Code of Alabama

Ala. Code § 38-7-11 (2026)

Inspection of Facilities.

✓ official Alabama Legislature (ALISON) text, current July 2026

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The department shall have the right and its authorized representatives shall be afforded reasonable opportunity, to inspect any child-care facility seeking a license or an approval or a six-month permit pursuant to this chapter, any child-care facility seeking a renewal of a license or an approval or a six-month permit pursuant to this chapter and any child-care facility which is operating under a license or an approval or a six-month permit issued pursuant to this chapter. Such inspection shall include, but not be limited to, premises, services, personnel, program, accounts and records, interviews with agents and employees of the child-care facility being inspected and interviews with any child or other person within the custody or control of said child-care facility. Such inspection shall be made at any reasonable time, without prior notice, and as often as necessary to enforce and administer the provisions of this chapter. It shall be the duty of the department, through its agents, to conduct the inspections authorized hereinabove. If any such inspection of a licensed or approved child-care facility discloses any condition, deficiency, dereliction or abuse which is, or could be, hazardous to the health, the safety or the physical, moral or mental well-being of the children in the care of the child-care facility being inspected, the same shall at once be brought to the attention of the department, and the department shall have the power to revoke without notice the license or approval or six-month permit of such child-care facility. In this event, the child-care facility shall not operate during the pendency of any proceeding for fair hearing or judicial review, except under court order.

(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §11.)

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2003–2023 · leading case: Ex Parte Randall, 971 So. 2d 652 (Ala. 2007).

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Ex Parte Randall, 971 So. 2d 652 (Ala. 2007). · cites it 2× “Phillips then states: "As concerns the inspection of day care facilities, § 38-7-11 provides, in part, as follows: "` .”

Kids'klub, Inc. v. State Dept. of Human Res., 874 So. 2d 1075 (Ala. Civ. App. 2003). · cites it 3× “) KK contends that § 38-7-11, Ala.Code 1975, rather than § 41-22-19(d), is applicable because it deals specifically with hazards to the safety or well-being of children in a child-care facility.”

Hernandez v. Dep't of Human Resources of Alabama, 971 So. 2d 652 (Ala. 2007). · cites it 2× “Phillips then states: “As concerns the inspection of day care facilities, § 38-7-11 provides, in part, as follows: “ ‘.”

Pooh Bear Academy v. Alabama Dep't of Human Resources (Appeal from Montgomery Circuit Court: CV-22-900285). (Ala. Civ. App. 2023). “6 The suspension letter stated that the "SUSPENSION [was] 6Section 38-7-11, Ala. Code 1975, states: "[DHR] shall have the right and its authorized representatives shall be afforded reasonable opportunity, to inspect … any child-care facility seeking a renewal of a license ……”

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