ALL CHILDMINDERS WILL be required to register with Tusla by 2027 under new regulations published by the Department of Children today.

Under the new regulations, childminders will only be allowed to look after a maximum of six children at any one time, and only two of those can be aged under 15 months. This will only be permitted in the childminder’s home. 

Parents will also be able to receive subsidies under the National Childcare Scheme, which provides financial support to help with childcare costs, when they use a registered childminder. 

Up to now, the Child Care Act 1991 has exempted most childminders from regulation. Currently, fewer than 70 childminders are registered with Tusla. 

In 2019, the European Commission reported that Ireland was “the only country with a large unregulated childminding sector, indicating a potentially large under-supply of regulated home-based provision”. 

Registration for childminders will open on 30 September with a fee of €40. 

There will be a transition period of three years, during which time childminders will be able to register with Tusla, but they will not be required to do so until autumn of 2027. 

When asked what would happen if a childminder wasn’t registered after this period, a spokesperson for the Department said:

“That will be a matter for Tusla, the statutory regulator. It will be a legal requirement at that point. Tusla has powers under the primary legislation to take action if it needs to.”

According to the Department, the regulations are being introduced “to safeguard children, to provide assurance to parents of the quality of childminding and to recognise childminders for the work that they do”. 

The regulations were developed following an “extensive” consultation process, which included childminders, parents and experts from other jurisdictions where childminding is regulated. 

A spokesperson for the Department said there was “a lot of negative sentiment” during the consultation process in relation to the draft regulations.

It said it had made quite a number of changes in response to the consultation, and that it was “cautiously optimistic” the new regulations are more favourable.

Minister for Children Roderic O’Gorman hailed the publication of the new guidelines as a “historic day”. 

“Since coming into office, I have been committed to the extension of regulation and supports to all paid, non-relative childminders, which in turn will open up the National Childcare Scheme to parents who use childminders,” he said.

New rules

The Child Care (Amendment) Act now identifies childminding as a third district type of early years service.

Under the Act, a ‘childminding service’ means a service that:

• “Entails an individual taking care, by himself or herself, of children under the age of 15 years, in the home of the individual
• “Is provided to children (other than the individual’s own children) for a total period of not less than 2 hours per day”.

In 2022, around 53,000 children were being cared for by an estimated 13,000 childminders.

Until now, childminders who looked after four or more preschool children in their home - or seven or more children of any age – had to register with Tusla.

But in future, childminders who care for more than six children at once must register as a preschool service. 

If the childminder has other children in the house who are under the age of 10 years old at the same time, such as their own children, it will be considered as part of that maximum number. 

However, if the other children are in the care of another adult in the home and not impacting on the childminder’s care, they will not count towards the number of children being cared for. 

Nannies and au pairs are exempt from registration. The National Action Plan for Childminding does commit to developing information and training resources for nannies and au pairs.

Requirements

Childminders will also be required to undergo some pre-registration training of around six or seven hours which will be funded by the State, as well as a Child Protection E-Learning course and Garda vetting. 

A first-aid certificate will also be required. A spokesperson for the Department said it has previously made funding available to support childminders to do first aid training, and they anticipate running another scheme in the future.

Childminders will also be required to have a formal contract with the parents of the children they care for, as well as insurance and a self-declaration of suitability. 

Named emergency cover persons and a pre-registration assessment by Tusla are also required. 

Childminders will not have to stop working during the registration and training process, which will be flexible to suit the hours that they work.

There is also no requirement for any special equipment or furniture, or a curriculum for childminders to follow. Operating hours will also remain between the childminder and the parents. 

Fixed sleeping times or meal times are also not part of the new regulations. There are no restrictions on children eating with the childminder’s family, and childminders will not be required to record their own children’s presence in the home. 

National Childcare Scheme

The National Childcare Scheme (NCS) provides financial support to help with childcare costs.

There are two types of childcare subsidy under the scheme; a universal one which is not means tested and an income-assessed one which is means tested.

The subsidy is paid directly to the childcare provider, and the childcare provider will then subtract this subsidy from the childcare bill.

Once registered, childminders can apply to qualify for the NCS. From this month, the subsidies have increased from €1.40 to €2.14 per hour, per child. 

This can be up to €5,000 per year for full-time care, while means-tested subsidies are even higher, the Department said. 

From next week, pre-registration training for childminders will start through local County Childcare Committees (CCCs). 

The regulations will commence and the Tusla registration portal will open from 30 September. 

The regulations will be reviewed before the end of the three-year transition period. 

A spokesperson for the Department said they believe the new regulations will help support childminders who are already in existence.

“They’ll be on a level playing field with center-based providers, but it’s also very possible that some people who aren’t childminding may consider now taking up childminding, knowing that these subsidies are available,” the spokesperson said.