Operating an Unlicensed Daycare

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  • Stephan

    Operating an Unlicensed Daycare

    My next door neighbor appears to be operating an unlicensed daycare in a residential area of our sub-division. I know that unlicensed daycare operations can be legal under certain Indiana law requirements. Can you tell me what the law says about operating an unlicensed daycare in a residential area in the state of Indiana. Thank you.
  • Director

    #2
    Indiana Minimum Standards For License

    It looks like the family facility would need a license. Here are the
    exceptions: http://www.in.gov/fssa/carefinder/pdf/Rule1.1.pdf

    470 IAC 3-1.1-25 Minimum standards

    Sec. 26. Licensing is not required for a child care home if the provider:
    (1) does not receive regular compensation;
    (2) cares only for children who are related to the provider;
    (3) cares for less than six (6) children, not including children for whom the provider is a parent, stepparent, guardian,
    custodian, or other relative; or
    (4) operates to serve migrant children.
    (Division of Family Resources; 470 IAC 3-1.1-26; filed Nov 14, 1991, 1:00 p.m.: 15 IR 496; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3061;
    readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235)
    470 IAC 3-1.1-27 Application for licensure
    Authority: IC 12-13-5-3
    Affected: IC 12-17.2
    Sec. 27. Application for a license to operate a child care home must be submitted by the applicant every two (2) years to the
    COFC on forms provided for that purpose by the CDFC. (Division of Family Resources; 470 IAC 3-1.1-27; filed Nov 14, 1991, 1:00
    p.m.: 15 IR 497; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3061; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235)

    You should call your state's licensing agency if you feel they are in violation. It takes the community to make sure our children are always safe and protected under the law. https://www.daycare.com/indiana

    Child Care Licensing Agency
    Division of Family Resources
    Bureau of Child Development - Licensing Section
    402 West Washington Street, Room W-386
    Indianapolis, IN 46204
    Phone: (317) 232-1144
    Toll Free: (877) 511-1144
    Fax: (317) 234-1513

    Comment

    • Unregistered

      #3
      You can find your states requirements here: https://www.daycare.com/states.html
      Last edited by Michael; 01-20-2013, 04:07 PM.

      Comment

      • Unregistered

        #4
        How do you know she is unlicensed, did you ask her?

        Comment

        • Unregistered

          #5
          People need to mind there business. If she is not bothering you, then why are you worried. Let that woman make her money. If she was abusing or neglecting the children, nobody would have anything to say. That's what is wrong with the world today, people report the wrong things.

          Comment

          • Unregistered

            #6
            "People need to mind there business. If she is not bothering you, then why are you worried. Let that woman make her money. If she was abusing or neglecting the children, nobody would have anything to say. That's what is wrong with the world today, people report the wrong things."

            First of all, get yourself a spellchecker.....it's THEIR not THERE. Further, unlicensed daycare cast a pall upon all the good care providers out there that follow the law. What's wrong with the world is people like you that think only certain laws and statutes are important. Operating an unlicensed day care is the equivalent of operating a restaurant without the proper safety and cleanliness guidelines. If the woman wants to "make her money" then let her comply with the same statutes and laws that licensed day care facilities must abide by.

            Comment

            • Unregistered

              #7
              I agree, people need to mind their own business. Unless you have witnessed neglect, it is none of your business. What you "think" you know may not be "fact".

              Comment

              • commonsense

                #8
                you should care

                Yes, you should care. If that person is running an unlicensed daycare, they most likely won't be following safety guidelines either. In this day and age, unfortunately, people are really messed up. If you have concerns. Call. The authorities would much rather check it out and it be fine then you not call and the children be not taken care of properly, or worse.

                Comment

                • mac60
                  Advanced Daycare.com Member
                  • May 2008
                  • 1610

                  #9
                  Originally posted by commonsense
                  Yes, you should care. If that person is running an unlicensed daycare, they most likely won't be following safety guidelines either. In this day and age, unfortunately, people are really messed up. If you have concerns. Call. The authorities would much rather check it out and it be fine then you not call and the children be not taken care of properly, or worse.
                  This statement is not true. Just because someone runs an unlicensed daycare, DOES NOT mean they are not following the safety guidelines. I am an unlicensed daycare and follow the guidelines of my state. Just because someone isn't licensed does not mean they do not operate a quality program. I am sure just as there are "bad" unlicensed providers, there are just as many "bad" licensed providers. In my opinion, it simply comes down to people not minding their own business.

