Does a daycare have to be liscensed?Does it matter

starsmom

New Member
I am thinking of doing daycare..I need a job and my kids school schedules really require me to be home..I have four free hours from when one goes to when one is home. I was wondering,being a mother-which gives experience no class will teach - and also formerly being a nurse,so I don't need CPR,etc..do I HAVE to have a daycare license? Isn't it the parents call as to where they choose to leave their child? Can I just start my business and let the parents make an informed choice? I am really not familiar with the law on this one and am trying to go about it the right way,but these classes seem redundant and more geared to those without experience with children.
 

Geek

New Member
You can do it. But it is illegal. If a child gets hurt in your care the parents can and will take everything you own.
 
You can do it. But it is illegal. If a child gets hurt in your care the parents can and will take everything you own.

:yeahthat: You could "babysit"...somehow that's different. Daycare providers have certain stipulations and some things in their homes have to be tested. For example, you can only watch a certain amount of children and only a certain number can be under a certain age and you'd have to have your water tested for bacteria only, I think. Just be very careful because you do open yourself up to a lot of liability.
 

starsmom

New Member
You can do it. But it is illegal. If a child gets hurt in your care the parents can and will take everything you own.

SO babysitting is illegal?! I am not trying to be a smartass or anything,but seriously,if I offer to watch someones child and they know that I am just babysitting,that is illegal? Wow...I broke some laws big time in high school! I am confused here..I had my first child at 18. My mom watched her for me,but at one time I thought I would need childcare and was told by child support enforcement that my ex had to reimburse whomever was watching her,whether it was a daycare center,sitter,what ever. So he ended up paying my mom,lol. That was illegal? - I mean the babysitting,not the paying her..we all know exactly what I was doing with that,don't we?:whistle:
 

starsmom

New Member
:yeahthat: You could "babysit"...somehow that's different. Daycare providers have certain stipulations and some things in their homes have to be tested. For example, you can only watch a certain amount of children and only a certain number can be under a certain age and you'd have to have your water tested for bacteria only, I think. Just be very careful because you do open yourself up to a lot of liability.

How am I not liable if someone's child gets hurt if I am licensed? Aren't I still responsible? And am I way off base here...can I make a decent income doing this - is there a demand?
 

Geek

New Member
SO babysitting is illegal?! I am not trying to be a smartass or anything,but seriously,if I offer to watch someones child and they know that I am just babysitting,that is illegal? Wow...I broke some laws big time in high school! I am confused here..I had my first child at 18. My mom watched her for me,but at one time I thought I would need childcare and was told by child support enforcement that my ex had to reimburse whomever was watching her,whether it was a daycare center,sitter,what ever. So he ended up paying my mom,lol. That was illegal? - I mean the babysitting,not the paying her..we all know exactly what I was doing with that,don't we?:whistle:

Do a little reading.

Child Care Classifieds - Southern Maryland Online
 
I am thinking of doing daycare..I need a job and my kids school schedules really require me to be home..I have four free hours from when one goes to when one is home. I was wondering,being a mother-which gives experience no class will teach - and also formerly being a nurse,so I don't need CPR,etc..do I HAVE to have a daycare license? Isn't it the parents call as to where they choose to leave their child? Can I just start my business and let the parents make an informed choice? I am really not familiar with the law on this one and am trying to go about it the right way,but these classes seem redundant and more geared to those without experience with children.
If you watch a non-family member child for more than 20 hours a month in your home, you have to be licensed.
 

SoMDGirl42

Well-Known Member
What if she were to file a 1099?

I don't know how that works. I've never know anyone to do home daycare (that wasn't licensed) that filed a 1099. I guess if she filed a 1099, then the folks she did daycare for could file it as a tax credit then? :shrug:
 

Dymphna

Loyalty, Friendship, Love
I am thinking of doing daycare..I need a job and my kids school schedules really require me to be home..I have four free hours from when one goes to when one is home. I was wondering,being a mother-which gives experience no class will teach - and also formerly being a nurse,so I don't need CPR,etc..do I HAVE to have a daycare license? Isn't it the parents call as to where they choose to leave their child? Can I just start my business and let the parents make an informed choice? I am really not familiar with the law on this one and am trying to go about it the right way,but these classes seem redundant and more geared to those without experience with children.
If you care for children in YOUR home, the children are not related to you and you care for any child more than 20 hours a month, you are required by law to be registered/licensed by the State. That registration requires your CPR and First Aid certifications be up to date, that you have a certain number of hours of child care training (new law effective July 2008 is 18 hrs to start, 12 hours per year to maintain) It is illegal to advertise that you do child care in your home if you don't have a license. Your home owners insurance won't cover it if you aren't licensed, so if a child gets hurt, not only will you be prosecuted for providing illegal care, but possibly child endangerment if there is the least little thing wrong, but your home owners will drop you and leave you to pay the child's medical bills out of your pocket, along with anything else those parents sue you for because suddenly they will deny all knowledge that what you are doing was illegal.

and it's a little thing called income tax evasion (unless you do it for a family member I believe)
If you have income, even illegal income, you must claim it with the IRS, but then they know you are doing something illegal and can prove it. If you don't claim it, THAT's illegal and they will get you on tax evasion. So it's a Catch-22. Also, by operating a child care center legally, you can claim all sorts of tax deductions no one but child care providers can claim...if you are operating on a small scale, you probably won't have to pay much, if any taxes on your income.

