In a Situtation

[goodcitizen]

I'm trying to do some research for a friend and would really appreciate any help.

Unfortunately, my friend's daycare is over the limit, and got reported by a disgruntled former employee. Now they have a week to comply with the right amount of kids or else they'll face criminal actions as per the letter.

I tried Googling the criminal actions consequences but nothing came up. I don't know if it's a fine or what???

My friend said they've gotten a letter like this in the past and they ended up having to pay a fine and had to stop seeing the extra kids.

This time they're not going to be able to let go over the kids.

Can they apply for a license and get issued a temporary one while going through the process so they don't have to let go of the kids?

I'm going to call a lawyer tomorrow but I wanted to see if anyone has any suggestions?



Thanks,

[Alwaysgreener]

Laws for day cares, vary by state, so fines and stuff would be based on the state she is in. In my state jail time can happen.

As for a lawyer, she can try civitas for a free consultation

https://www.tomcopelandblog.com

But my recommendation would to let the over kids go.

[Michael]

Correct, each state is different. I would think it would be an infraction on your license with a possible fine. Here are more posts regarding Over Capacity: https://chat.daycare.com/search?sear...acity%22%5D%7D

[DaveA]

Like the others said- it varies by state. But on a practical level if they’ve been caught for this before and are still doing it they’re basically waving a red flag and saying “kick me” to licensing. It’s an easy target: repeat violater and easy to prove.

Short term- terminate the extra kids
Long term- get the proper license and stay in compliance

[Blackcat31]

I'm trying to do some research for a friend and would really appreciate any help.

Unfortunately, my friend's daycare is over the limit, and got reported by a disgruntled former employee. Now they have a week to comply with the right amount of kids or else they'll face criminal actions as per the letter.

I tried Googling the criminal actions consequences but nothing came up. I don't know if it's a fine or what???

My friend said they've gotten a letter like this in the past and they ended up having to pay a fine and had to stop seeing the extra kids.

This time they're not going to be able to let go over the kids.

Can they apply for a license and get issued a temporary one while going through the process so they don't have to let go of the kids?

I'm going to call a lawyer tomorrow but I wanted to see if anyone has any suggestions?



Thanks,

If they are breaking the law now (being over ratio) they certainly wouldn’t be granted a temporary license to remain over capacity. They should have applied for that before being cited or getting in trouble.

Usually the criminal consequence is a fine, having a conditional license or losing the right to be licensed at all.

A conditional license in my state means being subject to drop in visits from licensing at any time to check compliance and that the ratios are being followed.

What state are you in if you don’t mind saying…

[Guest]

Yeah, your friend should come into compliance with the law and let the extra kids go immediately. Sorry to be so blunt, but this is just the thing that gives childcare facilities a bad reputation ...especially when something happens and it makes the news.