Help Writing A Contract? (Conditional Slot)

[MegansPlace]

Hi everyone! So excited to have found this forum; this is a really touch line of business sometimes and it's nice to have someone to talk to who knows what you're going through. I'm hoping that you guys might have some suggestions for me on my current situation...

I run a small home daycare. I have an 18M old daughter that I have go to daycare two days a week at a friend's home. Since I had Tue & Thur open with her at daycare, I filled her slot with a partime dck. I thought I was pretty clear with the parents that if Natalie needed to stay home (like if her daycare closed), that they would need to keep their little one home. At the time the mom was a SAHM & dad was a WAHD; just wanted their son to get some socialization. Since then their situation has changed some. Last week Natalie's daycare let me know Thu am that they needed to close; so I contact the dck's parents immediately. Their response was that they needed care sorry and couldn't my daughter go somewhere else basically. Um... I do daycare so that I can be home with my children, I AM their "backup daycare".

So now I'm left in a pinch, I either need to terminate the child; or really explain the terms to them in black and white (which I thought I did). I truthfully don't want to loss the child as he's very easy; AND my DD will be 2 in March... at which point this will no longer be an issue (as then I won't be over my number of infants versus toddlers). So I'm trying to write a contract with a "conditional/contingent" slot. (Even if this family decides to terminate, I'd need this for who ever would take the slot). So far this is what I have:

"Contingency Terms: This slot is available dependent on my child’s schedule. In the event that Natalie needs to stay home due to daycare closure/sickness; the slot will not be available. I will let you know as soon as I know (sometimes this isn’t until the morning of the scheduled day); and it is your responsibility to have backup care for your child."

Just trying to come up with an thing else that I need to include/re-word. Thank You very much for reading this far and I really appreciate any advice.

[Blackcat31]

Are you licensed? Could you apply for a temporary variance from your licensor?

Since this situation is not a regular occurance but obviously needs to be addressed when it does come up, a variance would be an ideal solution.

A variance would allow you to keep your DD (when her daycare closes) AND keep the daycare boy you are referring to and still be legal.

[MarinaVanessa]

I was going to suggest this also. Can you call licensing and ask them if this were to happen again whether there was a possiblity that you could be over your infant ration just for that day of the closure. It should be ok with them considering that it won't be a regular thing, only when they need to close unexpectedly and then only until March. If they say no then you can re-write their contract with the contingency in it.

I wouldn't be so specific in your contingency however. I would have worded like this:

"Contingency Terms: This slot is available dependent on my child’s schedule. In the event that my child needs to stay home due to daycare closure/sickness; the slot will not be available and it will be the parent's responsibility to find alternative childcare. Advance notice will be given when possible however is not guaranteed. Payment for days missed due to the unexpected closure of my child's daycare [is still/is not] expected under these circumstances."

[MegansPlace]

Yes, I am licensed!

Unfortunately there is NO way that my licensing rep would grant anything like that. I live in California and besides the fact that the law is pretty strict, our analyst is crazy strict.

Thank You so much for the suggestion on how to word it, I love it! I've been flustered all day and just couldn't come up with something... THANK YOU!

[Unregistered]

Unless your licensing rep is due to come, I wouldn't worry about it. It's once in a blue moon and why frazzle your parents for that one time.

I think that is a lot to ask of your parents, they are paying for your services.

As long as you can handle the one extra child. If they did come and you are one over your numbers, just explain. Licensing rep's should be there to help you not be the police of daycare.

[Unregistered]

Hi everyone! So excited to have found this forum; this is a really touch line of business sometimes and it's nice to have someone to talk to who knows what you're going through. I'm hoping that you guys might have some suggestions for me on my current situation...

I run a small home daycare. I have an 18M old daughter that I have go to daycare two days a week at a friend's home. Since I had Tue & Thur open with her at daycare, I filled her slot with a partime dck. I thought I was pretty clear with the parents that if Natalie needed to stay home (like if her daycare closed), that they would need to keep their little one home. At the time the mom was a SAHM & dad was a WAHD; just wanted their son to get some socialization. Since then their situation has changed some. Last week Natalie's daycare let me know Thu am that they needed to close; so I contact the dck's parents immediately. Their response was that they needed care sorry and couldn't my daughter go somewhere else basically. Um... I do daycare so that I can be home with my children, I AM their "backup daycare".

So now I'm left in a pinch, I either need to terminate the child; or really explain the terms to them in black and white (which I thought I did). I truthfully don't want to loss the child as he's very easy; AND my DD will be 2 in March... at which point this will no longer be an issue (as then I won't be over my number of infants versus toddlers). So I'm trying to write a contract with a "conditional/contingent" slot. (Even if this family decides to terminate, I'd need this for who ever would take the slot). So far this is what I have:

"Contingency Terms: This slot is available dependent on my child’s schedule. In the event that Natalie needs to stay home due to daycare closure/sickness; the slot will not be available. I will let you know as soon as I know (sometimes this isn’t until the morning of the scheduled day); and it is your responsibility to have backup care for your child."

Just trying to come up with an thing else that I need to include/re-word. Thank You very much for reading this far and I really appreciate any advice.

I feel they are right, they are paying for your services. It leaves too much wiggle room for a maybe slot. I would keep the child and make it work for a few months until it's a non issue, but next time or if this comes up again in the future, use that slot as a drop in slot not a maybe slot. I would be irritated if I was the parent and I needed you to care for my child. Never knowing if I was going to be bugged at work- possible risk loosing my job and have to find back up care at a whims notice.

[MegansPlace]

I appreciate your opinions, but honestly these parents were told this when I took the little boy... and then choose to ignore it when the day came. That slot is what it is, I just needed help wording the contract. (I'm sorry if it sounds rude, I don't care if they don't like it or not. They can put their son somewhere else & I can find another infant with a SAHM/D to fill it or just leave it open, it doesn't matter to me either way).

While some reps may be there more to help you than "police" you, our local rep is here to first look out for the children and second to make sure you follow the laws/rules. There is absolutely no wiggle room with her, and I'm not about to get fined $450 for being over... nor do I want to get on her bad side! Also, I'm not sure what state you ladies are in, but in California their visits are 95% surprise/unannounced inspections.

Thanks again MarinaVanessa for solving my problem!

[daycare]

I appreciate your opinions, but honestly these parents were told this when I took the little boy... and then choose to ignore it when the day came. That slot is what it is, I just needed help wording the contract. (I'm sorry if it sounds rude, I don't care if they don't like it or not. They can put their son somewhere else & I can find another infant with a SAHM/D to fill it or just leave it open, it doesn't matter to me either way).

While some reps may be there more to help you than "police" you, our local rep is here to first look out for the children and second to make sure you follow the laws/rules. There is absolutely no wiggle room with her, and I'm not about to get fined $450 for being over... nor do I want to get on her bad side! Also, I'm not sure what state you ladies are in, but in California their visits are 95% surprise/unannounced inspections.

Thanks again MarinaVanessa for solving my problem!

hope that you got it figured out I am also in cali and know that we can never be over our numbers for any reason.

glad that someone was able to give you some help...