled, swallowed, or otherwise absorbed into the body." CPR AND FIRST AID HOURS DO NOT COUNT TOWARD THE CLOCK HOURS. The rule says so three separate times, once after r. .05(3)(f), once after r. .05(3)(g) and once after r. .05(3)(i): "Training in CPR and First Aid shall not be counted toward required training hours." So the Infant-Child CPR class you take to satisfy r. .05(3)(c), and topic (x) of the eleven, do not reduce the 24. TWO ADMINISTRATIVE OBLIGATIONS WITH EXPIRED DEADLINES ON THEIR FACE.

Rule 660-5-27-.05(3)(h): "By August 1, 2022, the licensee must complete an orientation training on the assessment tools utilized by the Department's Quality Rating Improvement System (QRIS)." Rule .05(3)(j): "By August 1, 2022, all home staff including licensee, substitutes, and assistant caregivers must enroll in the Alabama Pathway's Professional Development Registry." Both are drafted as one-off transition deadlines that lapsed four years ago and were never re-drafted as continuing obligations for new entrants. On the literal text a 2026 applicant is not commanded to do either, because the command was to act "by August 1, 2022." In practice DHR administers both as standing requirements. That gap between text and practice is flagged in verify_flag rather than published as a rule. SUBSTITUTES - SIX HOURS, ONE IN EACH OF THE SIX AREAS, PLUS THE ELEVEN TOPICS. Rule 660-5-27-.05(5)(a)-(b) sets age 18 and the diploma; r. .05(3)(f): "All substitutes shall have at least six (6) clock hours of training in child care and development through participation in workshops, meetings, videotapes, or one-to-one consultation, unless written documentation of prior equivalent training is on file.

Training in child care shall include at least one (1) hour in each of these areas: 1 child development; 2. health, safety and universal precautions; 3. quality child care and licensing; 4. the child care professional and the family; 5. language development; 6. positive discipline and guidance." And r. .05(5)(e) imposes on substitutes the identical eleven one-hour outside-source topics required of the licensee, with the same ratio disqualification pending completion. Rule .05(5)(d) lists the twelve items that must be in the substitute's file in the home, including "5. required medical form, including TB test or chest x-ray; ... 8. documentation of a current Infant-Child (Pediatric) Cardiopulmonary Resuscitation Certification (CPR) and a current First Aid Certificate; ... 10. written verification that he/she has been informed of emergency procedures; 11. written verification that he/she has read the Standards. 12. Photo identification." And r. .05(5) contains a prohibition people miss: "Another licensed child care provider shall not be a substitute. Substitutes shall care for the children in the licensee's home."

GROUP-HOME ASSISTANT CAREGIVER - TWELVE HOURS WITHIN THIRTY DAYS, NOT BEFORE HIRE. Rule 660-5-27-.09(5): "The assistant caregiver hired after January 22, 2001 shall meet the same educational, medical, age, and character and suitability requirements and qualifications as the licensee with the exception of living in the home." Rule .09(6): "The assistant caregiver shall have at least twelve (12) clock hours of training in child care within the first 30 days of employment. Child care training shall include clock hours in each of these areas: (a) child development; (b) health, safety and universal precautions; (c) quality child care and licensing; (d) the child care professional and the family; (e) language development; (f) positive discipline and guidance." Note the drafting difference from the licensee's rule: it says "clock hours in each of these areas" without specifying how many per area, so the twelve are distributable. And r. .09(8)(a) adds the same eleven one-hour outside-source topics as pre-service, with the ratio disqualification attached. EVERY CAREGIVER MUST HAVE READ THE STANDARDS.

Rule 660-5-27-.09(10): "All caregivers shall read and be familiar with the standards and written verification of this shall be on file in the home," mirrored for the licensee at r. .07(1)(c) and evidenced on Appendix F of the Standards, the form headed "I have read the Standards for Family/Group Day Care and Nighttime Homes. I understand that I must comply with these regulations while I am employed by ______ (Name of licensee). Failure to do so could result in immediate termination of employment," signed by both the staff person and the licensee. Ongoing training: LICENSEE: TWENTY CLOCK HOURS A YEAR ACROSS SIX AREAS, PLUS ELEVEN ONE-HOUR OUTSIDE-SOURCE TOPICS. Ala. Admin. Code r. 660-5-27-.05(3)(g): "Thereafter, the licensee shall have at least twenty (20) clock hours of training related to child care each year. Documentation of training shall be on file in the home. Child care training shall include the following areas: 1 child development; 2. health, safety and universal precautions; 3. quality child care and licensing; 4. the child care professional and the family; 5. language development; 6. positive discipline and guidance." followed immediately by "Training in CPR and First Aid shall not be counted toward required training hours."

