Not Getting Paid

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  • Unregistered

    Not Getting Paid

    I have a question. I watch a couple kids for my friends. They don't pay me, I do it because it helps them out and I enjoy it. Is it still considered "daycare" if I'm not getting paid? Should I have a license?
  • Heidi
    Daycare.com Member
    • Sep 2011
    • 7121

    #2
    It depends on your state. In WI, you can care for up to 3 unrelated children (with or without pay) without a license. In other states, you can care for 1 FAMILY of children without a license.

    Comment

    • CraftyMom
      Daycare.com Member
      • Jan 2014
      • 2285

      #3
      In my state MA you need a license to care for any children that are not related to you, whether you are getting paid or not.

      Comment

      • Sunchimes
        Daycare.com Member
        • Nov 2011
        • 1847

        #4
        In Texas, you can care for 3 unrelated kids without a license. This means no classes and no inspections. You still have to fill out an application, have a background check every 2 years, and pay a small fee each year. Not sure if pay/no pay is a factor.

        Comment

        • Unregistered

          #5
          Originally posted by CraftyMom
          In my state MA you need a license to care for any children that are not related to you, whether you are getting paid or not.
          How do they differentiate between a babysitter (doctor's appointment, running errands, date night, etc.) and a daycare provider? Is it number of hours? Just curious...

          Comment

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

            #6
            Originally posted by Unregistered
            How do they differentiate between a babysitter (doctor's appointment, running errands, date night, etc.) and a daycare provider? Is it number of hours? Just curious...
            I believe in my state, if you have kids all day, every day (ie: business hours) they consider that day care. Some states limit the hours, so the total amount of hours is about 15 or 20 hours total per week. But as this varies so much from state to state, it's best to find out what the regulations are in your state.

            Comment

            • Second Home
              Daycare.com Member
              • Jan 2014
              • 1567

              #7
              In some states it also depends on where you watch the children . If it is in your home then you are providing child care and must be licensed, if you go to their home it may be babysitting .

              Comment

              • e.j.
                Daycare.com Member
                • Dec 2010
                • 3738

                #8
                Originally posted by Unregistered
                How do they differentiate between a babysitter (doctor's appointment, running errands, date night, etc.) and a daycare provider? Is it number of hours? Just curious...
                I think it's all of the above. If you provide care in your home vs. the parent's home, and you do it on a regular basis (not just here and there), you are required to be licensed.
                It also matters if the child is related to you or not. Since you're watching the children of a friend, I would think you'd have to be licensed if you do it on a regular basis.



                At the end of this link, it mentions that if you provide care in a parent's home (nannies, au pairs, baby sitters....), you don't need a license:

                Comment

                • Febby
                  Daycare.com Member
                  • Jun 2014
                  • 478

                  #9
                  In my state, Kentucky, you can care for up to three unrelated children before you have to become certified. I don't think pay is a factor. With three or less, you can choose to become registered, which would allow you to accept state payments.

                  Comment

                  • Blackcat31
                    • Oct 2010
                    • 36124

                    #10
                    Originally posted by Unregistered
                    I have a question. I watch a couple kids for my friends. They don't pay me, I do it because it helps them out and I enjoy it. Is it still considered "daycare" if I'm not getting paid? Should I have a license?
                    I live in MN.

                    The licensing rules state:

                    Subp. 3. Exclusion from licensure. Under Minnesota Statutes, section 245A.03, the following day care situations are excluded from licensure under parts 9502.0315 to 9502.0445:

                    A. day care provided by a relative to only related children; or
                    B. day care provided to children from a single, unrelated family, for any length of time; or
                    C. day care provided for a cumulative total of less than 30 days in any 12-month period; or
                    D. the exclusions contained in items A and B are mutually exclusive.


                    So in my state you would technically be operating illegally because you provide care for more than one family AND because you provide care for more than 30 days in a 12 month period.

                    In some areas of the state you can be fined PER violation PER day and PER child.

                    Comment

                    • Unregistered

                      #11
                      Thank you. I will be getting my license. Want to play it safe. I am in Minnesota. I am curious though, when it says: day care provided for a cumulative total of less than 30 days in any 12-month period, can that be 30 days in a row? Do they count it from January 1st?

                      Comment

                      • Blackcat31
                        • Oct 2010
                        • 36124

                        #12
                        Originally posted by Unregistered
                        Thank you. I will be getting my license. Want to play it safe. I am in Minnesota. I am curious though, when it says: day care provided for a cumulative total of less than 30 days in any 12-month period, can that be 30 days in a row? Do they count it from January 1st?
                        My licensor said she interprets that as consecutive days in a row.

                        SUPER easy to be licensed though so definitely do it! If you need any help finding contact info or with licensing questions, let me know, I'll glady help.
                        Last edited by Blackcat31; 01-28-2015, 08:32 PM.

                        Comment

                        • Unregistered

                          #13
                          Originally posted by Blackcat31
                          My licensor said she interprets that as consecutive days in a row.

                          SUPER easy to be licensed though so definitely do it! If you need any help finding contact info or with licensing questions, let me know, I'll glady help.
                          Thank you SO much. I'm sure I'll have a lot of questions. Nice to know there someone to ask. :-)

                          Comment

                          • SquirrellyMama
                            New Daycare.com Member
                            • Mar 2012
                            • 554

                            #14
                            Originally posted by Unregistered
                            Thank you. I will be getting my license. Want to play it safe. I am in Minnesota. I am curious though, when it says: day care provided for a cumulative total of less than 30 days in any 12-month period, can that be 30 days in a row? Do they count it from January 1st?
                            I would call and find out. I personally would not read that as 30 consecutive days. If they wanted it to be consecutive then saying consecutive would be much easier. The way that is written says to me any days adding up to 30 within a year long period.

                            Also, if you do get licensed you may find you'll need to start charging for services. Often times there are trainings and other hoops to jump through. That might be more of a headache than necessary if you are doing this for free.

                            I'm not against licensing, just make sure you aren't taking on all of this headache without compensation.

                            Kelly
                            Homeschooling Mama to:
                            lovethis
                            dd12
                            ds 10
                            dd 8

                            Comment

                            • Unregistered

                              #15
                              Originally posted by SquirrellyMama
                              I would call and find out. I personally would not read that as 30 consecutive days. If they wanted it to be consecutive then saying consecutive would be much easier. The way that is written says to me any days adding up to 30 within a year long period.

                              Also, if you do get licensed you may find you'll need to start charging for services. Often times there are trainings and other hoops to jump through. That might be more of a headache than necessary if you are doing this for free.

                              I'm not against licensing, just make sure you aren't taking on all of this headache without compensation.

                              Kelly
                              I'm guessing it's kind of the same thing, 30 consecutive days or 30 random days. Both end up being the same at the end of the year, right?

                              Comment

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