When A Provider Does Not Do Her Job And

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  • daycare
    Advanced Daycare.com *********
    • Feb 2011
    • 16259

    When A Provider Does Not Do Her Job And

    a family needs to take their child out of the daycare.

    Yesterday I spoke to a family who is looking for childcare, because their current provider has taken on more than she can chew. The families child is coming home from DC daily with bruises, scratches on his face, bitten weekly and has become violent over the last few months. The parents have had their child in this daycare since he was a newborn and have trusted the provider.

    They told me that they have tried to talk with the provider about it only to get no answers from her.

    So the family tells me they want to pull their child out becuase of all of the abuse their child gets from the other children. However, they will have to pay the last two weeks of care.

    I have never really thought about this before, as this would never happen at my house. I don't think that this is fair to the family at all.

    They are asking for my advice, and I told them I had to consult my experts...

    so experts what do you think?? Should they pull and still have to pay the last two weeks of care or do they pull him and NOT have to pay it??

    BTW the mom said she does not recall if they have ever signed any contracts, as their child has been there for almost 2 years..
    Last edited by daycare; 10-31-2011, 08:35 AM.
  • mismatchedsocks
    Advanced Daycare.com Member
    • May 2010
    • 677

    #2
    I think it totally depends on if she signed a contract or not. I think she would know if she signed a contract, if not she can ask provider to see the contract she signed. If in the contract/handbook says 2 week notice, then she should pay it. HOWEVER....

    I am feeling a little torn, because obviously her childs safety is number one, and she has brought to the attention of the provider with no answers. Is she calling the state on her? Is it that serious?

    Comment

    • Cat Herder
      Advanced Daycare.com Member
      • Dec 2010
      • 13744

      #3
      I would recommend your not giving any advice other than telling her to read her contract.

      You only know one side of the story and it could end badly for you.

      In your shoes, I'd only stick to the part that involves me....when is the start date and will they follow my policies.
      - Unless otherwise stated, all my posts are personal opinion and worth what you paid for them.

      Comment

      • daycare
        Advanced Daycare.com *********
        • Feb 2011
        • 16259

        #4
        oh no, this is not a family that I am looking to take on, just a family I met at a halloween event over the weekend.

        They live far away, otherwise I would have offered my services...

        Comment

        • Unregistered

          #5
          Originally posted by Catherder
          I would recommend your not giving any advice.

          You only know one side of the story and it could end badly for you.

          In your shoes, I'd only stick to the part that involves me....when is the start date and will they follow my policies.
          I agree. There's two sides to every story...and parents aren't always forthcoming with the correct information. And remember if they leave her without giving a notice, you will more than likely not receive a notice if they left your care at some point as well.

          It is a hard decision though. If my child was getting bruises and I felt his safety was truly at risk I would pull regardless of what other people thought.

          Good luck on this one.

          Comment

          • Cat Herder
            Advanced Daycare.com Member
            • Dec 2010
            • 13744

            #6
            Originally posted by daycare
            oh no, this is not a family that I am looking to take on, just a family I met at a halloween event over the weekend.

            They live far away, otherwise I would have offered my services...
            Oh, ok...

            I'd just give them the contact information for their local CCR&R (or tell them to google it).

            They would know exactly how to help them since it can vary from area to area.
            - Unless otherwise stated, all my posts are personal opinion and worth what you paid for them.

            Comment

            • Unregistered

              #7
              Originally posted by daycare
              oh no, this is not a family that I am looking to take on, just a family I met at a halloween event over the weekend.

              They live far away, otherwise I would have offered my services...
              Oh...didn't see that before I posted.

              Comment

              • sharlan
                Daycare.com Member
                • May 2011
                • 6067

                #8
                I agree with the others. There are two sides to every story, and then the truth.

                If she signed a contract, she needs to honor the contract by either staying or paying and leaving, double paying for that time period.

                Comment

                • morgan24
                  Daycare.com Member
                  • Feb 2011
                  • 694

                  #9
                  I'm going to have to agree with Catherder. You are only hearing one side of the story.
                  How they handle termination with the other provider is between the family and other provider.