:yeahthat: You could "babysit"...somehow that's different. Daycare providers have certain stipulations and some things in their homes have to be tested. For example, you can only watch a certain amount of children and only a certain number can be under a certain age and you'd have to have your water tested for bacteria only, I think. Just be very careful because you do open yourself up to a lot of liability.
The state defines babysitting as in the child's home, or care by relatives or "occasional" care which is further defined as less than 20 hours per month. Licensed providers are limited to 8 children, however any of their own children under age 6 count against that 8. Charles County zoning laws limit the number to 6, not 8. Only 2 of those children (including the provider's own) can be under the age of 2. If you are on well water, it must be tested every 2 years. Public water is assumed to have been tested at the treatment facility. The fire marshal must also inspect your home for fire hazards and to make sure you have an escape plan in place. You must also conduct monthly fire drills and keep a record of them.

Read it..got it. I think yeah,I need to get my butt to CSM and take those courses. Thanks!
Forget CSM. At least for now. Call the Office of Child Care at 301-475-3770 and ask them about an orientation class. That's your first step. Once you've decided to start the process, join one of the local Daycare associations. Charles, Calvert and St. Mary's each have one. You can cross county lines for that if you wish. They all offer classes that are covered by your annual membership fee of $20 - $25. St. Mary's Hospital Health Connections offers child care providers free CPR and First Aid certification...some conditions apply. Call them at 301-475-6019 for details. You can also contact the Southern Maryland Childcare Resource Center for training and support services at 301-290-0040. You can search a database for training classes here: Maryland Committee for Children

You can checkout online child care training here: Child Care Distance Learning School - Care Courses; Training for CDA (Child Development Associate) Online training is a little more expensive, but more convenient for most people.

CSM does offer some good courses, but they aren't always the best for just starting out. They also offer them for a reduced fee, but that is because of a grant for child care providers. I don't know if you have to already have a license to qualify for the reduced fee.
 

SoMDGirl42

Well-Known Member
If you care for children in YOUR home, the children are not related to you and you care for any child more than 20 hours a month, you are required by law to be registered/licensed by the State. That registration requires your CPR and First Aid certifications be up to date, that you have a certain number of hours of child care training (new law effective July 2008 is 18 hrs to start, 12 hours per year to maintain) It is illegal to advertise that you do child care in your home if you don't have a license. Your home owners insurance won't cover it if you aren't licensed, so if a child gets hurt, not only will you be prosecuted for providing illegal care, but possibly child endangerment if there is the least little thing wrong, but your home owners will drop you and leave you to pay the child's medical bills out of your pocket, along with anything else those parents sue you for because suddenly they will deny all knowledge that what you are doing was illegal.

If you have income, even illegal income, you must claim it with the IRS, but then they know you are doing something illegal and can prove it. If you don't claim it, THAT's illegal and they will get you on tax evasion. So it's a Catch-22. Also, by operating a child care center legally, you can claim all sorts of tax deductions no one but child care providers can claim...if you are operating on a small scale, you probably won't have to pay much, if any taxes on your income.

The state defines babysitting as in the child's home, or care by relatives or "occasional" care which is further defined as less than 20 hours per month. Licensed providers are limited to 8 children, however any of their own children under age 6 count against that 8. Charles County zoning laws limit the number to 6, not 8. Only 2 of those children (including the provider's own) can be under the age of 2. If you are on well water, it must be tested every 2 years. Public water is assumed to have been tested at the treatment facility. The fire marshal must also inspect your home for fire hazards and to make sure you have an escape plan in place. You must also conduct monthly fire drills and keep a record of them.

Forget CSM. At least for now. Call the Office of Child Care at 301-475-3770 and ask them about an orientation class. That's your first step. Once you've decided to start the process, join one of the local Daycare associations. Charles, Calvert and St. Mary's each have one. You can cross county lines for that if you wish. They all offer classes that are covered by your annual membership fee of $20 - $25. St. Mary's Hospital Health Connections offers child care providers free CPR and First Aid certification...some conditions apply. Call them at 301-475-6019 for details. You can also contact the Southern Maryland Childcare Resource Center for training and support services at 301-290-0040. You can search a database for training classes here: Maryland Committee for Children

You can checkout online child care training here: Child Care Distance Learning School - Care Courses; Training for CDA (Child Development Associate) Online training is a little more expensive, but more convenient for most people.

CSM does offer some good courses, but they aren't always the best for just starting out. They also offer them for a reduced fee, but that is because of a grant for child care providers. I don't know if you have to already have a license to qualify for the reduced fee.

Excellent post :yay:
 

Dymphna

Loyalty, Friendship, Love
How am I not liable if someone's child gets hurt if I am licensed? Aren't I still responsible? And am I way off base here...can I make a decent income doing this - is there a demand?
There is a demand, you can make a good living if you put your mind to it and keep your openings filled. I don't keep my openings filled, because I don't need to be the sole support of my household and I'd rather work with a smaller group. I know providers who do keep all their positions filled all the time and do very well. One woman told me that when her husband got laid off, they found it better financially for him to become her partner in the business, which allows them to have 4 children under 2, instead of 2, and also allowed her to expand her care of children with special needs.
 

SoMDGirl42

Well-Known Member
There is a demand, you can make a good living if you put your mind to it and keep your openings filled. I don't keep my openings filled, because I don't need to be the sole support of my household and I'd rather work with a smaller group. I know providers who do keep all their positions filled all the time and do very well. One woman told me that when her husband got laid off, they found it better financially for him to become her partner in the business, which allows them to have 4 children under 2, instead of 2, and also allowed her to expand her care of children with special needs.

I had one daycare that only had my daughter, 18 months at the time, and another little girl, just over two. I didn't mind paying extra for the extra time she received from the daycare provider. I was sad when she decided to go back to work herself and close the daycare.
 

poster

New Member
and it's a little thing called income tax evasion (unless you do it for a family member I believe)

As long as she claims the money on her taxes the IRS doesn't care if she's licensed. Not being licensed and watching unrelated children is illegal.
 
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