COMMENTS AT PUBLIC HEARING
February 24, 1999
By Betty Davis

I speak today as a parent and as a member of the International Nanny Association. House Bill 3080 is a realistic attempt to regulate these federally sponsored agencies. I applaud the Committee in its work to provide for the safety and well being of children. I support House Bill 3080.

Section 2 of Bill 3080 states, as stipulated by federal regulations, that au pairs are to provide "limited" child care services. Is a 45-hour workweek limited hours? This is the crux of the problem. It is inevitable, that there will continue to be tragedies resulting in either the harm or death of a child, unless these programs are re-designed for their original and intended purpose of cultural exchange, or reformed and managed as any other program that brings foreign workers into the US.

We are in Massachusetts, and are here today to discuss a Massachusetts Bill. With that it mind, the requirements of Bill 3080 will ensure that any au pair that provides for childcare in Massachusetts will truly be "experienced" and "screened" as advertised to families by the au pair agencies. It should be noted that the requirement for the au pairs driving record to be checked is difficult. Many have international driver’s license and it is impossible to acquire a driving record of anyone possessing such a license.

It is my opinion that there is a place for cultural exchange programs in the scheme of American childcare. It is part-time, about 20 hours per week, providing after school care or part-time care for older children ages 4-13, which is so woefully needed in this country. Indeed, this would be an opportunity for true cultural exchange with children learning the language and customs of other countries and the au pair experiencing the American way of life. Another appropriate use of these cultural exchange programs is for the au pair to function as a "mother’s helper" whose role is to assist a parent caring for children, not working unsupervised for 9 hours a day.

If, however, the au pair programs are to continue with a 45-hour week work, than at the federal level their supervision should be transferred to the Immigration and Naturalization Service (INS) which monitors all programs that bring foreign nationals into the US for work. Just as any federal work program, the au pair should be compensated at the same level as her American counterpart. There have been a number of attempts to transfer management of these programs from the USIA, which manages student exchange programs, to the INS. Each time the USIA has supported that effort and each time the au pair lobby has stopped it.

Au Pairs are seeking cultural exchange and a chance to see the USA and that is what is "sold" to them in their countries. While some au pairs are in the true sense experiencing a cultural exchange, the vast majority is simply working full time. Parents that employ au pairs are "sold" experienced, screened childcare. There is clearly a mismatch of motivation and expectation on both sides. Because of this difference, the reform and changes proposed in this Bill are necessary.

So little is done to help middle and lower income families that are in such desperate need for childcare. We should ask ourselves, "Why does our government sponsor these agencies that in effect provide "subsidized" care for high income levels families (the top 5% of wage earners) by offering "discount" childcare as well as significant tax benefits through Dependent Care Assistant Plan accounts at work?"

Betty Davis,
President