                  I had this happen to me a couple of years ago. A couple of my provider friends called me because they had been contacted by a family I had in care. I thought every thing was fine, but the family told one of the providers they needed to move their children from my care asap but didn't give any details. Providers called me to see if something was up and I knew nothing about it. So I came out and asked dcm about it and she said that dck had been throwing fits everyday that he had to come to my house. It ended up because he couldn't watch the 2 movies he brought every morning they were looking for some where that would let him. The other providers called me because the family was saying they needed to move him asap and they wanted to know my side. Had they not called they might of thought the worst and only would of known one side of the story. That is why I would stay out of it and not even offer an opinion.

                  Comment

                  • daycare
                    Advanced Daycare.com *********
                    • Feb 2011
                    • 16259

                    #10
                    Opps, I was postin to catherder....forgot that little button



                    That's a good idea. I honestly don't know what to tell them. I feel really bad for them and for the child.

                    Honestly, I feel that if someone fails to properly provide their services, one should not have to pay..... BUt that's me

                    Comment

                    • meganlavonnesmommy
                      Daycare.com Member
                      • Apr 2011
                      • 344

                      #11
                      I agree with the others, they need to stick to the contract. There are always two sides to a story.

                      On another note, my contracts are only good for one year, I make all my families re-sign them after one year. To keep track of families that start part way through a year, I make all my families sign a new contract every January. Its also forces parents to re-read contracts, to refresh their memories on rules, and allows you to make any changes you feel necessary.

                      Comment

                      • daycare
                        Advanced Daycare.com *********
                        • Feb 2011
                        • 16259

                        #12
                        So if the provider is not doing her job and is not watching the child and the child is getting hurt the family should have to pay for this?

                        I know that there are two sides to every story.

                        But why would this family tell me this? They asked me for advice because I am a DCP,not because they are going to be prospective clients of mine.

                        Comment

                        • LittleD
                          Daycare.com Member
                          • Jun 2011
                          • 395

                          #13
                          Originally posted by morgan24
                          I'm going to have to agree with Catherder. You are only hearing one side of the story.
                          How they handle termination with the other provider is between the family and other provider.

                          I had this happen to me a couple of years ago. A couple of my provider friends called me because they had been contacted by a family I had in care. I thought every thing was fine, but the family told one of the providers they needed to move their children from my care asap but didn't give any details. Providers called me to see if something was up and I knew nothing about it. So I came out and asked dcm about it and she said that dck had been throwing fits everyday that he had to come to my house. It ended up because he couldn't watch the 2 movies he brought every morning they were looking for some where that would let him. The other providers called me because the family was saying they needed to move him asap and they wanted to know my side. Had they not called they might of thought the worst and only would of known one side of the story. That is why I would stay out of it and not even offer an opinion.
                          Throwing daily fits and coming home with scratches bruises and bite marks daily are a bit of a different matter. Glad other providers called and got your side though! Did you end up keeping the child, or did they eventually find someone to serve dcb's every whim?

                          As for OP, maybe the parents should send an email to dcp stating their concerns (so they can have dcp respose in writing) document every injury, or behavioural issue, and give 2 weeks notice. Maybe if they have unpaid vacation days left, use those up in lieu of bring their child. If they have no proof of the injuries to the child (pictures) or written information from the dcp (say accisent/injury reports telling what happened to the child) and she takes them to court for those last two weeks of payment, they may have to bite the bullet and pay. Especially by the sounds of it there is no contract. It's more of a he said/she said case.

                          Comment

                          • Cat Herder
                            Advanced Daycare.com Member
                            • Dec 2010
                            • 13744

                            #14
                            Originally posted by daycare
                            So if the provider is not doing her job and is not watching the child and the child is getting hurt the family should have to pay for this?
                            Not necessarily....


                            The CCR&R can help the parents in case of a false claim ($) by the provider. They could also help the provider from a false claim from a parent.

                            They will research both sides of the story and intervein on the outcome.

                            Honestly, I could give a rats tush about the money. If it is truly an unsafe environment CCR&R should be involved. YKWIM?
                            - Unless otherwise stated, all my posts are personal opinion and worth what you paid for them.

                            Comment

                            • daycare
                              Advanced Daycare.com *********
                              • Feb 2011
                              • 16259

                              #15
                              Yes, thats why I had to ask my experts.... I would not have given the right advice. As a parent and provider, it breaks my heart to hear this. I did see the child in question and he did have a fresh bite mark on his forearm that was horrible looking.

                              the parents said it happened on wednesday and it was Sunday and it looked like it just happend...

                              Thanks for your advice, I will give them the number to CCR&R

                              Comment

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