Day Care Dilemma
Hunter1
808 Posts
I know some of you are involved in day care. How would your state look at this situation?
Day care owner/administrator has two children of her own, ages 10 and 12. During the summer, these two children accompany their mother to the center where they will sometimes 'help out' with the younger children. A disgruntled employee reported the situation to the labor department and they say that there's no violation of day care rules, but labor law is being violated: the children are too young to work, and cannnot volunteer at a for-profit business.
If one of the four year olds picks up after another child, has some law been broken??
What say you who are more knowledgable about the business?
Day care owner/administrator has two children of her own, ages 10 and 12. During the summer, these two children accompany their mother to the center where they will sometimes 'help out' with the younger children. A disgruntled employee reported the situation to the labor department and they say that there's no violation of day care rules, but labor law is being violated: the children are too young to work, and cannnot volunteer at a for-profit business.
If one of the four year olds picks up after another child, has some law been broken??
What say you who are more knowledgable about the business?
Comments
Just remembered - Wisconsin. I would think an agricultural state like Wis would have about the same rules. But, if disgruntled ee talked to Dept of labor, they should, theoretically, hypothetically, arguably (but not likely) know what they're talkin about.
I think it depends on the level of helping out that is done by the 10 and 12 year olds. If they're being charged to provide any care and given a level of responsibility, then maybe. But in a group of children, it's generally expected that the bigger kids help the younger kids. They help tie shoes, put crayons away, assist them to the bathroom. These are just general expectations in a group with mixed ages. In that case, the owner is merely reaping the benefit of allowing her two to attend day care for free.
I think marc will be the expert here.
That being said...I'm going to be a real "baddie" here. "What if" this owner/operator brought her children into work to help out with the younger kids. Sounds innocent enough? "What if" these youngers were accused of inappropriate touching, i.e., helping younger ones to the bathroom, etc.?
It sounds to me like she is taking too large a chance with her own children.
Maybe this scenario is far fetched, but I wouldn't do it.
[url]http://www.dol.gov/dolfaq/go-dol-faq.asp?faqid=335&faqsub=Age&faqtop=Youth&topicid=14[/url]
Nevada just follows the Fed's in this case and allows the sort of thing described.
As long as the day care center is not using the children to achieve it's required licensing ratios, it is probably OK. The same standard of care would with respect to supervision other day care workers would apply to the children. If I was a parent and thought the children were performing duties beyond their capability or in an unsafe manner, I would complain and perhaps move my kids to another provider.
I would be specially cautious about any care involving infants and would not allow the 10 and 12 year olds to lift the children being cared for. All of that is common sense though, and not the subject of any particular regulation.
Boy, that's the understatement of the decade! Common sense is certainly not the subject of any regulation. x:-)
I think the larger question is not whether it's legal, but would any customer want it done with their little ones in their charge. Who wants kids that young 'assisting in caring for' kids in a daycare? I'm not sure if Hunter1 has kids in that daycare, but I wouldn't want mine entrusted to being lugged around by another kid just so their momma could trip the payroll.
In AZ, children cannot be "in charge" of or in any way responsible for other children, and I think that is what you are describing. Any child in the classroom must be counted in the ratio as a child, even if it's not their normal classroom and even if they are significantly older than the kids in the classroom.
Children can be expected to clean up after themselves, or can be assigned age-appropriate tasks, as that is part of their development. Tasks such as scrubbing toilets cannot be used as punishment or discipline.
Hope this helps!
No, that's called age appropriate cooperation.