Mods and Michael, I have a proposition for ya.

Is there any way we can make a Sticky listing each state and province (Canada) stating whether its legal or not to be unlicensed, whether you have to be registered, etc.

We are constantly cycling in and out of debates on whether illegal is okay or if unlicensed = illegal, or whether unlicensed = bad daycare, or whatever. And I think a lot of people are simply not realizing that its legal to be home unlicensed in some states, and in some other states, its not.

I just think a simple list may help...I'll personally help out.

Opinions?

Reply

Reply

See my location, up there in the corner? I got tired of defending my unlicensed status so I stuck that up there

Honestly while a list seems like a good idea I think it would be a lot of work to maintain, and the majority of people are not likely to check it before jumping on someone for something. I think it's up to people to clarify when necessary for their own status, and for others to phrase things in such a way as to not be too confrontational. Does that make sense?

I understand where you are coming from though

Reply

What if each member provided info for their state? I think almost every state is represented within the members...

For example, In my state, New York, you must be:
"Registered" to be a family child care program (6 children plus 2 school-agers)

"Licensed" to be a group family child care program (7-12 children)

You can be legally unlicensed (called "legally exempt" here) only if the kids you care for are related to you OR you only care for 1-2 children.

Reply

I love the idea! At least when the situation comes up all anyone has to do is link to the sticky.

Reply

^Georgia is the same.

Churches are exempt.

Employers running a daycare for employees kids are legally exempt as well.

Reply

I don't know if this will help...

unregulated/unlicensed daycare is legal in every province in Canada. The amount of children you can watch in each age group varies but they all allow some form of unlicensed/unregulated care.

http://findingqualitychildcare.ca./i...-and-territory

Reply

California you have to be licensed to run a small family child care (up to 8 kids, with 2 SA), or large with one assistant, up to 14 kids.

Exemptions include: watching one family of children in addition to family members; Running a 4 hour a week program, Co-op childcare arrangements where no money is exchanged. You could technically be over the ratio generally allowed if you are "legally exempt/ unlicensed".

So 10 family members, or co-op would be okay, but 2 children from 2 different unrelated families needs to be licensed. It's interesting how different the rules vary from state to state.

Reply

At the risk of being flamed, I have never seen anyone on this board say anything about providers who are operating legally - licensed or not.

I *have* seen several threads where someone is upset about an illegal provider, only to have legally unlicensed providers take umbrage. I've never understood why

Reply

^This. I have only seen a couple of people (and usually it's unregistered) who defended illegally unlicensed caregivers. I still think it would be a good sticky. Maybe there is a mod here who would like to set one up.

Reply

I have a list (somewhere) that says which states require a license, registration and/or certification but of course, can't locate it at this moment.

I will continue looking.
****************************************************
In the mean time, maybe it will be helpful if each provider lists their state's requirements here and if I can't find the list I have, I will make a new one.

So list your state in BOLD CAPITAL letters in the title line of your post and them list your state requirements.

Please check to see if your someone from your state has already listed your requirements before posting to avoid too much info.

Add info if whoever posted for your state did not include everything.

Once I have all the info, I will make a master chart/list with the state requirements listed according to state (alphabetically) and then make that list a sticky.

Sound okay to everyone?

Reply

Yay! Exactly what I imagined, including the part about everybody posting info pertaining to their own state.

Thanks BC!!

And fwiw...I've been here 2.5 years, and I've seen some version of the discussion come up at least a dozen times. It wasn't always in an arguing way, but most times it was.

Reply

Can't make the title in bold...unless I am just "duhing!"

Edited to add: You can also operate as legally unlicensed ("legally exempt") if you provide care for children less than 3 hours per day.

Reply

It just bolds itself... LOL! YAH!!

Reply

Home daycares are allowed up to 12 children, exclusive of providers own. There are some max age combos.

Home daycare with less than 7 kids can be legally unlicensed. If 4 or more of those children are under the age of 2, including the provider's own, the home must be either licensed or registered.

Homes with 7-12 children must be licensed, and homes with more than 12 children are considered centers and must be licensed as such. If the children all the provider's grandchildren, no license is required, even if its more than 6.

Centers must be licensed or religiously exempt.

Reply

LOL...and it's not even Monday!

How many daycare providers does it take to make a list...

Reply

Listed-This is legally unlicensed sort of. You have an official business number and adults must have a background check, but you are never inspected unless there is a complaint. You can have 3 unrelated children. You can have up to 12 if 9 are related. Related includes children, grandchildren, great grands, nieces, nephews, and I believe, cousins. You are not allowed to have state subsidized kids or participate in the food program.

Registered-You can have 6 children plus 6 school agers, never to exceed 12 including your own.

