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Daycare Center and Family Home Forum>Space Held 2 Months, Changes Mind, Wants Refund? No!
DaisyMamma 06:32 PM 07-17-2012
Hi ladies/gents(?)
Please reply to me, I need some support and any advice. I'm sorry it is long, please read. I really appreciate it.

I took on a child over the telephone (never again!) for a family planning to visit my area for the summer. I was told it would be for 1-2 months temporary, but full time. This was in April or May.

I emailed her my paperwork and she sent in the enrollment form only (didn't sign policies ut oh yes a red flag, why didn't I pick up on it) and her 2 week deposit.

Months later... her first day she shows up with no other paperwork, tells me the child will not come as much as we discussed and - in not so many words - that she wanted her $ back and didn't really want the child to come at all. Her reasoning was completely understandable (sick family member, long story), HOWEVER, I do not refund deposits and I turned away 2 or 3 families because I was expecting this child. So, That's that, I lost out on 2-6 weeks of income ALREADY and she wanted a refund?? No way was I going to do that. I told her that the best I can do is that she can use the 9 days as she sees fit through the next month and that I do not refund deposits. I told her about the other families I turned away and kindly made it clear that I'm losing a lot of income because of this.

My policies state:
"There will be a nonrefundable deposit equal to 2 weeks of care due upon enrollment of your child, 3 weeks for multiple children. This deposit may be paid in full, or financial arrangements may be made. This deposit is to serve as the final week’s payment. Two-week’s notice is required if the child is to be permanently withdrawn from daycare, three weeks for multiple children. Failure to give written notice will cause loss of deposit."

Problem#1 The child attended for 4 partial days. She hasn't been here for 3 days now, but the mom showed up today while my sub was here to get her things, told my sub it isn't working out here and she will be in touch with me. She then is asking my sub about the # of kids here and says - oh, well if my kid came you would have been out of ratio. Then walks over to my parent board and studies my license info. Truth is that this particular mom texted my sub and said her kid wasn't coming today so my sub decided to bring her own kids! I never go out of ratio, ever.

Problem#2 Because of the above obvious concern I called DCM to try to diffuse the situation and if ratio info came up mention info above. She didn't answer, I left a message. ...sorry it didn't work out, I wish you and your family the best, yada yada yada, 3pm today.
6pm I get an email "I got your message today and feel that we need to talk about refunding some of the money I paid you for child's day care. Please respond to my email address."

I have not responded. My thoughts are to reply maybe tomorrow late afternoon and state the facts: I held the spot 2 months, turned other families away and do not give refunds, and quote the paragraph above from my policies and then ignore any further calls and emails, as she is clearly looking for a fight.

Clearly I made mistakes here, I let her kid come those four days without other paperwork and never made her sign the policies. Lesson learned - and no need to admit my mistakes to DCM, BUT, now what?

What would you do? Thanks guys!!
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EntropyControlSpecialist 06:53 PM 07-17-2012
I would do exactly as you said you planned to do.
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Lucy 07:04 PM 07-17-2012
She is looking for a fight, as you said. Don't give it to her. Your key word is NON-REFUNDABLE. Don't let emotion or ego into it, just state the facts. Don't go into details about things you "think" or "feel", just keep it professional and state the facts. Copy the form she signed regarding the non-refundable fee, highlight that part, thank her for her business, and wish her well. Keep it as simple as possible. Do NOT give her the fight. And keep us posted!!!
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DaisyMamma 07:06 PM 07-17-2012
Originally Posted by EntropyControlSpe******t:
I would do exactly as you said you planned to do.
Thank you for your quick response.

I have drafted the email, which again, I will not rush to send, as it will show my stress of the situation.
Dear DCM,
As we discussed, deposits are non-refundable. They serve as the final two weeks that your child is in care or are forfeited if 2 weeks notice is not given.

Please review the ***X Daycare policies that clearly state this: "There will be a nonrefundable deposit equal to 2 weeks of care due upon enrollment of your child, 3 weeks for multiple children. This deposit may be paid in full, or financial arrangements may be made. This deposit is to serve as the final week’s payment. Two-week’s notice is required if the child is to be permanently withdrawn from daycare, three weeks for multiple children. Failure to give written notice will cause loss of deposit."

Good luck and thank you for your understanding,
There is no need to discuss it any further.
Provider

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DaisyMamma 07:07 PM 07-17-2012
Originally Posted by Lucy:
She is looking for a fight, as you said. Don't give it to her. Your key word is NON-REFUNDABLE. Don't let emotion or ego into it, just state the facts. Don't go into details about things you "think" or "feel", just keep it professional and state the facts. Copy the form she signed regarding the non-refundable fee, highlight that part, thank her for her business, and wish her well. Keep it as simple as possible. Do NOT give her the fight. And keep us posted!!!
She did not sign it.
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Lucy 07:15 PM 07-17-2012
Originally Posted by DaisyMamma:
Thank you for your quick response.

