Anyone Know Of Any Such Law Or Regulation?

[cheerfuldom]

A mom on another forum was complaining that she thinks kids are in daycare too many hours (I agree) and isn't there a law that regulates the max number of hours a child can be in childcare? I have never heard of any law, any where and said as much. Even if a daycare is kept to such laws, I dont believe there is anything that says a parent cannot take them to another sitter for further daycare hours. Anybody ever heard of any law or regulation anywhere about this?

[Blackcat31]

Some states have a limit for the number of hours a child care can be open and maybe a limit for maximum hours a child can be in care but I know my state has no such law.

I also know that some programs that assist parents in paying for their child care also place those kinds of limits on max hours but again, my state's assistnace program doesn't do that either so I would have to say that I think laws for that are pretty unique to each area.

I have also heard others in different forums and areas complain about such things.

[AllDeezBabies]

In Illinois, providers are unable to keep a child in care for no more than 17 hours in a day.

[Former Teacher]

Originally Posted by cheerfuldom

A mom on another forum was complaining that she thinks kids are in daycare too many hours (I agree) and isn't there a law that regulates the max number of hours a child can be in childcare? I have never heard of any law, any where and said as much. Even if a daycare is kept to such laws, I dont believe there is anything that says a parent cannot take them to another sitter for further daycare hours. Anybody ever heard of any law or regulation anywhere about this?

In TX a child can not be in care for more than 12 hours. Nor can a worker be in direct care of children for more than 10 hours....screwed I know.

[Heidi]

In WI, it's 12 hours for the child (at ONE dcp), and up to 16 for the provider, but we can only provide LICENSED care for 12 hours. The other 4 is ok for certified (less children) or unregulated.

Honestly, they can only really hold a provider to the regulated hours though. If you have chiildren overnight, they can't do much unless the children are subsidized, in which case your records would show you are over hours OR you would be lying and committing fraud. Of course, if you have more than 3 children under 7 in care, you must be regulated, so you couldn't have 4 overnight, lets say, and be in compliance.

To further confuse you all, you could hire your spouse to be a second provider, if he has all the required training. If you are certified, you can sleep when the children sleep, so your husband could be "the provider", and everyone could go to bed at night. However, if you are licensed, a trained provider must be awake at all times (and they DO check). So, in areas where there is a need for 2nd or 3rd shift, people usually get licensed for 12 hours, then certified for the other 12, and the husband takes the minium training, although the wife still does all the childcare, technically (while dad sits on the sofa...you all know the drill....lol).

Breaking any regulation, even during hours you are not regulated, would cost you your license here, plus they would recoup every penny they felt you were overpaid (any time you are out of compliance, you are overpaid per the state) AND you would be kicked out of the food program AND they would recoup all the $ you got.

Whew...it does not pay to break the rules around here...

unless you just never get licenced at all, and then you can apparently do whatever you want, and they just keep sending you nasty letters.

[MrsB]

In Maryland it is 14 hours in a 24 hour period. So they wouldnt be able to come from say 2pm - 12am and then from 8am to 1pm the next day.

[Michelle]

In Calif, it's 24 hours.. I literally had a rep tell me that they can be here for 23 and a half hours then grandma or parent can come take them for half an hour and bring them back for another 23 and a half hours.....
I have never done this...nor do I want to

[Sunchimes]

Former_Teacher, I hadn't heard this (I'm in Texas too). Until recently, I had a child here for 12.5 hours a day, 3 days a week. Her mom's job required four 12 hour shifts a week-well, three 12 and one 8 hour shift. I have another who is trying to get a new job which has the same hours. How are they suppose to find day care if it isn't legal to care for a child mover 12 hours. I must be missing something.

[small_steps]

Originally Posted by Former Teacher

In TX a child can not be in care for more than 12 hours. Nor can a worker be in direct care of children for more than 10 hours....screwed I know.

Former Teacher..I too am in texas..where have you found this rule? I know that Texas used to have in minimum standards that a child couldn't be in care for over 10 hours, however I have noticed that has been removed. I knew about the teachers working only 10 hours but if I'm not mistaken, they have no rules any longer on how long the children are actually in care, although I wish they would bring that back.

[small_steps]

Originally Posted by Sunchimes

Former_Teacher, I hadn't heard this (I'm in Texas too). Until recently, I had a child here for 12.5 hours a day, 3 days a week. Her mom's job required four 12 hour shifts a week-well, three 12 and one 8 hour shift. I have another who is trying to get a new job which has the same hours. How are they suppose to find day care if it isn't legal to care for a child mover 12 hours. I must be missing something.

I don't think you're missing it..I think they have changed this. We searched and searched for this a couple of years ago in minimum standards until I finally emailed my licensor and she said that was no longer in effect.

[Former Teacher]

Originally Posted by Sunchimes

Former_Teacher, I hadn't heard this (I'm in Texas too). Until recently, I had a child here for 12.5 hours a day, 3 days a week. Her mom's job required four 12 hour shifts a week-well, three 12 and one 8 hour shift. I have another who is trying to get a new job which has the same hours. How are they suppose to find day care if it isn't legal to care for a child mover 12 hours. I must be missing something.

Originally Posted by small_steps

Former Teacher..I too am in texas..where have you found this rule? I know that Texas used to have in minimum standards that a child couldn't be in care for over 10 hours, however I have noticed that has been removed. I knew about the teachers working only 10 hours but if I'm not mistaken, they have no rules any longer on how long the children are actually in care, although I wish they would bring that back.

Originally Posted by small_steps

I don't think you're missing it..I think they have changed this. We searched and searched for this a couple of years ago in minimum standards until I finally emailed my licensor and she said that was no longer in effect.

Ok thanks Ladies...I thought I was going crazy . I, too, tried to find it and I couldn't. The only thing I found was the standard stating about nighttime care stating a child can't be in care for more than 16 hours in a 24 hour period. That standard is 746.3203 page 103

It's been 3 years since I worked with licensing and apparently from what I read on here and the MS book, they kept the stupid stuff and got rid of the important, IE hours in care.

[Former Teacher]

Oh and I wanted to add that the standard regarding no more than 10 hours of care for a caregiver is 746.1003 #5

[Sunchimes]

Ok. Got it. The part about 10 hours of care is for centers. I am a listed home, so I'm not tied to the same rules (or get the same benefits I might add), so I wasn't overly concerned. I try to run my business as close to a registered home as I can, simply because most of it makes good sense. But, I'm glad to have the freedom to skip the parts that don't work for me. Thanks everyone!

[Countrygal]

BBO - I was wondering: my certification rules say nothing about the 12 hour limit. Is that a licensing limit? I do know from when dgs had daycare that the state assisted children could not be in care more than 12 hours, even if they were self-pay after the 12. It caused me a LOT of problems being single. The job I had at the time had occasional out of town training and I could never leave him at the family daycare, at least not legally. Sometimes I would have to work over night (inventory) until done, usually more than 12 hours including drive time. It was a royal PITA.

[Heidi]

Originally Posted by Countrygal

BBO - I was wondering: my certification rules say nothing about the 12 hour limit. Is that a licensing limit? I do know from when dgs had daycare that the state assisted children could not be in care more than 12 hours, even if they were self-pay after the 12. It caused me a LOT of problems being single. The job I had at the time had occasional out of town training and I could never leave him at the family daycare, at least not legally. Sometimes I would have to work over night (inventory) until done, usually more than 12 hours including drive time. It was a royal PITA.

I'll check it out for you...I think it's 16 for certified.