Licensed. Like registered but there is more leeway in the ages I think.

Reply

In Nebraska, we can watch up to 3 children at one time, not including our own children.

Must be licensed for 4+, and then you must include your own children in the count.

(Ooops, sorry I didn't write it in caps!)

Reply

Just quoting what someone else said!
I'm a licensed provider!

Reply

May legally care for up to 3 unrelated children under the age of 7 without any regulation. There is no regulation for children OVER 7.

Certified is regulated care for up to 3 children under the age of 7, plus 3 additional children over age 7.

Licensed family is up to 8 children, any age, INCLUDING the provider's own children under age 7. So, if you have a 2 yo and a 7 yo yourself, the 2 yo counts in your numbers, but the 7 yo doesn't. You neighbors 7 yo, however, does.

Licensed centers are 8+ kids.

Churches that also have a SCHOOL can have a daycare without licensing of any kind. They are then licensing exempt. If they do not have a grade school, they must be licensed.

There are ratios to maintain within each regulation based on how many children are under age 2.

No single provider may care for children for more than 16 hours per day, and only 12 of those may be licensed care. So, if one wanted to provide 24 hour care, a second provider must be AWAKE all night. And, they WILL come check...

One must be regulated (certified or licensed) to accept state funded children.

Reply

Straight from the state's website:

"If you are caring for more than two children who aren't related to you for more than four hours a day, you might need to be licensed. If you do not meet any of the exemption scenarios provided below, then you need to apply for a license. The exemptions are:"

It then goes on to explain exemptions are for situations like Vacation Bible School, activities like music lessons or dance or sports, drop in care at places like malls, stuff like that.

So, essentially, you have to be licensed to care for more than two kids who aren't related to you for more than four hours/day (which means you could run a preschool for 3-4 hours and not be licensed, which I thought about doing, but insurance plus just making it profitable on paper was getting difficult).

There's also a detail somewhere that states that if all of the children are related, then licensed care is not required. For example, a parent of six kids could hire a babysitter without worrying about licensing issues, but I can't remember where I read that.

In our state there is no "registered" or "listed" status. Just straight to licensed for more than 2 kids. Oh, and our own preschoolers count in our number of children allowed, but SA's don't.

A FCCH can have up to 5 preschoolers and 3 SA's. There's also a "center in a residence" status that is between FCCH and center which allows for more children (12 I think). But you have to have an assistant and there are many more regulations, almost like a regular center.

I think I might want to move to Virginia now.

Someone from NC doing this longer than me may have better information. Please correct me if I'm wrong.

Reply

I think this idea would be much easier...

How about if in our heading with our name, location, join date, post count, etc we can state what type of childcare we are - legally unlicensed, licensed, center, etc.

Reply

Plus in our state, different counties have different rules. I think Florida has some basic rules for everyone but not even sure about that. I just know the rules for my county. I have to be licensed. Some counties don't.

Laurel

Reply

Licensing for home-based day care IS NOT required as follows: When child care is provided for not more than two children unrelated to the provider for 20 hours a week or less and the home has not been closed as a result of enforcement action. Total time is determined by adding the hours each child is cared for weekly."

Limits for Family Daycare Home License (1 Provider) -
10 (7 18 mo to 5 years, 3 school aged) OR
10 (1 under 18 mo, 5 18 mo to 5 years, 4 SA) OR
9 (2 under 18 mo, 4 18 mo to 5 years, 3 SA OR
8 (3 under 18 mo, 3 18 mo to 5 years, 2 SA

Group Daycare Home License (1 Provider present)

9 (2 1/2 to 11 years) OR
10 (3 to 11 years) OR
12 (5 to 11 years)

Group Daycare Home License (2 Providers present)
12 ( 1 under 18 mo, 8 18 mo to 5 years, 3 SA) OR
12 ( 2 under 18 mo, 7 18 mo to 5 years, 3 SA) OR
12 (3 under 18 mo, 6 18 mo to 5 years, 3 SA) OR
10 (4 under 18 mo, 6 18 mo to 5 years, 2 SA OR
12 ( 5 18 mo to 2 1/2, 7 2 1/2 to 11)


*older age groups can be subbed for lower age groups (can have 10 SA for example)

*Children over 11 but under 18 count as SA if care exceeds 3 hours per week total for age group.

* If group licensed and 1 provider present must meet ratios for EITHER Group Home 1 provider OR Family Home Daycare

There are also some exceptions for prek half day children and SA before/after and holiday care

Reply

Just bumping this. Keep adding, guys!!

Reply

that's cute

Reply

I am exempt from any state or country requiring licensing. I am certified by the military installation my spouse is attached to.

Reply