Licensed to Unlicensed - Advice Please!

[Heidi]

Ok...I'm going to go with No, don't do it, although I do think your state's reg
seem a bit weird.

You can watch them 20 hours a month at your house without a license, and you can watch them at their house without a license, and you can take them on field trips, because there's no law saying you can't take a friend's children somewhere.

So then, if something happens to a child or you have a dispute with the parent or something happens to your house, you'd have to say this or that or something else and try to prove you didn't provide illegal care, or you wouldn't be insured. You also can't write off any expenses if you're providing illegal care.

I don't agree with the regs, but I'd say follow them. It's honestly MORE trouble in the long run that keeping that license, IMO.

[Unregistered]

Whether a private contract or not, NOTHING would be covered if the provider was operating illegally.

The instant you break the law, you have ZERO protection and are at risk to lose everything. Including your home.

Even your contract/handbook is void if you operate illegally.



:: :: never underestimate other posters...

In terms of insurance coverage that's not true. You have to read the exclusions in your particular policy about coverage. Insurance companies pay out for law breakers from drunk drivers, doctors, lawyers, and yes daycare workers. It's between you and your ins. company.

My point was, make sure you always have good insurance and know the coverage and exclusions.

[childcaremom]

Wouldn't do it. Too much liability.

What if the relationship with these families deteriorate?
What if something happens to one of the children?
What if someone reports you?
What if?
What if?

Why not just drop the dcfs that are causing you grief and stick with the two families that you like AND keep your license?

Why not drop the dcfs that are causing you grief and advertise to replace?

Seriously, having just gotten rid of my problem family, I can't tell you how much weight is lifted off my shoulders and I LOVE my job again.

[Unregistered]

I agree, keep license and drop the trouble makers. Best choice.

[Blackcat31]

In terms of insurance coverage that's not true. You have to read the exclusions in your particular policy about coverage. Insurance companies pay out for law breakers from drunk drivers, doctors, lawyers, and yes daycare workers. It's between you and your ins. company.

My point was, make sure you always have good insurance and know the coverage and exclusions.

...and when that happens, the insurance company usually turns around and sues the "insured" for what they had to pay out.

Happens all the time (I also know someone that it actually happened to) but if that is not the case in your state or your experiences, we can agree to disagree. Every state/experience is different.

Bottom line though, in agreeance to what others are saying, I would NEVER risk providing care illegally. There is just way too much liability. Especially in this sue-happy culture we live in now days.

[Thriftylady]

I would worry about insurance. This coming from a person who rents their house, and is legally unlicensed, therefore has not been able to find any insurance. I worry about it daily. I didn't ten years ago and I could have had it then, but I was much younger and didn't really know better.

[Unregistered]

...and when that happens, the insurance company usually turns around and sues the "insured" for what they had to pay out.

Happens all the time (I also know someone that it actually happened to) but if that is not the case in your state or your experiences, we can agree to disagree. Every state/experience is different.

Bottom line though, in agreeance to what others are saying, I would NEVER risk providing care illegally. There is just way too much liability. Especially in this sue-happy culture we live in now days.

I agree, you always want to limit your liability as much as possible. Insurance companies to my knowledge are sued by clients for breach of contract if anything. Or they may sue the other person involved in say..a automobile accident for damages they had to pay to their client. And I'm sure they've sued their own clients as well.

[NoMoreJuice!]

I totally agree with everyone about insurance, but it sounds like she will only be providing care for one family. It's not that uncommon for people to watch only two children and not have to worry about liability insurance. I think we're going a bit doomsday on the OP.

[hsdcmama]

I personally wouldn't break the law to do it. I know you are a good provider, and would still continue to be so that isn't the thing really. I am also unlicensed, as it is legal for me here and I intend to stay that way. I have been licensed before and understand the headaches. My reason for telling you not to break the law is that you want to go into nursing. I have heard they have very strict background checks and I would hate to see you do something that would ruin that.

But how would they know I was watching children without a license? Assuming there were no incidents reported or anything. That's what I'm wondering, is how they actually go about enforcing these wierd regulations.

[Thriftylady]

But how would they know I was watching children without a license? Assuming there were no incidents reported or anything. That's what I'm wondering, is how they actually go about enforcing these wierd regulations.