I have drafted the email, which again, I will not rush to send, as it will show my stress of the situation.
Dear DCM,
As we discussed, deposits are non-refundable. They serve as the final two weeks that your child is in care or are forfeited if 2 weeks notice is not given.

Please review the ***X Daycare policies that clearly state this: "There will be a nonrefundable deposit equal to 2 weeks of care due upon enrollment of your child, 3 weeks for multiple children. This deposit may be paid in full, or financial arrangements may be made. This deposit is to serve as the final week’s payment. Two-week’s notice is required if the child is to be permanently withdrawn from daycare, three weeks for multiple children. Failure to give written notice will cause loss of deposit."

Good luck and thank you for your understanding,
There is no need to discuss it any further.
Provider
I would leave it at:

"As we discussed, deposits are non-refundable. They serve as the final two weeks that your child is in care or are forfeited if 2 weeks notice is not given."


And then add:

"I have enjoyed your daughter and will be sorry to see her go. Best of luck to you."

I think the part about "there is no need to discuss it further" might just tick her off a little bit. Obviously it's your call, but I say simple and to the point. No fluff or extra explanation. That leaves it open for discussion. It's like with kids... when they ask if they can stay up and watch tv, you just say "NO", you don't say, "I really don't want you to because you will be too tired in the morning and it will be hard to get you out of bed." That leaves it up to debate with the child.... "I promise I will get RIGHT out of bed!!" When you simply say "NO", there's nothing to counter or defend against. Just my take on it. Your mileage may vary!
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Truly Scrumptious 07:24 PM 07-17-2012
I think I would get some legal advice...I had a provider friend one time that had trouble with a mom that received help from the state for child care...the mom had agreed (and signed a seperate contract) to pay her anything the state didn't pay. Well she got upset with the provider about something or other, and pulled her child out. She wanted the next check that was due from the state to be given to her...(it's confusing but all the paperwork and reinbursements are 2-4 weeks behind, so mom was having to pay for care until reinbursements started).
Provider told her that was fine, but that she would be deducting for the 2 weeks notice and then she would write her a check for the remainder. Mom was not happy ....Mom called the state and tried to cause trouble. My friend called and talked with Tom Copeland and explained the situation and about the agreement dcm signed (she was nervous about doing the right thing)....he told her that she had every legal right to keep the 2 weeks notice and give dcm the remainder of the state money.

I would talk to Tom about it and get his advice. She does have to pay for the days her child was in care...but because you have no written agreement...I don't think you can keep the rest.

I would also contact licensing (if you are licensed) and tell them what happened and explain about the ratios, just in case she calls and tries to start trouble.

Don't ever let any parent have that kind of power over you and dictate how things are going to be in your business.....
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DaisyMamma 07:30 PM 07-17-2012
Originally Posted by Lucy:
I would leave it at:

"As we discussed, deposits are non-refundable. They serve as the final two weeks that your child is in care or are forfeited if 2 weeks notice is not given."


And then add:

"I have enjoyed your daughter and will be sorry to see her go. Best of luck to you."

I think the part about "there is no need to discuss it further" might just tick her off a little bit. Obviously it's your call, but I say simple and to the point. No fluff or extra explanation. That leaves it open for discussion. It's like with kids... when they ask if they can stay up and watch tv, you just say "NO", you don't say, "I really don't want you to because you will be too tired in the morning and it will be hard to get you out of bed." That leaves it up to debate with the child.... "I promise I will get RIGHT out of bed!!" When you simply say "NO", there's nothing to counter or defend against. Just my take on it. Your mileage may vary!
Thank you, you are correct.
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DaisyMamma 07:45 PM 07-17-2012
The legal part was one of my concerns. I will see if I can get in touch with Tom. How much are his fees?
I also wonder how less than $200 is worth her aggervation, time and legal costs. To go to small claims you're looking at $250 minimum and she lives on the other side of the country. She is very rich and her family member is dying. I mean, really lady, get over it and take care of your family.
From my point of view: I was borrowing $ to make my mortgage payment because she flaked out on me. I do NOT have the $ to refund, period.
She is the type of person that causes me to have these policies.

Originally Posted by Truly Scrumptious:
I think I would get some legal advice...I had a provider friend one time that had trouble with a mom that received help from the state for child care...the mom had agreed (and signed a seperate contract) to pay her anything the state didn't pay. Well she got upset with the provider about something or other, and pulled her child out. She wanted the next check that was due from the state to be given to her...(it's confusing but all the paperwork and reinbursements are 2-4 weeks behind, so mom was having to pay for care until reinbursements started).
Provider told her that was fine, but that she would be deducting for the 2 weeks notice and then she would write her a check for the remainder. Mom was not happy ....Mom called the state and tried to cause trouble. My friend called and talked with Tom Copeland and explained the situation and about the agreement dcm signed (she was nervous about doing the right thing)....he told her that she had every legal right to keep the 2 weeks notice and give dcm the remainder of the state money.

I would talk to Tom about it and get his advice. She does have to pay for the days her child was in care...but because you have no written agreement...I don't think you can keep the rest.

