Temination Due To Transportation W/Out Permission

[kelliott]

i am in California.. not sure of all the laws for childcare centers (obviously:/)

basically what i am getting out of this is that i am still obligated to pay the 4 week period after taking him out of her care, BUT she can still be in some trouble with transporting my son without permission...??

[Blackcat31]

i am in California.. not sure of all the laws for childcare centers (obviously:/)

basically what i am getting out of this is that i am still obligated to pay the 4 week period after taking him out of her care, BUT she can still be in some trouble with transporting my son without permission...??

I think someone from California would know more and have the right answers for you.

Hang on and I will see if I can prompt a California member to respond.

[Heidi]

ok.. that info helped a bit.. let me ask you this then, if i pay her what is stated in the contract(4 weeks of care whether he is there or not).. would the fact that she took my child in a vehicle without permission still be something for me to stand on as far as her licensing goes?

i really don't agree with it and think it was wrong of her to do..i have no doubt that if she were to have given me more advanced notice, i would have been able to work something out..but the attitude she is giving me and the way she is responding is so childish and uncalled for, i need something that will make her see it from my perspective and be reasonable.

Chances are she won't, because she probably thinks she is being reasonable. Obviously, being at those games meant a lot to her. As others have already said, obviously there was a breakdown of communication along the way.

If she violated licensing rules, then you do have recourse, and that is to report her.

As far as her attitude....let it go. She's mad, your mad, but it won't fix anything.

Was the permission slip actually part of the contract? If it was, and you clearly indicated NO on the contract, I don't think you owe her $.

If it was a seperate document, then I think you may, BUT, I would call an attorney or legal aid, if there is such a thing near you.

I hope you find a new provider that you like, and that things go smoother!

Edited to add:

See...BC is finding a local expert for you! I know CA law is different from WI for sure. This is written for dcp's, but maybe it'll give you some answers..

http://www.childcarelaw.org/docs/providercontracts.pdf

[kelliott]

everything was not great.. my son like her, yes.. but i wasn't %100 happy with her at any point in time.. the fees were ridiculous and it just seemed as if mine, or any of the kids for that matter, were a burden to her on any given day. the day i checked out her daycare(because i know how daycare centers are with sick kids) i told her that pretty much ever since my son was born he has had a runny nose which his physician said was allergies and nothing to be concerned about..she replied to that statement with "as long as it's not green it's okay. green means they have an infection"... about 3 weeks ago she sent me a message stating "contagious or not, if your child has allergies and you don't want them on medication then they need to stay home...ash and i have spend the last week cleaning noses and everything that snot can be smeared on. call your pediatrician and they can tell you what would be best to take"...... if i would have taken him out then(my physician-who i'm sure knows more about toddler health issures than she does, said that he does not need medication) would i still be legally binded to the contract since she technically was the one who told me not to bring him?

[Country Kids]

I have a contract, registration pack, PHB.

Contract-Everything to do with money

Registration-Forms, forms, forms (permisison forms for many things)

PHB-Policies

So my contract has nothing in it about transporting but my registration pack does.

[SilverSabre25]

Kelliot, with all due respect, there is one very important question that you are ignoring:

What were your reasons for not giving your provider permission to transport your son in the event you could not pick up early, especially given the prior information that there would be games the family would want to attend that you would need to leave work for?

[SilverSabre25]

and to actually answer your question,

yes, legally your provider was in the wrong.

however, morally, you were too, by not accommodating the provider's right to a life and family and giving her the tools she needed, one way or the other, to adequately meet the needs of both you (her client) and her family.

[Play Care]

The provider is in the wrong here, any way you slice it.
As a provider I would NEVER take on a family that refused my consent to transport permission slip - it's actually one of my policies. But in this case the provider took on the family anyway - and even if the mom *said* they would pick up early on games days, that wouldn't have been good enough for me and it shouldn't have been good enough for the provider. Because we know how that story ends

[daycare]

I am in CA and the state does not get involved with transportation type stuff./ From what I understand, they do not even check to make sure that we have the right amount of auto insurance to transport children.

they (lic) cannot tell us how to type up or contracts, but they do want for us to have a plan of operation which includes a transportation arrangements.


