Tundraco's Daily Living Guide to Raising Kids Day Care Licensing and Regulations

Almost all day care providers and establishments are regulated by a licensing program, in addition to regulations governing such items as cleanliness, student teacher ratio, and state health requirements. Just because a day care complies with these regulations, does not necessarily imply that it is the right place for your child.

• These regulations merely set minimum standards, and they may not insure that the day care is a safe and well managed institution.
• Be a cautious consumer. Do your research. Talk to other customers of the establishment, and rely upon your gut feelings – if something about the day care doesn't seem right, go elsewhere.
• If a potential day care is not in compliance with all state and locally mandated regulations, go elsewhere. It cannot be repeated too often that these regulations merely set up minimal standards – if the day care cannot meet these minimal standards it is most likely not a safe place for your child.

Each state sets their own licensing requirements for day cares. These requirements can vary greatly, not only from state to state, but within a given state as various regulations may apply based upon the number of students in the day care, where it is located and whether it is nonprofit or a for profit establishment. In addition to state regulations, many counties also have additional requirements, as do many municipalities. As of yet, there are no federally mandated regulations concerning day care facilities.

• When selecting a new day care, be sure to ask to see their license. Is it up to date?

• Most states will conduct random health inspections of day cares, similar to those performed on restaurants. Ask to see the inspection reports. If they did not pass with a high rating – leave.

Regulations vary from state to state, and you will need to check with your state's Department of Health and Safety to learn what rules apply in your area.

• Most states require that any child attending a commercial day care establishment show proof of vaccination against specific diseases. Home providers are not normally required to meet this requirement, but it is your best interest, and your child's, if they have an established immunization policy.
• All facilities should have a formalized plan on how to handle emergencies, both medical and environmental. A few emergencies are handled by state codes, such as fires (although this is not always the case). Take a moment to consider other possible emergencies – tornadoes, toxic chemical spills, severe weather, the list is endless. What plans are in place to deal with these situations, and how will the parents be contacted?
• Many states now mandate that all child care providers undergo a background check, have their finger prints on file, and undergo periodic drug testing.
• There is normally a child to adult ratio mandated by the states. These rules also, usually, govern how many of those adults must be 'approved' day care workers and how many can be unskilled aids.
• Most day care facilities must also pass a sanitation inspection and may have to obtain a food handling certification, if food is prepared on site.

Many day care facilities are able to obtain exemptions from state requirements. These include religiously run day cares, voluntary, and nonprofit day cares. In all these cases, there is a requirement that the facility notify the parents, on a yearly basis, what rules the facility has been exempted from.

• Small, home based day cares are often automatically exempted from many regulations due to the small number of children under care.

Although a day care facility may be governed by a plethora of licensing requirements and statutory regulations, this does not guarantee that the governmental institution issuing the regulations will also enforce them. In fact, when there are inspections of day care facilities, it has been shown that inspectors will allow a facility to remain open, even for violations that would result in the immediate closure of any other establishment. In part this is due to their desire not to inconvenience the parents, who would than have to find other sources of care.

• For my part, I have to imagine that most parents would welcome such an inconvenience if it would insure a safer environment for their children.