Child Care Act expected to stir emotions

March 26--While the Alabama Legislature is on recess, some major battles are likely in store when lawmakers return to Montgomery.

The new bill introduced in the Legislature would remove an exemption in state law that allows religiously-affiliated day cares to operate with no licensing or inspection. The Child Care Safety Act (House Bill 277) would require uniform licensing and inspection standards of all child care providers. That means religious or church-sponsored day care centers would be subject to the same regulation by the Alabama Department of Human Resources as non-religious day care centers.

The bill is being sponsored by Rep. Pebblin Warren (D-Tuskegee) and Rep. K.L. Brown (R-Jacksonville). The bill is co-sponsored by 18 Republicans and 14 Democrats.

Opponents of across-the-board child care regulation raise concerns about religious freedom, while proponents want to ensure all safety measures are in place for children.

Rep. Randall Shedd, R-Fairview, said he understands and appreciates the intent of the bill, but has concerns about the potential of government regulating churches.

"I will have to take a close look at it. It's one of those bills that's probably going to be troublesome and stir a lot of debate," Shedd said. "But I feel confident we can get some things accomplished when we return to work. The atmosphere has been positive under Speaker (Mac) McCutheon."

Alabama is one of seven states that allow child care centers to operate without regulation or inspection if they are part of a church ministry. The standards for being considered a church ministry are minimal; state law says an owner must send a notice of intent to operate a daycare center to the Alabama Department of Human Resources on church letterhead.

After that step has been taken, DHR has no authority to regulate or inspect the child care center. DHR-licensed centers are required to undergo annual inspections and must meet minimum health and safety standards, including criminal background checks and CPR training for staff and other regulations.

Some faith-based child care centers in the state do choose to be licensed.

The House came through the first half of the session with a General Fund budget that Shedd said should benefit the state next year, noting $97 million was put aside from BP oil spill money. The Senate must still approve the budget.

Also on tap will be a possible attempt to revisit a gas tax, discussions on gun permits, changes in the death penalty law, gambling, prison funding and the education budget.

"I'm making my priority to help J.B. Pennington School after the fire a week ago. I've spoken to our leadership about the situation. At first there will be mobile classrooms to help out, but some major renovation will be needed to make the school good for the students and teachers," Shedd said.

David Palmer may be contacted at 256-734-2131, ext. 116.

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