What Can I Do?

[ATC529R]

It's a long ugly story that involves a daycare and a therapist.......

Our child was having some behavioral issues at daycare, and we went with there advice to have her assessed. Pediatrician said she is perfect, Therapist and psychologist said the same. Then we wanted to therapist to visit the classroom, but she kept cancelling so we opted for a phone call with the teacher. Somewhere in that phone call things got twisted and a call was placed to DCF to investigate child molestation of all things. I can not convey how offensive and traumatic this has been....and it all stemmed from the daycare not wiping our child properly. It's a long story, but the net-net is it was cleared quickly by DCF, and needless to say our child is in a new daycare. She is perfect there and it appears the problem was the other kids at the old daycare calling her names and stuff which is why she acted out on occassion. Here's the kicker. The daycare is already paid several month's in advance and refusing to reimburse us. The money is just the icing on the cake as to how much we have been wronged.

Has anyone here had anything like this happen and what can be done about it? A lawsuit would be expensive and I understand people who call DCF are protected.......but to what extent. I mean this was a misunderstanding between daycare and the therapist, but at our expense...and I am pissed to say the least.

What can be done?

[Blackcat31]

I am sorry you are going through this.

What does your contract with the old daycare say? Does it specify how much notice you need to give before leaving and if fees are due?

Did you term or did they?


Also you probably wouldn't need a lawyer to file with small claims court. Jsut paperwork stating that you are entitled to have your fees returned, which is why I questioned your contract.

[ATC529R]

I am sorry you are going through this.

What does your contract with the old daycare say? Does it specify how much notice you need to give before leaving and if fees are due?

Did you term or did they?


Also you probably wouldn't need a lawyer to file with small claims court. Jsut paperwork stating that you are entitled to have your fees returned, which is why I questioned your contract.

yeah, it says 30 days notice. but who could foresee something like this???

I terminated immediately......they wanted us to keep the child there!!

[Blackcat31]

I know as a daycare provider, part of me wants to say YOU pulled your child and you do owe the fees if they are keeping them according to the contract.

But as a parent, I can't see why anyone would want their child to remain in a place where you felt the level of trust was ruined or no longer in existence.

This is a tough one. :confused:

Have you tried to talk with the director of the center to see if she is willing to atleast compromise? Maybe return 50% of the fees paid? Have they kept more than the 30 days of pay?

I know why I would have pulled my child out but what was the reason you told them?

[ATC529R]

I know as a daycare provider, part of me wants to say YOU pulled your child and you do owe the fees if they are keeping them according to the contract.

But as a parent, I can't see why anyone would want their child to remain in a place where you felt the level of trust was ruined or no longer in existence.

This is a tough one. :confused:

Have you tried to talk with the director of the center to see if she is willing to atleast compromise? Maybe return 50% of the fees paid? Have they kept more than the 30 days of pay?

I know why I would have pulled my child out but what was the reason you told them?

they compromised on the extra activities we had our child signed up for and intersession....but thats nothing....

[ATC529R]

we told them it is not the right environment for our child at this time.

I also can't see how they would not understand the extent of our disenchantment.

[Blackcat31]

If you gave notice and the contract says 30 day, then you should only be out 30 days of fees.

I would file with small claims court to have the other 30 days worth of fees returned to you. I don't think that it really matters why anyone left, you gave the proper notice and left immediately so they are entitled to keep 30 days worth of fees but nothing more.

In my state it costs less than $50 to file with small claims court and the losing party pays the fee. There are no lawyers involved in small claims court, just you stating your side of the story to the judge and they will have a chance to state theirs as well.

I would think the paperwork is proof of who had a right to what. The daycare center would have to prove that they ahve a right to keep more than 30 days worth of fees.

[ATC529R]

If you gave notice and the contract says 30 day, then you should only be out 30 days of fees.

I would file with small claims court to have the other 30 days worth of fees returned to you. I don't think that it really matters why anyone left, you gave the proper notice and left immediately so they are entitled to keep 30 days worth of fees but nothing more.