Compare the pre-service subsection: the initial 24 hours had to include "at least four (4) hours in EACH" area; the annual 20 must merely "include the following areas," with no per-area minimum. The distribution requirement is qualitative after year one, and the annual figure is LOWER than the pre-service figure (20 < 24). On top of the 20, r. 660-5-27-.05(3)(k)2: "Thereafter, the Licensee shall have at least one (1) hour of annual training from an outside source in each of the following eleven(11) required topic areas: (i) Prevention and control of infectious diseases (including immunization); (ii) If applicable, sudden infant death syndrome (SIDS) prevention and use of safe sleeping practices; (iii) Medication administration ; (iv) Prevention of and response to emergencies due to food and allergic reactions; (v) Building and physical premises safety; (vi) If applicable, prevention of shaken baby syndrome and abusive head trauma; (vii) Emergency preparedness and response planning; (viii) Handling and storage of hazardous materials/correct disposal of biocontaminants; (ix) Recognition and reporting of child abuse and neglect; (x) First aid and CPR; (xi) If applicable, appropriate precautions in transporting children."

The eleven recur EVERY year, not once - the word is "annual training." Whether those eleven hours may double-count inside the 20 is not addressed by the rule; the text neither authorises nor forbids it. What the text does forbid, explicitly, is counting CPR and First Aid hours toward the 20 - which sits oddly beside topic (x) being "First aid and CPR." This is a genuine internal tension in the rule, not a reading error; it is flagged in verify_flag. SUBSTITUTE: SIX CLOCK HOURS A YEAR, PLUS THE SAME ELEVEN TOPICS. Rule 660-5-27-.05(3)(i): "Thereafter, all substitutes shall have at least six hours of training related to child care each year. Documentation of training shall be on file in the home. Child care training shall include the following areas 1 child development; 2. health, safety and universal precautions; 3. quality child care and licensing; 4. the child care professional and the family; 5. language development; 6. positive discipline and guidance." plus the closing "Training in CPR and First Aid shall not be counted toward required training hours." Rule 660-5-27-.05(5)(f) adds: "Thereafter, the substitute shall have at least one (1) hour of annual training from an outside source in each of the following eleven (11) required topic areas ..." - the identical list.

GROUP-HOME ASSISTANT CAREGIVER: TWELVE CLOCK HOURS A YEAR, PLUS THE SAME ELEVEN TOPICS. Rule 660-5-27-.09(7): "The assistant caregiver shall have at least twelve (12) clock hours of child care training each year thereafter. Child care training shall include clock hours in each of these areas: (a) child development; (b) health, safety and universal precautions; (c) quality child care and licensing; (d) the child care professional and the family; (e) language development; (f) positive discipline and guidance." Rule .09(8)(b): "Thereafter, the Assistant Caregiver shall have at least one (1) hour of annual training from an outside source in each of the following eleven (11) required topic areas ...". Note that the assistant caregiver's annual figure (12) equals her initial figure (12 within 30 days of hire), whereas the licensee's annual figure (20) is four hours BELOW her initial figure (24) and the substitute's is level at 6. WHERE THE DOCUMENTATION LIVES. The pre-service 24 hours must be "submitted to the Department" (r. .05(3)(e)); the annual 20 must be "documentation of training ... on file in the home" (r. .05(3)(g)).

