Nanny Shares are ILLEGAL ?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Page One says:

A "Family Day Care Home is a private family home where nine or fewer children are received, for a fee, for the care, protection and guidance during only part of the 24 hour day, except children, who are related by blood, adoption or marriage to the person who maintains the home."

I asked their office specifically about nanny shares. They said it's illegal, subject to penalties, unless she is licensed in her own home.

This is not good news, as many here, believed otherwise.

The vast majority of nanny shares are not in the nanny's home, but rather one of the families in the share. So the provider is not providing care in a home that she maintains. This regulation applies to care in the provider's home.

Maryland's law is written differently, if the caregiver is "not a relative and who is paid by you to care for your child outside of your home on a regular basis for 20 or more hours per month, the caregiver must be licensed in accordance with Maryland child care regulations."

http://www.marylandpublicschools.org/msde/divisions/child_care/licensing_branch/find.html

Widely ignored, the real risk is the possibility of injury to the child who is not related to the homeowner or caregiver and the host family not being insured for this liability.

Exactly.

[Anonymous]

Anonymous wrote:You need to know your local laws for in-home childcare.

Bump

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Page One says:

A "Family Day Care Home is a private family home where nine or fewer children are received, for a fee, for the care, protection and guidance during only part of the 24 hour day, except children, who are related by blood, adoption or marriage to the person who maintains the home."

I asked their office specifically about nanny shares. They said it's illegal, subject to penalties, unless she is licensed in her own home.

This is not good news, as many here, believed otherwise.

The vast majority of nanny shares are not in the nanny's home, but rather one of the families in the share. So the provider is not providing care in a home that she maintains. This regulation applies to care in the provider's home.

Maryland's law is written differently, if the caregiver is "not a relative and who is paid by you to care for your child outside of your home on a regular basis for 20 or more hours per month, the caregiver must be licensed in accordance with Maryland child care regulations."

http://www.marylandpublicschools.org/msde/divisions/child_care/licensing_branch/find.html

Widely ignored, the real risk is the possibility of injury to the child who is not related to the homeowner or caregiver and the host family not being insured for this liability.

Exactly.

Thank you for this.

[Anonymous]

People really just need to check out their local "home daycare" laws.

[Anonymous]

Anonymous wrote:People really just need to check out their local "home daycare" laws.

Are people doing this?

[Anonymous]

Anonymous wrote:I wondered about this originally as well, but I think the difference is that you are not working out of your own home, but from someone else's (one of the families you are working for). If you were to work with more than one family (not related to you), at YOUR home, then you would have to be licensed as a home daycare.

If money is charged for the care of children in more than one family, you're a daycare. You need a license.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Page One says:

A "Family Day Care Home is a private family home where nine or fewer children are received, for a fee, for the care, protection and guidance during only part of the 24 hour day, except children, who are related by blood, adoption or marriage to the person who maintains the home."

I asked their office specifically about nanny shares. They said it's illegal, subject to penalties, unless she is licensed in her own home.

This is not good news, as many here, believed otherwise.

The vast majority of nanny shares are not in the nanny's home, but rather one of the families in the share. So the provider is not providing care in a home that she maintains. This regulation applies to care in the provider's home.

Maryland's law is written differently, if the caregiver is "not a relative and who is paid by you to care for your child outside of your home on a regular basis for 20 or more hours per month, the caregiver must be licensed in accordance with Maryland child care regulations."

http://www.marylandpublicschools.org/msde/divisions/child_care/licensing_branch/find.html

Widely ignored, the real risk is the possibility of injury to the child who is not related to the homeowner or caregiver and the host family not being insured for this liability.

Exactly.

Yes, they are illegal and the State (in MD) can come after your nanny for providing illegal care. Essentially, it's an unlicensed daycare. You can (they can) get fined heavily if someone reports you.

[Anonymous]

Anonymous wrote:

ScarletIbis wrote:Google is your friend.

