Operating an Unlicensed Daycare

[Unregistered]

Background Checks

Hi everyone! My name is Crystal. I realize I am new here, and I do not mean to offend anyone, but I'd like to share a story, that explains why I consider a license to be pertinent.

When I opened my program 13 years ago, I went through the licensing process. I knew a lady down the street from my home who, at the same time, chose to operate an unlicensed program, which is against regs here in Ca. unless care is only for one family. I chose to mind my own business, I knew her, she seemed like a fine person, as did her (what I thought was) husband, who did some volunteer work for the elementary school that my children were attending. I did lose out on a couple of potential clients, who decided that cheaper was the way to go, but I figure those parents were only thinking about the bottom line, so I probably didn't want them as clients anyway. She ran her business there for about three years, until one day I noticed helicopters flying overhead. This woman, who I never had an issue with, who seemed to be doing all the right things, had alot to hide, hence the reason for not being licensed. The man living in her home had been molesting her daughter (with Mom's knowledge) and had been molesting two three year olds attending her program for some time. He also had several prior felony convictions for drugs and assault charges and the provider herself had done jail time for other offenses. The man is now serving 25 years to life and she did time as well for not preventing it from happening.

I have kicked myself for years over not reporting her unlicensed program to licensing. I COULD have prevented children from being molested, but I chose to "look the other way" because her unlicensed program was "none of my business". In some regard, I have always felt responsible for what occurred in that home.

That being said, of course there are many, many unlicensed programs that go above and beyond. But without that background check, how do we TRULY know that the people operating these programs are who they say they are? Is it a gut instinct that parents should have about the person they are interviewing?

I will NEVER look the other way again. If I EVER come across an unlicensed program, it will immediately be reported, regardless of how clean their home is, how nice they seem to be, or whether or not I "see" any violations other than not having a license. As they say "never judge a book by it's cover" and I think that applies here.

Everyone parent should be given this information weather it is a licensed or unlicensed daycare. Normal babysitters & nanny's usually undergo a background check before working with someones kids and if the parents don't ask for one if they haven't been given one they are jeopardizing their child's safety. Although sometimes the checks don't catch everything they are the first step to finding anything out.
I feel for these children that is very saddening to hear about.
Also as for being licensed I am new to the field I have the ability to get my teacher qualification but I am scared of attaining it because of all the state legal stuff I have to do in Massachusetts it is very hard for me to understand exactly what I need to do. I am afraid if I check the wrong box on accident I wont get qualified or something I need a lawyer to do these documents! Currently I work as a nanny but I want to do childcare at my home. I am not sure if I need to be licensed I only want to take up to 3 kids for care in my home.

And I would be paying taxes on it just under babysitting. Is that wrong?

[Unregistered]

Licensing in Massachusetts

What is the easiest way to get licensed to start an in home daycare in Massachusetts if you have 9m daycare exp and have taken E.C.E classes 101 and intro ? and are CPR 1st Aid Cert.

[Blackcat31]

What is the easiest way to get licensed to start an in home daycare in Massachusetts if you have 9m daycare exp and have taken E.C.E classes 101 and intro ? and are CPR 1st Aid Cert.

Here is the licensing contact info for Massachusetts

https://www.daycare.com/massachusetts/

[KidGrind]

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

I’ll stand up & protect a legally unlicensed provider.

1. I’ve paid taxes since a teenager.
2. I’ve served my country.
3. I am certified to operate & own a home daycare.

[Unregistered]

Operating an Unlicensed Daycare

If you don't have a reason to complain then by all means, MIND YOUR OWN BUSINESS! As a grandmother raising my 2 year old grand daughter, I put my grand daughter in a licensed daycare only to have to pull her out because of unsafe and unclean practices. Then I found a woman who runs an unlicensed daycare out of her home and she is great. My grand daughter has to have speech therapy once a week and "Janet" is great about allowing the therapist to come to her home. Plus she works with my grand daughter on words and signs that the therapist teaches her. She is a Mom who got fed up with working and having her children in the licensed daycare environment because they wouldn't work with her son's allergies. If there is abuse going on, or you believe it is an unsafe or unhealthy environment then call the authorities. As a city inspector, I can tell you that neighbors just love to butt in when they don't need to and tattle on each other. As someone said in one of the comments, when abuse really is going on, no one wants to get involved.

