Operating an Unlicensed Daycare

[jab22]

Question

Hello I was curious if in the state of massachusett it is legal to watch two children from the same family without being licensed for a short amount of hours weekely?

[Cat Herder]

Hello I was curious if in the state of massachusett it is legal to watch two children from the same family without being licensed for a short amount of hours weekely?

Family Child Care Licensing Policy Statement
Number: P-FCC-11

Family child care regulations exempt some care taking relationships from licensure, including occasional care and informal cooperative arrangements among neighbors or friends. Child care must be either licensed/licensable (license required) or exempt (no license required). Exempt care cannot be combined with licensed care.

In determining whether a care taking arrangement is exempt from licensure, the Department first determines whether a family child care home is operating on a regular basis. If it is, then the Department reviews the child care being provided to determine whether it is an informal cooperative arrangement or the occasional care of children.

Regular Basis

A family child care home is operating on a "regular basis" if the care is available for more than one day per week and for more than eight weeks in a twelve-month period. If the care being provided does not meet both of these criteria, it is not subject to licensure.

Occasional Care

Occasional care occurs when no child is present more than one day per week or more than a total of 8 hours in a week, or when no child is in care for more than 30 days from the initial date of placement. If the care provided does not exceed either of these limits, then it is not subject to licensure.

Informal Cooperative Arrangement

Care taking is an informal cooperative arrangement among neighbors or relatives if any of the following circumstances apply:
all children in care are related to the caretaker by blood, marriage or adoption; or
parents care for each other's children on an equal, informal basis. They do so by feeding, napping, diapering or supervising the child(ren). There are no hired personnel and no-one receives monetary or non-monetary compensation for their services; or
care is provided to only one child unrelated to the caretaker and is determined to be informal and cooperative because the relationship between the caretaker and parent(s) is based on friendship or common interests such as school, community, church, charitable or volunteer work or similar activities, and the relationship between the parents and the caretaker pre-dates the care taking situation.

In making any determination on an application for exemption, the Department will consider whether the caretaker is currently or was formally licensed by the Department or by OCCS and if so, whether the Department or OCCS has taken legal action against the caretaker or accepted a voluntary surrender of a license in circumstances where enforcement would have been justified. Further, the Department will consider whether the caretaker cooperated with the Department or OCCS and was truthful in providing the information necessary to evaluate the exemption request.

[jab22]

Hello

Thank-you. I would have them 10 hrs weekly and they are not relatives but the mother and I are friends. With that being said though she offered to pay me so then am I to understand as soon as money exchanges hands I have to be license? Thanks again.

[Cat Herder]

Thank-you. I would have them 10 hrs weekly and they are not relatives but the mother and I are friends. With that being said though she offered to pay me so then am I to understand as soon as money exchanges hands I have to be license? Thanks again.

That is my understanding according to what I pulled directly from your licensing page above.

I highlighted the parts that lead me to that conclusion. Now, I am not a lawyer and I have been wrong before, so feel free to give your CCR&R a call and ask in person.

Sometimes even in their office they will have 3 people with three different answers... It is the nature of the wording.

[dave4him]

Oklahoma is crazy. I heard a story in the news a while back that a lady with several of her own kids allowed other parents to drop off their kids at her house before school as a safe place to hang out. Someone got wind of it can complained since she was not a permit carrying daycare. Not sure in that case it should matter. THe kids were only there for a little while before and after school.

[Unregistered]

tit for tat

Wow, all of this opinion flying around just because someone inquired about a license for babysitting/daycare. I personally think that it should be a parent's choice. It is all about trusting someone with your children's life. I had babysitting issues and it ended up all boiling down to if I trusted them...and I mean truly felt in my gut trust and I was very fortunate to have found that care. I have been considering opening up child care services mainly because I am tired of seeing single moms (I am not one) trying to find good reliable child care and not have to worry about being raped of what money they do earn spending it on the care of their children. What is the purpose of working if you are only working to pay for child care, just stay home and do it yourself because truthfully it would be cheaper. I am a fortunate enough person to be allowed to make this option of a specific type of child care. Hats off to those who are licensed and have a piece of paper to show people they are doing it all by the books, and hats off to those who provide great child care without the paper saying you have enough common sense to provide great child care and it shows every time that child begs to stay and it can be seen in the home.

[Unregistered]

reply

"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.

Okay I find that very funny. I agree with the woman who stated mind your own. YOU LOL... went and stated, "GET A SPELLCHECKER" now, it might be said it's THEIR vs THERE; However she did spell correctly, it's called GRAMMAR sweet heart.

Check your GRAMMAR, although you are NO idiot, I'm sure and KNEW what the woman was getting at. Are you OLD or something? possibly JEALOUS? Unless they are loud. Come on, she's probably a stay at home mom, who knows making min. wage and leaving her child makes nothing, so she stays home...makes money and can stay with her kids and helps others out.

