Kicked Out and Not Refunded!

[Unregistered]

So my situation starts where a little girl in my daughters day care got lice. I did not find out that the little girl had lice until about a week after she was sent home from the daycare for having lice. The little girl returned to the daycare the next day (I'm assuming, still with lice) and was allowed to stay at the daycare. My daughter informed me that her friend (the little girl) had lice. The daycare provider never informed myself or any of the other parents that there was a case of lice in the daycare.

Less than a week after my daughter told me that her friend had lice, my daughter got lice and was sent home. When I picked up my daughter I asked the daycare provider why we were never officially notified that there was lice in the daycare. The daycare provider got very defensive and rude and told me that it wasnt my place to ask. I continued to discuss the situation with her over the next couple of days and she continued to be very defensive and rude.

Eventually my husband and I got fed up trying to explain to her that she should be letting parents know when issues like this come up and we called the health board to get a health inspector to talk to her. During this time, my daughter had been out of the daycare for two days along with myself and my husband due to the lice. We spent over $150 for lice treatments for all of us and we lost out on pay due to the issue as well. This all happened at the beginning of the month which we paid $750 for the daycare fees. We have done 5 treatments on my daughters hair to remove the lice and there are none left in her hair. The daycare provider contacted me and said "I'm SO mad at you, you called the health inspector!" to which I replied "I literally had no other choice, I tried to discuss this with you but its never going to go away if its not dealt with. Other kids with get lice and it will be a vicious circle!" (3 other kids got lice within a day of finding out my daughter had it).

When I went to pick my daughter up, the daycare provider said "I'm SO mad at you for calling the health inspector and I dont want your daughter here anymore, effective IMMEDIATELY!" I told her that I would like my $750 back because my daughter had only attended 4 days of daycare at this point because of the lice. She agreed and then when I called her the next day said NO to giving me back my money. I have had to miss work, find a new dayhome until the end of the month when my daughter will be starting daycare full time at a new provider and I've lost so much money due to this. Is this unfair or am I missing something?! Help!

~B~

[Heidi]

Yes, I think she is being unfair. Years ago when I had a child bring lice into the dc, I sent EVERYONE home and closed for the remainder of that day and the next to completely clean the dc, wash everything, check my own children, pack up stuffed animals, etc. Everyone still paid for dc for that day, but that was ONE DAY. I checked each child when they came back, and sent one right back out (the original culprit, of course..).

She terminated care, and while I understand that she may have been "mad" at you, and honestly, your daughter sounds better off NOT being there considering, she should not be keeping your tuition for the whole month.

I'm not sure what your legal recourse is, but I would start by writing her a letter asking for a refund. Try to keep it matter-of-fact. If you had a contract and she broke it, then you may be able to take her to small claims court. If you didn't have a contract, it'll be unlikely.

Honestly, usually these things are the other way around. Parents bail, for whatever reason, and don't want to honor the agreement. Sorry you got stuck with a provider who would pull that.

[SilverSabre25]

Please check your contract and see what it says about refunds in the event of termination.

Morally, I feel that she should be refunding you the money. She also should have notified everyone of the lice, insisted the initially affected child be out until nit-free, and cleaned everything in her own house like a mad-woman to prevent infection there.

[Kaddidle Care]

From what I've been researching, head lice is not a reportable condition although most Centers and Schools advise the parents so that they are proactive with prevention and containment.

It is within the provider's rights to terminate you but you should have taken the first step by pulling your child from care before reporting. If you feel any provider is bad enough that you have to report them, please do not leave your child there.

At this point you need to review your contract. Most contracts state that the provider will still keep 2 weeks pay after termination whether the provider or client terminates. Hopefully you'll get half your money back.

[e.j.]

Under the circumstances, I would have refunded you but then again, I would have also warned everyone that their child had been exposed to lice and I would have made sure the child who brought them in was kept out of care until the lice was completely gone. I understand the provider may be upset that you called the health board but you had tried to talk with her directly; she really didn't leave you any other recourse.

Unfortunately, I think it all boils down to what your contract says about termination and refunds. Read through your contract. If it looks like you are owed a refund under the terms outlined, I would send her a highlighted copy of that part of the contract with a letter requesting a refund. If she doesn't respond to that, I'd consider going to small claims court.

[Kiki]

Agreed with other posters, check your contract and go from there. Agree with another previous poster, in the future, if you feel something is big enough to be reported you shouldn't return your child to that person for care.

[Truly Scrumptious]

From what I've been researching, head lice is not a reportable condition although most Centers and Schools advise the parents so that they are proactive with prevention and containment.

It is within the provider's rights to terminate you but you should have taken the first step by pulling your child from care before reporting. If you feel any provider is bad enough that you have to report them, please do not leave your child there.

At this point you need to review your contract. Most contracts state that the provider will still keep 2 weeks pay after termination whether the provider or client terminates. Hopefully you'll get half your money back.

I agree...I definitely think the provider should have informed everyone. She didn't have to say which child is was (that's private). But, you should have removed your child from care if you were upset enough to report her. Not sure about your fees...you need to check your contract for that.

[familyschoolcare]

OP, I am not sure where you are but where I am making sure parents know about a head lice out break is not required like someone above mentioned. I

simply just have to post a notice a 30 days. FYI many centers post it in a way that it blends in with the other stuff on the bulletin board, this is done on purpose.



