OFFICIALLY Sent to Collections..!

[Leigh]

This is not about transporting during daycare hours. This is about a mom who intentionally chose to not pick up her child when the daycare closed, and THEN got mad at the provider for taking her child along to a ball game.

The daycare was closed. The parent didn't pick up the child when the daycare closed. I can not imagine that this parent would win a case when they were essentially "the one who started it" (daycare phrase?). The parent KNEW the provider was closed and chose to leave her child there-what did the parent think would happen?

I wouldn't accept kids whose parents don't allow me to transport, but I have never had a parent balk at the permission slip-they just sign it and are glad that their kid gets trips to the zoo, the children's museum, etc. However, were I to take a child who was not allowed to be transported, I would consider that after hours, the parent's wishes are no longer considered. If you don't pick up your child, you don't get to complain if he/she has to come along with me.

I would be furious if a provider didn't follow my wishes to not transport my kid-but after REFUSING to pick up their child at closing time, this parent has no room to complain. I honestly don't think she would have a chance at winning a case in court.

[mema]

Agreed.

What we think about who is wrong doesn't matter.
What we do in our programs doesn't matter (in this situation ).
What we think the parent or provider should have done doesn't matter.
What we would do differently doesn't matter.

The only thing that matters now is what the law in the OP's state says, if she decides to go that route.

And that's my 2c.

Am I the only one who thinks this thread is like a broken record?

The OP asked for advice and she obviously didn't take it because she started a new thread asking for more advice.

As a PP said: why do we keep on rehashing this? We all said what we needed to say. No sense on keep on repeating it

[Leigh]

I would imagine that those complaining about this thread MUST still be interested in it if they keep visiting the thread. It hardly makes sense to complain about it. If one were not interested, one would not be on the thread, in my opinion.

[Former Teacher]

I would imagine that those complaining about this thread MUST still be interested in it if they keep visiting the thread. It hardly makes sense to complain about it. If one were not interested, one would not be on the thread, in my opinion.

The ONLY reason why I keep coming back to this thread is because I am a moderator. Trust me...there are a lot more interesting threads to me than this one ::

[Rachel]

As a parent, I NEVER allowed my provider to transport my child. It wasn't the provider I didn't trust, it was the other drivers on the road.

As the parent of children who were in lots of sports and as a business owner, I am the one who needs to arrange my ability to be at my child's games around MY work schedule and not expect parents to work their schedules around my personal life.

I agree with this. I am lucky in that I have a great sub who is mostly free, but she does have other jobs. Once my daughter was in a skit at school. I had to leave at 12 becuase my sub had another job. I missed her, but she knows I came and waited as long as I could.

I took this job, I signed a contract agreeing to provide care between 7 & 4:30, 5 days a week except certain holidays (laid out at the beginning of the year), 3 personal days a year (2 week notice given), and if I need a sick day (we have a system here where the kids go to backup, but I pay). Other than that I am here. If I can not be here, my sub is here. Yes, it's long hours but I knew that when I signed on. I don't get some of you making up your own rules as you go along, or being paid for time when you are there but asking parents to pick up early or drop off late. The provider broke the contract by transporting the child. As a parent I would be livid, and as a DCP I can't understand how to so many people this is so okay. No wonder we have a bad name. :confused:

[Springdaze]

As a parent, I NEVER allowed my provider to transport my child. It wasn't the provider I didn't trust, it was the other drivers on the road.

As the parent of children who were in lots of sports and as a business owner, I am the one who needs to arrange my ability to be at my child's games around MY work schedule and not expect parents to work their schedules around my personal life.

I agree with this. I have had to miss things that my children do, I get that we are in this business to be there for our kids, but how can you stay in business when you are asking so much of the parents. I have laid awake at night trying to figure out how my kids are going to get home from school because this is how i put food on the table and the parents rely on me to care for their kids so they can have food on theirs.

[Unregistered]

Parents Self Defeating Behaviour

You knowingly abandoned your child with this provider. The provider transported ONLY AFTER you left your child with her when she was not able to care for him. You will lose. I would advise to try to settle things out with the provider before your credit gets ruined.

For one, I suspect the contract she signed contained something in there that if the child wasn't picked up...she is authorized to take the child with her until the parent can make arrangements. Beats social services....and I know many daycare's that have that, and is completely legal.

Either way, in the beginning it was made clear about these games, and she signed the contract period. Also - this parent could have easily faxed her a written permission for that day...instead she was completely irresponsible in not picking up the child before the daycare closed.

Now because she has bad feelings toward her provider she wants to bail out on the contact she signed. Many of us have been through that with irresponsible parents who use excuses for getting out of their financial obligation.

Furthermore, she should have apologized for being late and repaired her relationship with her provider so she wouldn't be in this dilemma that she caused herself.

[countrymom]

but I think alot of you are missing the most important point. When your child is involved in an activity YOU GET A SCHEDUAL. So the provider knew in advance the times her child had to play so she could have given it to the provider.

