Your playgroup and babysitting halachic dilemmas, solved
You’re correct to be perturbed since this isn’t who you thought you were hiring. But most probably what happened was that the 17-year-old needed to cancel at the last minute and asked (or pressured) her 12-year-old sister — whom she trusted — to bail her out. She likely rationalized that she was acting responsibly and doing you a big favor, and therefore you should pay the 12-year-old the going rate of what a 12-year-old makes in your neighborhood for babysitting.
Certainly, if that girl is disrupting the rest of the kids of the group, you have a right (and a responsibility to the other parents) to inform the girl’s parents that this is just simply not working out for you (and her), and that they’ll have to find another playgroup for her. Obviously, this holds true only if you tried everything possible to make the child as content as possible, and you have run out of ideas as to how to alleviate the situation. You will also need to refund them any money if they prepaid in advance for the entire year.
Assuming that the person asking for information is doing so because she is interested in sending her child to this playgroup, you’re obligated to tell her of your opinion and share the facts of this playgroup to your best knowledge. But you must stress to her that this is your personal opinion due to the high standards that you expected to see in the playgroup. Other people may have a different level of expectations and might consider other factors as more crucial than the ones you have mentioned, and would be perfectly satisfied with this playgroup.
This is her playgroup and she sets the policy based on her business model and past experiences. It’s the responsibility of the parents to ask (before registration) any questions that they may have about the playgroup’s policies, and only then to make a decision whether or not they wish to send their child to this type of playgroup.
Technically, you signed up for the entire year, and it’s your responsibility to find a replacement if you leave in the middle of a contract. This holds true even if there was no signed contract but there was a clear agreement and understanding that you committed for the entire year. Still, the babysitter also needs to do her best to try to find a replacement, and if no one is found, you will need to negotiate with her about how much she expects you to pay.
While not explicitly forbidden, it’s highly inappropriate for her to do so. Most probably, she’s not aware that what she is doing is improper, so it’s your role to gently let her know in advance that she should sit in the back seat while being driven home. (If she’s being driven home late at night in a rural area where there is hardly any other traffic, this may be a yichud issue as well.)
During the day and early evening hours, if you have at least one more child (boy or girl) at home over the age of six, then yichud is permitted. During nighttime sleeping hours, as long as you have two children (boys or girls) over the age of six at home, even if both are asleep, yichud is permitted. If you have no other children at home, the preferred method is to ask a neighbor (or a family member) to randomly come into the house, which you will leave unlocked, and the babysitter must be told of this arrangement in advance. For this leniency to be valid, the neighbor must actually enter the house randomly.
It’s not self-apparent that you’re permitted to take anything (including food) from the house just because you’re babysitting there. The parents should advise you what you can take. If they don’t say anything, then ask.
She certainly didn’t do the job as she should have, but baruch Hashem, your kids didn’t wake up and no harm was done. We can also assume that if she fell asleep that deeply, it wasn’t something that she could have controlled or avoided. You do have to pay her for her services, but you may think twice if you’re ready to take her again for a future job!
(Originally featured in Family First, Issue 970)