Refund Due To Unsafe Practices?

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  • malenkiy
    Daycare.com Member
    • Oct 2014
    • 6

    Refund Due To Unsafe Practices?

    Our daycare (licensed center) called yesterday to request I bring more milk up for my 5-month-old son (I work from home), so I popped by around 3pm. He was sleeping when I got there, so I went to check on him in his crib. To my horror, I discover him not only sleeping on a Boppy, but with a blanket wrapped entirely around his face. All I could see was the top of his head. The daycare workers started apologizing profusely, making excuses about him being cold, etc. This is the second time I've had to speak with them about him sleeping with a blanket, though last time it wasn't this egregious. Needless to say, I brought him home with me and he is not going back. I spoke with the Assistant Director and requested a half month refund, and she said she'd "speak with accounting" to see if they're able to. Am I in the wrong for expecting a refund when the reason we're terminating is an unsafe, and quite against regulations, situation for which they are responsible? Is there any recourse if they blow off my requests for refund?
  • Blackcat31
    • Oct 2010
    • 36124

    #2
    Personally, I would have requested one as well.

    You also need contact your state's licensing agency as that is NOT okay and NOT something I would take lightly. We (providers) are having to suffer greater restrictions in regards to safe sleep because of facilities and providers who don't follow or take seriously the regulations that are in place.

    That angers me.

    If I were you, I would request in writing that you want a refund for any unused portion of tuition that you have paid.

    I believe you DO have a right to that money because you cannot use the services.

    What state are you in?

    What does your child care contract explicitly say about refunds and termination?

    Good for you for being a parent that is diligent in safe sleep practices!

    Comment

    • melilley
      Daycare.com Member
      • Oct 2012
      • 5155

      #3
      Sorry, I have no advice on the refund, but I would definitely call licensing in your state and report them! With all the training and literature about safe sleep practices, that should NOT be happening!

      Comment

      • Cat Herder
        Advanced Daycare.com Member
        • Dec 2010
        • 13744

        #4
        My bet would be the "checking with accounting" actually means "checking with legal department" as they know this is punishable by law. Giving the refund would equate to admission of guilt.

        Call licensing, now, proceed with their assistance. In all honesty, the money would be my very last concern. The next child may very well die.

        This is inexcusable.
        - Unless otherwise stated, all my posts are personal opinion and worth what you paid for them.

        Comment

        • EntropyControlSpecialist
          Embracing the chaos.
          • Mar 2012
          • 7466

          #5
          That is AWFUL and I am so glad you saw it and got your child out of there PLEASE file a complaint with your child care licensing department. If you need help finding their number I am sure someone on here could help you.

          Comment

          • Blackcat31
            • Oct 2010
            • 36124

            #6
            Originally posted by EntropyControlSpecialist
            That is AWFUL and I am so glad you saw it and got your child out of there PLEASE file a complaint with your child care licensing department. If you need help finding their number I am sure someone on here could help you.
            Here is the contact info for each state. Just click the state you are in and it will give contact info for the licensing or regulatory agency.

            Comment

            • Unregistered

              #7
              Originally posted by Cat Herder
              My bet would be the "checking with accounting" actually means "checking with legal department" as they know this is punishable by law. Giving the refund would equate to admission of guilt.

              Call licensing, now, proceed with their assistance.<b> In all honesty, the money would be my very last concern. The next child may very well die.</b>

              This is inexcusable.
              Very much agreed. My stomach is still in knots. Given the timing and having to start new daycare early (we were switching daycares in the middle of Nov for other reasons), we're just out almost an extra grand if I can't get any money back.

              Comment

              • malenkiy
                Daycare.com Member
                • Oct 2014
                • 6

                #8
                Originally posted by Blackcat31
                Here is the contact info for each state. Just click the state you are in and it will give contact info for the licensing or regulatory agency.

                https://www.daycare.com/states.html
                Thank you! Report filed. Now to camp my happy butt in their front office tomorrow morning until we reach an understanding about the tuition money.


                That was my reply above, btw. Apparently I **** at logging in. ETA: Apparently I also **** at html tags. Sigh.