Get over yourself, and next time YOU correct someone- CHECK YOURSELF!

[Unregistered]

Level Playing Field

As a licensed daycare I have a problem with people being able to continue operating illegally, and yes it is illegal and can be punishable as a Class A misdemeanor with a fine of up to $100.00 per day while operating without a license! To become licensed you must meet many safety standards both within the home (fire extenguishers, walk-outs, smoke detectors, etc) and personally (Insurance, CPR/First Aid. Fingerprinting, TB, etc.), which all come at a cost to the provider. If you have helpers, they to have many of the same requirements that most providers pay for. Since you incur all these costs, you must then adjust your daycare rates accordingly so that you are making money at your business (yes, this is a business for anyone who watches children, legally or not). When a provider does not have to meet the standards or pay any additional costs by operating illegally, they can offer daycare at a lower rate. For those of you who see no issue with this, put yourself in this senario. You follow the rules and do everything you are suppose to for your business, while a person across town does everything illegally and is able to gain a larger profit by doing it this way, how can you see this as being ok?

[Unregistered]

Just get your license!!!!

Just get your license like all other license child care providers so this can be a mute point.

[Unregistered]

Oookkk .......

Running an unlicensed daycare does typically say "the type of care you do provide". If it is a state law that you MUST be licensed to run a daycare in your state, then you SHOULD be LICENSED. If you can break that law, what other laws could you be breaking??? It is not difficult to get daycare licensing. The law is there for a reason. It is to govern daycare providers so that they follow the rules and regulations for that business. The state has this law so that in case there is a problem with the care your child(ren) are receiving in a daycare, it can be handled. I myself, as a parent DO WANT A LICENSED DAYARE PROVIDER FOR MY CHILDREN. I am willing to pay the going rate or more for a licensed daycare provider just for the peace of mind of knowing that that provider and whoever is in her household that will be around my children have a complete criminal background check for the safety of my children. Why would anyone put their childs safety or life in someone else's hand without checking them out first. Being a licensed daycare provider, I at least know that the place has to be inspected for safety and that there will be random unnotified inspections that the provider will receive as well as having to go to classes to update her knowledge as being a daycare provider; such as CPR, First Aid, how to discipline, ect. And by the way, what reason would you not have as to getting licensed? Do you not want to claim your income at tax time? Wake up people, there alot of crazy nuts out there as it is, why would you even think about risking the safety of your child. I am not saying that all unlicensed daycare providers are this way but what is the downfall in NOT BEING LICENSED? Besides, being a licensed daycare provider will get you more business. When parents are looking for daycare they usually call the state licensing office for a list of providers in their area. And to be on the side of the licensed providers, I give them much credit for dealing with the crap that they have to go through in order to be a LIGITIMATE LICENSED DAYCARE PROVIDER. My neighbor is also a non-licensed daycare provider and it erks me to no end that she provides daycare to other peoples children when she neglects the 3 kids she has (ages 10, 6, ans 3). I can say this because she pawns her kids as well as her daycare kids off in my yard so that they can play with my children and I end up watching them so that they don't get hurt, while she sits on her A** all day with her husband (who doesn't work because he was fired for watching **** on the computer at his job). This is one of those reasons why I say GET A LICENSED DAYCARE PROVIDER so that everyone that is around your children can be checked out. Better to be safe then sorry. Your child only has 1 life!!! A caring mother in Laurel, Delaware.

Ok.....I had an unlicensed daycare. Prior to opening mine, I worked in a LICENSED home daycare! First off there are pros and cons to BOTH!!! I saw a lot of things at the licensed home and thought nope! So I started my own....I kept 3 children and ran it as if it were licensed. I also provided a curriculum for the kids. We learned Spanish as well. We played, had routines, did school, music time, reading time, prayer, etc. The families I had did not want a big licensed home. Some prefer small and some prefer big. My example for this was....the place I worked at prior was licensed with 16 kids. We were full!! However she had her own kids as well....one who was 17 at the time and 19 now I believe and not any different. He was great with kids but he had an anger problem, alcohol, and drug problem!!! Guess what....she's licensed and gets inspected and no one even knows!!!! Again it's all about the CHARACTER OF THE PERSON, CARE PROVIDED, CLEANLINESS, AND EXPERIENCE! You have to know what to look for in a provider!!! (also...I was CPR/First Aid certified, SID Certified, etc....I chose to take classes)

[Unregistered]

I am unregistered

Any one that is UNLICENSED is UNLICENSED for a reason -- they do not follow the rules otherwise they would see to it to be LICENSED even if it was not required for the number of children they keep. People that babysit inside their homes are usually uneducated to begin with-- or they would set up a proper business.

