Having More DCK's Than You're Licensed To Have

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  • Unregistered

    Having More DCK's Than You're Licensed To Have

    Have any of you ever had more dck's than you were licensed to have within a certain age group, and been written up for it by your licensor? If so, did you receive any penalty besides being written up for it?
  • Play Care
    Daycare.com Member
    • Dec 2012
    • 6642

    #2
    No, I have not. My understanding is that this would be a major violation in my state and not just a slap on the wrist. Not worth it for me.

    Comment

    • Annalee
      Daycare.com Member
      • Jul 2012
      • 5864

      #3
      Originally posted by Play Care
      No, I have not. My understanding is that this would be a major violation in my state and not just a slap on the wrist. Not worth it for me.
      Same here, carries a fine along with probation! Not a battle I want to fight!

      Comment

      • TwinKristi
        Family Childcare Provider
        • Aug 2013
        • 2390

        #4
        I wouldn't risk it honestly. It just makes your life harder, stays on your record for 3 yrs and you don't want to be red flagged for that stuff. In my state I have to notify all parents that I was cited and post it in my front room for 30 days. Then licensing has to come back and check on you and you'd have to term someone to comply. Just not worth it to me. Maybe for 30 mins if there was 2 shifts and an emergency and someone was late picking up but they usually will understand that and work with you. If you have that many kids and it's just the way it is they won't like that.

        Comment

        • snbauser
          Daycare.com Member
          • Jan 2011
          • 1385

          #5
          Here operating illegally is a class I felony.

          Comment

          • daycarediva
            Daycare.com Member
            • Jul 2012
            • 11698

            #6
            No. Never. I had a few incidents where it COULD happen with an AM/PM kid. When I enrolled PM kid I made sure dcm knew that there was no way she could leave if AM kid was still here.

            Comment

            • daycare
              Advanced Daycare.com *********
              • Feb 2011
              • 16259

              #7
              I am in CA and we can NEVER have a variance for any reason. My COunty is VERY strict on rules and being over capacity for any reason would be a violation of capacity.

              My current analyst would not even permit me to have a holiday Easter party with additional children and their parents, being over by two kids.

              If I were you, I would make things right so that you could get back to a state of compliance and operate legally.

              Sorry, but if you did it intentionally, not cool.

              Comment

              • Unregistered

                #8
                Logged out for privacy.

                For the sake of 4 weeks I was cited. I had to have an assistant come immediately or I would have had to call parents, while my licensor was there, to come pick up their children. Luckily, I was able to do that. Then she had to be there daily for those 4 weeks. I get it. I do. But it's not like it was 6 months or anything.

                Comment

                • Unregistered

                  #9
                  What the....

                  What you were doing was dangerous for the kids you were watching, There's a reason for rules on how many children per caregiver. I can't believe you're so unconcerned about what you were doing! In my opinion you should'nt be watching kids at all.

                  Comment

                  • crazydaycarelady
                    Not really crazy
                    • Jul 2012
                    • 1457

                    #10
                    I got written up once for being 2 kids over. I was allowed to have 6 kids all day and 8 kids between noon -3:00p.m. (overlap.) Licensor was here and dcd was 10 minutes late, got here at 3:10. I got "written up" and had to submit my written plan of action (which was to tell dcd to be on time.)


                    I am allowed to have 6 kids (plus the 2 extra for 3 hours per day)and when I first started that was plenty. I think there should be something in the regs like a longevity clause though because after 22 years I can watch 8 kids with no problems. Someone who had never spent a day with kids can watch 6 kids tomorrow and someone like me who has been watching kids for 22 years can also only watch 6 kids?

                    Also it seems ridiculous to me that I am fully capable of watching 8 kids at 2:30p.m. but not at 3:30pm???

                    Comment

                    • daycarediva
                      Daycare.com Member
                      • Jul 2012
                      • 11698

                      #11
                      Originally posted by crazydaycarelady
                      I got written up once for being 2 kids over. I was allowed to have 6 kids all day and 8 kids between noon -3:00p.m. (overlap.) Licensor was here and dcd was 10 minutes late, got here at 3:10. I got "written up" and had to submit my written plan of action (which was to tell dcd to be on time.)


