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another 12:17 AM 11-09-2013
I'm not sure where to ask this but I was needing some help.

My wife has been running a home daycare for 20 years. 20 years without incident or any complaints. Recently the state contacted her telling het she needs to be licensed because she is watching five children. She has been operating for years w/o a license and is discouraged by their threatening notification. She looked into getting a license and the rules and fees and did not like the way it looked at all. My wife has raised many children well and many of the kids still visit us and their families are still close but someone contacted the state and told them we have one more child that is allowed for an unlicensed business. Can they make her comply? I realize they don't care that she has been running a loving, safe place for twenty years without a problem or complaint or incident.

She is considering quitting which would be a great shame. We are in the state of Arizona and neither her or I know of any other options on how to avoid becoming state regulated.
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Sugar Magnolia 02:50 AM 11-09-2013
Yes, they can and they will make her comply. They can impose heavy fines or issue an order to cease and desist. These rules apply to everyone in your state, including your wife. I'm sure she is a wonderful provider, but part of being a great provider includes operating LEGALLY. There are many threads here about illegal operation of a daycare. Why not just take one less child to be allowed to operate legally unlicensed?
It's really very simple......comply with the laws of your state or don't watch children. These laws are created to protect the safety and well being of children, so they are not open for debate. I am sure your wife has a loving and safe program and does a great service for these kids and I wish her the best, but she has to do it by the book, or the state can throw the book at her.
Legally unlicensed = perfectly fine
Illegally operating = totally uncool

I truly hope she decides to get licensed and continue to provide quality care! Good luck.
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Laurel 05:12 AM 11-09-2013
It is the same as any other law. I get jealous when, in other states, one could even watch more than one child without a license. But the law is the law.

Yes, they can make her comply.

Licensing is a little bit of a hassle but not that big of a deal.

Laurel
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Margarete 08:28 AM 11-09-2013
Originally Posted by another:
I'm not sure where to ask this but I was needing some help.

My wife has been running a home daycare for 20 years. 20 years without incident or any complaints. Recently the state contacted her telling het she needs to be licensed because she is watching five children. She has been operating for years w/o a license and is discouraged by their threatening notification. She looked into getting a license and the rules and fees and did not like the way it looked at all. My wife has raised many children well and many of the kids still visit us and their families are still close but someone contacted the state and told them we have one more child that is allowed for an unlicensed business. Can they make her comply? I realize they don't care that she has been running a loving, safe place for twenty years without a problem or complaint or incident.

She is considering quitting which would be a great shame. We are in the state of Arizona and neither her or I know of any other options on how to avoid becoming state regulated.
I don't know what the exact rules are for Arizona, but it sounds like she has the option to watch one less child and be legally exempt, or become licensed. Double check all of your allowed exemptions to see if any other apply, or could apply. She may even need to do that during the licensing process. I think fines for not being in compliance are 200 a day in my state, I don't know what penalties they have there.

There are advantages to being licensed, you could enroll in the food program, and get reimbursed for meals served, and there may be some additional funding available, but I know it's annoying to sometimes deal with the 'rules', paperwork and red tape required. You both can get help and vent your frustrations about it on this forum. Good luck.
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TwinKristi 09:04 AM 11-09-2013
In my state I can only watch 1 other "family" so as long as they're siblings I could watch 5 kids without a license and participate in the food program. But once I watch unrelated children I must get a license and would be penalized $500/day that I operate without one. It's hard for those of us who do comply with the laws and regulations of licensing to really understand operating illegally when one less child would keep you in regulation and perhaps you could get on the food program in your area? It may take away one child's tuition, but if license exempt providers can participate, it would make up for it. Maybe even add income!
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Heidi 02:06 PM 11-09-2013
I agree...either drop the one extra child (double check that this is, indeed, the limit), or get regulated. The benefit is that she can then join the food program, and get reimbursed for food she gives the children.

