my child is being scratched and nipped at daycare. i asked the provider to isolate the dog from the children; she refuses. i pulled my child out and she demanded two weeks pay. i said no due to safety concerns. do i have the right to breach the contract on these grounds?
Breaching Contract Due To Safety Concerns
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my child is being scratched and nipped at daycare. i asked the provider to isolate the dog from the children; she refuses. i pulled my child out and she demanded two weeks pay. i said no due to safety concerns. do i have the right to breach the contract on these grounds?- Flag
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I do t know why the kind of provider or how many kids she has had any weight on it. If I were you I would have reported the first bite. Has the dog been vaccinated? Have you seen the records? Has he been secluded? If a provider is allowing a child to be bitten that is wrong. Period.- Flag
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However, what state are you in and do you know what the regulations (if any) are in regards to pets in care?
I would never risk it but I certainly would NEVER blame a child for a dogs behavior when its MY job as the provider to ensure the safety of the children in care and if I felt the child was harmful or dangerous to the dog I would remove the dog or term the child but I wouldn't blame it on the child....
My advice is to report this immediately (if you share the state, we can probably help you with the contact info person if you don't know it) and send her (the provider) written notice that you do not intend to pay the final two weeks of care.
I am sure it would be easier to just pay the two weeks and call it good but this kind of thing really irritates me for personal reasons so as a parent I would not pay. I would report it to the licensor though and report that you have no intention of paying. I would invite the provider to sue me in small claims court before I ever willingly paid her a dime.- Flag
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There is NOT a court of law in the world that could force me to keep my child in a situation I do not feel is safe......
However, what state are you in and do you know what the regulations (if any) are in regards to pets in care?
I would never risk it but I certainly would NEVER blame a child for a dogs behavior when its MY job as the provider to ensure the safety of the children in care and if I felt the child was harmful or dangerous to the dog I would remove the dog or term the child but I wouldn't blame it on the child....
My advice is to report this immediately (if you share the state, we can probably help you with the contact info person if you don't know it) and send her (the provider) written notice that you do not intend to pay the final two weeks of care.
I am sure it would be easier to just pay the two weeks and call it good but this kind of thing really irritates me for personal reasons so as a parent I would not pay. I would report it to the licensor though and report that you have no intention of paying. I would invite the provider to sue me in small claims court before I ever willingly paid her a dime.
I'd almost always naturally side with a provider and tell you to pay, but this is an absolute exception. If you refuse, the worst she can do is take you to small claims court, and I think she'd have a hard time getting a judge to say that it's reasonable for you to continue taking your child to someone unsafe.
I'd keep any evidence (texts, notes) just in case.- Flag
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I would not take my child back either. When did the bite happen? If it was in the last day or two I would contact animal control. While some dogs don't do well with young children, it is up to the provider to know that and to keep the dog separate. She can take you to court to get the two weeks, not sure if she will win, but many judges wouldn't give it to her I don't think based on the dog issue.- Flag
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I wholeheartedly agree with the previous posters. I have three dogs. My youngest dog is Yorkie puppy and she is the only one allowed to be around the kids. None of the dogs would be allowed near any child if they nipped, growled, or scratched. A very important part of a provider's job is to keep the kids safe. If she refused to do that, I would be very surprised if a judge held you responsible for a two week notice period. I also think you should file a report with licensing. Your little one may not be the only one getting injured by the animals.- Flag
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My licensed doesn't allow dogs, cats, reptiles, birds to interact with dck. Can't have dog/cat water or food bowls, toys, blankets, cat litter box on the floor where dck can grab them. But I realize not all providers are under same guidelines. I would file a report and let your provider know you have and you will no longer need her care. She'll get the hint you are not going to pay.
Update please. I'd be interested to hear what your county does next.- Flag
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I could be wrong, but I interpreted it as a bite that doesn't break the skin. I have a Yorkie puppy and she only nips my daughter. My daughter likes to pester the dog until she gets the "warning nip." My dog doesn't leave a mark with her nips because she's still young but I have seen some "nips" that leave nasty marks.- Flag
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My licensed doesn't allow dogs, cats, reptiles, birds to interact with dck. Can't have dog/cat water or food bowls, toys, blankets, cat litter box on the floor where dck can grab them. But I realize not all providers are under same guidelines. I would file a report and let your provider know you have and you will no longer need her care. She'll get the hint you are not going to pay.
Update please. I'd be interested to hear what your county does next.- Flag
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I could be wrong, but I interpreted it as a bite that doesn't break the skin. I have a Yorkie puppy and she only nips my daughter. My daughter likes to pester the dog until she gets the "warning nip." My dog doesn't leave a mark with her nips because she's still young but I have seen some "nips" that leave nasty marks.
Also wondering what type of dog this is. A nip from a Yorkie is a lot different than a nip from a German Sheperd. I still think both are equally dangerous to a child but am curious about the breed/size/type.
Not only for the kids' safety but for my pets as well.
Kids and pets usually mix great when they belong to the same family but I dont think ANY state should allow DCKs and pets to mix.
There are way too many risks and I think the risks far outweigh any possible benefits.
The provider's refusal to keep the dog separated from the child baffles me.
If the child is at fault (like the provider says) then why wouldn't she want to protect her pet?
If the pet is at fault, why wouldn't she want to keep her DCK safe?- Flag
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