Au Pair Agencies, Hosts Blast Regulation Plan : Families: New guidelines sought by U.S. Information Agency would require increased benefits and set new age and other qualifications. Critics call them well-meaning but too restrictive.

Orange County agencies that provide “au pairs”--young women and men from abroad who care for American children--say proposed government regulations could devastate their programs by imposing tough age and training requirements.

Although many of the agencies support regulation, the requirements proposed this week by the United States Information Agency, which oversees the program, are restrictive, costly and intrude on the choices families can make regarding their au pairs, said representatives of several au pair agencies.

On Wednesday, the USIA published regulations that, if put into effect, would require that au pairs be paid an allowance of $155 a week--a 55% increase--receive two weeks of paid vacation and work no more than 45 hours a week.

Moreover, au pairs would not be allowed to work in families with children under the age of 2 unless they are 21 years old or older and can show documented child-care experience. The regulations are scheduled to go into effect on Feb. 15 and would apply to au pairs hired after that. A 30-day public comment period began last Wednesday.

“What they are trying to do is make it into a stringent child-care program,” said Bill Gustafson, director of eurAuPair, part of the nonprofit American Scandinavian Student Exchange in Laguna Beach. “It is well-meaning, but there aren’t that many 21-year-old au pairs that are professionals in child care, and at best they’ve worked after school at child-care centers.” The regulations proposed by USIA were formulated to redefine the program’s emphasis and to respond to recent problems arising from inadequate screening, training and supervision of the au pairs, said Jim Morgan, spokesman for the USIA.

“For USIA, this was always meant to be a cultural exchange program with a child-care component,” Morgan said. “But over the years, because of the popularity of the child care, it flip-flopped and became more of a work program.”

Interest in regulating the program began more than a year ago, however, predating the recent problems with the program, Morgan said.

In August, a Dutch au pair was charged with involuntary manslaughter in the shaking death of an 8-week-old boy she was caring for in Fairfax, Va. Anna Peeze, 19, was sponsored by eurAuPair in Laguna Beach.

Another au pair left letters threatening to kill her young charges, and one accidentally burned a 1-year-old.

But some Orange County families hosting au pairs argue that these problems are the exception, not the rule.

“The government should re-evaluate the program and interview us,” said Lauren Jackson, 38, a full-time sales representative in San Clemente with two children, who are supervised by an au pair. “Let’s find facts first before you think the system is broken because of a few horror stories.”

Jackson believes the vast majority of au pairs who come to the United States do so with excellent intentions.

“My au pairs have loved and taken care of my children,” said Jackson, who is currently with her sixth au pair. “They travel with us, vacation with us, go to weddings and even funerals with us. They are integral parts of our family.

Au pairs are recruited from Western European countries, and must be between 18 and 26 years old, according to current federal guidelines. They must be secondary school graduates and proficient in English.

The program, which began in 1986 as a two-year experiment, has recruited about 40,000 women and men since then. The eight recruitment agencies are all nonprofit organizations.

Gustafson said the new regulations would spell the demise of the Laguna Beach agency because so few 21-year-old au pairs are available.

Currently, 63% of his agency’s au pairs are between 18 and 20 years of age, while only 37% are 21 or older.

Families often request an au pair younger than 21 to avoid problems with alcohol consumption, said Margaret Dent, director of Au Pair Program USA, in Salt Lake City.

“This magic number of 21 is completely arbitrary, and it doesn’t do a thing to protect the children,” Dent said. “It should be left to the family to choose which au pair best fits their needs.”

More than 60% of eurAuPair’s families have children under 2 years old. The agency is currently sponsoring 12 au pairs with Orange County families and 100 statewide.

Concerned parents have been calling their agencies nonstop since the regulations were announced.

“We have been flooded with phone calls from families upset with the regulations the past couple of days,” said Laura Blaskett, program director and vice president of EF Au Pair in Cambridge, Mass. “I think families want the choice to choose the age of the au pair and not be regulated by the government.”

But advocates for children say the new rules would help protect youngsters placed in the care of au pairs.

“Regulations will weed out folks who may use the the au pair program as just a cultural exchange or a ticket to the United State with housing,” said Sharon Reuss, communications director at New York City’s Child Care Action Campaign, a national nonprofit organization working to improve child care.

“It is important they understand they are undertaking a job to take care of children placed in their care, that they are not just here to get the car keys and hit the bars.”

One of the main concern agencies is the possibility the new regulations will exclude middle-class parents and limit the au pair program to the wealthy who can afford the added costs.

Those who cannot afford an au pair may turn to illegal markets in Europe and Latin America. Often those “nannies” do not have legal visas, and there is no recourse in the event of exploitation, critics say.

Blaskett said her agency supports regulation, especially the required child care training, but opposes increasing families’ costs. In addition to paying au pairs a larger weekly allowance, families would be required to contribute $500 toward each worker’s post-secondary studies. They currently contribute $300.

Under the new rules, the au pairs would receive 16 hours of child-safety training before arriving in the United States and 24 hours of instruction in child care and development upon arriving.

The agencies would provide the training, but they say the cost will be added to the fee families now pay upfront, which averages $3,500 for air fare, insurance, orientation and screening fees.