[Angie]

Unlicensed Provider

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.

I couldn't agree more! I have been doing Day Care for over 20 years and I am UNLICENSED in my State. I pay my taxes, I take continued education for CPR, Food Handling, and also Parenting Classes.

The problem in today's society is when your neighbor wants to make your business THEIR business!

[Unregistered]

Unlicensed Daycare

I kind of agree with everyone. We all have our own opinions. But I really agree with just because someone is unlicensed does not mean they aren't following the rules. Take me for instance, I've run a licensed home daycare for 21 years, but am really considering not renewing. It has nothing to do with the taxes, because heck yes I'm going to claim my earnings, because I want my parents to be able to claim it and I like getting all the deductions every year. I think people are fullish for not claiming their earnings and getting all the deductions for food, supplies..etc...My reason for not wanting to renew, is just because of all the requirements that keep changing. I've run daycare like I said for 21 years, have 3 grown boys and I think I'm just getting frustrated with people telling me how to run things. One thing for example is having a newborn who would be prefer to sleep in a car seat and the parents telling you that's what they do and please continue, but I have to tell the parents that it is not allowed because of licensing rules. Or having daycare children who watch your own kids get in the pool but they are not allowed to unless I let one child in at a time and than drain all the water. It's just plan silly. And I'm not sure about the rest of you, but my families become part of my family. We have cookouts, parties and have even gone on vacation together. I have a few parents that I had their child at age 3 and are now in college and we still hang out together. So for someone to tell me how to run my house is crazy! I would still follow most of the rules, like child proofing, first aid and CPR...but somethings are just plan ridiculous. Thanks I just needed to vent!

[Blackcat31]

I kind of agree with everyone. We all have our own opinions. But I really agree with just because someone is unlicensed does not mean they aren't following the rules. Take me for instance, I've run a licensed home daycare for 21 years, but am really considering not renewing. It has nothing to do with the taxes, because heck yes I'm going to claim my earnings, because I want my parents to be able to claim it and I like getting all the deductions every year. I think people are fullish for not claiming their earnings and getting all the deductions for food, supplies..etc...My reason for not wanting to renew, is just because of all the requirements that keep changing. I've run daycare like I said for 21 years, have 3 grown boys and I think I'm just getting frustrated with people telling me how to run things. One thing for example is having a newborn who would be prefer to sleep in a car seat and the parents telling you that's what they do and please continue, but I have to tell the parents that it is not allowed because of licensing rules. Or having daycare children who watch your own kids get in the pool but they are not allowed to unless I let one child in at a time and than drain all the water. It's just plan silly. And I'm not sure about the rest of you, but my families become part of my family. We have cookouts, parties and have even gone on vacation together. I have a few parents that I had their child at age 3 and are now in college and we still hang out together. So for someone to tell me how to run my house is crazy! I would still follow most of the rules, like child proofing, first aid and CPR...but somethings are just plan ridiculous. Thanks I just needed to vent!

I agree....to a point.

I would NEVER allow an infant to nap in the car seat...licensing rule or not, that is dangerous practice for anyone.....parents included.

Also, there is nothing wrong with being a license exempt provider or non-licensed care IF that is allowed in the person's state.

If someone is providing illegal care, then that is breaking the law plain and simple and you (general you) can love the kids and family's as much as you want but love won't set you free from jail if something happened on your watch.

Even if it was not at all your fault...if it's illegal care, it's illegal. period.

If care is LEGALLY unlicensed or licensed exempt, that is perfectly fine.

I carry a license and renew every other year because without the license I am not allowed care for more than one family so I HAVE to have a license.
If I didn't, I can't say for sure I would have one.

[NightOwl]

:: Love the tag "the post that would not end". Almost 300 comments.
I would never nap a child in a car seat. It's against licensing, but it's also dangerous and many organizations on child safety specifically warn against it.
I also wouldn't allow my own children to swim in front of the dcks who could not swim. That's just kind of mean, imho.
It sounds like you're just tired of following rules and want to do things your own way. That's understandable to a degree, but for the sake of full disclosure, you should tell your clients that you will no longer be following state rules and that you intend to do things like car seat sleeping and group swimming or any other thing that is in direct violation of minimum standards for licensed people.

