Overview
According to the Unlicensed Care section of the Department of Early Education’s Field Operations and Investigations Units 2018–2019 policy,
Complaints of unlicensed care are prioritized and addressed in the following ways.
If the caregiver once had a license, a licensor will visit the home. If unlicensed care is occurring, the licensor will write a report citing only unlicensed care. The cover letter to the report should note any special dangers to children in care. The Family Child Care Supervisor will draft a Cease and Desist Order regarding the unlicensed care that will be reviewed by the Regional Director and forwarded to the Deputy Commissioner for Field Operations for review and approval. Once approved, the Regional Director will issue the Cease and Desist Order. After the Regional Director issues the Cease and Desist Order, the licensor will conduct a follow-up visit to confirm that the caregiver has stopped caring.
If the caregiver never had a license and the complaint identifies dangerous conditions in the home, the licensor will plan an immediate visit. If the licensor finds that there is a danger to the health, safety or well-being of children in care, the licensor will write a report and the Supervisor will draft a Cease and Desist order. If the circumstances warrant an investigation, an investigator may be assigned by the Associate Commissioner for Field Investigations.
If the caregiver never had a license and the complaint does not identify dangerous conditions in the home, the licensor will send the caregiver a letter and an application that is stamped “Unlicensed Care”. The letter instructs the caregiver to call the licensor or Supervisor immediately upon receipt of the letter. If the caregiver calls within five (5) days of the letter’s issuance, the licensor will determine whether the care is licensable. If the caregiver appears to be exempt, the licensor will send an exemption request form. If the caregiver agrees to stop providing care, the licensor will make a follow-up visit to confirm that care is no longer being provided. If the caregiver does not stop, the Supervisor will draft a Cease and Desist Order regarding the unlicensed care. If the care is licensable, the licensor will plan a visit to the home.
If the caregiver does not call within 5 days of the letter’s issuance, the licensor will plan to visit the home in consultation with the Supervisor. At the home visit, the licensor will determine whether care is occurring and whether it is licensable. If the care is within an acceptable range, the licensor will ask the caregiver whether she will stop or apply for a license. If the caregiver agrees to stop providing care, the licensor will make a follow-up visit to confirm that care is no longer being provided. If the caregiver does not stop, the licensor will inform the Supervisor who will draft a Cease and Desist Order and follow the procedure as outlined above. If care is within an acceptable range and the caregiver will apply for a license, the licensor will advise the caregiver that:
- s/he may not enroll any new children until she is licensed;
- s/he must complete and submit the application to [the Department of Early Education and Care (EEC)] within 5 days;
- s/he must submit Consent for Background Record Check forms for all household members and those regularly on the premises; references; a check payable to the Commonwealth; and proof that she has scheduled dates for CPR and First Aid training, attended an orientation training, and has completed a medical exam.
The Consent for Background Record Check [(BRC)] will be sent to the EEC BRC unit for immediate processing. The licensor will write a follow-up letter to the caregiver explaining that if the completed application form and all required information is not received by EEC within 5 business days of the home visit, EEC will issue a Cease and Desist order.
If the caregiver submits a complete and timely application packet, it will be reviewed with the regular applicant pool.
| Date published: | November 25, 2024 |
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