[Cradle2crayons]

but I think alot of you are missing the most important point. When your child is involved in an activity YOU GET A SCHEDUAL. So the provider knew in advance the times her child had to play so she could have given it to the provider.

As a softball and t ball COACH I can ASSURE you there are times we find out about a game the night before literally. Especially rescheduled games, exhibition games etc. it happened about four times last season alone.

It happens.

[KnoxMom]

Good Lord! Can we close this thread already? The OP knows what she needs to do and doesn't want to hear it. She needs an attorney and needs to be prepared with documentation of all communication. The provider gave notice (although it WAS VERY last minute) and the parent did not pick up in time. The provider should NOT have transported. Still, the parent knew THE NIGHT BEFORE AND THAT MORNING she wouldn't be able to leave. I have worked long enough to know that there is NO BOSS ON EARTH that would stop me from leaving to pick up my child in an emergency. It is an emergency if a daycare is closing and I have not authorized my child to be transported. We can go back and forth about who was wrong, what should have happened and what we would have done but the bottom line is decisions have already been made. At this point it is only up to a judge if they can't be civil enough to work it out as adults. Now, can we PLEASE MOVE ON?

[Laurel]

Since Tom Copeland is an attorney and he even replied that the provider broke the contract by transporting WITHOUT parental consent, I am still an odd duck because I believe you will NOT be responsible for the 4 weeks notice or payment for it.

NO parent should be forced to keep their child enrolled in a facility where they feel it is unsafe.

I also think you need to contact an attorney in YOUR state as Tom is probably most familiar with laws in MN and although he gave his two cents, it isn't a sure thing since different states have different laws.

For example in my state when someone turns you into collections you, as a debtor have the right to file a rebuttal and any time someone runs a credit check on you or tries to collect from you, your rebuttal as to why you don't feel the debt is legitimate is also made known.

Please call an attorney in your state. Most will consult with you for free and are usually happy to help.

Laurel

[kelliott]

wow! didn't know 4-5 days after i last posted that people would still be giving their negative(and sometimes positive/constructive) feedback.. i've recieved the information i needed..thank you!

i filed a complaint against her..and she has 2 citations(that i know of) now on her record.. i am checking the mail everyday for a collection notice and have called an attorney..

thank you all!

*will not be replying on the thread anymore

[Unregistered]

You knowingly abandoned your child with this provider. The provider transported ONLY AFTER you left your child with her when she was not able to care for him. You will lose. I would advise to try to settle things out with the provider before your credit gets ruined.

You know, after reading the other thread, I agree with the above. YOU LEFT YOUR KID WITH THIS WOMAN KNOWING SHE HAD SOMETHING TO DO WITH HER CHILD AFTER SHE INFORMED YOU THE NIGHT BEFORE. SHE ALSO WARNED YOU THAT IF YOU DID NOT P/U PRIOR TO HER NEEDING TO LEAVE SHED TAKE THE CHILD WITH HER. YOU DID NOT OBJECT. YOU DID NOT CHOOSE TO TAKE THE CHILD ELSEWHERE FOR THE DAY. YOU DID NOT EVEN COME GET THE KID EARLY! You KNEW that there was this possibility! It's very possible, she had already found out it was NOT illegal to transport your child based on the above, and therefore made the executive decision not to miss her kid's event for you or your child. Your child wasn't UNSAFE or in DANGER, so give me a break. Should she have left? I don't know. I never allowed for no-transportation. I had a TON of older kids and we did field trips and other activities/outings so to exclude one child is VERY UNFAIR so I just didn't do it. If you didn't want me to transport? Your kid didn't enroll. This eliminated the chance anything could happen that would warrant me to inadvertently ido something w/o permission (i.e . emergency) Anyway, If I am getting the right info from original thread , then I don't see how she "voided" your contract. In fact, the fact you knew and didn't object, you could even be seen as giving her 1x permission! (Maybe not as a permanent thing, but on that day by virtue of your dropping off your child knowing the circumstances and not making any other arrangements). I don't think you will even have a case, but as others have said GET A LAWYER!!!!

And next time ,you find a daycare that doesn't do transportation.

If what I have gotten from the thread is NOT true and you had "no idea" (which I do not believe) until AFTER the 4:30pm text, then she would be in the wrong. But somehow I think it's much more than the woman just waited til just before her kid's game to text you. That doesn't make sense, and if it doesn't make sense, it's usually not true!

[JenNJ]

I think you still need to get LEGAL advice on this. Call your local bar association to ask for some guidance.

Everyone in this post can make assumptions, but only a legal professional can handle it from here.

[Blackcat31]

I think you still need to get LEGAL advice on this. Call your local bar association to ask for some guidance.

Everyone in this post can make assumptions, but only a legal professional can handle it from here.

OP did call an attorney.

She posted in post #72 that "i am checking the mail everyday for a collection notice and have called an attorney.."


However, OP did not say what the attorney said to her.