Legal Question in Consumer Law in California

Avoid this child care provider. They apparently are in violation of the law and public policy in the State of California.

You may want to report them to the appropriate local and state agency.

Mr. Kohler is being an alarmist and is flat out wrong. I think you are misquoting the form you are being asked to sign. The law does NOT require a Family Child Care provider to carry insurance or a bond, it requires them to carry insurance or a bond "OR to maintain this signed statement in the facility file." In other words, IF they do not carry the specified amount of insurance or a bond, they must notify you of that fact and demonstrate that they have notified you by keeping the signed form in their files. That is all. Insurance for child care providers can be very expensive, and many small providers, such as Family Child Care providers, cannot afford to carry the minimum insurance required in order not to use the form. So they must have each family sign the form and keep it on file. That is all. As for who is responsible, the form is NOT a release and does not in any way affect responsibility for injury to your child while in their care. All it means is that the provider does not have insurance to pay for any liability they might incur. So in the unlikely and unfortunate event that something happens and you have to sue them, there will be no insurance money to settle with or pay a judgement. It will just be whatever assets the owner personally has.