In my state it costs less than $50 to file with small claims court and the losing party pays the fee. There are no lawyers involved in small claims court, just you stating your side of the story to the judge and they will have a chance to state theirs as well.

I would think the paperwork is proof of who had a right to what. The daycare center would have to prove that they ahve a right to keep more than 30 days worth of fees.

I'm thinking bigger than small claims court. They need to be held responsible financially and publicly.

[Blackcat31]

I'm thinking bigger than small claims court. They need to be held responsible financially and publicly.

As mandated reporters we are required by law to report any and all suspected abuse and maltreatment. We are not to question anything if we suspect. We are to simply report and let the investigating agency figure it out.

I am glad that nothing came from their investigation and that it was all a mis-understanding but you really can't fault the daycare for reporting.

They are required to and you can't hold them responsible for that.

From the details you have provided, I think you are only entitled to any fees you paid above and beyond the 30 day required notice.

[ATC529R]

As mandated reporters we are required by law to report any and all suspected abuse and maltreatment. We are not to question anything if we suspect. We are to simply report and let the investigating agency figure it out.

I am glad that nothing came from their investigation and that it was all a mis-understanding but you really can't fault the daycare for reporting.

They are required to and you can't hold them responsible for that.

From the details you have provided, I think you are only entitled to any fees you paid above and beyond the 30 day required notice.

but THEY are the ones who caused the diaper rash/redness which was the catalyst. We complained and even gave them a dr. note, prescription cream etc. they caused it and then that is what raised the red flag. So I do hold them responsible.

[ATC529R]

they also lied to about name calling that was going on and bullying.

in one week in the new daycare our child is so happy....I can't describe it. night and day....and now I see what a toxic environment that was.

they lied to us about that and directed us toward counseling...when the real problem was there..in the class and the other kids!!!

[Blackcat31]

but THEY are the ones who caused the diaper rash/redness which was the catalyst. We complained and even gave them a dr. note, prescription cream etc. they caused it and then that is what raised the red flag. So I do hold them responsible.

At that point then the child should have been pulled from care.

they also lied to about name calling that was going on and bullying.

in one week in the new daycare our child is so happy....I can't describe it. night and day....and now I see what a toxic environment that was.

they lied to us about that and directed us toward counseling...when the real problem was there..in the class and the other kids!!!

Unless you can actually prove that, it would be their word against yours.

I am so very sorry that you had such bad experience with this daycare but it will come down to who has proof of what actually went on.

Have you reported the daycare for these things? You have a right as a parent to report a daycare if you feel they have broken laws or did not provide the things they outlined in their contract/handbook for services.

Your only other option would be civil court which is costly and better equipped to deal with things beyond just money issues but again, it comes down to who has actual proof as their word is no more valuable or believeable than yours. Know what I mean?

[cheerfuldom]

At that point then the child should have been pulled from care.



Unless you can actually prove that, it would be their word against yours.

I am so very sorry that you had such bad experience with this daycare but it will come down to who has proof of what actually went on.

Have you reported the daycare for these things? You have a right as a parent to report a daycare if you feel they have broken laws or did not provide the things they outlined in their contract/handbook for services.

Your only other option would be civil court which is costly and better equipped to deal with things beyond just money issues but again, it comes down to who has actual proof as their word is no more valuable or believeable than yours. Know what I mean?

everything that Black Cat said in all her posts is exactly how it is. There is only so much you can hold the daycare to legally and that is only if you are willing to go to court and have the proof to back you up. Just from what you are telling us, I think you can get your payment for the second month back but only if the contract does not say that any payments made in advance are not returned if care is terminated (that is what my contract says). You can try and call to report the daycare but again, nothing will be done unless the inspector can see violations to regulations. a "he said she said" regarding a diaper rash is not going to shut this daycare down. neither is a complaint from a parent about a CPS investigation. The daycare is required to report anything. As much as this has frustrated you, they would have gotten in a lot of trouble if they had not reported anything suspicious. As for the bullying, again, you cant prove that unless you have documentation or video or ongoing hard proof that the child are being neglected or not supervised appropriately and that is why the bullying is occurring. I dont know the details about the bullying and it is certainly possible that the teachers were not handling this appropriately but it is also possible that they did what they could and this class was just not the right fit for your daughter. I hope you new daycare works out better.

[MarinaVanessa]

You have the option of reporting them to your local licensing agency which can/will conduct their own investigation then pleaes do so. You simply call the office and report your side of the story then they will either call or will show up unnanounced at the facility and interview/observe the facility. That is sort of like daycare version of DCF. If you think you have a valid complaint then this is deffinetely the option to go. Once you get a conclusion to the investigation you can then decide whether to pursue it further.

I do not have all of the details but I am assuming since you said they the daycare was the cause of the rash then the therapist reported this to DCF? Am I correct in assuming so or did the daycare report the rash to DCF? You must understand how this will look on your part without having proper proof to back it up if you go to court. Saying to the judge that you feel you are entitled to all of your money back because of the incidents (rash, DCF investigation, bullying etc.) with nothing else but your word will probably bring up the subject of why if your child was not immediately pulled out of daycare for the diaper rash. If you were so concerneed about this (as this is one of your major points now) then would you leave your child in the daycare anyway ... do you see how it could be portrayed. As far as the "bullying" reality is a matter of perception and although I would never condone or protect a child that was bullying it can be a common problem in daycare/school that is usually handled within the school/daycare and the children are corrected if the caregivers notice the behavior. Teasing and bullying is aweful but it it's not uncommon and you will need to show proof that the daycare either allowed this behavior or intentionally lied to you about it. By calling your local licensing office and allowing them to interview tha staff and conduct their own investigation this could potentially give you the proof that you need.

So far the DCF investigation was dropped (you mentioned that it was cleared) I'm assuming that this means that there was no evidence to support the molestation charges either on your part or the daycare. What happened with the diaper rash portion of it? Did the facility receive reprimandation for this or was this cleared as well? If the daycare was found at fault for the rash incident then you should get a copy of this report from DCF and provide it to licensing. This will help them in their investigation and they can probably cite the facility for improper diapering procedures or more. If they were not found at fault or if the investigation was incoclusive then you still don't have proof yet that the daycare did anything wrong. Again, by allowing licensing to conduct their own investigation they may find them at fault for these occurences on their own simply by observing the environment, the way they handle diaper changes and the way that they supervise the children.

I must warn you about going out publicly and giving out information about this daycare to "warn" other families. In many cases this can be construed as slander unless you have supportive evidence (actual physical proof) to suypport your claims and instead of being helpful to other families you yourself could be taken to court and sued for slander/defamation of character and any loss of income due to the loss of current or potential clients. Please please please don't risk that and take the propper course of action and report the incidents to licensing and if you are or aren't not satisfied with those results you can still have the option to take them to court. Once you have a verdict in your favor you can then contact your local media sources and report your win and they can then to coverage on the story and they would be doing so with factual evidence ... not on heresay and you will be protected.

Good luck to you and your family.

[ATC529R]

everything that Black Cat said in all her posts is exactly how it is. There is only so much you can hold the daycare to legally and that is only if you are willing to go to court and have the proof to back you up. Just from what you are telling us, I think you can get your payment for the second month back but only if the contract does not say that any payments made in advance are not returned if care is terminated (that is what my contract says). You can try and call to report the daycare but again, nothing will be done unless the inspector can see violations to regulations. a "he said she said" regarding a diaper rash is not going to shut this daycare down. neither is a complaint from a parent about a CPS investigation. The daycare is required to report anything. As much as this has frustrated you, they would have gotten in a lot of trouble if they had not reported anything suspicious. As for the bullying, again, you cant prove that unless you have documentation or video or ongoing hard proof that the child are being neglected or not supervised appropriately and that is why the bullying is occurring. I dont know the details about the bullying and it is certainly possible that the teachers were not handling this appropriately but it is also possible that they did what they could and this class was just not the right fit for your daughter. I hope you new daycare works out better.

yeah, I know.......it's a he said she said kind of thing, but as a parent I'm sure people can relate to how devastating something like this is.