With all that said, I understand you frustration. Not that long ago head lice came into my day care and did not go past the first infester. I did tell all the

parents as soon as I saw them in person. One of my parents got defensive and wanted to know what I meant by someone in the day care came down

with head lice. Looking back on the situation, I think at that point I got defensive mostly because I was unable to answer this parents question in a

way he was happy with. I only know so many was to explain that someone that has been in my house got head lice. I honestly did not know what he did not understand.



Any way the point to that was to say while agree that you should look at your contract and see what it says about the provider terming and send her

a letter asking for your money back. You need to take extra measures to ensure that it is not emotional or defensive on your part and only factual.


I would have refunded all but two weeks notice.

I could not tell by your post if the days your child missed where because the provider sent you away or told you not to come back untill nit free, or

because of a disicussion you made. The only reason I bring this up is becaus it might make a diffence when it comes to you contract.

[countrymom]

sorry, but I wouldn't refund you all your money. You called the health inspector on her. Its head lice not the plaque. If she would have told you of the head lice I bet you that then you would have demanded to know which child. She may not have told you because maybe she wasn't 100 percent sure either. I would have termed you right on the spot too.

[Blackcat31]

We are REQUIRED to inform parents if lice is in our daycare. We can't say who it is that has it but we do have to tell parents if their child is in care when an infected child is in care.

I would expect the families I have to do the same and tell me if someone in their family gets lice....even if it isn't a child who actually comes to my care.

If this provider wasn't required to report this, then what is the big deal that she was reported to the health inspector? If she isn't required to tell parents then being reported shouldn't have had any sort of impact? I am confused about this part of the story.

If the parent reported lice infestation and the provider had it under control, it should have been no big deal but if the provider didn't have it under control, then she should NOT be charing parents for not coming/attending for fear of their child getting lice. If the provider did not have it under control after a reasonable amount of time....she SHOULD be reported as she obviously needs help in getting things taken care of.

I think the OP should also check the contract and see if there is anything specific about this. I don't think providers should be able to term immediately and NOT refund money because they got reported.

I am required to give parents info on who, where and under what circumstances they should report me.

If a family didn't come to me with a concern and simply reported me, I would be upset but still not justified in keeping their money (except the final 2 weeks as stated in my contract) just because I was mad/hurt.

Besides, I keep great documentation and follow all the rules and regs of my licensing requirements and feel that if I was reported, I have my bases covered and wouldn't worry about anything of it.
I know in some states that any reports (even false claims) make a bad mark on the providers record but fortunately I live in a state where that doesn't happen.

[momofboys]

Certainly the provider should have let you know to check for lice. However, I don't see how this is any different than if a child in daycare had had strep, etc. Say your child came down with it - would you expect the provider to refund your $$$$ simply b/c your child got it?! I do think she should have notified you & warned you but I think you are being a bit extreme in saying you shouldn't have to pay b/c your child came down with it. I am not seeing how it is any different than any other illness & I have dealt with it in my own daycare setting.

[saved4always]

I have been fortunate that no one ever brought lice to my in home daycare when I had it. If they had though, I would have notified all the parents and probably would have closed like a previous poster said, so that I could make sure my home was lice free. Also, the child(ren) with lice should be checked every morning and not allowed back until nit free. Or, as you said, there would be a vicious cycle. I think your dcp was wrong not to inform the parents about the lice and also wrong not to refund your money. Your daughter may have gotten the lice even with notification but, at least, you could have minimized the effect and possibly avoided it all together.

[youretooloud]

Check your contract to see if they need to pay you back. I would have returned at least some of that. But, not the fees for the week that you missed.

Calling the health dept pretty much sealed your fate. You should have pulled your daughter out first, THEN called the health department. Did you really think she would be OK with that, and learn her lesson?

What you did was stupid, and that's on you.

But, allowing a child back in daycare with lice is just ridiculous. I'm fortunate that it's never happened here, but I can be pretty sure i'd not only refuse to let that one child back after one day, I think I'd close for the rest of the week to disinfect my house. I'm also pretty sure i'd freak out a little.

So, both of you are paying a price for decisions you both made. She lost a full time client, and now has the health dept to deal with. You now have to find care somewhere else because you called the health dept.

YOu will both get through this.....but, DO check your contract to see if she needs to give you part of that money. I, personally think that since she ended the agreement, that she owes you at least the week's fees that you are going to be in other care. Not for the week that you had to miss work, but were still a client of hers.

[MizzCheryl]

I know lice is hard to deal with but it is just part of life. I thought it was awful when we went thru it but if your child is healthy you have so much to be thankful for. A little missed work and head lice can be stressful but in the grand scheme of thing it is not that bad.
I am glad your child is healthy and you have a safe place for her to stay while you are working.

[Willow]

Guest, as you're probably learning now everyone does things differently.

I personally think it was incredibly wrong and morally reprehensible that:

1.) she didn't notify all parents immediately (education is the best course of action to prevent further spread and outbreaks of anything communicable)

2.) she got so defensive right off the bat

3.) she got defensive when you called the health department (my house is clean, kids are all healthy and I am always in compliance, it wouldn't bother me in the least - perhaps if she'd have communicated with you instead of keeping everyone in the dark believing she wasn't taking appropriate action you wouldn't have felt the need to go that far)

4.) terminated you over something that wasn't at all your fault

-and-

5.) she told you she was going to refund you money and then didn't (LIED)


I am so sorry you had to through all of this and now have to find new care for your kiddo, really does sound like it's for the best though. As a provider I find what your ex-provider did to be disgusting practice all the way around and as a parent I agree none of it was acceptable or fair to you or your family.

You deserve far better than you got.