Are Licensors Enforcing Rules or Giving Advice?
When is a family child care licensor enforcing child care regulations and when are they giving out advice? The distinction is significant.
The primary job of a family child care licensor is to ensure that providers follow the rules to keep children safe. I strongly recommend that providers make sure they are in strict compliance with all child care regulations.
However, it's important for providers to understand the distinction between a rule and a recommendation.
When a licensor tells you that what you are doing is "against regulations" ask the licensor to quote the regulation and explain why. This gives you the opportunity to look it up for yourself. If the rule is clear then you must comply. If the rule is not clear then you may want to pursue the matter.
But if you find out that there isn't a rule against what you are doing then you should decide for yourself what you want to do.
Here's a real example from a provider who posted on the popular family child care online forum Daycare.com: A provider wanted to use a baby swing and her licensor told her it wasn't allowed. The provider asked why and the licensor responded, "It's against regulations." The provider wasn't sure if this was true and so she sent her an email asking her to quote the specific regulation. The licensor called her to respond to the email, but the provider asked her to respond by email because she wanted a reference to the regulation in print.
The licensor then said, "Well we don't like it." The provider asked her to send an email repeating what she had told her. The licensor said she was telling her on the phone. So the provider responded, "Okay. Just so I have it clear. There is no regulation against me using a baby swing but you frown upon it. True?" The licensor answered "yes."
After the phone call ended the provider sent her another email recapping their conversation and repeating that she told her that using a baby swing was not against regulations.
I have seen this happen with other providers. Licensors tell providers they are in violation of regulations but back off when providers press them to cite the regulation.
Although the provider in this example may be more assertive than most, questioning licensors to find out whether something is against regulations or simply a licensing recommendation is a good idea. You can do this is a respectful manner. Asking for a written response from licensing and summarizing the conversation in writing can also help protect you later if a new licensor brings up the issue later.
Have you had a similar experience with your licensor and how did you handle it?
Tom Copeland - www.tomcopelandblog.com
Image credit: ocfs.state.ny.us
For more information, see my book Family Child Care Legal and Insurance Guide.
