Unlicensed Providers 620-01-140

(Revised 3/20/12 ML #3317)

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When a person is providing child care and no application has been initiated, the authorized agent has no authority to do an inspection. The provider may allow the authorized agent into their home.

 

The authorized agent may telephone the person to explain the potential need for a license and ask for permission to enter the home. The authorized agent shall explain to the person providing care that the provider’s own children under age 12 are included in the total count when present in the home.

 

When the authorized agent becomes aware of a person who is providing care for more than 5 children or 3 infants without a license, the authorized agent shall:

 

1. Telephone or visit the person and explain the situation and ask for permission to enter the home.

 

2. Contact the regional office to staff situation.

 

3. Complete SFN 382, Child Care Licensing Letter, attach the SFN 380, Unlicensed Child Care Provider Affidavit, and send to person by certified mail.

 

4. Send a copy of the SFN 382 to the regional office and to the local State’s Attorney or law enforcement office.

 

5. Gather appropriate documentation, including witnesses that have observed the conduct themselves. Hearsay is not appropriate documentation.

 

6. Send a copy of the signed SFN 380 to the regional office, if the authorized agent receives it.

 

7. Consult with the regional office if the provider continues to provide unlicensed care for more children than allowed by law.

 

The regional office shall consult with the central office for a referral to the local State’s Attorney’s office or law enforcement agency for legal action or referral to the Attorney General’s office for civil penalties if the actions of the unlicensed provider continue.