Operating an Unlicensed Daycare

[Stephan]

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]

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. http://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

[Unregistered]

In Indiana, you can have 5 children before being licensed. Is this provider bothering you in any way with her operating a small home daycare? If not, why do you care what she does?

[Unregistered]

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

[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.

[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.

[Unregistered]

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".

[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.

[mac60]

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.

[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!

[Unregistered]

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.

[Unregistered]

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

[mac60]

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.

[Unregistered]

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!

[Unregistered]

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

[Unregistered]

If you choose someone who is unlicensed, be sure they are following the law. In Minnesota a person may do unlicensed care if they care for relatives and one unrelated family. This includes the caregiver’s own children.

A person cannot do unlicensed care if they have applied for child care and they were denied a license, had their license revoked, or their license is currently suspended. You can check if a person has had a negative action on a license by calling your county’s social service licensing department,

If a person is caring for more children and is doing so illegally, you may have your child care disrupted by the fact that they may be cited for illegal child care. This could cause a problem in looking for alternative care without having the time to choose carefully, as well as being a disruption to your child. Using illegal unlicensed care is risky and ill-advised.

There is nothing wrong with being unlicensed-but being licensed has so many more benefits-:-)

[Missiw22]

I was wondering if someone could help me find out what the regulations are for an unlicensed childcare provider in the state of NY. I've been trying to figure it out and keep coming to dead ends because everything I've found is about licensed care! I already do childcare but I've gotten so many contradictory answers from people on another site that I'm really confused now! I don't know where to turn. I want to be sure that I'm following my state's regulations properly.

[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.


When would you say it becomes our business? How about when the parents parking for dropoff/pick-up block the area designated for MY vehicles or MY guests as they hang out and chat for twenty minutes every afternoon? How about when they actually block MY DRIVEWAY? How about when they hit MY CAR PARKED IN FRONT OF MY OWN HOME as they barrel out of the daycare's driveway? How about when a daycare parent parks in front on my home for well over an hour, blocking my garbage can and causing the weekly pick-up to skip collection at my home for the week?


Hmmm?

All happened.

Is it MY business then?

YOUR business should not interfere with me or my residence. If and when it does, then it becomes MY business.

These rules and regulations exist for a reason.

Oh, and btw, I happened to run a LICENSED home daycare for several years. So, yes, you better believe I will report anything not on the up-and-up.

[lilbiddapopcorn]

When would you say it becomes our business? How about when the parents parking for dropoff/pick-up block the area designated for MY vehicles or MY guests as they hang out and chat for twenty minutes every afternoon? How about when they actually block MY DRIVEWAY? How about when they hit MY CAR PARKED IN FRONT OF MY OWN HOME as they barrel out of the daycare's driveway? How about when a daycare parent parks in front on my home for well over an hour, blocking my garbage can and causing the weekly pick-up to skip collection at my home for the week?


Hmmm?

All happened.

Is it MY business then?

YOUR business should not interfere with me or my residence. If and when it does, then it becomes MY business.

These rules and regulations exist for a reason.

Oh, and btw, I happened to run a LICENSED home daycare for several years. So, yes, you better believe I will report anything not on the up-and-up.

All that could happen even with the provider being licensed if she lived next to you. And the original post that brought on this discussion didn't say it was the provider's choice of business that upset him/her it was whether or not they're licensed to care for children. Like a lot of other posts here, i'm wondering, unless there's neglect or abuse going on, why would you bother checking up on her? I mean, what are you going to do if she is licensed? Just a thought.

[Unregistered]

All that could happen even with the provider being licensed if she lived next to you. And the original post that brought on this discussion didn't say it was the provider's choice of business that upset him/her it was whether or not they're licensed to care for children. Like a lot of other posts here, i'm wondering, unless there's neglect or abuse going on, why would you bother checking up on her? I mean, what are you going to do if she is licensed? Just a thought.

Actually, I have since checked up on her and SURPRISE, she wasn't licensed. Yes, all these things can happen with a licensed daycare -- I never said it couldn't. I responded to a post saying if a daycare isn't bothering you, it's none of your business. I was pointing out how a neighbor's daycare IS open for judgment by any of the surrounding home owners.

Like I said, I ran a licensed daycare for years. There is a way to do it and not disturb the surrounding residents. Unfortunately, people who don't follow the law as far as licensing goes, tend to not care about being a nuisance to their neighbors, either. It goes hand in hand.

[Unregistered]

okay, so she is UNLICENSED, so now what is YOUR next move????

[Unregistered]

Actually, I have since checked up on her and SURPRISE, she wasn't licensed. Yes, all these things can happen with a licensed daycare -- I never said it couldn't. I responded to a post saying if a daycare isn't bothering you, it's none of your business. I was pointing out how a neighbor's daycare IS open for judgment by any of the surrounding home owners.

Like I said, I ran a licensed daycare for years. There is a way to do it and not disturb the surrounding residents. Unfortunately, people who don't follow the law as far as licensing goes, tend to not care about being a nuisance to their neighbors, either. It goes hand in hand.

Really cause i run a unlicensed daycare and i have never had a problem with my neighbors!! And you know what, I can run an "private daycare", its my right and my "private daycare" is legit and legal. Like i said before licensed or unlicensed, doesn't determine the type of care that you provide.

[Unregistered]

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.

[Unregistered]

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.