Well I don't know your area. But I would be the one to find some crazy neighbor or something that wanted to butt their nose in where it didn't belong. That would be my worry. And as far as enforcement, well we all have crazy regulation stories the don't enforce what they should half the dang time and bad things happen, then they enforce the things they shouldn't. In the end I guess it is what feels right to you and I won't judge you either way, just saying that I wouldn't do it.

[Baby Beluga]

But how would they know I was watching children without a license? Assuming there were no incidents reported or anything. That's what I'm wondering, is how they actually go about enforcing these wierd regulations.

This is my thought... are you going to be filing taxes claiming the money this set of parents would pay you? My guess is yes. Therefore I assume being a childcare provider will show up on your tax and credit history (listed as a job). If they look into that further they will know you were not licensed. Depending on the nursing program/nursing position once you graduate the program, they may even ask as for a copy of your license as "proof of employment." Perhaps not, but food for thought.

In our line of work we have so much liability on our shoulders. Why would you want to increase that ten-fold by operating illegally?

[Play Care]

I think in your case I would look for a way to make being unlicensed legal. Someone mentioned going to the clients home, and that would probably be the best option.

I have said that if I could do it legally, I would go unlicensed in a heartbeat. But I can only watch two unrelated kids without a license and that's not financially viable for me.

[KidGrind]

In MD it is legal to watch other people's kids if they are a relative or friend, and if for a friend then for less than 20 hours per month. If anything were to happen, God forbid, I still would be okay bc no one would know how many hours a month the kids were with me. I understand that this is a risky thing, and certainly not the best-case scenario; but in this case I think it is what would work best for me and this particular family. I'm still weighing my options, but I hate that it's criminal for someone to care for another family's children without a license, even if that's what the family wants and it's a good, safe, caring situation. I totally get why these rules are in place, because there are certainly some very negligent cases. But I'm not one of them, you know?

It absolutely doesn’t make sense to me for anyone who is licensed in the state of Maryland to go illegally unlicensed.

The only additional costs I can see legal vs. illegal are:

1. The cost of daycare insurance.
2. The cost of the 18 clock hours (1st year) or 12 clock hours (after 1st year) of trainings.

Frankly, I don’t know you. You could be one of the greatest providers in the state. Even so, at this point I am highly suspect that something else is going on. I concede, I do not know. It just isn’t logical from my vantage point.

[LysesKids]

It absolutely doesn’t make sense to me for anyone who is licensed in the state of Maryland to go illegally unlicensed.

The only additional costs I can see legal vs. illegal are:

1. The cost of daycare insurance.
2. The cost of the 18 clock hours (1st year) or 12 clock hours (after 1st year) of trainings.

Frankly, I don’t know you. You could be one of the greatest providers in the state. Even so, at this point I am highly suspect that something else is going on. I concede, I do not know. It just isn’t logical from my vantage point.

That's what I was thinking... I was originally going to license in Hagerstown, Maryland, and I actually started the process in 1999 but then my house fell thru & I ended up in Martinsburg, WV; I got licensed there in 2000 for 6 kids and even tried to open the only Mildly ill childcare in the state... gave up after 6 months because the state literally wanted me to run my home like a full blown center including ripping out new carpet in a new house; I told them to shove it after 9/11 and moved the next year

I know the hoops she jumped thru to get licensed in MD (they have gotten tougher since I moved away) it makes no sense to go illegal... why not just advertise for more kids?

[KidGrind]

That's what I was thinking... I was originally going to license in Hagerstown, Maryland, and I actually started the process in 1999 but then my house fell thru & I ended up in Martinsburg, WV; I got licensed there in 2000 for 6 kids and even tried to open the only Mildly ill childcare in the state... gave up after 6 months because the state literally wanted me to run my home like a full blown center including ripping out new carpet in a new house; I told them to shove it after 9/11 and moved the next year

I know the hoops she jumped thru to get licensed in MD (they have gotten tougher since I moved away) it makes no sense to go illegal... why not just advertise for more kids?

There are hoops to jump through?

It may be because I started out as a military provider. However, I just received my Maryland state license and it was a piece of cake. I laughed at myself for being nervous about not passing, after the inspection.

Advertise for more kids or create policies & enforce them. Each parent can attempt to dump on you once. It’s the way a provider folds or holds that determines if the provider successfully dumps on a provider.