We have several people in our community who operate illegally, and have been doing so for 12 or 15 or 20 years. WI does not do a good job of shutting them down or forcing compliance. For those of us who do make the effort to operate legally, it's very frustrating.

I don't think anyone would be ok with their neighbor driving a car without a license, just because they are a "good driver", or if someone who is a great cook just started a restaurant out of their kitchen. Most people wouldn't be "oh, well, as long as they are good cooks (drivers), why not?"
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Blackcat31 07:37 AM 11-10-2013
Curious....but did she (and you) just now find out that she needs a license or has she always known she needed one but just never got one?

Either way, a law is a law. She needs to follow it regardless of whether she has run a quality program for years or not.

Illegal is illegal no matter which way you look at it.
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another 11:07 PM 11-10-2013
Originally Posted by Blackcat31:
Curious....but did she (and you) just now find out that she needs a license or has she always known she needed one but just never got one?

Either way, a law is a law. She needs to follow it regardless of whether she has run a quality program for years or not.

Illegal is illegal no matter which way you look at it.
We only found out recently. All the years she has been taking care of children she has always thought it was an option and no one told her otherwise.

We have always obeyed the law and this will not change. My wife looked into it and besides a licencing fee that she said was over a thousand dollars and regular home inspections she thought it might be worth giving up the business. We have nothing to hide but them regularly coming over and going through our house whenever they wanted seemed wrong. My wife ran a professional day care center for years before she started this and knows about inspections. She checked the guidelines by the state and she would have no problem with inspections but the idea of them coming into our house and walking around whenever they wanted bothered her.

We considered dropping one child but she is close to the children and parents and would have a hard time dumping one over any of the others. I will suggest to her to get licensed and I will check the requirements myself for her because most of the negatives she heard were from a friend that went through the same thing and not a state rep.
Thank you
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Blackcat31 06:57 AM 11-11-2013
Originally Posted by another:
We only found out recently. All the years she has been taking care of children she has always thought it was an option and no one told her otherwise.

We have always obeyed the law and this will not change. My wife looked into it and besides a licencing fee that she said was over a thousand dollars and regular home inspections she thought it might be worth giving up the business. We have nothing to hide but them regularly coming over and going through our house whenever they wanted seemed wrong. My wife ran a professional day care center for years before she started this and knows about inspections. She checked the guidelines by the state and she would have no problem with inspections but the idea of them coming into our house and walking around whenever they wanted bothered her.

We considered dropping one child but she is close to the children and parents and would have a hard time dumping one over any of the others. I will suggest to her to get licensed and I will check the requirements myself for her because most of the negatives she heard were from a friend that went through the same thing and not a state rep.
Thank you
Well, as much of a pain in the tushie as it sounds, it appears she really only has two options. Either get licensed or drop one child.

It is a "creepy" thought that licensing can come into your home and inspect at their choosing but at the same time, imagine this scenario from a clients standpoint. Not only is this their child's care place but it needs more than just you or your wife's assurance that it is safe and meeting all the safety rules that are now required of family child care providers.

Plus the state views your home as a business during business hours.

If you are truly not doing anything wrong and your wife runs a great program, then I would just allow them to visit per licensing rules. IN my state they only check and look at areas designated for child care. If we don't use our master bedroom for napping or any child care activities, then they don't inspect that part of the home...kwim?

I also think your wife should contact your local Child Care Resource & Referral as they are awesome at helping providers through these processes, not to mention MAY have grants available to help pay for some of the costs you are now looking at. http://arizonachildcare.org/

Here are some other helpful links
http://azdhs.gov/als/childcare/
https://www.daycare.com/arizona/ariz...are-licensing-
requirements.html


Also it appears that Arizona will help offset the cost of licensing fees to providers if they agree to participate in this program: http://azdhs.gov/empowerpack/

Definitely worth checking out...

Hopefully, you find a resolution that works for you/your wife and the families she is serving.
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Tags:arizona, license
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