Daycare.com Forum

Go Back   Daycare.com Forum > Parents and Guardians Forum

Parents and Guardians Forum Parents and Guardians should post and answer questions here.

Reply
 
Thread Tools Display Modes
  #1  
Old 12-16-2008, 12:47 PM
Jessie
Guest
 
Posts: n/a
Question Secretly Recording Your Daycare Provider

Has anyone recorded their daycare provider? Is this legal?
Reply With Quote
  #2  
Old 12-17-2008, 03:05 PM
Unregistered
Guest
 
Posts: n/a
Default

Be very careful and find out what the law is in your state. In some states it is legal to record a conversation, without telling the person before you start recordong. Then in other states, there are different degrees of punishment for recording a persons conversation without telling then before you start recording. You actually need to start the recorder and then say I am recording you, as proof. I learned that from the judge on Peoples Court (She deals with the law in all the states). One of the people on there entered a recording and the judge said did she know that was not legal in all states, but it was in that ladies state (she said she knew). The judge said that in one state (I forgot which one), it is a felony and you can or do serve time for it.
I assume it is the same for videos. Find out from a reliable legal source, not just a layman (a lawyer, paralegal, prosecutors office, etc...).
Reply With Quote
  #3  
Old 04-10-2017, 04:41 PM
Unregistered
Guest
 
Posts: n/a
Default valid information

I realize that this is an old post. Maybe my recent experience might bring someone who is googling to this post and be helpful. This just happened to me and I consulted a lawyer. I'm a provider and in Texas, it is legal to record as long as one person has given consent. But, when someone surreptitiously places a record in say, a backpack, and ends up recording conversations that have nothing to do with the child who is giving the "consent" it is a FELONY.

It is a violation of Penal Code 16.02

(b) A person commits an offense if the person:
(1) intentionally intercepts, endeavors to intercept, or procures another person to intercept or endeavor to intercept a wire, oral, or electronic communication;

This means, that because neither of the parties recorded (say the conversation between a husband and wife or the conversations recorded between the husband and their personal children or the conversations between the provider and other children in the room) NONE of those parties consented, so therefore it is illegal. Not even to mention how unethical and a GROSS TRESPASS.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Daycare Provider Purchased Pit Bull Mix MrSint Parents and Guardians Forum 85 09-16-2013 06:49 AM
Going From Home Daycare Provider to Nanny Registered but logged out Daycare Center and Family Home Forum 7 11-24-2012 04:27 PM
Death in CA Home Daycare -Please Help Unregistered Daycare Center and Family Home Forum 18 06-07-2011 01:04 PM
Uneasy About Daycare Provider Tamina Parents and Guardians Forum 6 01-14-2011 10:35 AM
Concerns about Daycare owner just concerned Parents and Guardians Forum 10 05-13-2008 01:31 AM


All times are GMT -7. The time now is 10:21 PM.



Daycare.com         Find A Daycare         List Your Daycare         Toys & Products                 About Us

Daycare.com
Please read our Disclaimer before continuing.

Topics pertain mainly to the following States:

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming