Business Law

Ask a business lLawyer. Get business law questions answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

My husband and I want to start a summer baby-sitting service…

Customer Question
My husband and I want...
My husband and I want to start a summer baby-sitting service on the beach (in a beach community). We would be working with 5-10 children at a time ages approx. 4-10. Do we need to be aware of any legal issues?
Submitted: 3 years ago.Category: Business Law
Show More
Show Less
Ask Your Own Business Law Question
Customer reply replied 3 years ago
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 11 hours by:
5/26/2015
Business Lawyer: Maverick, Attorney replied 3 years ago
Maverick
Maverick, Attorney
Category: Business Law
Satisfied Customers: 6,667
Experience: 20 years of professional experience
Verified
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
Most experts will shy away from answering such an open-ended question as there are potentially 100s of issues that may come up. Thus, if you have a specific legal question that you want us to answer, please let us know.
Ask Your Own Business Law Question
Customer reply replied 3 years ago
I guess the main question is when does babysitting become "daycare" which we know requires licensing and insurance?If we are merely babysitting a small group of children on the beach/playground for a few hours at a time during July and August (with the intention of giving parents a few hours to enjoy their vacation in peace and quiet), with no facility and the parents' permission, are we opening ourselves up to any liabilities?And if so, is there any protection we should consider?Thanks!
Business Lawyer: Maverick, Attorney replied 3 years ago
1. I guess the main question is when does babysitting become "daycare" which we know requires licensing and insurance?
Under the provisions of the Manual of Requirements for Child Care Centers (N.J.A.C.10:122) if you are caring for six or more children below 13 years of age is required to secure a license from the Office of Licensing in the Department of Children and Families, unless the program is exempt by law.
See 10:122-1.2(d) for a list of these exemptions:
http://www.nj.gov/dcf/providers/licensing/laws/CCCmanual.pdf
2. If we are merely babysitting a small group of children on the beach/playground for a few hours at a time during July and August (with the intention of giving parents a few hours to enjoy their vacation in peace and quiet), with no facility and the parents' permission, are we opening ourselves up to any liabilities?
Yes, any time you care for someone else's children whether as a baby sitter or in a formal day care facility you are held to the standard of reasonable care. So at a minimum you could be sued for negligence.
3. And if so, is there any protection we should consider?
You should consider buying liability insurance; see link below for an example:
http://www.nationwide.com/day-care-insurance-hi.jsp
You would also want to consider opening the business under an S-corporation.
Please assign a feedback rating so JA will compensate me for my time. You are free to ask follow-up questions thereafter at no charge. Please allow up to 24 hours for a follow-up response if I am signed off.
If, for some reason, you are not satisfied with the answer, I would appreciate knowing why so that I can try to clear up any misunderstanding that may have taken place. Also, if you need a refund, just let me know and I will inform JA on your behalf. Finally, you may request me in the future by beginning the question with "THIS IS FOR MAVERICK".
Thank you for using Just Answer. Best wishes for 2015
Ask Your Own Business Law Question
Customer reply replied 3 years ago
Hi, I tried to follow up last week, did you not receive it? My final follow up questions were...Since NJ states that a license shall be required for a "facility" of 6 children or more. We have no facility and are simply offering babysitting services on the beach: in essence providing parents the chance to take a short break from their kids to enjoy themselves and each other when they're hanging out on the beach by offering a very experienced caretaker to watch their kids for a little while. If so are we OK to go without the license as long as we don't go over 5 kids per group?Also, thanks for the liability suggestion. We will look into that. Thanks!
Business Lawyer: Maverick, Attorney replied 3 years ago
Not sure what happened but as you can see from the log above, I did not receive your follow-up questions until just now.
Since NJ states that a license shall be required for a "facility" of 6 children or more. We have no facility and are simply offering babysitting services on the beach: in essence providing parents the chance to take a short break from their kids to enjoy themselves and each other when they're hanging out on the beach by offering a very experienced caretaker to watch their kids for a little while. If so are we OK to go without the license as long as we don't go over 5 kids per group?
1. The relevant law states that:
(h) When a person intends to care for six or more children under 13 years of age, he or she shall apply for and secure from the Office of Licensing a license to operate a child care center.
(a) "Child care center" or "center" means any home or facility, by whatever name known, which is maintained for the care, development or supervision of six or more children under 13 years of age who attend for less than 24 hours a day.
So, yes, your safest bet is to not go over 5 kids per group. While you also may have exception that come into play because of you "no facility" arguments, as you can tell from reading the law, those are murky to say the least.
(c) The term, child care center, shall not include the following programs, since they do not meet the definition of a child care center:
1. A program serving fewer than six children who are below 13 years of age;
2. A program, such as that located in a bowling alley, health spa or other
facility, in which: 10:122-1.2 Definition of child care center
i. Each child attends on a drop-in basis for no more than two hours;
and
ii. The parent of each child attending the program is in the same
building, is readily accessible at all times on an on-call basis, and is able to resume control of the child immediately;
3. A child care program operating within a geographic area, enclave or facility that is owned and/or operated by the Federal government;
5. Programs that offer activities for children who attend at their own discretion on an "open door" basis, where there is no agreement, written or implied, between the program and the parent for the program to assume responsibility for the care of the child; and
6. A program offering child care on an ad hoc, sporadic and isolated basis in order to meet an emergency or special need, such as during emergency school closings, conferences or training sessions.
You program appears to meet some but not all of the requirements of each of the above other exceptions. For example, if the beach is on a federally owned and operated park, you may not need a license.
Ask Your Own Business Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a business lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Maverick Your Own Question
Maverick
Maverick
Maverick, Attorney
Category: Business Law
Satisfied Customers: 6,667
6,667 Satisfied Customers
Experience: 20 years of professional experience

Maverick is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

2,032 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

778 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

683 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

604 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
I have asked a guy to send me rents collected ( my homes in
I have asked a guy to send me rents collected ( my homes in india), $9,500 USD in India and he send the money to my US bank account and deposited it (He said one of his friend in USA deposited, cash).… read more
socrateaser
socrateaser
1,031 satisfied customers
I have a unfair franchise issue that is supposed to be
I have a unfair franchise issue that is supposed to be solvedbe by 9am Monday, Is their someone I can retain for help now … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What is the in home stripper entertainment massage laws in
what is the in home stripper entertainment massage laws in kentucky? … read more
Michael Bradley
Michael Bradley
JD
1,671 satisfied customers
My husband and I own a small concrete construction company.
My husband and I own a small concrete construction company. In the summer/fall of 2016 my husband was asked by another local business ,owner who ran an excavating company, to trade work. The guy had u… read more
Lori
Lori
Juris Doctor
2,151 satisfied customers
I lived in houston texas i just transfer a piece of land
i lived in houston texasi just transfer a piece of land worth 1 million to my 2 years old daughternow i want to sell it and pay debt on itbut title company will not do itany simple solution that allow… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
What are my rights when an Business Owner abandons the
What are my rights when an Business Owner abandons the business? I run an online Radio Station with a staff of approximately 35 ppl. The owner of the station abandoned it and the last communication wi… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,187 satisfied customers
My business partner and former personal partner Michael
My business partner and former personal partner Michael Moses Elkaim has committed misfeasance against my company, harassed me, friends family and cause me extraordinary psychological distress. He has… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
My partners and I are starting an adult porn company and I
My partners and I are starting an adult porn company and I am inquiring any federal laws I need to be aware of and if so where can I find the laws/codes/regulations/etc.?… read more
Ely
Ely
Attorney
Juris Doctor
604 satisfied customers
I was sending a memo and lost my previous note. and I paid a
I was sending a memo and lost my previous note. My name is***** and I paid a company some money to do business, after 3 days I requested a refund and was told I will not get my refund because I did no… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,528 satisfied customers
I was trying to pay the fee telephone consultation but it
I was trying to pay the fee for the telephone consultation but it seems there are problems with my payment, the charge for the non phone portion went through. Please advise me as to what we can do so … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Want to continue with att2020 Please advise att2020 and
Want to continue with att2020 Please advise att2020 and would like solidfy our relationship and settle my problem. would like to converse with att2020 by phone. 1(###) ###-####No problem in my calling… read more
Attorney2020
Attorney2020
Lawyer
2,480 satisfied customers
I have a question, I bought a business 4 weeks ago with a investor
I have a question, I bought a business 4 weeks ago with a investor that put the money up for me and our lawyer opened up a Llc corporation and Iwe kept the seller 10% and I owned 90% and the investor … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,391 satisfied customers
We are an India based software development firm having had
We are an India based software development firm having had a working relationship with a New York based firm for 10+ years. We have an offer on the table that requires us to get into an agreement for … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,391 satisfied customers
DEAR ATT. DIMITRY K.,IS THERE A TIME-LINE OF FILING
DEAR ATT. DIMITRY K., IS THERE A TIME-LINE OF FILING FOR A CUSTOMER REFUND ? PURCHASED ON 11-20, 2014. DEBRA xxxxxxxx… read more
Expert
Expert
Bank of America is moving forward with foreclosure while
Bank of America is moving forward with foreclosure while simultaneously offering to modify the loan,(Dual Tracking under 2923.6.) I would like to send to the Consumer Financial Protection Bureau a com… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,528 satisfied customers
I recently bought a bar/restaurant and nightclub with a
I recently bought a bar/restaurant and nightclub with a liquor license worth lot of money to the state in revenue in newark ,new jersey .but i am having a hard time making sales because there is a bar… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,391 satisfied customers
I want to take other people's funds and invest them for
I want to take other people's funds and invest them for compensation. What license, if any, do I need to do that legally?… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I am having a hard time understanding "GOVERNMENT CODE
I am having a hard time understanding "GOVERNMENT CODE SECTION 6000-6008" in regards ***** ***** newspaper of general circulation. In particular the printed and published sections......for example doe… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x