I find this statement highly offensive. I have a bachelors degree in social work. I follow all state laws that a licensed facility fallows , including but not limited to, number of children, meal plans, CPR and first aid certified, report income, give end-of-the-year statements, etc. I run my home daycare just like a business in all aspects and I have several years experience working with children from before I even started my own business. Whoever wrote this is either uneducated or doesn't understand that there are many reasons people go into this business. Yes, there are always some people who will fit your description, but to lump EVERYONE into that category is rude and misleading.

[Unregistered]

I find this statement highly offensive. I have a bachelors degree in social work. I follow all state laws that a licensed facility fallows , including but not limited to, number of children, meal plans, CPR and first aid certified, report income, give end-of-the-year statements, etc. I run my home daycare just like a business in all aspects and I have several years experience working with children from before I even started my own business. Whoever wrote this is either uneducated or doesn't understand that there are many reasons people go into this business. Yes, there are always some people who will fit your description, but to lump EVERYONE into that category is rude and misleading.

Agreed! I take my kids to an unlicensed person. First of all, daycare centers and licensed homes charge too much. Can't afford it. Second, the daycare centers I visited always seem to have the kids sleep long hours in the day or not to ensure my kids are eating appropriately or using the bathroom appropriately.

This lady cooks, cleans, makes sure my kids eat all their food, use the toilet on time to avoid constipation and UTI's, plays with them, has activities for them, and loves them. She only doesn't have a license because she doesn't want to have to be obligated to give medicines that she doesn't agree with (i.e. tylenol, cold medicines) but at the same time wants to be able to give medications in an emergency without all the "forms" (i.e. Epi pen or inhalers, etc). Bottom line? She's who is best for us and I respect her much more than the schools who would let a child die or suffer because of some stupid form (think: kid who got suspended for giving a friend his inhaler to save his life during an asthma attack or the teacher who got in trouble for administering another student's epi pen JR when she couldn't find the boy's rx she KNEW was on file (ALL SAME DOSES BTW) and saved HIS life.). Yeah, I'll go with the UNLICENSED one. And her home is just as safe, btw, so some people are pretty judgmental just because they just don't know what real life is like.

[morgan24]

Agreed! I take my kids to an unlicensed person. First of all, daycare centers and licensed homes charge too much. Can't afford it. Second, the daycare centers I visited always seem to have the kids sleep long hours in the day or not to ensure my kids are eating appropriately or using the bathroom appropriately.

This lady cooks, cleans, makes sure my kids eat all their food, use the toilet on time to avoid constipation and UTI's, plays with them, has activities for them, and loves them. She only doesn't have a license because she doesn't want to have to be obligated to give medicines that she doesn't agree with (i.e. tylenol, cold medicines) but at the same time wants to be able to give medications in an emergency without all the "forms" (i.e. Epi pen or inhalers, etc). Bottom line? She's who is best for us and I respect her much more than the schools who would let a child die or suffer because of some stupid form (think: kid who got suspended for giving a friend his inhaler to save his life during an asthma attack or the teacher who got in trouble for administering another student's epi pen JR when she couldn't find the boy's rx she KNEW was on file (ALL SAME DOSES BTW) and saved HIS life.). Yeah, I'll go with the UNLICENSED one. And her home is just as safe, btw, so some people are like.pretty judgmental just because they just don't know what real life is

Sounds like a wonderful daycare lady, but does she realize the risk she is taking everyday. Depends where you are but in my state it is illegal to do daycare without being licensed, you can get fines. Not worth the risk to be unlicensed to me. There also isn't an insurance company that will insure you without being licensed. Having a signed form for medications is a form of protection for the provider in case something goes wrong, with children you never know. She also is at a risk if she is not paying taxes on her income, someday she may be dealing with the IRS.

I'm licensed to avoid getting a fine and to be able to make sure that I'm properly insured in the event of an accident. I have the signed medication form giving me written permission to give the required medicine, to protect ME. Being licensed has never made me give a medication that I did not agree with.

My example of unlicensed daycare in my area is, lady had 4 kids she was watching. An 8 year old boy was jumping on the trampoline and fell off and broke his leg and arm. Had she been licensed she wouldn't of had a trampoline they aren't allowed. She had no insurance, she has now lost her home and owes the family $60000.00 in medical and damages.

[Countrygal]

I find it interesting that this unregistered guest says it is not difficult to get licensing. If this is true, it is certainly different in their state!


I had a big, long explanation typed out and decided.....nah, not worth it.....

[AnneCordelia]

I have a college degree but chose childcare. I am not uneducated.

I run an unlicensed daycare from my home. I follow all the guidelines set out by my provincial government, however there is no licensing protocol required for me to care for 5 or fewer children, not including my own.