Code of Alabama
Chapter 7 - Child Care.
Section 38-7-5 - License to Operate or Conduct Child-Care Facility - Issuance and Term; Temporary Permits; Provisional Approval of Home; Preferential Treatment of Family Members Concerning Placement of Children.

(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, or by the child-care facility designated on the notice of approval, provided, that the following occur:
(1) Licenses or approvals for boarding homes are valid for one year from the date of issuance, unless revoked by the department, or by the licensed child-placing agency which issued the approval, or unless voluntarily surrendered by the licensee or by the child-care facility designated on the notice of approval.
(2) Approvals for free homes shall continue in effect until notice of disapproval is given by the department, or by the licensed child-placing agency which issued the approval, or until the child-care facility designated on the notice of approval voluntarily withdraws.
(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; provided, however, that no such six-month permit shall be issued to a foster family home.
(c) Notwithstanding any other provision of law to the contrary, when a child is taken into the department's foster care or custody on an emergency basis, or when there is a disruption or imminent disruption in a current foster care placement requiring placement elsewhere, and a prospective foster home is available, the department or licensed child-placing agency may conduct a preliminary inspection of the home and issue a provisional approval of the home. The provisional approval shall continue in effect for no more than six months and is nonrenewable. A provisional approval may be denied or revoked by the department at any time for failure to meet minimum standards set by the department or for any reason set forth in Section 38-7-8.
(d) Prior to the emergency licensing of foster homes, the department shall adhere to the settlement agreement reached in the R.C. v. Nachman lawsuit relating to preferential treatment for family members concerning the placement of children.

Structure Code of Alabama

Code of Alabama

Title 38 - Public Welfare.

Chapter 7 - Child Care.

Section 38-7-1 - Short Title.

Section 38-7-2 - Definitions.

Section 38-7-3 - License to Operate or Conduct Child-Care Facility - Requirements; Recordkeeping; Parental Notifications, etc.; Affidavits; Inspections and Investigations.

Section 38-7-4 - License to Operate or Conduct Child-Care Facility - Application; Investigation; Application to Operate Foster Family Home May Be Made to Licensed Child-Placing Agency.

Section 38-7-5 - License to Operate or Conduct Child-Care Facility - Issuance and Term; Temporary Permits; Provisional Approval of Home; Preferential Treatment of Family Members Concerning Placement of Children.

Section 38-7-6 - License to Operate or Conduct Child-Care Facility - Renewal; Reexamination; Renewal of Approval of Boarding Home.

Section 38-7-7 - License to Operate or Conduct Child-Care Facility - Department to Establish Minimum Standards for Licensing; Factors to Be Considered; Children in Need of Special Treatment; Department to Offer Consultation.

Section 38-7-8 - License to Operate or Conduct Child-Care Facility - Revocation or Refusal to Renew License - Grounds.

Section 38-7-9 - License to Operate or Conduct Child-Care Facility - Revocation or Refusal to Renew License - Aggrieved Party Entitled to Hearing; Review of Final Decision or Action of Department; Bond; When Decision May Be Set Aside; Section Not App...

Section 38-7-10 - License to Operate or Conduct Child-Care Facility - Investigation of Operation Without License; Report to Attorney General for Prosecution.

Section 38-7-11 - Inspection of Facilities.

Section 38-7-12 - Advertisements.

Section 38-7-13 - Records to Be Kept by Child-Care Facility; Use and Disclosure of Information.

Section 38-7-14 - Reports by Child-Care Facility.

Section 38-7-14.1 - Educational Information on Influenza Disease and Vaccine.

Section 38-7-15 - Conditions Precedent to Bringing Child Into State for Purposes of Adoption or Placement in Child-Care Facility.

Section 38-7-16 - Penalties; Burden of Proof of Relationship.

Section 38-7-17 - Duty of District Attorney to Enforce Chapter or Prosecute Violations.

Section 38-7-18 - Mandatory State Subsidized Child Day-Care Services Program.

Section 38-7-19 - Powers of Department as to Transitional Living Facilities.

Section 38-7-20 - Employment in Day Care Center of Individual Under 19 Years of Age With Certain Credentials.

Section 38-7-21 - Licensing of Church, Religious Nonprofit Entity, or Religious Nonprofit School to Operate as Licensed Day Care Center.