I think you were both in the wrong for doing business together. If she knew she was going to be going to games, then she should have not taken your child when she knew that you were not going to allow for her to transport him. In my eyes that was wrong on her part. But then also wrong on your part for having him in a place that you knew this was going to happen......

I think you two should come to a mutual understanding and try to work it out.

Can I ask why you don't want your son to be transported?

[Crystal]

and to actually answer your question,

yes, legally your provider was in the wrong.

however, morally, you were too, by not accommodating the provider's right to a life and family and giving her the tools she needed, one way or the other, to adequately meet the needs of both you (her client) and her family.

I really think this is unfair to the parent. She agreed to work with the provider on this, but the provider did not give her enough notice. Honestly, the provider is expecting WAY to much IMO.....an occasional early pick up, sure, but a couple of times each week....NO.

[Crystal]

I am in CA and the state does not get involved with transportation type stuff./ From what I understand, they do not even check to make sure that we have the right amount of auto insurance to transport children. It is on the emergency card for the parent to sign if they agree to allow the parent to transport. If that is not signed by the parent then the provder CANNOT transport. If you transport they cann and will check to make sure you have liability insurance to cover transporting children

they (lic) cannot tell us how to type up or contracts, but they do want for us to have a plan of operation which includes a transportation arrangements.


I think you were both in the wrong for doing business together. If she knew she was going to be going to games, then she should have not taken your child when she knew that you were not going to allow for her to transport him. In my eyes that was wrong on her part. But then also wrong on your part for having him in a place that you knew this was going to happen......

I think you two should come to a mutual understanding and try to work it out.

Can I ask why you don't want your son to be transported?

Replied in bold above.

Also........

ALOT of parents do not want their childrent transported. It is a risk that many are not willing to take. I have one family that specifically signed with me orignally because I do not transport (other than the occasional field trip....she wanted to make sure no errand running/family travel, etc) and she could not find a provider who did not transport.

I am not understanding why providers are questioning the parents decision on this????

[Crystal]

OP.............

You do not have to pay the provider the final fees and I would NOT pay her. I'd be mad as hell if I were you, and I would be letting her know that I would not be paying and she is welcome to take legal action against you.

You had a contract. You never signed giving permission to transport. You had a VERBAL agreement that she would not transport, which WILL hold up in court. She transported anyway, therefore voiding your contractual obligation.

What county are you in?

[kelliott]

i did not want her to transport my son for my own reasons.. it's a trust thing, and i knew this lady for a month and a half.. i don't just let random people take my child places..especially in vehicles. i do not know her driving record or anything, so for me, it was a no brainer that my child should be kept at the facility at all times.

i understand that she wanted to see her sons games..i don't have a problem with family..as my son is mine and i would do anything i can for him.. but she and her daughter run the daycare and i figured any reasonable person would have maybe left the daughter there for the extra 30 minutes until i could pick him up.

mind you, these games start at 4:30 and i get off work at 5... it's not as if she would have missed the entire game

[kelliott]

OP.............

You do not have to pay the provider the final fees and I would NOT pay her. I'd be mad as hell if I were you, and I would be letting her know that I would not be paying and she is welcome to take legal action against you.

You had a contract. You never signed giving permission to transport. You had a VERBAL agreement that she would not transport, which WILL hold up in court. She transported anyway, therefore voiding your contractual obligation.

What county are you in?

i am in Tulare county .. CA

[Crystal]

Kelliot, with all due respect, there is one very important question that you are ignoring:

What were your reasons for not giving your provider permission to transport your son in the event you could not pick up early, especially given the prior information that there would be games the family would want to attend that you would need to leave work for?

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: