Temination Due To Transportation W/Out Permission

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  • MyAngels
    Member
    • Aug 2010
    • 4217

    #91
    Originally posted by Willow
    I don't understand why this provider ever accepted this family....

    If the games were important to her and her family and this mom refused to sign the transportation form holy asking for hairy business there.

    Why didn't mom address the text?

    Why didn't provider ask at drop off that day what the plan would be after getting no.response to the text?

    Why did she ever allow the drop off that morning without an agreed upon plan?


    I would have required the transportation form if it was that important to me, and if I hadn't secured that form or got some response from mom when I notified her of the game I'd have never let her leave him in care that day......
    I agree with this, too.

    To the OP: Before you decide whether you will or won't pay this provider for the notice period you need to talk with an attorney and have him or her review whatever you signed in the first place before you end up on the receiving end of a lawsuit that may very well cost you hundreds of dollars in fees, costs and attorneys fees.

    I personally have a contract that would be totally enforceable in this situation and I wouldn't hesitate to sue you to collect.

    FWIW I think this provider was wrong to transport your child without your written permission, and I think you were wrong for enrolling your child with a provider who clearly did not mesh well with your values.

    Comment

    • Willow
      Advanced Daycare.com Member
      • May 2012
      • 2683

      #92
      Wanted to add, there is no shame is accepting assistance if it gives you the ability to select a provider you feel is a better fit for your child. Please don't sacrifice quality or peace of mind for your pride.

      It's there to help people just like you and your son OP. Many of us have been there and would never ever judge.

      Comment

      • Crystal
        Advanced Daycare.com Member
        • Dec 2009
        • 4002

        #93
        Originally posted by mom2many
        Idk...I was told it does NOT exist! A provider can write up her own release authorization form, but the State could care less. It is not in our regs.
        Well it definitely exists, I use it with every family and have since I started.unsupervised to me by my licensing agency. I will try to scan it absolutist tomorrow when I have some free time.

        So weird.....I just don't understand how it can be so different from county to county. Very irritating.

        Comment

        • Crystal
          Advanced Daycare.com Member
          • Dec 2009
          • 4002

          #94
          OP.......I would still report it to licensing.....let it be up to them if there are any legalities regarding transporting without your authorization

          Comment

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

            #95
            Originally posted by Crystal
            OP.......I would still report it to licensing.....let it be up to them if there are any legalities regarding transporting without your authorization
            agree, just because we know that they don't regulate this type of thing does not mean that you still should not try to have it investigated.

            Also, I agree with willow....if you can get some assistance to help place your child in a better place, please try and do that.

            Comment

            • kelliott
              Daycare.com Member
              • Apr 2013
              • 77

              #96
              Originally posted by Crystal
              Why does this matter? As a parent, I did not want people transporting my child either. Who knows what kind of driver they are, if they speed, get road rage, etc.?

              The parent agreed to pick up early for games. However, the provider should have given her ample time to make accomodations to pick her child up early. The provider did not find out at 8:00 at night that her child had a game the next day and she was being very inconsiderate and disrespectful to the parent by giving such short notice. She could have missed the beginning of ONE GAME since the parent was unable to get off of work on time. Additionally, if they had a signed contract saying that her pick up time is 5:30, she doesn't HAVE to accomodate the providers request and can pick her child up at that time. The parent was doing the provider a favor by picking up early and the provider could have given an inch in this instance.

              I just don't get why the parent is being questioned about this. :confused:
              thank you for your defense!.. i did say that the games were mentioned in the contract, however, she never gave a schedule of them or anything and the notice to my work was my biggest issue. i called the licensing office today and they said she did nothing wrong which i don't get, obviously.. i am still going to contact a lawyer and file a complaint.. something has to be done.. why even give a permission slip if it's irrelevant to what you're going to go by?!??

              Comment

              • kelliott
                Daycare.com Member
                • Apr 2013
                • 77

                #97
                Originally posted by daycare
                Willow, I am a little confused on this too, its hard to get things across sometimes when posting.

                I agree, I dont understand why they entered into a business agreement together when it was clear from the start that they were NOT on the same page....
                the fact that we were not on the same page has nothing to do with it.. the main issue i had with her is the amount of time she had given me as notice. LESS than 24 hours before the game was to start. as i stated, i have to turn in request forms to my boss for time off.. had she given me time to do that none of this would even be being talked about..i would have gladly worked with her on early pickups if she would have been reasonable with notice.. these baseball games began in february, i am sure sometime before this week a schedule was given to her that in turn should have been given to us parents.

                Comment

                • kelliott
                  Daycare.com Member
                  • Apr 2013
                  • 77

                  #98
                  Originally posted by Unregistered
                  So after you get this text saying you need to pick him up early... what did you do??? Did you try to have an adult conversation/explanation with this provider...Or you just stayed passive waiting to see how far could you push your personal interests over this provider's personal life!!

                  Now, if this provider, as many others, had to give you a short notice due to her own illness... would you just ignore it the same way??!!! Do you really do not have a back up plan for these situations?????! ...or you just intentionally decided to not use it this time !!!

                  The provider was in the wrong... but I'm getting the impression that also this parent is intentionally trying to push this providers buttons and just used this event as an opportunity!

