HD59 - Federal Au Pair Regulations


Executive Summary:
The Virginia Department of Social Services was given the responsibility under House Joint Resolution #543, passed by the 1995 General Assembly, to monitor federal rule making regarding au pair regulations and to make recommendations for any state action that might be needed to protect young children and to inform parents who use au pairs of their rights and responsibilities.

The study was conducted by staff in the Division of Licensing Programs. Telephone interviews were conducted with staff in the United States Information Agency (USIA) and with staff in four of the eight organizations designated by the USIA to administer the au pair program in the United States.

The federal regulations include requirements for au pairs, for host families, and for the organizations designated by the USIA to administer the au pair program in the United States. The new regulations, which became effective on February 15, 1995, are mandatory for the first time. They require background checks on the au pair participant, including personal and job references as well as a criminal record check (or a recognized equivalent). The regulations also require child development and child safety training for all au pairs and at least six months of prior infant child care experience if they are placed with a host family having a child or children under the age of two. Some of the sponsoring organizations provide training for au pairs beyond that which is required by the federal regulations.

Based on the content of the requirements for au pairs and the requirement for oversight from the sponsoring organizations, it appears that further regulation by the State of Virginia is not necessary at this time and the recommendation to the General Assembly is to take no regulatory action.