Correct or Incorrect?

[DCBlessings27]

My best friend texted me today to ask me a question about daycare. Her current provider has had the children in care for a short while. Recently, she told my friend that she is changing the contract and charging more. My friend's child has Downs Syndrome, but he's 4 years old. He also goes to school half days. The original contract was for pt care and a rate for a preschool/toddler.

The new contract the provider wants to go to charges my friend for ft care and for the 4yo at an infant (higher) rate. The provider's reasons are that the 4yo requires more care. He is not fully potty-trained and needs help with steps but other than that is not really different from any other 4yo. I told her not to sign the new contract. My friend wanted to know if the provider could charge more for a special needs child. Based on a post here, I think the consensus was no?

I told my friend never to sign a contract that she doesn't agree with and to look for someone else. Also, I said she should likely put in two weeks notice asap.

[cheerfuldom]

My best friend texted me today to ask me a question about daycare. Her current provider has had the children in care for a short while. Recently, she told my friend that she is changing the contract and charging more. My friend's child has Downs Syndrome, but he's 4 years old. He also goes to school half days. The original contract was for pt care and a rate for a preschool/toddler.

The new contract the provider wants to go to charges my friend for ft care and for the 4yo at an infant (higher) rate. The provider's reasons are that the 4yo requires more care. He is not fully potty-trained and needs help with steps but other than that is not really different from any other 4yo. I told her not to sign the new contract. My friend wanted to know if the provider could charge more for a special needs child. Based on a post here, I think the consensus was no?

I told my friend never to sign a contract that she doesn't agree with and to look for someone else. Also, I said she should likely put in two weeks notice asap.

Is this is licensed daycare?

[DCBlessings27]

Yes, it's a licensed daycare. We have to be licensed in my state.

[JenNJ]

Not legal.

[Blackcat31]

Here is a great FAQ's sheet about disabilities and child cares. The sheet refers to centers but I think in the beginning it says that it also means privately owned child care facilities.

The ONLY care facility excempt from ADA rules are those that are religious organizations.

http://www.ada.gov/childq%26a.htm

Here is another great FAQ sheet

http://www.spannj.org/publications/childcarepub.htm

Basically,

"Childcare providers may NOT charge parents of children with special needs additional fees to provide services required by the ADA. For example, if a center is asked to do simple procedures that are required by the ADA, like finger-prick blood glucose tests for children with diabetes, it cannot charge the child’s parents extra. (Of course, the parents must provide all appropriate testing equipment, training and special food necessary for the child).

Instead, the provider must spread the cost across all families participating in the program.

If the childcare provider is providing services beyond those required by ADA, like hiring licensed medical personnel to conduct complicated medical procedures, it may charge the child’s family."

Here is another really good fact sheet (it says it is from New Jersey but the ADA is the same in ALL states) http://www.lsnjlaw.org/english/famil...care/index.cfm

HTH.

[wahmof3]

I get paid more (not a lot more) for special needs children and thats through state reimbursement. I have to turn in a statement written by a doctor stating the special need. IMO that means its legal.

With that said: The parent has every right to look for other care if she doesn't agree with the new contract.

[Crystal]

I think, seeing as how most providers charge more for infants, because they require more care, that it would be acceptable to charge more for a child with special needs that requires more individualized attention. Would I do it? No. But I feel that each provider should have the right to charge as they see fit based on services that they are providing. I do not, however, feel that it is fair that the provider changed the terms shortly after beginning to care for the children. Perhaps the provider realized it is more work than she cares to deal with and hopes the parent chooses to find alternate care.

[Crystal]

After reading more on this, I understand it to state that the provider cannot charge more to cover the costs of changing physical attributes of the existing facility to meet the needs of the child. I don't think that means that the provider cannot charge more for the day-to-day care of the child.

[youretooloud]

If the provider is taking the child to preschool and picking up, then I think it's reasonable to charge full time.

If the child has a ride to and from school, I do not think it's right to charge full time. (unless he's there for more than five hours)

I have had kids who come in the morning, go to school for two hours, come back, eat lunch then stay til 5:30...so, that's full time. It's more trouble to accommodate that schedule than one where the child is with me all day.

She needs to think about how long he's actually in care... I'm betting he's there more than half the day.

[EntropyControlSpecialist]

Honestly, if that's what the provider feels that they need to do then then that is that.

If the parent does not agree with it, the parent can find alternative care.

I have been a home health attendant for a child with Downs from age 2 to age 3. She was not like typical 2 to 3-year-old children and did require a lot more work.

[MrsSteinel'sHouse]

If she is changing diapers then an infant/ toddler rate may be applicable.
It may be the provider has decided this child is too much for her and this is her not so delicate way of putting it.
That being said I have one rate anymore.. the higher infant toddler rate for all of my kidlets. I feel that yes, infants/ toddlers your changing diapers, but then your potty training, then your doing preschool activities with them and their cost is higher for materials, they eat more etc. I have one set rate that is higher than the states infant rate and that is what I charge.
At this point being full, I couldn't take on a child with special needs. I would probably need to have 2 empty spots to consider it and yes, I would charge the parents a slightly higher rate. The state does reimburse at a higher rate.

[MN Day Mom]

I think it would be legal if and only if the provider is changing her contract terms with all her families... so all kids who are not potty trained would be charged the newer higher rate.

I charge a higher rate for a non potty trained child... or should I say, my rate goes down a little when the child is 100% independent with toileting.

[JenNJ]

I charge different rates for all families. More per day for part time, more per hour for a half day, more for a newer family, etc.

But where this provider is wrong is the REASONING behind the charge. She cannot charge more simply because this child is special needs. That is illegal. She is well within her rights to charge for a full day when the child is only there a half.

All that being said, I think your friend should find a new place. No matter how this washes out, it doesn't sound like the right place for her child.

[youretooloud]

All that being said, I think your friend should find a new place. No matter how this washes out, it doesn't sound like the right place for her child.

It MIGHT be the right place for her child. Honestly, we all have dealt with parents who wanted a price break, and we agreed at first, then discovered that we were not actually being paid enough. Maybe the child was actually there more than the parent said they would be, or are otherwise taking advantage of the provider.

The provider might be able to fill that spot with a full time, full paying child, and maybe she can no longer afford to have a full day filled with one child who is only paying for half time. It's not like she can fill those three hours with a kid who just happens to need those three hours.

This parent needs to decide if she'd rather pay the full price, and get over it, or move her child to another setting. If there are going to be any hard feelings from the parent (it sounds as if there will be) then she needs to move her child to a new setting. She will most likely have a hard time trying to find someone who is willing to use a full time spot for a part time child, and take part time pay. But, eventually she will find someone.

[Hunni Bee]

I don't know. While it is definitely unfair and illegal to charge more simply because the child has Down Syndrome, if he truly requires more care than the average child his age then I could see where the provider is coming from.

That said, if the provider charges the same for toddlers and preschoolers, I dont see how he'd be any more work than a non-pt 2 year old, especially since she only has him half days.

That said, at the center I'm about to leave, we had a SA with Down Syndrome. While she didn't need toileting, she wasn't well behaved and pretty much needed her own adult. She required two teachers in the SA class.

And I may be wrong, but in some cases a child with certain special needs require you to have a lower ratio regardless.

I think the parent should contact Dept. Of Social Services in her area to see what her rights are specifically. Its not a situation where blanket rules can apply.