                      I am allowed to have 6 kids (plus the 2 extra for 3 hours per day)and when I first started that was plenty. I think there should be something in the regs like a longevity clause though because after 22 years I can watch 8 kids with no problems. Someone who had never spent a day with kids can watch 6 kids tomorrow and someone like me who has been watching kids for 22 years can also only watch 6 kids?

                      Also it seems ridiculous to me that I am fully capable of watching 8 kids at 2:30p.m. but not at 3:30pm???
                      That is SO ODD! What is different about 2:59 and 3:01 as far as child safety and supervision?

                      Here I can have 6 under 5 and 2 sa/enrolled in school. When my sa dcb has a day off of school, 1/2 day, etc he is allowed to be here all day (I only have one and don't plan to add to that). So I have 7 day care kids. Over summer I had 8 all day every day, perfectly legal.

                      Comment

                      • Cat Herder
                        Advanced Daycare.com Member
                        • Dec 2010
                        • 13744

                        #12
                        I was cited once for being over. It was not a capacity/ratio issue, the compliance print-out actually said "in ratio" and "supervision requirements met".

                        A notary from City Hall's stamp had expired mid-year causing my paperwork to be invalid. I had never even paid attention to the seal (other than making sure it was there) before.

                        They could have shut me down immediately, fined me, put "child endangerment" on my criminal record (limiting my employment opportunities for life) and barred me from re-opening. (I might have been able to appeal to a judge, but you get the point)

                        Instead, she gave me until the end of the business day to have the enrollment form stamped by another City Hall worker and hand delivered to her in her office. My husband had to leave work and handle it for me as I could not leave the house for obvious reasons.

                        I had surprise visits almost monthly for about 6 months as well. They call it follow-up monitoring. My citation was never even filed with the State office by my inspector, but I still was painted black for a while with the local office.

                        What a nightmare that was. I can't imagine risking that knowingly....
                        - Unless otherwise stated, all my posts are personal opinion and worth what you paid for them.

                        Comment

                        • Unregistered

                          #13
                          Originally posted by Unregistered
                          What you were doing was dangerous for the kids you were watching, There's a reason for rules on how many children per caregiver. I can't believe you're so unconcerned about what you were doing! In my opinion you should'nt be watching kids at all.
                          If this was directed at me, the four weeks was until one of the children turned 2. She was no less advanced at that point then she was four weeks later. The number of children was fine. End of discussion for me. Not getting pulled into drama.

                          Comment

                          • Play Care
                            Daycare.com Member
                            • Dec 2012
                            • 6642

                            #14
                            Originally posted by daycarediva
                            That is SO ODD! What is different about 2:59 and 3:01 as far as child safety and supervision?

                            Here I can have 6 under 5 and 2 sa/enrolled in school. When my sa dcb has a day off of school, 1/2 day, etc he is allowed to be here all day (I only have one and don't plan to add to that). So I have 7 day care kids. Over summer I had 8 all day every day, perfectly legal.
                            In the summer I have had 10 kids in my care - all legal, because my kids are SA. I have 6 dck aged 2-5, 2 SA DCK and my own two SA kids.

                            Comment

                            • Blackcat31
                              • Oct 2010
                              • 36124

                              #15
                              Originally posted by Unregistered
                              Logged out for privacy.

                              For the sake of 4 weeks I was cited. I had to have an assistant come immediately or I would have had to call parents, while my licensor was there, to come pick up their children. Luckily, I was able to do that. Then she had to be there daily for those 4 weeks. I get it. I do. But it's not like it was 6 months or anything.
                              Did you KNOW before hand that you were out of compliance/ratio? Or did you not know until you were cited for it?

                              In my state, we have the option of requesting a variance if were are going to have situations like that where things overlap.

                              Depending on our set up, experience levels and willingness to take precautionary measures, we can get that variance and be legal for that temporary timeframe.

                              If we get caught being out of ratio, we are cited and MUST post the citation for parents and potential clients to see for 2 years.

                              Citations within the previous 2 years also make us ineligible for participation in our QRIS program too.

                              I'm sorry this happened to you but as a licensed provider, it is our duty and obligation to know and follow the rules, regardless of the , special circumstances or "buts"...kwim?

                              I hope this isn't something that effects your business too badly.

                              Comment

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