Hi-
I have been a provider in upstate NY for 15 years. I am very split on becoming legally exempt or staying Registered as a Family Provider.
After reading the other threads, reading the new regs, calling VOICE to voice my concerns, talking to my registrar, talking to NannyD, etc... I am STILL at a loss as to what I want to do!
I am a rule follower- I don't want to follow "some" regs and not others- I don want to have to be sneaky in my own home!
Obviously the biggest factor in my choice is $$. I currently can have 6 ft- that would go down to 2! CAN I do it financially- yes... Do I want to?? NO!
My biggest issues:
I can be inspected legally M-F 7am-5:30pm whether I am operating or not!!! If I close for a day and they show up I HAVE to let them in!!
They can now inspect/search my ENTIRE home- not just the parts pertaining to dc!
Four inspections per year- 2 unannounced. That's HUGE jump from 1 announced per year- they are stressful!
Screen time limits for me during nap!!! Yep- I do play candy crush and go on fb! And seeing as it has nothing to do with the health and safety of my kiddos it shouldn't matter! They are NAPPING!!!
There are others but these are the ones that make me want to close my regulated doors...
My husband supports what ever I decide.

What do you all think?? Also- I am either going to stay open and hirer a helper or close and go unregulated... Just FYI-

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Where did you read this?

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That sounds nuts! the 4 inspections per year of your WHOLE house is crazy! I hope that doesn't come my way in MA

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That is what I have had for years.

Where do you think my bad attitude comes from.... Wait until you get mandatory supply lists, mandatory curriculum Standards and QRIS.

Yes, I have had them open my bedroom closet door, go into my sheds, barn and trunk of my car before.

I assume it is because someone, somewhere, at some time, did something stupid. It is just the norm....

I used to feel violated, now I ask for decorating advice. I can't make enough money with only 2 kids. The State is covered in illegal daycare providers they can't afford to investigate now, but I would get busted in a nano-second because they already have my info.

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We have 6 unannounced plus 1 announced visit from licensing per year. They only check the areas children use inside and outside. We also have 2 visits from heath/environment, 1 visit from fire marshall and 4 visits from food program per year. The rules are becoming more stringent everywhere. It is a trend I am not sure can be stopped. I am not sure someone did something stupid somewhere....I think powers that be, for some reason, feel they need to dictate what/how/when/where/ child care, particularly family child care, operates.

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Maybe they were just "creating jobs" for inspectors???

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I say inspect me as much as you want - BUT be reasonable!!! Inspect all areas of my home that are used for daycare. Have high standards. Be by the book. I welcome and encourage it. HOWEVER, opening the drawer on a nightstand or opening a closet in a room that children have no access to is just plain ridiculous. Inspecting the trunk of a car? Come on!

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YES!!! . This is my point exactly! When I have children in my home I understand being inspected and having to follow regulations (tho I honestly wish it wasn't 4xs a year... I get stressed even tho I know I'm good). But in my private space and my private time?!? I'm not ok with!

I think I may put a sign on my door: closed for business! When I am... And locks on private rooms- lock them when I am working and refuse to open them.
If it comes down to it they can pull my license and ill fight it-

I'm also changing my personal phone to my hubbies name so they cannot access records based on me and daycare.

Any other ideas how we can "skirt the system" without breaking the rules??

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If you give them your annual calendar of closings they will honor it.

Mine also is awesome to reply to emails. A quick note of any changes is quickly met with confirmation.

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OK....I know I totally whined about the hot chocolate in the other thread...LOL but now you have my blood boiling. LOL

You DO NOT have to let them in when you are closed. I dont know who told you that or who they think they are....LOL But if they pulled that at my house, they better have a sheriff and a court order with them.

My bedroom doors are locked during care. If they find in necessary to peek their head in to make sure I'm not harboring extra kids or criminals, fine. But they will NOT go through my dresser drawers without a search warrant.

I have ALWAYS had 4 inspections a year....plus my registrar is my food program specialist...so she is actually here 8 times a year. I have NO problem with HER. She is pretty wonderful actually.

Not all licensors and registrars know what they are talking about either, so be sure to do your homework. My friend is group so she has a different lady than I do. She is telling her all sorts of stuff that is WRONG, and quite frankly, doesn't know what she's even talking about. My friend had to get Albany involved to straighten her out.

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417.15 10 i.
Must admit inspectors and other reps of office onto grounds and premises at anytime during the hours of operation GIVEN TO OFFICE ON APPLICATION OF FAMILY DAYCARE. Given FREE ACCESS TO BUILDING, care givers, employers, volunteers, the children and any records.