Rule 660-5-27-.07(3)(d) lists what the licensee keeps: "Written verification of training for the applicant/licensee, including: 1. written documentation of a current Infant-Child (Pediatric) Cardiopulmonary Resuscitation Certification (CPR) and a current First Aid Certificate; 2. a current American Red Cross Lifeguard training certificate if the home has a pool and the children in care are allowed in the pool area; 3. written verification of training received through workshops, meetings, recorded/printed materials, or one to one consultation." For each assistant caregiver and substitute, r. .07(3)(e)9 requires the same, with a parenthetical that quietly relieves substitutes of the workshop-verification item: "(iii) written verification of training received through workshops, meetings, videotapes, or one to one consultation (not required for substitutes)." And r. .07(3)(f): "Records on caregivers and substitutes shall be kept for at least two (2) years after the caregiver or substitute leaves." SUMMARY TABLE, ALL FROM THE RULE TEXT: licensee - 24 pre-service clock hours (4 per area x 6 areas) then 20 per year; substitute - 6 pre-service clock hours (1 per area x 6 areas) then 6 per year; group-home assistant caregiver - 12 clock hours within 30 days of hire then 12 per year. All three additionally owe 1 hour per year from an outside source in each of the eleven health-and-safety topics, and for none of the three do CPR/First Aid hours count toward the clock-hour totals.

What background checks does Alabama require?

THE HEADLINE CORRECTION FIRST, BECAUSE IT DECIDES WHO IS SCREENED. ALABAMA'S THRESHOLD FOR A SCREENED ADULT HOUSEHOLD MEMBER IS NINETEEN, NOT EIGHTEEN. Ala. Admin. Code r. 660-5-27-.02(1) defines the term the whole chapter runs on: "ADULT. Any person 19 years of age or older." Ala. Code Sec. 38-13-2(1), the definitions section of the criminal-history statute that ch. 660-5-27 invokes by name, is identical: "ADULT. An individual 19 years of age and older." Sec. 38-13-2(8) then fixes the other end: "CHILD or CHILDREN. An individual under 19 years of age." Alabama's age of majority is 19 and the licensing scheme is built on it. DHR's own public instructions page for child care licensing background checks nevertheless tells providers that checks are needed on "All adults living in a family child care home and are age 18 or older." The agency page is one year off the rule and the statute it is meant to implement. This is exactly the failure mode the brief warns about, and it matters: an 18-year-old living in the home is, in Alabama law, a CHILD, not an "adult household member," and the Central Registry clearance obligation in r. .05(2)2(i) - which is worded "the applicant and each adult household member" - does not on its face reach her.

She may still be reached by the separate, function-based limb ("any other person who has contact with the children or unsupervised access to the children"), and prudent practice is to screen her; but the published age threshold in the binding text is 19. Practitioners should expect DHR to ask at 18 and should not argue with a licensing representative about it. THE TWO REGISTRY COMPONENTS - CENTRAL REGISTRY AND CRIMINAL HISTORY. Rule 660-5-27-.05(2)(c)2, Clearance of State Central Registry on Child Abuse/Neglect: "(i) At the time of initial application, a completed REQUEST FOR CLEARANCE OF STATE CENTRAL REGISTRY ON CHILD ABUSE/NEGLECT shall be submitted by the applicant and each adult household member. Results shall be kept in the Department's files. (ii) The applicant shall obtain a completed REQUEST FOR CLEARANCE OF STATE CENTRAL REGISTRY ON CHILD ABUSE/NEGLECT for each assistant caregiver, substitute, volunteer, domestic worker, and any other person who has contact with the children or unsupervised access to the children. Results shall be kept on file in the home. (iii) A REQUEST FOR CLEARANCE OF STATE CENTRAL REGISTRY ON CHILD ABUSE/NEGLECT shall be updated every five (5) years.

Additional request may be required based on the discretion of the Department. (iv) A REQUEST FOR SUPPLEMENTAL CLEARANCE for Inter-State Child Abuse/neglect registry if an individual has lived in another state within the past five (5) years." Note the split custody of results: the APPLICANT'S and household members' results go to the Department's files; the staff results are kept by the licensee in the home. Rule 660-5-27-.05(2)(c)3, Criminal History Background Information Checks: "(i) In accordance with Alabama law, (Act 2000-775, Code of Ala. 1975, Sec. 38-13-1 through 12, the criminal history of each applicant for a license, each licensee, each adult household member, substitute, assistant caregiver, volunteer, and domestic worker, as well as any other person who has contact with the children or unsupervised access to the children shall be submitted. This information must be updated every five (5) years and must include the following suitability components. (I) National FBI Criminal History Check, with fingerprint; (II) NCIC National Sex Offender Registry (NSOR) check; (III) In-state Criminal History Check, with fingerprint; (IV) In-State Sex Offender Registry check; (V) Inter-State Criminal History check if individual has lived in another state within the past five (5) years; (VI) Inter-State Sex Offender Registry check if individual has lived in another state within the past five (5) years."

