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Au Pair Violates Social Host Law - 14-year-old Boy on Life Support

A Saturday night party where teenagers were caught drinking alcohol at a Roslyn Heights, NY, home ended with a drunken 14-year-old passed out in the driveway - the boy was taken to the hospital where he is now on life-support. 

An woman who was left in charge of the home, identified herself as the family's "au pair"  and was arrested.  Ms. Newland was charged with violating Nassau County's social host law. The police said that even though the au pair was in the home and aware there was underage drinking, she did nothing to stop it.

Andrean Newland, 30, whose address, 159 Shepherd Lane, is the home where the party took place, was arrested at 12:12 a.m. Sunday April 5 2009 after police responded to a 911 call and found the 14-year-old unconscious in the driveway. 

The 14-year-old boy passed out "as a result of consuming alcoholic beverages," said Det. Lt. Kevin Smith..  The officers on the scene found the back and sides of the house "littered" with empty alcohol bottles. 

Mrs. Miller, the mother who lives at this home, and was out at the time of the party, denies that Ms. Newland is an au pair.  She told police Ms. Newland is a "medical student" who is living with them.  She also told reporters that Ms. Newland was "in the wrong place at the wrong time" and that "Teenagers will be teenagers."

Sounds like Ms. Newland may have been the family au pair at one time, but is no longer in any approved au pair program.  Au pairs who do not return to their home counties after their legal J1-Visa has expired are considered AWOL and are here in the country illegally. 

Au pair agencies do not track the numbers of au pairs who go AWOL, nor do they have any incentive to monitor or report these illegal au pairs.  Their illegal status is a drain on taxpayers and places children at considerable risk, as we can see clearly in this terrible situation.

Why would Mrs. Miller, or any family encourage their au pair to stay and work for them illegally?  

Money.  Host families who drop out of au pair programs, taking their au pairs with them, no longer have to pay the thousands of dollars in program fees. 

However, when these young women get into trouble, they do not have the protection of their agency, who will often pay for most if not all their legal fees (and for any medical expenses if they are injured while legally staying in the country as one of their au pairs). 

Will parents step up and pay legal fees for their illegal au pair?  Most will not pay over a certain amount - they cut their losses and ask the girl to leave.  Where does she go then?  No airfare, no money and no support or a place to live. 

We are not sure if this young woman is an au pair or not, or if she is staying in the country illegally or not.  We have attempted to contact a few reporters to confirm her status - we are still waiting to here back.

However, this incident brings up an important topic and concern:  hiring illegal aliens to work for you. 

You may find that paying for program fees is a considerable bargain compared to the millions you might have to pay if someone gets maimed, diabled or killed as a result of your au pair making poor judgments!

Has anyone ever considered doing this?  Has anyone done this with dire consequences?  What are your experiences with au pair agencies when you do report your au pair staying in the country illegally?  Where you surprised at their disinterest? 

We would like to hear from you!

JI Visa Expiration

Can you please clairfy a statement made that indicates that au pairs who do not return to their home country after the expiration of their J1 Visa are considered in the U.S Illegally? That is not true. J1 Visa's are granted for one year in the au pairs home country prior to the au pairs program beginning. J1's typically expire before the au pairs 12-month place and the 13th grace month. It is the DS form that stipulates the au pairs program dates and thus her ability to be in the US legally. The Visa allows her to enter the US.
Au pairs who do not return to their country at the end of their program and 13th month grace period are considered illegal.

Dear Lanignham2002,  Yes,

Dear Lanignham2002, 

Yes, this is true, au pairs do have a grace period of one month (the 13th month) after their visa expires to enable them to travel and see the country.  

I am referring to those au pairs who make the decision to stay in the USA long after their visa expires.  They stay, live and work here, illegally, long after their 12th and 13th month! 

Edina

Social Host Law

This is a terrible story. I hope the boy is okay.

This au pair, or whoever she is, needs to understand how serious her negligence was. I cannot believe both her lawyer and her host mother are making such lame excuses for her!

The lawyer says "it was her day off" and the host mother said "she was in the wrong place at the wrong time" AND she said "teenagers will be teenagers" - wow!

This mom needs a wake-up call. Yeah, we know, that is why parents, like her, are supposed to know what their kids are doing on a Saturday night, who is in charge of them and check in with them!

You cannot just leave your home, to go out to dinner, or whatever, and give your au pair the night off (if that is what really happened) and let your 14 year old tween at home, alone!

I think the mother should be arrested as well, if it is true that she gave the au pair the "night" off. Isn't there a law against leaving your children alone and they have other children in to drink until they pass out??

Someone should be held accountable, and what about the au pair agency? Who are they? What do they have to say about this?

Violating the Law

Hi, Edina.

Another good topic for discussion.

This is indeed a sad incident. When I saw this article elsewhere I was bothered that the term au pair was used. Since the person is 30, she is obviously not a legal au pair. Who even knows if she was ever a legal au pair? People often use the term loosely.

I am always shocked when host families opt to illegally keep au pairs on student visas. Based on all the information I have seen, there is no legal way that people on a student visa can work providing childcare. I know that some families honestly may not realize what they are doing is illegal, but many others do and falsify documents, transfer funds and pay them under the table, willfully violating the law.

I would be interested to know what the consequences and fines are for people who break the law and have a childcare provider on a student visa. I am guessing it is substantial and I don't think that these parents are considering that along with the other numerous risks.

For the record, there is a much larger number of families illegally keeping their au pairs on student visa or no visa at all compared to the number of au pairs who leave the program illegally (go AWOL.) We are actually required to provide information on AWOL au pairs to the Dept. of Homeland Security. I am not sure about what other agencies do, but I know at Au Pair in America, we gather as much information as we can and provide that to Homeland Security.

Christine Connally
Senior Community Counselor
Au Pair in America
http://aupairinamerica.wordpress.com/

Au Pairs go AWOL

Hi Christine,

Thank you for your comments here.  Yes, it is a sad story - at this time, the hospital is not giving any information on the boy's condition.  We can only pray that he will be fine.  Underage drinking is so serious and rampant in this country.

You make a very good point  - I don't think this woman is an au pair either!  She is too old, but I suspect that she may have been, and just stayed here in the states when her visa expired.  Or, she returned home and applied for a student visa.  I have tried several times to contact the reporters to confirm that Ms. Newland is not an au pair, and I am still waiting for a response. 

I do think it is important that all agencies report incidents where au pairs do not arrange for a plane ticket back home or do not get on that plane if there is a ticket issued.  I am very glad to hear that Au Pair in America does monitor these situations!

As for the law, we shall see how this plays out in the courts - the updated news coverage states she just pleaded "not guilty" and her lawyer says "the au pair was off for the evening."  Well, someone should have been supervising these kids - and if Ms. Newman is the babysitter and had the night off, she cannot turn her back and not step in - as adults we are culpable if we do not report or stop a crime during its commission. 

And that is just what this woman did - and no excuse for being a "young au pair" right?  She is a 30 year old woman, whose employer, the mother of the 14 year old who was throwing the drinking party, described to police as a "medical student!!" 

How bizzare that a medical student would stand by and watch underage tweens drink themselves into a stupor that resulted in one young boy on life-support! 

Thanks Christine for your excellent post!

Regards,

Edina

Au Pairs Gone Wild!

I had an au pair who went AWOL. She was from au pair in america. My counselor didn't really do anything, and the company didn't seem to care at all. The manager said it was up to the police to get involved - that as long as they reached out and tried to verify where they au pair was, that was all the responsibility they had.

She was here for a year and just didn't want to return home and she did approach me and wanted to stay with us, for more money a week, etc. We were concerned that one, it was illegal, and two, she had no insurance or money in the bank and we felt we would be responsible for her, financially, if anything happened and she couldn't pay her way.

Anyway - I had a good experience with au pair in america, except for that! As for Ms. Newland, I did hear through the aupair grapevine that she used to be with cultural care au pair agency.

FYI

Sassygirl

How do you really know if it is Cultural Care?

Hi Sassy girl, I am new to aupairing. How do you know that this au pair was with Cultural Care? Do you live near her and other au pairs in the area? I am becoming more familiar with the aupairs and their groups and they do seem to socialize and talk to each other a lot and this is a good thing, right?

What is your experience with Cultural Care agency?

New host dad

Don't Really Know

Hi George M.

We really don't know who the au pair is, or if she is in fact an au pair.  Her age (30) indicates to us that she is not currently an au pair, but she may be with an agency that is not on the list of 12 au pair agencies monitored and designated by the U.S. Dept. of State.  Or, she may be here illegally without a J1 Visa. 

She may have been an au pair with Cultural Care, or another agency, but is no longer part of their program.  Newspaper reports and agencies have not returned our calls on this one, and we continue to monitor the story as it unfolds. 

Our experience with Cultural Care has been a good one - they are quick to reply to any inquiry we have had.  They continue to market their company and they have won the coveted Au Pair of the Year Award twice in a row - they are doing something right!  They remain our Number One Pick for 2009!

Thank you for commenting here on our website.

Edina