For Those Of You Who Asked For An Update ...

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  • Kimberli
    Daycare.com Member
    • Aug 2012
    • 93

    For Those Of You Who Asked For An Update ...

    The parents who filed a complaint against me because I placed their toddler in multiple time outs in one day before terminating him at pick up because he was pushing children down, turning over furniture, spitting and throwing toys across the room served me with the court papers today.

    Not only are they suing me for $3500 in reimbursement for 5 months of full time child care, they are asking for $1500 in 'punitive damages' ... bringing their suit to the maximum one can request in small claims court - $5000.

    Happy Tuesday ... and the saga continues.
  • EntropyControlSpecialist
    Embracing the chaos.
    • Mar 2012
    • 7466

    #2
    :: There's no limits on how many time outs a toddler can have beyond the usual 1 minute per year of age. If the child acts naughty 10 times, then put that child in time out 10 times if that's what works for you.

    What a mess. I'm sorry you're having to deal with this garbage.

    Comment

    • HappyHearts
      Daycare.com Member
      • Sep 2012
      • 74

      #3
      Holy smokes!!!! Why would she think she should get a refund for care that was already provided for, for 5 months? I can't see how she would ever win that, or punitive damages.

      I am so very sorry Kimberli, I have no advice, but plenty of virtual hugs!!

      Comment

      • crazydaycarelady
        Not really crazy
        • Jul 2012
        • 1457

        #4
        She WON'T get the refund - you provided the service and they kept using it for 5 months!

        Comment

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

          #5
          I cannot belive my eyes right now...;But his is sue happy CA... I have heard some of the most unrealistic things that people have sued for.

          I think what is sad, is that the State is not backing you and you are in this on your own. makes me feel as a provider that I will never be safe in my job. I love every single one of my DCKs as I am sure you do too.

          So are you able to counter sue them for all of the crap they have done to you. Is it possible to claim the stress the child caused you daily? One of my friends is out on disability from her DC job because the owner keeps horrible children like the one that you termed and it made her have a nervous break down.

          I am just so so sorry for you...... UGH I hope that there really is some light at the end of the tunnel...

          Comment

          • Kaddidle Care
            Daycare.com Member
            • Dec 2010
            • 2090

            #6
            She wants a refund of 5 months? Ummm - I sincerely doubt you have anything to worry about. Punitive damages? For Time Outs? ::

            Welcome to Silly Season.

            Deep breaths hon - when is your day in court? Do keep us posted. I hope the Judge throws her out on her ear and charges her for wasting everyone's time.

            Comment

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

              #7
              Originally posted by EntropyControlSpecialist
              :: There's no limits on how many time outs a toddler can have beyond the usual 1 minute per year of age. If the child acts naughty 10 times, then put that child in time out 10 times if that's what works for you.

              What a mess. I'm sorry you're having to deal with this garbage.
              perhaps you missed her other post.....I guess in CA we are not allowed to do this.....????????

              Yeah I am still trying to figure this out too...I feel horrible for the OP...

              Comment

              • MizzCheryl
                Advanced Daycare.com Member
                • Mar 2012
                • 478

                #8
                Prayers and hugs to you.
                Not Clueless anymore

                Comment

                • EntropyControlSpecialist
                  Embracing the chaos.
                  • Mar 2012
                  • 7466

                  #9
                  Originally posted by daycare
                  perhaps you missed her other post.....I guess in CA we are not allowed to do this.....????????

                  Yeah I am still trying to figure this out too...I feel horrible for the OP...
                  Whaaaaat? So ... what ARE you allowed to do? That is just baffling to me.

                  Comment

                  • momofsix
                    Advanced Daycare.com Member
                    • Oct 2009
                    • 1846

                    #10
                    So sorry. Maybe you could have the judge read the forum responses to see that you aren't the problem here. He should be able to see through this parent by himself though-if care was so bad why in the world would they keep the child there for 5 whole months:confused:

                    Comment

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

                      #11
                      Originally posted by EntropyControlSpecialist
                      Whaaaaat? So ... what ARE you allowed to do? That is just baffling to me.
                      not sure what her old post is under and she can perhaps explain better than I can. But basically in CA the rules are written horribly. There is so much grey area in them that the licencors are able to interpret the rules how they see fit.

                      So we could be following the written words to a "T", yet the analyst that comes out to visit your house can decide differently if they decide to do so.

                      It is the most absurd thing that I have ever read and I hope that the OP gets her glory in the end with both licensing and the DCP...

                      Comment

                      • countrymom
                        Daycare.com Member
                        • Aug 2010
                        • 4874

                        #12
                        big hugs to you. Sending you postive winning vibes and I hope karma bites them in the arse!

                        Comment

                        • saved4always
                          Daycare.com Member
                          • Dec 2011
                          • 1019

                          #13
                          Wow. This child is going to turn out to be a horror if the parents are going to sue because he was out of control and put in time out. Nice message to the child: "I can do anything I want and no one can do a thing about it. In fact, if you try to correct me in any way, my mommy and daddy will sue you".

                          I am so sorry that these people have turned out to be money grubbing jerks taking advantage of something that should not have been a big deal in the first place. I personally don't think they are going to win. If they are suing over time out and trying to get money back for a service they used happily for 5 months, I would hope a judge would throw them out of court. I know that doesn't keep you from stressing about it and I hope this is over soon!

                          Comment

                          • mom2many
                            Daycare.com Member
                            • Jun 2011
                            • 1278

                            #14
                            This is insane & horrible that you are now dealing with this too.

                            Comment

                            • Lyss
                              Chaos Coordinator :)
                              • Apr 2012
                              • 1429

                              #15
                              I'm soooo sorry!! This is just terrible and so completely unfair. I can not even believe that this has gone this far.

                              Not sure if this has been suggested yet or not but is there a local network for providers in your area? Maybe you can get a few other providers to come to your defense at the hearing about the vagueness of the laws? Or maybe check with a workers union for your area (like AFSCME or SEIU if you have them there) that works with home care providers? I'm not really familiar with the unions but I get flyer's trying to get me to sign up and offering assistance in our state so maybe they are in CA as well?

                              Comment

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