That is a six-component check, and two of the six are conditional on a five-year residency history outside Alabama - which is why DHR-CDC-712 asks applicants to "List addresses of all places you have lived in the past five years, if different from your present address." WHO IS COVERED - THE FULL LIST, AND THE ONE PHRASE THAT SWALLOWS THE REST. The covered population under r. .05(2)(a) is "Applicants/licensees ..., household members, caregivers ..., substitutes, domestic workers, volunteers, or other persons who have contact with the children in care or unsupervised access to the children in care." Note it is "CONTACT with the children" OR "unsupervised access" - Alabama does not limit screening to unsupervised access. The statute reaches the same population from the other direction: Ala. Code Sec. 38-13-2(3) defines APPLICANT to include, "[w]ith regard to child care and adult care facilities in a home setting, ... an adult household member whose residence is in the home," and Sec. 38-13-2(25) defines LICENSEE as "Holder of a license or approval and an adult household member whose residence is in the home in regard to child care and adult care facilities in a home setting." A resident adult is, for this purpose, a licensee.

RESIDENCE is defined at Sec. 38-13-2(29): "Place of abode, domicile, or dwelling with intention to remain permanently and continuously or for an indefinite or uncertain length of time." One exclusion is expressly written in - Sec. 38-13-2(34): a VOLUNTEER "shall not include the parent, family member, legal custodian, or legal guardian of a child ... in care." MECHANICS: FINGERPRINTS, CONSENT, AND WHO MAY ASK. Ala. Code Sec. 38-13-3(c): "Every employee, volunteer or applicant, for employment or a volunteer position, licensee, ... or applicant for a license to the Department of Human Resources to operate a child care or adult care facility shall submit two sets of fingerprints and sign a written consent to obtain the criminal history background information. Fingerprints shall not be required when a disability prevents a person from being fingerprinted. Disabilities preventing fingerprinting include the loss of both hands, severe scarring of all fingers, closed paralytic hands, and similar disabilities. In cases involving disability, a written consent to obtain available criminal history background information by name only shall be obtained.

No one who fails or refuses to give written consent or submit fingerprints necessary to obtain criminal history background information may be employed, allowed to perform volunteer or other work, approved or issued a license, or allowed to retain a license or approval." Sec. 38-13-3(b) routes the request: only the chief executive officer of the employer or facility, "or his or her designee authorized in writing and notarized," may make it, and "law enforcement shall render assistance, including assistance in obtaining fingerprints." Sec. 38-13-4(c) puts a clock on it: "No later than the five business days after employment or a reasonable time after completion of application for a license or approval, an employer, the Department of Human Resources, or child placing agency shall mail or deliver a request for a criminal history background information check to the Alabama State Law Enforcement Agency accompanied by all of the following: (1) Two complete sets of fingerprints, properly executed by a law enforcement agency or an individual properly trained in fingerprinting techniques. (2) Written consent from the applicant, employee, or volunteer for the release of the criminal history background information to the Department of Human Resources. (3) The fee."

HOW IT IS DONE IN PRACTICE, AND WHAT IT COSTS. DHR's published Instructions for Child Care Licensing Background Checks name the vendor and the price: fingerprinting is scheduled through Fieldprint at fieldprintalabama.com, at a stated fee of $47.20 per application. The same page gives the Central Registry route: the in-state child abuse/neglect check uses form DHR-FCS-1598, with no fee, mailed to "State of Alabama DHR; Office of Child Protective Services; CA/N Central Registry; 50 N. Ripley Street; Montgomery, Alabama 36130"; an interstate check uses DHR-FCS-1598 together with DHR-FCS-1598-B, also without fee, to the same address. The page additionally describes a name-based Alabama criminal history request through the Alabama State Law Enforcement Agency at a fee of $25.00 with a stated processing time of four to five weeks - that is the ALEA name-based product, not a substitute for the fingerprint check that r. .05(2)(c)3(i)(I) and (III) require. A FORM-NUMBER DISCREPANCY INSIDE THE OFFICIAL MANUAL. DHR's web instructions and general practice call the Central Registry form DHR-FCS-1598 (FCS = Family Services).

