107 Iowa L. Rev. 851 (2022)

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Abstract

Illinois’ childcare scheme is flawed because it anticipates only two possibilities: (1) that parents send their children to a commercial childcare establishment where children are cared for by non-relatives and where facilities are subject to regulation; or (2) that parents send their children to a relative’s home where, by virtue of the close relationship, no regulation is required. Illinois’ regulatory scheme does not anticipate the possibility of parents blurring these two options by forming their own childcare solutions in which they provide care and share the burden of care with other parents. While COVID-19 popularized pod-based, parent-led cooperative childcare, this model is not likely to disappear alongside the virus. Given that childcare prices are rising at alarming rates and given that parents are more than equipped to assess whether an environment is safe for their child, Illinois should legalize pod-based, parent-led cooperative childcare by creating an exemption to current childcare licensure or at the very least, by allowing registration as an alternative solution.