                  This seems to me more like a power struggle of "who's the boss" and it is so sad to see one parent jeopardizing his child safety and a provider jeopardizing her license for such a childish behavior!
                  #1. i had texted her FIRST that day stating that my boss said i could not leave earlier than 4:30..4:30 is the time the baseball game started, she could have missed the first 10 minutes..
                  #2. an illness is quite different in my eyes as i am sure most people feel that way. EVERYTIME my son got an illness there i left work and was able to pick him up...this was not an emergency
                  #3.i am a SINGLE mother.. my parents are divorced and my father moved to another state, so no, i do not have back up sitters i can just call on a whim. the ONLY family i have within 300 miles of me is my mother, who mind you, works 12 hours a day and owns a business-perhaps i don't need to explain to you that she cannot just leave work when she feels like it...?
                  #4 i am telling my side of the story and answering the questions asked. you do not know me outside of this forum so keeping your judgement to yourself would be appreciated

                  Comment

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

                    #99
                    I understand where you are coming from, I don't agree she was right for what she did. It's hard to sometimes get a clear picture when you are reading the post

                    As a provider, I would have never taken You on as a client knowing you would not allow me to transport your child. We just would not be a good fit. You have every right to not want your child transported.

                    She gave you a very short notice which i dobt think wAs fair but I'm confused you said that you knew she needed to leave early but you still didn't arrange to pick up your child when needed. Does she have in her contract that you are responsible for providing back up care for days that she may take off???

                    I'm not trying to go against you at all....just trying to see where she may be able to get away with what she did.
                    Last edited by daycare; 04-24-2013, 10:41 PM.

                    Comment

                    • kelliott
                      Daycare.com Member
                      • Apr 2013
                      • 77

                      Originally posted by NeedaVaca
                      I'm a little confused by this? Most providers make the decision as to whether the child is allowed to attend based on symptoms they see not a Doctor. Are you looking for another way to get out of the contract? It would depend on what it says regarding this.
                      I AM NOT JUST "LOOKING FOR A WAY OUT"...if/when i am in the wrong i will admit and take full responsibility for it..in this case, i do not feel that i am wrong. i told her BEFORE my son enrolled that he has had a runny nose for years and she said it was not a problem as long as it is not green... why should my son stay home and me miss work just because she's too lazy to go get a tissue..??


                      AND UNRELATED TO THIS POST I THOUGHT I WOULD MAKE IT CLEAR: i DID technically sign the permission slip for transport right below the box i checked stating i was NOT okay with her transporting him off the premises.. it's not like i just ignored it.. she knew i had seen it because i signed it..and she also saw and noted i did not allow it

                      Comment

                      • kelliott
                        Daycare.com Member
                        • Apr 2013
                        • 77

                        Originally posted by daycare
                        I understand where you are coming from, I don't agree she was right for what she did. It's hard to sometimes get a clear picture when you are reading the post

                        As a provider, I would have never taken You on as a client knowing you would not allow me to transport your child. We just would not be a good fit. You have every right to not want your child transported.

                        She gave you a very short notice which i dobt think wAs fair but I'm confused you said that you knew she needed to leave early but you still didn't arrange to pick up your child when needed. Does she have in her contract that you are responsible for providing back up care for days that she may take off???

                        I'm not trying to go against you at all....just trying to see where she may be able to get away with what she did.
                        finding back up care for her days off was in the contract.. but shouldn't i get notice for those days???

                        Comment

                        • kelliott
                          Daycare.com Member
                          • Apr 2013
                          • 77

                          basically what i am getting from all of this is that even though she did take my son without my permission, she did nothing wrong. the permission slip was not in the actual contract(it was a separate piece of paper) therefore i still owe her the 4 weeks of care whether my son is there or not.

                          i am also getting the feeling that everyone is in agreement that i have nothing legally binding for her to get any type of consequence for what she did, whether it be through licensing or just the state in general.....?

                          Comment

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

                            I'm not trying to upset you. Like crystal and I both said before you should still call licensing and let them investigate.

                            All I was asking is what the DCP policies are.

                            I have in my contract that if I need to leave and you are not here that I will take your child with me and you will need to pick them up wherewver I am at.

                            Now, I understand that your situation may be different. Like I said I'm just asking about the policies. I'm not saying its not a leagal binding document, I don't know what you signed.

                            Comment

                            • butterfly
                              Daycare.com Member
                              • Nov 2012
                              • 1627

                              Originally posted by Unregistered
                              So after you get this text saying you need to pick him up early... what did you do??? Did you try to have an adult conversation/explanation with this provider...Or you just stayed passive waiting to see how far could you push your personal interests over this provider's personal life!!

                              Now, if this provider, as many others, had to give you a short notice due to her own illness... would you just ignore it the same way??!!! Do you really do not have a back up plan for these situations?????! ...or you just intentionally decided to not use it this time !!!

                              The provider was in the wrong... but I'm getting the impression that also this parent is intentionally trying to push this providers buttons and just used this event as an opportunity!

                              This seems to me more like a power struggle of "who's the boss" and it is so sad to see one parent jeopardizing his child safety and a provider jeopardizing her license for such a childish behavior!

                              Comment

                              • Country Kids
                                Nature Lover
                                • Mar 2011
                                • 5051

                                Originally posted by kelliott
                                basically what i am getting from all of this is that even though she did take my son without my permission, she did nothing wrong. the permission slip was not in the actual contract(it was a separate piece of paper) therefore i still owe her the 4 weeks of care whether my son is there or not.

                                i am also getting the feeling that everyone is in agreement that i have nothing legally binding for her to get any type of consequence for what she did, whether it be through licensing or just the state in general.....?
                                Yes, since it was not part of the contract, the contract will not be void.

                                Licensing has said she did nothing wrong, so contacting a lawyer will more then likely get you nothing.

                                I'm also wondering, was there anything in the permission slip that if the provider needed to leave and you weren't there, the child would be transported? I know Daycare has that in her contract and I think some others do also.
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