
by John Morales
Misconception: "I can provide fulltime care for up to 3 unrelated children in my home without having a permit; it's only babysitting." Nope. Not according to the Texas Child Care Licensing Division. If you provide regular care for just one unrelated child and are receiving anything of monetary value for that care, then you are engaged in an illegal activity, plain and simple.
Remember the old adage, accidents will happen? Well if it happens to a child while in your unlawful care then it's no accident; it's your fault. Consider it the consequences of driving without insurance. And should a death occur to a child in your care―God forbid―then your freedom, as would that of an uninsured motorist under similar circumstances, would most certainly be in jeopardy.
Eight Texas children died in unregulated care in 2004. Ten died the following year in 2005. In an earnest attempt to eliminate this deadly trend, the Texas Department of Family and Protective Services (DFPS) launched its statewide "Don't Be In The Dark" campaign in February 2006, targeted at educating both parents and illegal child care providers in the dangers of unregulated care. Unfortunately for the young children of Texas, however, the campaign derailed shortly after having left the station in Austin, especially when noting two important measurable factors: 1.) there were 18 children who died in unregulated care during the initial 2006 campaign year, marking a horrifying increase of ten from the year before, and 2.) the number of regulated child care homes in Texas continues on a steady decline, despite a commonsense increase in the need for child care from year to year which should suggest otherwise. Further suggesting that underground operations are filling the need.
In comparison to resolving citizen resistance to mandatory seat belt laws when government education fails, the only way to curb illegal child care is with enforcement. A good place for licensing investigators to start is by monitoring the child care section of craigslist.org, where literally thousands of illegal providers solicit families daily for business. Some openly blatant ads boast of loving care in Christian homes, and yet the majority of these "Christian" providers know very well that what they are doing is illegal (child care law is posted to Craigslist by concerned citizens at least weekly, and in some instance several times a day due to quick flagging for removal by underground operators who dominate the list).
Here's something to consider. If state law enforcement officials were made aware of a particular town in which the majority of motorists had refused to wear seatbelts, what do you think the state's action would be in response? Almost assuredly they would launch a Don't Be Caught On The Streets campaign with troopers handing out stiff fines to motivate offenders into compliance. Incidentally, the law doesn't care if you're a single mother with half-a-dozen mouths to feed. If you get caught, you'll pay the price. As harsh as it may sound, the ultimate goal here, as with child care licensing, aside from assuring the general health and safety of citizens―is to save lives.
Registering in Texas as a child care provider is simple and inexpensive. It's even forgiving if you're currently caring for children and are unaware of the law.
Click Here for information on how to start a child care business.
Information for this editorial was taken in part from various pages within the Texas Department of Family and Protective Services website.
"Parents urged to carefully choose daycare. More facilities are unregulated; deaths on the rise in Texas." by Corrie MacLaggan of The Austin American-Statesman
"A Plan To Eliminate Illegal Child Care" by Tom Copeland of Redleaf National Institute: The National Center for the Business of Family Child Care
"The 5 Things That Could Destroy Your Daycare Business" by Christine G. Groth, creator of The Guide to Instant Daycare Profits