Home Child Care Regulations
Home child care centers are subject to many local and state regulations in regard to licensing, facilities and liabilities. To comply with regulations, in many states, visits from state and local health departments, the fire department and possibly other agencies such as departments of social services may be required regularly. Workers hired must also fit a set of requirements, such as having no felony convictions.
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Significance
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Running a home child care center is an intensive commitment. Most states have delineated minimums and maximums for the number of children who are allowed to be in the center. Contact your local health department for more information. Liability release forms must also be gathered and distributed to the primary caregivers.
Function
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Even though liability release forms are sent out to parents and caregivers who send their children to a home daycare center, there are still significant legal risks involved in starting such a business. If the children are assaulted by an employee, the owner of the business can be held liable for any civil damages resulting from those crimes. Any noncompliance in building codes also can lead to the loss of the daycare license.
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Features
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In some states, no licenses are required for a home daycare center, but they are still regulated by the relevant state government agency. In those areas, it is easier and less expensive to open up a home daycare center, but competition will be steeper due to the lower barrier of entry. In states where licenses are required, operating an unlicensed daycare center - generally defined as a business providing supervision for four or more children - serious penalties can be applied.
Warning
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Criminal liabilities may result from a mistake in hiring. Charges such as gross negligence, child endangerment and fraud can be applied to a home daycare business if children are harmed while on the premises or in the care of staff. Employees who transport children should have excellent driving records. Should there be an accident, an employee with a poor driving record can lead to the daycare owner being prosecuted or sued.
Prevention/Solution
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A home daycare operator can benefit considerably from contracting with a lawyer at least temporarily to ensure that all documents provided to caregivers are appropriate, that hiring practices are sound and that the buildings conform to all relevant local and state codes governing child care centers. Before hiring, all employees should be vetted with thorough background checks. This can protect the children while limiting liability to the owner.
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