by Stacie Steelman
We have been asked recently to give our opinion on the case of Diane Stretton and the Bracamonte family of Upland, CA, better known as “The Nightmare Nanny” or “The Nanny Who Won’t Leave”. It is a very interesting case and not typical in nature. Room and board in exchange for childcare is not considered in the eyes of the industry to be a “professional nanny” employment arrangement. There are some legally significantly items that would better define a “professional nanny” employment arrangement that were not implemented in the process of establishing the Stretton-Bracamonte work arrangement.
Let’s review and discuss the simple steps you can take to avoid having something like this happen in your home.
As the CEO of a Southern California Nanny and Domestic Referral Agency, and an acting Board Member for the International Nanny Association (INA) I recommend the following practices to legitimize the process of hiring a nanny or domestic employee, and most particularly a live-in household employee. Clearly neither I nor the INA are offering specific legal advice; however, these are some solid suggestions and precautions that bring assurance to the hiring process.
- Establishment of a Written Employment Agreement, including a valid compensation agreement that meet’s your state’s minimum wage standards.
- A properly worded clause in the agreement that states that the Live-In Nanny is not a tenant. Tenancy laws vary by state, and an employment attorney can assist you here.
- A thorough assessment of the candidate’s background should be done INCLUDING an evaluation of civil cases that the potential candidate may have in their background to better evaluate character. This particular nanny had over 36 civil cases in her background. Additional recommended searches are a local county and or state wide search if available, a DMV report, a National Criminal Records Locator, a Social Security Verification, a Sexual Offender Registry search, a social media check, and in some cases a drug test. Take advantage if your State offers a regulated live scan/fingerprint technology program similar to California’s Trustline program. Learn more about the INA’s Recommended Practices for Nanny Background Screening.
- Speak to the prospective household employee’s references! Reputable nanny placement agencies heavily rely on reference checks, including speaking directly to the managers or heads of the household of the potential household employee. Ideally we look for applicants with a stable work history of at least 3 long term employers when possible.
- Conduct a through evaluation of the candidate’s employment history and relationships including an evaluation of their address history (an essential part of a nanny background screening process).
Keep in mind, credible professional nannies can be located from a variety of sources such as personal referrals, professional nanny referral agencies, the internet, and print publications. Look for professional nanny referral agencies who belong to and support professional organizations such as the International Nanny Association.
The practices you put in place surrounding hiring, retaining, and letting go of that nanny are the most integral part in the chances of a successful process. The above list of recommendations can be greatly expanded upon; however, I feel this is a good foundation to begin with. More information is found in the INA’s Nanny Employer Handbook, available as a free download.
It is extremely unfortunate that this Upland family and Ms. Stretton found themselves in this situation. I sincerely hope they are able to reconcile the situation as quickly as possible. In the meantime, if you follow best practices in household employment you can avoid placing your family in a similar situation.
Stacie Steelman is the CEO and Founder of Crunch Care, a full service nanny and domestic staffing agency in both San Diego and Orange County California. Stacie has over 10 years in the corporate staffing sector and has been in business in Southern California for almost 10 years.
Today Stacie sits on the Board of Directors for the International Nanny Association and acts as a local expert in the field of domestic employment, and acts as legal expert witness in cases that pertain to domestic employment.