Unlicensed Providers 620-01-140

(Revised 3/31/20 ML #3770)

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When a person is providing child care and no application has been initiated, Early Childhood Services has no authority to do an inspection. The provider may allow an Early Childhood (EC) Licensing Specialist into their home.

 

An EC Licensing Specialist may telephone the person to explain the potential need for a license and ask for permission to enter the home. The EC Licensing Specialist 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 EC Licensing Specialist becomes aware of a person who is providing care for more than 5 children or 3 children under the age of 24 months without a license, the EC Licensing Specialist shall:

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

2. Contact their Early Childhood Services (ECS) Supervisor 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 ECS Supervisor 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 ECS Supervisor, if the EC Licensing Specialist receives it.

7. Consult with the ECS Supervisor, if the provider continues to provide unlicensed care for more children than allowed by law.

8. The ECS Supervisor 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.