The key is it is now based on when you have told them you may operate NOT when you are operating. I have verified this with VOICE and my registrar. I asked my registrar if I email him to tell him I'm closed will they show up. His response was: well- they probably wouldn't because they want to see kids in care. But if they don't check the computer first they may. But- those are the fastest inspections because you don't have to manage kids just show them every thing. If you aren't home that's ok - they will just leave a sorry to miss you note.

And before anyone says- just don't answer the door... On my days off I don't know if I'm willing to hide in my own house!!! And what if I'm outside!?! Clearly they can come around back, etc...

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I also couldn't get a clear answer on if I have to be within regs when I am closed and clearly have no children here...

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Free access to grounds/building I was told was to inspect furnace area, smoke detectors, a basic health and safety inspection. Your whole home was never inspected before?

I have been several times and each time they were very respectful, went just to where I directed them smoke detectors and co, extinguishers were and left.

I have a locked door in my basement, it's not a sleeping area and is private. They never even asked.

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My issue is this: by being registered I have agreed to them inspecting my entire home if asked.
HOPEFULLY- they would just do daycare pertinent areas... BUT they CAN do the entire house! I have had some great inspectors and nasty ones- I don't want to bank on the fact I will get a nice one...

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Not to beat a dead horse, but 417.15 10 i isn't even a regulation. Where did you get that number from?

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It is actually 417.15(b)(10)(i)

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ok...you know what....now I have some ruckus to cause...because those are NOT the regs I was given.

However, now that I see what the heck we're all arguing over....LOL.....it still states "hours of operation given to the office on application"

So if I put on my application I operate from 6 to 6, they can show up anytime during those hours.

But if I am closed I AM NOT OPERATING and I would fight that until the end. I called and spoke with someone yesterday, and that is what they told me, regardless if "I" was reading the wrong regs or not. You'd think they'd know what they're talking about in the regional office.

Meanwhile, I am beyond pissed for accepting the paper regs they handed me and taken that as their word. I better get to reading these new ones.

<walking away now with my tail between my legs>

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This is what bugs me about being licensed as well... one person reads things one way, another reads them another way and YOU are stuck in the middle. I had the same issue here, my pre-licensing inspector said they may want me to put a rail in the middle of my deck that has ONE step down. ONE STEP! I kinda and hoped the actual licensing agent wouldn't and he didn't even suggest anything of the sort. He was more worried about the cement not being 100% level in some areas. My back yard has 6 trimmed cement squares because we live on adobe that moves with weather. Sometimes it's perfectly straight, sometimes it not. That's the beauty of having 6 squares and not 1 large slab or it would be broken to bits by now. Now we've had some rain and they're level again! The other big issue was knives in a block. My friend said her initial licensor told her she had to keep them up above the fridge to keep them out of reach of children. When she was inspected a year later the inspector told her to keep them in the corner of her counter the further from the edge and that was safer than above the fridge. What if there was an earthquake and they fell down? So 2 people, from the same office, with 100% different ideas as to what the regs would mean. So mine is in the corner, it passed my initial inspection that way and that's where it stays. One of my SA DCBs could reach it on the counter OR the fridge if he wanted to. But that's what MY supervision is for.


That's CRAZY!!! I'm in shock!

I'm in CA and I've been operating in my home for 2yrs, licensed just over 1, but aside from my initial inspection I've yet to have an unannounced visit aside from the Food Prog. Rep and even they're off schedule now and haven't been here since August I think? I know providers who haven't been inspected since 2009. Our particular city doesn't have a designated inspector who just goes around inspecting daycares in our city, they only go based on complaints or their lottery system. If you don't get drawn in their lottery, you don't get inspected. Unfortunately I think this has set the wrong precedence in that people get sloppy. They're used to not being inspected and don't stay as strict. I guess being somewhat new I'm paranoid and I don't ever want to be cited, especially for something silly. I mean, if they see a safety violation by all means correct me and cite me if needed. But if it's something as silly as "leaves on my front walkway" or "one, not TWO, railsssss" then that's going to make me mad. I've shared my story a few times but my children were neglected by their past provider who was an alcoholic and severely intoxicated (to the point of vomiting and passing out) and no one EVER inspected her during that time and could have possibly caught her in the act sooner. I get why these rules are in place, I really do, but it's the execution of the rules that worry me. And hearing more and more about QRIS in CA scares me.

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