CHILDMINDING: For Groups
This web document explains the law in general. It is not intended to give you legal advice on your particular problem. Because each person's case is different, you may need a lawyer.
Revised and reprinted September, 1997
Examples
- Gurmit is the coordinator of a community centre. She’s had a call from someone who is willing to teach a series of Saturday morning sessions on using the Internet. She knows more people will come if she can offer childminding. What are the rules?
- Peter has enrolled in a course to help him quit smoking. The course provides childminding. He wants to know that his child will be properly taken care of.
Who is this fact sheet for?
This fact sheet is for groups that want to offer occasional childminding, and for people who want to use it. It explains what the law says, and suggests some common-sense guidelines.
These guidelines will help groups provide the best quality care when they offer occasional childminding, and help parents assess childminding services they may wish to use.
What the Law Says
B.C. has a law called the Community Care Facility Act. It covers looking after children in any kind of group setting. There are different kinds of child care, such as group day care, out-of-school care, and overnight care. Occasional child care that is supervised by adults other than the child's family is called childminding.
The legal details about child care are found in the Child Care Regulation to the Community Care Facility Act. Regulations are attached to all acts. They explain how the act should be put into practice.
If the parents are going to be off site (out of the building), then the childminding has to be licensed. This means that the childminding comes under the Child Care Facility Act, and by law must follow the regulation to the act.
For example, suppose a shopping mall provides childminding, where you leave your child while you shop. Because you will be off site, the childminding must be licensed.
If the parents or guardians are going to be on site (in the building where the children are) and readily available, then the childminding can be unlicensed. For example, if Gurmit offers child care, the parents or guardians are going to be on site.
This fact sheet looks at what is expected when the childminding is unlicensed, because the parents or guardians are on site and readily available.
Unlicensed childminding: parents on site
If the parents or guardians are on site, and the childminding is unlicensed, the Child Care Regulation of the Community Care Facility Act is not legally binding. However, responsible organizations that provide this kind of childminding often use the standards in the regulation as their common-sense guidelines.
If you are going to offer unlicensed childminding, get a copy of the Community Care Facility Act, Child Care Regulation. It is available from:
Crown Publications
521 Fort Street
Victoria BC V8W 1E7
Phone: (250) 386-4636
Fax: (250) 386-0221
Cost: $11.72 plus GST; credit card accepted. It may also be available from your local specialist bookstore.
Common-Sense Guidelines for Unlicensed Childminding
Here are some common-sense guidelines for unlicensed childminding. They can apply to any unlicensed childminding situation.
These guidelines are based on the standards required for licensed childminding. The Child Care Regulation can be voluntarily applied by any organization that offers unlicensed childminding.
Who can staff unlicensed childminding?
Paid staff or trained volunteers or the child's caregiver could staff the childminding program
- Childminders should be over 19 years of age and have some experience in caring for the age group of the children involved.
Experience could include working in:
— licensed child care programs
— family places
— parks or recreation programs.
- At least one childminder on site should hold a current first-aid certificate.
- Childminders should have a criminal records check.
- Ask childminders to provide:
— a letter from their doctor stating that they are in good health
— proof of a negative TB test.
What arrangements should you make with parents?
If you are offering unlicensed childminding, it’s essential to develop policies about roles and responsibilities. Be very clear as to whether a fee is involved, and if parents are expected to bring toys or snacks. You may wish to develop a standard form.
Points to consider include:
- Your childminding is for parents or guardians while they are taking part in a program you are offering and the parents agree to remain on site. This means that parents or guardians may not go on fieldtrips without their children.
- Check-in and check-out times are specified on the form.
- You will release the child only to the parent or guardian who brought the child to you. The child may not leave the premises without that parent or guardian.
- You will notify the parent or guardian if the child appears to be unwell or is not managing in the childcare situation.
- Medication will be administered only by the child’s parent or guardian.
- You require registration information for each child:
— child’s name and date of birth
— parent/guardian’s names and telephone numbers
— health problems including allergies
— any medication the child is taking
— phone number of doctor or dentist
— medicare number
What should parents look for in a childminding space?
- Is the space clean, adequately heated, well ventilated and well lit?
- Is the space usually used for some purpose other than childminding? You may need to check for tables that have sharp edges. Also check the floor covering. Will it offer some protection if a child falls? Is the room completely clear of dangerous equipment, such as staple guns, solvents, and paper cutters?
- Will the children be supervised at all times?
- Is there a safe play area? Does it have sufficient space for active play?
- What guidance and discipline techniques are used?
- Are washrooms accessible? Water not too hot? Do children go to the washroom unaccompanied? If so, are the washrooms shared? What procedures are in place to ensure the child's safety in the washroom?
- Are the equipment and furnishings appropriate for the age group? If the ages are mixed, what are the arrangements to ensure safe use of toys, for example.
- Is there a separate space for naps, with play pens or cribs where appropriate?
- Is there a well-stocked first-aid kit?
- Is there an emergency procedures plan in place and are staff and/or volunteers familiar with it?
What about liability issues?
What happens if you’re offering unlicensed childminding and a child has an accident?
The organization is liable in similar ways as when a client comes to the office or centre and has an accident. Talk to your insurer. If you have a liability package already, see how much it would cost to include childminding.
How much insurance should you have?
A typical liability package for a licensed childcare would provide coverage of up to $5 million. Your own package would depend on what you provide and the number of children involved
How many children can you have?
For how long?
The regulation for licensed childminding gives the minimum child/staff ratios for different age groups.
For example, the regulation gives the following guidelines for childminding for children who are 18 months to school age:
- Where every child in a group is 3 years of age or more, one responsible adult for each group of 8 or fewer children. The group should be not larger than 20, which would require a minimum of 3 adults.
- Where a child in a group is under 3 years of age, one responsible adult for each group of 4 or fewer children. The group should be not larger than 16, which would require a minimum of 4 adults.
- The regulation says that childminding for this age group should be not more than 3 hours of care per day, and not more than 2 days of care per week.
- If you are dealing with children who do not fit into this age group, look at the regulations to see what comes closest to your situation.
For More Information
The following organizations can provide you with more information:
Day Care and Early Childhood Education
Community Care Facilities Branch
1515 Blanshard Street
Victoria, BC V8W 3C8
Telephone: (250) 952-2707
Westcoast Child Care Resource Centre
201-1675 West 4th Avenue
Vancouver, BC V6J 1L8
Telephone: (604) 739-3099
INFORM, a program of
Westcoast Child Care Resource Centre
Telephone: (604) 739-0377
Toll-free: 1-800-565-3445
INFORM offers assistance to non-profit groups providing licensed child care, and has useful fact sheets.
The People’s Law School
#150 – 900 Howe St.
Vancouver, BC V6Z 2M4
phone (604) 331-5400
or fax (604) 331-5401
We are a non-profit society whose purpose is to provide British Columbians with reliable information about your rights and responsibilities under the law.
Acknowledgements
The People's Law School prepared this web version to be accessible to those of different visual abilities with funding from the Department of Justice Canada.
This document was based on a fact sheet prepared with the assistance of
Kathy Lamb, Manager, Child Care, Community Care Facilities Branch;
Dianne Goldberg, Child Care INFORM Program Coordinator, Westcoast Child Care Resource Centre;
Polly Evenden, Community Care Facilities Licensing, Vancouver–Richmond Health Board;
and Cathy Doeburt, Pre-School Playcare and Youth Social Coordinator, Bonsor Recreation Centre, City of Burnaby.
The original fact sheet was reviewed by Katalin Camara, Childcare Coordinator, Burnaby Family Life Institute;
Sheila Crompton, Coordinator, Marpole-Oakridge Family Place;
Lorie Nash, Playroom Coordinator, South Vancouver Family Place;
and Hydi Sham, Family Place Coordinator, Kiwassa Neighbourhood Services.
For the original fact sheet,
Coordinator & Editor: Gordon Hardy
Writer: Gayla Reid
Published September, 1997