And ya know that is your right as a parent to prefer a licensed daycare provider. However, it is not state law that i be licensed if i only keep certin amount of children.So I'm not breaking the law! Also what makes you think that unlicensed daycare providers donn't claim there income? I pay my taxes just like everyone else. And another thing, you don't have to "licensed" to take child care courses! I am certified CPR (Adult, infant and child) and i also have 15 years of education all related to my career. All paid for out of my pocket! I have excellent references and a clean background. Oh ya, and i did nanny for 5 years for a family. I'm sorry but just because i don't hold that LICENSE doesn't mean that I am uneducated or a bad daycare provider. FYI: i haven't had to advertise for 5 years now, i operate on word of mouth and i also have a 6 month waiting list. Hows that for UNLICENSED.

[Unregistered]

If you have all the background that you state then you should know better than anyone why you should be licensed, professionalism being top on your list and keeping up with the most current ECE theories and requirements.

[Unregistered]

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.

You are way out of line. Just b/c she is inlicsenced it does not mean that she is not followign safety guidlines. There are many licsenced centers that do not follow proper safety codes. It needs to be the responsibility of the parents and the daycare provider. Unless there is abuse or neglect, it should not involve the neighbor.
You should not speculate the reasons of someone who would choose to not become licsenced. You do not know her situation. Perhaps she is just starting out. You are probably unaware but it takes a lot of time and money to become licsenced. The pay is not consistant, and after taking care of expenses it is not as much as you would think. Very few people have the time and money to become licsenced before starting to get families in their daycare. I run a home daycare.I am not licsenced, for a few diff reasons. One is that the work hasn't been consistant enough for me to take the time and spend the money needed to become licsenced. Another reason is that I only plan on being a provider for a few years , until my kids go back to school. And the biggest reason is that None of my parents give a hoot. THey all love me, and it is because I know what I am doing, and they know they can trust me.

[uno]

If you have all the background that you state then you should know better than anyone why you should be licensed, professionalism being top on your list and keeping up with the most current ECE theories and requirements.

when speaking of ECE theories and requirements that pertains to and I quote "curriculum in a "Head Start" program which is designed to meet the needs of each child. One goal is to build self-esteem that is seen as necessary to future success in school. Staff encourage self-confidence, curiosity, and self-discipline. A variety of learning experiences are designed to meet the children's needs in the various areas of development. Staff should work as a team to implement the new government issued curriculum and teach children, based on their interest and in a fun way. Parent involvement should be the heart of the program. Preschool children must be provided with early literacy, awareness and intervention in order to perform better during the later years. This will lead the to success once they enter schools,and put them on the right track by being well prepared with the right and appropriate equipment."
you are speaking to "home day care providers about home day care issues!"
these are two seperate and distincts entities.
it would behoove you to use knowledgeable descretion when doling out advice.

[Unregistered]

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.

I agree with you on that because I am also an unlicensed provider who follows the state regulations but it is so costly to become licensed that I am not able to afford it right now. There is the rule of no more than 5 unrelated children in care at one time and I do follow that also. That is the law and I do not have any intention of violating that. Are there a ton of children at the house? Have you witnessed them being not watched?? I feel that I am providing a service to my town because of the quality of the licensed providers and ministries in the area. Just because I do not have a piece of paper on the wall does not mean that I do not provide quality childcare.

[Unregistered]

When would you say it becomes our business? How about when the parents parking for dropoff/pick-up block the area designated for MY vehicles or MY guests as they hang out and chat for twenty minutes every afternoon? How about when they actually block MY DRIVEWAY? How about when they hit MY CAR PARKED IN FRONT OF MY OWN HOME as they barrel out of the daycare's driveway? How about when a daycare parent parks in front on my home for well over an hour, blocking my garbage can and causing the weekly pick-up to skip collection at my home for the week?


Hmmm?

All happened.

Is it MY business then?

YOUR business should not interfere with me or my residence. If and when it does, then it becomes MY business.

These rules and regulations exist for a reason.

Oh, and btw, I happened to run a LICENSED home daycare for several years. So, yes, you better believe I will report anything not on the up-and-up.


I think that if they are affecting you with their business then it is a good idea to try to talk to them about it. Whomever is running the daycare should speak to the parents about where to park (or not park) for pick up or drop offs. Its just common sense, they should be more considerate of their neighbors.

I used to pick up my friends daughter from daycare all the time and I was very careful where I parked so I didnt upset the neighbors. Too many people just dont think about anyone else but themselves.

[Unregistered]

People seriously need to get a life and get their noses out of everyone else's.

To begin with.. 5 kids plus her own kids would look like a LOT of kids to the unexperienced eye. So she may be unlicensed but that doesn't mean she's operating illegally.

Secondly, just because someone is unlicensed does not mean they don't pay taxes. I have been unlicensed for 16 years and was licensed 6 years before that. I've always paid my taxes, so get over yourselves.

Thirdly.. It is true that more kids are hurt in licensed facilities than unlicensed. BUT, that doesn't mean that licensed is bad. But being licensed doesn't mean the facility is good either. It may just mean that more people choose to become licensed so they can get on the food program. So it stands to reason that there would be more children hurt in licensed facilities. For one thing, licensed facilities almost ALWAYS have more kids and more kids are more difficult to manage. I provide a much better service as a small unlicensed caregiver than I did when I was licensed for 10 kids all by myself PLUS my own 3 children that don't count against me in my state.

I've been in business 22 years without a single accident in my home. I pay my taxes and make a decent living. My parents and kids are happy.

[Ms.Sue]

my question is the same as one of the other posts ---how do you know 100% that this person is UN-licensed???????????????????

Ms.Sue