                  Comment

                  • Unregistered

                    #10
                    educate yourself

                    Originally posted by Unregistered
                    "People need to mind there business. If she is not bothering you, then why are you worried. Let that woman make her money. If she was abusing or neglecting the children, nobody would have anything to say. That's what is wrong with the world today, people report the wrong things."

                    First of all, get yourself a spellchecker.....it's THEIR not THERE. Further, unlicensed daycare cast a pall upon all the good care providers out there that follow the law. What's wrong with the world is people like you that think only certain laws and statutes are important. Operating an unlicensed day care is the equivalent of operating a restaurant without the proper safety and cleanliness guidelines. If the woman wants to "make her money" then let her comply with the same statutes and laws that licensed day care facilities must abide by.
                    More children are hurt at licensed day care than at unlicensed day care. How does a piece of paper make a difference as to what kind of care you provide?
                    I know parents that have pulled their children from licensed day care to put them in unlicensed. Here in our town a woman was arrested for abusing(pretty badly) her own daughter and guess what she was a licensed day care provider. Oh and hey the lady down the street has a unlicensed daycare and guess what ....she has never done time or abused any children. So abuse and neglect can happen anywhere at anytime. Just because you have had someone from the state come in and tell you what needs to be done and how to run your business doesn't mean that all Unlicensed day care are bad or hurtful to children!!! Oh and its Spell Check. Not spellcheck!

                    Comment

                    • Unregistered

                      #11
                      It's About The Kids

                      From what I have read you all are rite. What some of you are missing is that it is about the kids at the day care. Are you really seeing abuse or are you just ticked off at the "care" provider.
                      We have an day care next to us in our subdivision, Unlicensed, police record, pool without a locked gate (or any gate for that matter), 12-15 kids at one time, screaming and yelling at the kids all day long, the list goes on and on. But what can we do about it? We have made several calls, yet CPS is so back logged they have yet to do anything about it. We worry our selves sick about the kids over there, wondering when we are going to find one face down in the pool.
                      To all of you that say mind your own business, I can't. To those who are throwing accusations around, please be careful. And to all of us, remember what is most important, the wellbeing of our children.

                      Comment

                      • Unregistered

                        #12
                        Are those of you protecting the unlicensed provider who are also unlicensed paying taxes on your earnings?

                        Comment

                        • mac60
                          Advanced Daycare.com Member
                          • May 2008
                          • 1610

                          #13
                          Originally posted by Unregistered
                          Are those of you protecting the unlicensed provider who are also unlicensed paying taxes on your earnings?
                          Please don't make assumptions like this about unlicensed providers. I have been a provider for 9 years and done it legally every step of the way. I am beginning to think that many of you are just jealous that some of us have build a good business and actually making a living at it. Plain and simply....unless you know it is FACT, mind your own business.

                          Comment

                          • Unregistered

                            #14
                            Originally posted by mac60
                            Please don't make assumptions like this about unlicensed providers. I have been a provider for 9 years and done it legally every step of the way. I am beginning to think that many of you are just jealous that some of us have build a good business and actually making a living at it. Plain and simply....unless you know it is FACT, mind your own business.
                            Amen! I think this is the biggest misconception about unlicensed providers! I too have been a provider for quite some time now and have also done it legally every step of the way! In other words.....I pay my taxes just like you!!!! I would also like to add that if you were to break down my weekly rate it only adds up to be about 1.90 and hour when i am entitled to at least min. wage!! So let me ask you this, would you work for 1.90 and hour or even min. wage at your job? Oh and please keep in mind that i do have 15 years under my belt!!! So please don't assume!

                            Comment

                            • Unregistered

                              #15
                              [Go online and google it-or call your daycare licensing department-EASY as PIE- LOL

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