[Little Learners]

I agree, I would not do it illegally and I don't believe you can get insurance which is most important if something were to happen.

If you live in a state, and don't have to be licensed then by all means because once you get licensed you agree to their terms, and they can write you up or revoke your license.

And yes obviously you want to practice safe procedures. I know many parents let their infants sleep in a car seat, I personally wouldn't.

If you have to be licensed in your state then keep your license, that's a no brainer.

[Hollywood, fl]

Help Me please

I live in broward county in south Florida, I live in a apartment complex with about 10 units. Unfortunately I live directly downstairs from a family whom has at least 4 adults and about 4 infants-toddlers and about 3-5 others who range from the age group of 8-16. It is a 3 bedroom 2bath and on serval occasions we've had the police come for different reason,. My main concern now is the fact that we have plumbing issues because our pipe is connected between my apartment downstairs and the unit on top of us, on their lease they put 3-4 people living there. We told the landlord and manager on the property on several occasions but now I need to take it to the next level because they are doing things purposely to flood our apartment, I have seen on several occasions as well as photographed about 3-6 different vehicles per day dropping off at least 2 children each for several hours (and yes I have sat outside and watched). I need a number to call for someone who will come out and investigate immediately. They have been told that they need to move out. But (obviously she knows her way around the law well enough).
These children need help because if it's this unsanitary for us, (literally unlivable conditions) then I can't imagine how they are living upstairs.

Thank u in advance

[Unregistered]

I'm curious how you know they put 3-4 people on their lease? Also curious why your apartment is unlivable and unsanitary? That sounds like a conversation you need to have with your landlord and has nothing to do with whoever lives upstairs. And how what exactly makes you think the upstairs neighbor's place is as disastrous or worse than your disaster apartment?

[Thriftylady]

Wow this is an old thread! But if someone needs to move for sanitary issues, then the landlord needs to deal with that. Sounds like with that many people it may not even be a daycare.

That being said I am appalled at the people who post here and say unlicensed don't provide good care or pay taxes. I am legally unlicensed, don't have to be to keep up to six kids. A big part of the reason I am not licensed is I don't have a fenced yard. My parents know that and know what kind of care I provide. If I didn't provide good, quality care, they wouldn't be here. As far as taxes, I claim my earnings and pay my self employment taxes, including my social security and medicaid. And I give parents my tax info in order for them to claim what they paid on their taxes as a deduction.

[Unregistered]

Okay people

The people who are saying it's okay to run an unlicensed daycare are probably the same people who don't spay or neuter their pets. I see our neighbors running one and I haven't reported anything. But they let little kids play in our front yard, that is going a bit to far for me because I am not responsible if one of these kids hurts themselves. I don't want to see anything happen to these children, but I just want people to know just how much trouble you can get in if you're not covered by a license if one of the kids gets hurt. It's for the kids and for your protection as well because these matters can turn sour quickly if you're running something illegal, we are talking jail time even for accidents so be smart people. That's all I'm saying.

[Blackcat31]

The people who are saying it's okay to run an unlicensed daycare are probably the same people who don't spay or neuter their pets. I see our neighbors running one and I haven't reported anything. But they let little kids play in our front yard, that is going a bit to far for me because I am not responsible if one of these kids hurts themselves. I don't want to see anything happen to these children, but I just want people to know just how much trouble you can get in if you're not covered by a license if one of the kids gets hurt. It's for the kids and for your protection as well because these matters can turn sour quickly if you're running something illegal, we are talking jail time even for accidents so be smart people. That's all I'm saying.

There is nothing wrong with unlicensed. NOT all states require a license. The correct word is illegal provider. There are many LEGALLY UNLICENSED providers that are operating well within the law without a license.

A license doesn't protect you if someone gets hurt but I understand the point I think you are trying to make.

I also want to point out that even if you didn't give her/them permission to play in your front yard, you CAN be held liable if they are hurt when in your yard. The ONLY way you can protect yourself is to NOT let them be in your front yard.