The Department's own published Standards manual, in the instructions block printed on the staff application form (Appendix D), calls it something else: "A completed REQUEST FOR CLEARANCE OF STATE CENTRAL REGISTRY ON CHILD ABUSE/NEGLECT (DHR-DFC-1598) shall be obtained for each caregiver, substitute, volunteer, domestic worker, and any other person...". DFC versus FCS, same 1598. Ask for the form by its full name rather than its prefix. THE SUITABILITY DETERMINATION IS NOT A HIRING DECISION. Rule 660-5-27-.05(2)(c)3(iv): "If a suitability determination letter is received by the licensee from the Department's Criminal History Check Unit stating an individual is suitable for employment based on the absence of any disqualifying convictions, the licensee shall make his or her own determination regarding employment or volunteer work. No right to employment is created by the issuance of a letter stating an individual is suitable for employment." The statute says the same at Sec. 38-13-4(d), and adds the mandatory consequence in the other direction: "Upon receipt of a determination from the Department of Human Resources that an individual is unsuitable for employment, licensure, approval, or volunteer work, an employer, the child care facility, ... or Department of Human Resources shall terminate the individual from employment or volunteer work or shall not employ or use the individual. ...

The Department of Human Resources or child placing agency shall suspend or revoke a license or approval or deny a license or approval application to an individual receiving an unsuitability determination." Rule .05(2)(c)3(ii)-(iii) mirrors both limbs. WHAT DISQUALIFIES. Ala. Code Sec. 38-13-2(31)a: "Convictions for any of the following crimes shall make an individual unsuitable for employment, volunteer work, approval, or licensure: 1. A violent offense as defined in Section 12-25-32. 2. A sex crime. 3. A crime that involves the physical or mental injury or maltreatment of a child, the elderly, or an individual with disabilities. 4. A crime committed against a child. 5. A crime involving the sale or distribution of a controlled substance. 6. A crime or offense committed in another state or under federal law which would constitute any of the above crimes in this state." SEX CRIME is defined at Sec. 38-13-2(30) as "any sex offense listed in Section 15-20A-5" - the Alabama Sex Offender Registration and Community Notification Act schedule. CONVICTION is defined broadly at Sec. 38-13-2(11): "A determination of guilt as the result of a plea, including a plea of nolo contendere, or a trial."

And Sec. 38-13-2(31)c leaves DHR room to add more by rule. THE REGULATION'S OWN, WIDER 'UNSUITABLE CHARACTER' LIST. Beyond the statutory disqualifiers, r. 660-5-27-.05(2)(c)4(i) lists evidence that "may make an applicant/licensee, household member, assistant caregiver, substitute, domestic worker, volunteer, or any other person, unsuitable": "(I) any felony conviction in this or any other state; (II) theft and other financial crimes related to business activities; (III) misdemeanor convictions in this or any other state; (IV) operating a motor vehicle while under the influence of or while impaired by the use of intoxicating liquor or drugs; (V)) offenses involving the reckless operation of a motor vehicle at an excessive speed; (VI) a crime involving the possession of a controlled substance; (VII) operating a child care facility without a license/permit/exemption; (VIII) refusal to cease operations of an unlicensed child care facility; (IX) a history of consistent failure to maintain standards while operating a child care facility; (X)) refusal or failure to cooperate in any Department investigation or inspection; (XI) making false or misleading statements or reports to the Department; (XII) past history of the individual regarding his/her truthfulness; (XIII) the individual's ability to care for children," plus "(ii) Indicated (founded or substantiated) reports of adult or child abuse/neglect, with or without criminal convictions, in this or any other state."

