Illegal But Excellent? Opinions Please :)

[Unregistered]

I've been reading the threads about illegal/unlicensed home daycare and I'm curious what people will say about our situation:

Our in-home providers are a *wonderful* married couple, we've been with them for almost 9 years. She has degrees in ECE and psychology and he got certified for ECE years ago to be her assistant if needed. For more than 10 years the wife was 100% licensed for 6 kids or less (even though she didn't have to be in our state) and the husband helped out if she was sick or had an appointment or whatever. A few years ago his job got sent to Mexico, and at the same time 4 of the families were having our second babies, so she hired him full time and they've been working together ever since. We LOVE them; they never go over the ratios, the home is safer than mine with a better fence , they do everything they're supposed to and their curriculum is great! They charge around the same as the licensed homes around us and they pay all their taxes, I know because my brother-in-law is their accountant (I introduced them!) They go above and beyond for their families and even their two teenage daughters got certified in first aid and CPR to help out, I love having my kids with them! Problem: they can't get licensed for more than 6 kids, they tried and tried but the county won't give them a variance because they say others will want to do the same and it will bring down the value of the neighborhood. In our area they're supposed to be in a commercial space for more than 6 kids but don't even need a license for less than 7!

Would people here report them, or leave them be?

[Blackcat31]

I've been reading the threads about illegal/unlicensed home daycare and I'm curious what people will say about our situation:

Our in-home providers are a *wonderful* married couple, we've been with them for almost 9 years. She has degrees in ECE and psychology and he got certified for ECE years ago to be her assistant if needed. For more than 10 years the wife was 100% licensed for 6 kids or less (even though she didn't have to be in our state) and the husband helped out if she was sick or had an appointment or whatever. A few years ago his job got sent to Mexico, and at the same time 4 of the families were having our second babies, so she hired him full time and they've been working together ever since. We LOVE them; they never go over the ratios, the home is safer than mine with a better fence , they do everything they're supposed to and their curriculum is great! They charge around the same as the licensed homes around us and they pay all their taxes, I know because my brother-in-law is their accountant (I introduced them!) They go above and beyond for their families and even their two teenage daughters got certified in first aid and CPR to help out, I love having my kids with them! Problem: they can't get licensed for more than 6 kids, they tried and tried but the county won't give them a variance because they say others will want to do the same and it will bring down the value of the neighborhood. In our area they're supposed to be in a commercial space for more than 6 kids but don't even need a license for less than 7!

Would people here report them, or leave them be?

Then it looks like they can only have 6 kids.

Doesn't matter if they both have a master degree in early childhood and know more about kids than any other person alive.

Illegal is illegal no matter how you explain it.

My suggestion is that if they are that good and in that much demand, they should consider looking into opening a facility in an area that does allow more than 6 kids.

[midaycare]

This post sounds suspicious but I'll answer anyway.

I would not report.

[Unregistered]

Then it looks like they can only have 6 kids.

Doesn't matter if they both have a master degree in early childhood and know more about kids than any other person alive.

Illegal is illegal no matter how you explain it.

My suggestion is that if they are that good and in that much demand, they should consider looking into opening a facility in an area that does allow more than 6 kids.

I had a feeling folks here would say that. I read up on it myself, the state rules read like you can totally have a home-daycare with 7-12 kids and two adults (Type A family home daycare) but then you get into it and the zoning board says one kid over 7 and you're commercial no matter how many adults you have

[Unregistered]

I had a feeling folks here would say that. I read up on it myself, the state rules read like you can totally have a home-daycare with 7-12 kids and two adults (Type A family home daycare) but then you get into it and the zoning board says one kid over 7 and you're commercial no matter how many adults you have

One over 6, that is

[trix23]

Whatever state regs are would be my decision to report or not. If they are good, then they should do registered or licensed home or open a facility. I Would only believe they claim taxes if I saw the report with my own eyes.

[Cat Herder]

What state? It is possible you are reading outdated regulations.

[Unregistered]

What state? It is possible you are reading outdated regulations.

Ohio

[Blackcat31]

I had a feeling folks here would say that. I read up on it myself, the state rules read like you can totally have a home-daycare with 7-12 kids and two adults (Type A family home daycare) but then you get into it and the zoning board says one kid over 7 and you're commercial no matter how many adults you have

Okay so are you talking licensing ratios or zoning ratios?

I bet that makes a difference....

So if zoning says they can only have 6 but they have 7
State says they can have 7,

Then the only trouble they'd be in is from zoning....I am sure state recommends you follow all city ordinances but it sounds to me like there are two different rules at play here.

[Unregistered]

Whatever state regs are would be my decision to report or not. If they are good, then they should do registered or licensed home or open a facility. I Would only believe they claim taxes if I saw the report with my own eyes.

I know for a fact that they claim all their kids every year, like I said my BIL is their accountant I hear you; I wish our state didn't make it so hard to have more than 6 kids, it's ridiculous.

[hwichlaz]

I wouldn't report them unless I suspected abuse or neglect. But I'm of the mind, clean up your own side of the street before gazing across it.

[Cat Herder]

"Family Child Care Type A Homes -7 to 12 children (or 4 to 12 children if 4 children are under 2 years of age) cared for in the provider’s home. The provider's own children under 6 years of age must be included in the total count.

Family Child Care Type B homes serving children through the publicly funded child care program - 1 to 6 children cared for in the provider's personal home. No more than three children may be under the age of two. The provider's own children under six years of age must be included in the total count. Please note: anyone can provide care to children in his/her home without a license. However, in order to receive reimbursement for serving families eligible for publicly funded child care, the Type B home provider must be licensed by ODJFS. "

I would assume the State regs would supercede. Are you sure it is about County regs and not the enrolled childrens ages? Does she have the required minimum space per child? Has she joined any National Family Childcare Associations? Could they help?

It sounds "off". We have a right to operate and are usually protected by that. :confused:

[midaycare]

I had a feeling folks here would say that. I read up on it myself, the state rules read like you can totally have a home-daycare with 7-12 kids and two adults (Type A family home daycare) but then you get into it and the zoning board says one kid over 7 and you're commercial no matter how many adults you have

Must depend on your area? I'm upping my license from 1-6 to 7-12. My zoning board has no issues. Are you sure you have the correct information?

[Cat Herder]

http://emanuals.jfs.ohio.gov/ChildCare/FamilyChildCare/Rules/5101-2-13-11.stm

http://emanuals.jfs.ohio.gov/ChildCare/FamilyChildCare/Rules/

Here are more specific rules.

[midaycare]

Okay so are you talking licensing ratios or zoning ratios?

I bet that makes a difference....

So if zoning says they can only have 6 but they have 7
State says they can have 7,

Then the only trouble they'd be in is from zoning....I am sure state recommends you follow all city ordinances but it sounds to me like there are two different rules at play here.

In MI you have to get zoning approval before they will give you a bigger license. Maybe that is the issue?