Anonymous wrote:

Anonymous wrote:

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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.

Poster 10:47 is 100% right, and I hadn't even thought of the homeowner's liability problem. If the visiting child were to have an accident and be injured, there would be zero coverage because of the business nature of the relationship.

If you disagree, please name your city and homeowners insurance company.

There is no homeowner's insurance that will cover the nonresident child (in case of any accident) in any share, unless the child care provider is licensed in that home.

Naysayers can scream all they want, but they can't name one single insurance company.

Anonymous wrote:I asked this question to Fairfax DFS provider services today, and they said that the a nanny in the child's guardian's home is fine, but the moment a child from another family is there it requires a home care permit, and the nanny would have to follow provider guidelines. (CPR, etc.) Basically anything outside the child's guardian's residence requires a permit (or license), and anyone else's kids requires a permit.

... but this still has to be going on in the county, right? Are we just being "too legal" if we already trust the person we know we want to share with (the family and the nanny?) It sounds like there's a lot of this going on already, are we just being a little crazy? There's a lot of permitted places we've seen that are absolutely horrifying, so that doesn't necessarily mean quality.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:They aren’t illegal. The fact that someone keeps bumpin this old thread to spread lies is pathetic

I could post the regulations for you but I don’t think they are very user-friendly. This is an article from the Washington Post and things have not changed drastically so this might explain it better for you https://www.washingtonpost.com/archive/local/1990/05/12/sharing-child-care-can-be-illegal-here/9de76703-6da4-49a3-984b-3812b61fac47/?utm_term=.5e1358651aa4

So no. I am not spreading lies.

The facts in the article are STILL accurate today.

Anonymous wrote:

Anonymous wrote:Why is there such an effort to establish nanny shares as illegal here? It seems like people really hate them for some reason. Just can't seem to figure out why. I haven't heard of anyone in the DMV getting any flack let alone prosecuted for a nanny share situation so this seems like mostly fear mongering. But it seems like this is win win for the nannies and the families, more affordable for individual fams but the nanny gets a higher rate overall.

There's also a question about what happens if the nanny is watching children from more than one family and a child gets hurt.

Anonymous wrote:

Anonymous wrote:They aren’t illegal. The fact that someone keeps bumpin this old thread to spread lies is pathetic

I could post the regulations for you but I don’t think they are very user-friendly. This is an article from the Washington Post and things have not changed drastically so this might explain it better for you https://www.washingtonpost.com/archive/local/1990/05/12/sharing-child-care-can-be-illegal-here/9de76703-6da4-49a3-984b-3812b61fac47/?utm_term=.5e1358651aa4

So no. I am not spreading lies.

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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.

I wonder how that works though? I work in DC (so idk if it’s illegal or not) but on my credit report it has both families listed as my employer and I receive 2 w2’s at the end of the year (1 from each family). I think as it becomes more popular something will change and god forbid someone’s gets seriously hurt, they will crack down. Just pay all your taxes, get insurance and let’s all be quiet and not mess up a good thing

The IRS and state comptroller does not care about leagal/ illegal as long as they are paid.

As far as bumping this thread to the top. I only started replying from the previous bump of two days ago.

Uh, yes they do and the reason being is they make money off fines. Oh! Don’t forget the interest they tack on when you don’t pay within 30 days. Just be careful nanny Share ppl