The rule then requires a proportionality analysis: the evidence "will be evaluated to determine whether or not it constitutes a danger to the children based on the seriousness of the crime, the existence of extenuating circumstances, the propensity to recommit the crime, and evidence of rehabilitation since the crime was committed." Speeding and DUI are on that list. So are unsubstantiated-by-conviction abuse findings. REFERENCES ARE PART OF THE CHARACTER SCREEN, NOT AN EXTRA. Rule 660-5-27-.05(2)(c)1(i): "At the time of initial application, each applicant for a license and each adult household member shall provide the Department with the names, addresses, and telephone numbers of at least three persons who are unrelated to the applicant or household member by blood, marriage, or adoption. These persons shall be contacted by the Department to determine the applicant/household member's character, community reputation, work history, and suitability to care for children ... The Department may, at its discretion, contact additional sources." And (ii) shifts the burden to the licensee for staff: "The applicant/licensee shall obtain at least three written references for each current and prospective caregiver, substitute, domestic worker, volunteer, or other person who has contact with the children or unsupervised access to the children. ...

Written references shall be kept on file in the home." The application form DHR-CDC-712 adds a duration qualifier the rule omits: "List at least three (3) persons you have known for at least two (2) years who are not related to you or any member of your household by blood, marriage, or adoption." THE FIVE-YEAR CYCLE, AND WHERE IT IS DOCUMENTED. Both components run on five years - r. .05(2)(c)2(iii) for the Central Registry clearance and r. .05(2)(c)3(i) for the criminal history. Rule 660-5-27-.07(3)(e) tells you what that means in the file: "2. State Central Registry on Child Abuse/Neglect Clearance Form must be issued within the last five (5) years and updated every five (5) years thereafter (See Rule 660-5-27-.05, for details). Forms can be obtained from the Department's website; 3. Criminal history background information, including; (i) A Suitability Determination letter from the Department must be issued within the last five (5) years and updated every five (5) years thereafter. (ii) Identification verification of name, date of birth, race and sex in the form of a photo identification from any governmental agency, such as a driver's license, non-driver's identification, or program participation card."

Note that the photo-ID verification is a file requirement in its own right. Ala. Code Sec. 38-13-4(f) supplies the portability principle behind the cycle: "Unless otherwise provided in this chapter, only one criminal history background information check shall be required on an individual regardless of subsequent changes in employment or licensing or approval status. Subsequent criminal history background information checks may be conducted by the employer or licensing or approval entity. The licensing or approval entity shall pay the cost for subsequent criminal history background information checks." CONTINUING DUTY TO REPORT ARRESTS AND CONVICTIONS - 24 HOURS, THEN 5 DAYS. Rule 660-5-27-.05(2)(c)3(v): "The licensee shall inform the Department of any criminal convictions and current criminal charges involving the licensee, household members, substitutes, caregivers, domestic workers, and other persons who have contact with the children or unsupervised access to the children, which occur after a license/permit is obtained. Such reports shall be made within 24 hours and followed by a written report within five (5) days."

Rule .07(2)(c) puts the same clock on "11. any arrest of the licensee, household members, caregivers, substitutes, domestic workers, volunteers, or any other persons who have contact with the children or unsupervised access to the children; 12. final disposition of any child abuse/neglect investigation involving [the same people]," and on "10. changes in members of the household (new household members moving into the home, household members moving out of the home, birth of a child)." A new adult moving in is a reportable event within 24 hours. THE PENALTY FOR LYING ON THE FORM. Ala. Code Sec. 38-13-4(a)(1) prints the notice that must be signed: "An individual who intentionally falsifies or provides any misleading information on the statement is guilty of a Class A misdemeanor, punishable by a fine of not more than two thousand dollars ($2,000) and imprisonment for not more than one year." And DHR-CDC-712's own closing block recites Sec. 38-7-16's $100-$1,000 fine and up to one year in county jail for materially false statements made to obtain a licence. WHAT IS NOT IN THE ALABAMA HOME RULES.

There is no fee waiver, no provisional-hire pathway written into ch. 660-5-27 (the statute's provisional-employment allowance at Sec. 38-13-4(b) exists, but r. .05(2)5 forbids counting the person in the staff/child ratio until the check is complete), and no 180-day 'break in service' re-check rule of the kind several other states publish. Nothing in ch. 660-5-27 or ch. 38-13 that I read sets a 180-day trigger.

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Source: PRIMARY, ANCHORED ON THE LEGISLATURE. (1) Alabama Administrative Code, Chapter 660-5-27, 'Day Care Licensure - Child Care Licensing and Performance Standards for Family Day Care Homes, Family Nighttime Homes, Group Day Care Homes, and Group Nighttime Homes,' as published by the Alabama Legislative Services Agency: rules 660-5-27-.01 through .14, each retrieved from https://admincode.legislature.state.al.us/api/rule/660-5-27-.01 through /660-5-27-.14 (chapter index: https://admincode.legislature.state.al.us/api/chapter/660-5-27 ; human-readable form: https://admincode.legislature.state.al.us/administrative-code/660-5-27-.01 etc.). Most recent effective date in the chapter: September 13, 2021 (published July 30, 2021); rule .14 repealed effective April 22, 2019. (2) Currency check - Alabama Administrative Monthly, every issue served by the Legislative Services Agency from Vol. XLI (April 2023) to Vol.

XLIV, Issue No. 10 (July 31, 2026), https://admincode.legislature.state.al.us/api/aam/2023-04 through /api/aam/2026-07. No filing affecting 660-5-27 in any of the forty issues. (3) Code of Alabama 1975, from the Alabama Legislature's own service https://alison.legislature.state.al.us/code-of-alabama (queried via the site's GraphQL endpoint https://alison.legislature.state.al.us/graphql using its codeOfAlabamaSection operation): Secs. 38-7-1 through 38-7-18 (Child Care Act of 1971), in particular Sec. 38-7-2 (Definitions; history: Acts 1971 No. 174; Acts 1987 No. 87-671; Acts 1993 No. 93-904; Acts 1995 No. 95-255; Act 2016-354; Act 2018-278; Act 2021-225), Sec. 38-7-3 (licence required and church/religious-school exemption; history: Acts 1971 No. 174; Acts 1981 No. 81-310; Act 2018-278, Secs. 2 and 4 - no amendment since), Sec. 38-7-4, Sec. 38-7-5, Sec. 38-7-6, Sec. 38-7-7, Sec. 38-7-8, Sec. 38-7-13, Sec. 38-7-16; Secs. 38-13-2, 38-13-3 and 38-13-4 (criminal history background information checks; Act 2000-775 as amended through Act 2019-322); Secs. 26-24-1, 26-24-2 and 26-24-3 (Department of Early Childhood Education - no licensing authority).

AGENCY, USED AS CORROBORATION ONLY. (4) Alabama DHR, 'Child Care Licensing and Performance Standards for Family Day Care Homes, Family Nighttime Homes and Group Day Care Homes, Group Nighttime Homes - Regulations and Procedures,' title page stamped 'Effective September 13, 2021,' with Appendices A-M and forms DHR-CDC-712 (Rev. 05/21), DHR-CDC-737, DHR-CDC-1947, DHR-CDC-1948, DHR-CDC-739, DHR-CDC-1949, DHR-CDC-1950, DHR-CDC-1951, DHR-CDC-1952/1953/1954 and DHR-CDC-1955: https://dhr.alabama.gov/wp-content/uploads/2026/04/PROPOSED-Homes-Child-Care-Licensing-and-Performance-Standards.pdf (filename says PROPOSED; the document is the in-force manual - see verify_flag F3). (5) https://dhr.alabama.gov/child-care/ (Child Care Services Division); https://dhr.alabama.gov/child-care/child-care-licensing/ (intake numbers (334) 242-1425 and (866) 528-1694); https://dhr.alabama.gov/child-care/licensing-overview/ ('renewed every two years'); https://dhr.alabama.gov/child-care/licensing-process/ ; https://dhr.alabama.gov/child-care/license-exempt-day-care-facilities/ (faith-based exemption as administered - preschool programmes only); https://dhr.alabama.gov/instructions-for-child-care-licensing-background-checks/ (Fieldprint $47.20; DHR-FCS-1598 and DHR-FCS-1598-B, no fee; ALEA name-based check $25.00; and the '18 or older' statement that conflicts with r. 660-5-27-.02(1) and Ala. Code Sec. 38-13-2(1) - see verify_flag F1). (6) Fingerprint vendor named by DHR: https://fieldprintalabama.com/individuals (fee not independently confirmed - see verify_flag U3).

Verified 2026-08-25. General information, not legal advice and not a guarantee of licensure — confirm with your state’s licensing agency before applying.