                Comment

                • Thriftylady
                  Daycare.com Member
                  • Aug 2014
                  • 5884

                  #9
                  You probably were just to angry at the time to do it, but I would have snapped a pic with my phone for proof to the director. May have made getting tuition back easier.

                  Comment

                  • malenkiy
                    Daycare.com Member
                    • Oct 2014
                    • 6

                    #10
                    Originally posted by Thriftylady
                    You probably were just to angry at the time to do it, but I would have snapped a pic with my phone for proof to the director. May have made getting tuition back easier.
                    I didn't even have my phone on me. Ugh. I left it in the car because I was just running in real quick. I do wish I would have now. I'll just hope that we can work something out, if for no other reason than they don't want me standing there during drop off time having a not-quiet conversation about why my baby had a blanket wrapped around his face.

                    Comment

                    • Cat Herder
                      Advanced Daycare.com Member
                      • Dec 2010
                      • 13744

                      #11
                      Originally posted by Unregistered
                      Very much agreed. My stomach is still in knots. Given the timing and having to start new daycare early (we were switching daycares in the middle of Nov for other reasons), we're just out almost an extra grand if I can't get any money back.
                      Oh, no no... You are entitled to that money. :hug:

                      You may even be entitled to a civil suit. Licensing will tell you your options.

                      Sorry for the insinuation. I was just so angry to read that someone would do that when they clearly know better.

                      My own son died of SIDS in childcare at 5 months old. It hit too close to home for me.
                      - Unless otherwise stated, all my posts are personal opinion and worth what you paid for them.

                      Comment

                      • malenkiy
                        Daycare.com Member
                        • Oct 2014
                        • 6

                        #12
                        Originally posted by Cat Herder
                        Oh, no no... You are entitled to that money. :hug:

                        You may even be entitled to a civil suit. Licensing will tell you your options.

                        Sorry for the insinuation. I was just so angry to read that someone would do that when they clearly know better.

                        My own son died of SIDS in childcare at 5 months old. It hit too close to home for me.
                        I am so, so sorry. That makes my heart ache. Ultimately, whether we get our money back or not, I'm just thankful that I happened to be there to see this and have the options/flexibility to pull him and absorb the cost. I'm just so... WTF. WTAF.

                        Comment

                        • NightOwl
                          Advanced Daycare.com Member
                          • Mar 2014
                          • 2722

                          #13
                          You are totally correct. I had an infant to die in my care 3 years ago. He was safely sleeping and it was SIDS. So if a safely sleeping baby can die from it, why in the world would they want to increase your baby's risk?? My bet is that he was crying and they did what they had to to console him.

                          Comment

                          • daycarediva
                            Daycare.com Member
                            • Jul 2012
                            • 11698

                            #14
                            Originally posted by Cat Herder
                            My bet would be the "checking with accounting" actually means "checking with legal department" as they know this is punishable by law. Giving the refund would equate to admission of guilt.

                            Call licensing, now, proceed with their assistance. In all honesty, the money would be my very last concern. The next child may very well die.

                            This is inexcusable.


                            I think you're probably going to hit a brick wall regarding speaking to ANYONE, too. As soon as they know they've been caught, they WILL clam up.

                            Good for you for pulling without hesitation, regardless of cost.

                            Comment

                            • malenkiy
                              Daycare.com Member
                              • Oct 2014
                              • 6

                              #15
                              Originally posted by daycarediva


                              I think you're probably going to hit a brick wall regarding speaking to ANYONE, too. As soon as they know they've been caught, they WILL clam up.

                              Good for you for pulling without hesitation, regardless of cost.
                              I am very lucky in that I work from home and have the ability to keep him with me short term if need be. It ended up being serendipity that the new daycare he was going to start mid-Nov had a baby move out of state and could accept us now. I went back up there today and was told I'd have a check in the mail from their main location by the end of next week. I let them know that I hope this is the case, as I'd hate to have to bother our lawyer for a demand letter or follow up further with state licensing to investigate any recourse.

                              Thank you all for your help/confirmation that my expectations are appropriate.

                              Comment

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