What about licensing and insurance? In some states such as Maryland and Washington, when two or more families hire a nanny to care for non-related children at the same time, a state family child care license is required. You will want to check you state's requirements, and the host family definitely needs to have a frank conversation with their insurance agent about liability (worker's compensation, claims by the non-host family, transportation liability).
http://www.4nannytaxes.com/index.cfm/resources/news-and-updates/nanny-share-arrangements-reduce-costs/

You have to undergo the procedures for the family child care provider, and the host family must meet the requirements that a in home daycare usually needs. Particularly fire and emergency requirements, safe sleep areas, etc. GO to the Maryland State Child Care Licensing Branch for more information.


Also California and Washington has the same law. I am not sure about any others.

This. In Maryland, the nanny would be operating an illegal home daycare service if she's being paid to provide care for a child, outside of that child's home. The homeowner would legally be held responsible.

Homeowners BEWARE.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

ScarletIbis wrote:Google is your friend.

What about licensing and insurance? In some states such as Maryland and Washington, when two or more families hire a nanny to care for non-related children at the same time, a state family child care license is required. You will want to check you state's requirements, and the host family definitely needs to have a frank conversation with their insurance agent about liability (worker's compensation, claims by the non-host family, transportation liability).
http://www.4nannytaxes.com/index.cfm/resources/news-and-updates/nanny-share-arrangements-reduce-costs/

You have to undergo the procedures for the family child care provider, and the host family must meet the requirements that a in home daycare usually needs. Particularly fire and emergency requirements, safe sleep areas, etc. GO to the Maryland State Child Care Licensing Branch for more information.


Also California and Washington has the same law. I am not sure about any others.

This. In Maryland, the nanny would be operating an illegal home daycare service if she's being paid to provide care for a child, outside of that child's home. The homeowner would legally be held responsible.

Homeowners BEWARE.

It would be illegal if the nanny was caring for the children inside the nannies home.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

ScarletIbis wrote:Google is your friend.

What about licensing and insurance? In some states such as Maryland and Washington, when two or more families hire a nanny to care for non-related children at the same time, a state family child care license is required. You will want to check you state's requirements, and the host family definitely needs to have a frank conversation with their insurance agent about liability (worker's compensation, claims by the non-host family, transportation liability).
http://www.4nannytaxes.com/index.cfm/resources/news-and-updates/nanny-share-arrangements-reduce-costs/

You have to undergo the procedures for the family child care provider, and the host family must meet the requirements that a in home daycare usually needs. Particularly fire and emergency requirements, safe sleep areas, etc. GO to the Maryland State Child Care Licensing Branch for more information.


Also California and Washington has the same law. I am not sure about any others.

This. In Maryland, the nanny would be operating an illegal home daycare service if she's being paid to provide care for a child, outside of that child's home. The homeowner would legally be held responsible.

Homeowners BEWARE.

It would be illegal if the nanny was caring for the children inside the nannies home.

What exactly is the legal requirement for group care where you live?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

ScarletIbis wrote:Google is your friend.

What about licensing and insurance? In some states such as Maryland and Washington, when two or more families hire a nanny to care for non-related children at the same time, a state family child care license is required. You will want to check you state's requirements, and the host family definitely needs to have a frank conversation with their insurance agent about liability (worker's compensation, claims by the non-host family, transportation liability).
http://www.4nannytaxes.com/index.cfm/resources/news-and-updates/nanny-share-arrangements-reduce-costs/

You have to undergo the procedures for the family child care provider, and the host family must meet the requirements that a in home daycare usually needs. Particularly fire and emergency requirements, safe sleep areas, etc. GO to the Maryland State Child Care Licensing Branch for more information.


Also California and Washington has the same law. I am not sure about any others.

This. In Maryland, the nanny would be operating an illegal home daycare service if she's being paid to provide care for a child, outside of that child's home. The homeowner would legally be held responsible.

Homeowners BEWARE.

It would be illegal if the nanny was caring for the children inside the nannies home.

In Maryland she can watch the household's children legally but not the other children.

Yes, nanny shares are illigal in Maryland but I don't think they are cracking down on it- but they can if someone reports you. HEAVY fines. It's funny because so many people eschew in-home daycares but they are a-ok with hosting illegal daycares in their own homes. No inspections, no insurance, no disaster training, nothing.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

ScarletIbis wrote:Google is your friend.

What about licensing and insurance? In some states such as Maryland and Washington, when two or more families hire a nanny to care for non-related children at the same time, a state family child care license is required. You will want to check you state's requirements, and the host family definitely needs to have a frank conversation with their insurance agent about liability (worker's compensation, claims by the non-host family, transportation liability).
http://www.4nannytaxes.com/index.cfm/resources/news-and-updates/nanny-share-arrangements-reduce-costs/

You have to undergo the procedures for the family child care provider, and the host family must meet the requirements that a in home daycare usually needs. Particularly fire and emergency requirements, safe sleep areas, etc. GO to the Maryland State Child Care Licensing Branch for more information.


Also California and Washington has the same law. I am not sure about any others.

This. In Maryland, the nanny would be operating an illegal home daycare service if she's being paid to provide care for a child, outside of that child's home. The homeowner would legally be held responsible.

Homeowners BEWARE.

It would be illegal if the nanny was caring for the children inside the nannies home.

In Maryland she can watch the household's children legally but not the other children.

Yes, nanny shares are illigal in Maryland but I don't think they are cracking down on it- but they can if someone reports you. HEAVY fines. It's funny because so many people eschew in-home daycares but they are a-ok with hosting illegal daycares in their own homes. No inspections, no insurance, no disaster training, nothing. [/quote

Well that falls on the parents (employer) and not the nanny (employee). It’s the parents job to make sure they meet state requirements when hiring household staff.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

ScarletIbis wrote:Google is your friend.

What about licensing and insurance? In some states such as Maryland and Washington, when two or more families hire a nanny to care for non-related children at the same time, a state family child care license is required. You will want to check you state's requirements, and the host family definitely needs to have a frank conversation with their insurance agent about liability (worker's compensation, claims by the non-host family, transportation liability).
http://www.4nannytaxes.com/index.cfm/resources/news-and-updates/nanny-share-arrangements-reduce-costs/

You have to undergo the procedures for the family child care provider, and the host family must meet the requirements that a in home daycare usually needs. Particularly fire and emergency requirements, safe sleep areas, etc. GO to the Maryland State Child Care Licensing Branch for more information.


Also California and Washington has the same law. I am not sure about any others.

This. In Maryland, the nanny would be operating an illegal home daycare service if she's being paid to provide care for a child, outside of that child's home. The homeowner would legally be held responsible.

Homeowners BEWARE.

It would be illegal if the nanny was caring for the children inside the nannies home.

In Maryland she can watch the household's children legally but not the other children.

Yes, nanny shares are illigal in Maryland but I don't think they are cracking down on it- but they can if someone reports you. HEAVY fines. It's funny because so many people eschew in-home daycares but they are a-ok with hosting illegal daycares in their own homes. No inspections, no insurance, no disaster training, nothing. [/quote

Well that falls on the parents (employer) and not the nanny (employee). It’s the parents job to make sure they meet state requirements when hiring household staff.

State requirements are that you a licensed. If you are not then you are breaking the law and have an illegal daycare. Period.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

ScarletIbis wrote:Google is your friend.

What about licensing and insurance? In some states such as Maryland and Washington, when two or more families hire a nanny to care for non-related children at the same time, a state family child care license is required. You will want to check you state's requirements, and the host family definitely needs to have a frank conversation with their insurance agent about liability (worker's compensation, claims by the non-host family, transportation liability).
http://www.4nannytaxes.com/index.cfm/resources/news-and-updates/nanny-share-arrangements-reduce-costs/

You have to undergo the procedures for the family child care provider, and the host family must meet the requirements that a in home daycare usually needs. Particularly fire and emergency requirements, safe sleep areas, etc. GO to the Maryland State Child Care Licensing Branch for more information.


Also California and Washington has the same law. I am not sure about any others.

This. In Maryland, the nanny would be operating an illegal home daycare service if she's being paid to provide care for a child, outside of that child's home. The homeowner would legally be held responsible.

Homeowners BEWARE.

It would be illegal if the nanny was caring for the children inside the nannies home.

In Maryland she can watch the household's children legally but not the other children.

Yes, nanny shares are illigal in Maryland but I don't think they are cracking down on it- but they can if someone reports you. HEAVY fines. It's funny because so many people eschew in-home daycares but they are a-ok with hosting illegal daycares in their own homes. No inspections, no insurance, no disaster training, nothing. [/quote

Well that falls on the parents (employer) and not the nanny (employee). It’s the parents job to make sure they meet state requirements when hiring household staff.

State requirements are that you a licensed. If you are not then you are breaking the law and have an illegal daycare. Period.

I don’t disagree with what you’re saying about nanny shares possibly being illegal. However, the family is breaking the law. They are the ones hiring employees. If you run a business and you are not staying up on laws, uncle SAM comes for YOU (the employer/ owner) not the employees and you will have fines to pay and in order to be in “good standing” you’ll need to meet those state laws to resume your “daycare.” I don’t know if my parents have workers comp (even though it’s the law to have it when you have at least 1 employee) but if something happens to me on the job, they’re responsible to cover it. I don’t get penalized, the parents (employers) do.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

ScarletIbis wrote:Google is your friend.

What about licensing and insurance? In some states such as Maryland and Washington, when two or more families hire a nanny to care for non-related children at the same time, a state family child care license is required. You will want to check you state's requirements, and the host family definitely needs to have a frank conversation with their insurance agent about liability (worker's compensation, claims by the non-host family, transportation liability).
http://www.4nannytaxes.com/index.cfm/resources/news-and-updates/nanny-share-arrangements-reduce-costs/

You have to undergo the procedures for the family child care provider, and the host family must meet the requirements that a in home daycare usually needs. Particularly fire and emergency requirements, safe sleep areas, etc. GO to the Maryland State Child Care Licensing Branch for more information.


Also California and Washington has the same law. I am not sure about any others.

This. In Maryland, the nanny would be operating an illegal home daycare service if she's being paid to provide care for a child, outside of that child's home. The homeowner would legally be held responsible.

Homeowners BEWARE.

It would be illegal if the nanny was caring for the children inside the nannies home.

In Maryland she can watch the household's children legally but not the other children.

Yes, nanny shares are illigal in Maryland but I don't think they are cracking down on it- but they can if someone reports you. HEAVY fines. It's funny because so many people eschew in-home daycares but they are a-ok with hosting illegal daycares in their own homes. No inspections, no insurance, no disaster training, nothing. [/quote

Well that falls on the parents (employer) and not the nanny (employee). It’s the parents job to make sure they meet state requirements when hiring household staff.

State requirements are that you a licensed. If you are not then you are breaking the law and have an illegal daycare. Period.

I don’t disagree with what you’re saying about nanny shares possibly being illegal. However, the family is breaking the law. They are the ones hiring employees. If you run a business and you are not staying up on laws, uncle SAM comes for YOU (the employer/ owner) not the employees and you will have fines to pay and in order to be in “good standing” you’ll need to meet those state laws to resume your “daycare.” I don’t know if my parents have workers comp (even though it’s the law to have it when you have at least 1 employee) but if something happens to me on the job, they’re responsible to cover it. I don’t get penalized, the parents (employers) do.

You are right. The nanny would not be held responsible but the parents would be. They would be fined and forced to close until they get their license. Getting licensed is at least or four or five months process and that’s doing it quickly. Your home needs to be inspected by the fire marshal. You need to have I believe 24 hours of mandatory classes that are offered through the state. It can be lengthy. Nanny shares are not “possibly illegal”, they are illegal in Maryland. But I said earlier that I think the state turns a blind eye unless somebody reports them.