I would also contact licensing (if you are licensed) and tell them what happened and explain about the ratios, just in case she calls and tries to start trouble.

Don't ever let any parent have that kind of power over you and dictate how things are going to be in your business.....

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cheerfuldom 08:05 PM 07-17-2012
If she didnt sign any paperwork, you made a huge mistake and cannot hold her accountable for the "non refundable" because at this point, it is her word against yours. I would keep whatever is owed, if anything, from the four days that care was given and send her the refund with a short "exit" letter by certified mail. She didnt sign anything, that was your mistake.

Plus this girl should not have been allowed to come when the sub knew that would put you over ratio. There needs to be a discussion about that little incident between you and the sub.
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Truly Scrumptious 08:16 PM 07-17-2012
He will talk to you on the phone for free...just explain the situation or maybe just send your original post to him.

I don't know if she would go to the trouble of taking you to court...I just don't want her trying to cause trouble for you. Even if she makes false accusations, they will still investigate...they have to.

It happens to providers here all the time. A parent gets mad because they didn't get their way and even if there's NO money involved...they cause trouble. Most of the time it's unfounded and nothing happens...but it does go into the file of the provider. But, sometimes depending on the severity of the claim, day cares have been shut down until everything has been resolved.

I'm not trying to scare you, just want you to protect yourself.
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DaisyMamma 08:20 PM 07-17-2012
Originally Posted by cheerfuldom:
Plus this girl should not have been allowed to come when the sub knew that would put you over ratio. There needs to be a discussion about that little incident between you and the sub.
As stated, DCM texted sub before daycare started and said DCG not coming. At that time sub decided to bring her kids. I DO NOT ever go over ratio. DCM showed up later ONLY to pickup DCGs things.

I just wanted to add that I truly believe that the ratio comment she made was meant to plant a seed to scare me and manipulate me into giving into her planned future request for a refund. In other words it was a subtle threat that she knew I would hear about. What she didn't know was that my subs kids werent going to come if her kid did.
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DaisyMamma 08:27 PM 07-17-2012
It is one of my main concerns, that she would cause trouble with the state. It is certainly something I am considering carefully. Bottom line is that I have nothing to hide and did nothing wrong. More importantly I don't have 2 pennies to rub together and if I did I would pay my electric bill. LOL

Originally Posted by Truly Scrumptious:
He will talk to you on the phone for free...just explain the situation or maybe just send your original post to him.

I don't know if she would go to the trouble of taking you to court...I just don't want her trying to cause trouble for you. Even if she makes false accusations, they will still investigate...they have to.

It happens to providers here all the time. A parent gets mad because they didn't get their way and even if there's NO money involved...they cause trouble. Most of the time it's unfounded and nothing happens...but it does go into the file of the provider. But, sometimes depending on the severity of the claim, day cares have been shut down until everything has been resolved.

I'm not trying to scare you, just want you to protect yourself.

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Truly Scrumptious 08:33 PM 07-17-2012
Originally Posted by DaisyMamma:
It is one of my main concerns, that she would cause trouble with the state. It is certainly something I am considering carefully. Bottom line is that I have nothing to hide and did nothing wrong. More importantly I don't have 2 pennies to rub together and if I did I would pay my electric bill. LOL
I don't blame you...under your rules...she shouldn't get her money back, but she didn't sign and she knows she didn't sign and she's already "kind of" made a threat...(when she questioned your ratios and was scoping out your licensing info).
And it may be just that...a passive threat, to scare you into giving her money back...
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MyAngels 08:34 PM 07-17-2012
Just because she didn't physically sign a contract, doesn't mean that there is no contract. She paid you, and based on your usual and customary businesss practices, this would suffice as a verbal contract - basically coming down to a he-said-she-said type of thing.

She probably thinks she can intimidate you into refunding the deposit, which is why she made a big show of examining your license, etc.

I'd send the kiss-off e-mail as you've outlined above, contact your licensing agency to make them aware of a potential problem, and leave it at that. There's a better than average chance she won't do anything at all.
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DaisyMamma 08:43 PM 07-17-2012
Originally Posted by Truly Scrumptious:
I don't blame you...under your rules...she shouldn't get her money back, but she didn't sign and she knows she didn't sign and she's already "kind of" made a threat...(when she questioned your ratios and was scoping out your licensing info).
And it may be just that...a passive threat, to scare you into giving her money back...
Yep. Exactly.
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DaisyMamma 08:51 PM 07-17-2012
This is likely what I will have to do. I cannot refund anything that I do not have. So I will have to hope for the best with this.
I'm not sure I would make the same decision if I had the extra money, since problems with licensing is not something I want to deal with. But if i did refund it, who is to say she wouldn't call anyway! This lady is a real piece of work.


Originally Posted by MyAngels:
Just because she didn't physically sign a con
tract, doesn't mean that there is no contract. She paid you, and based on your usual and customary businesss practices, this would suffice as a verbal contract - basically coming down to a he-said-she-said type of thing.

She probably thinks she can intimidate you into refunding the deposit, which is why she made a big show of examining your license, etc.

I'd send the kiss-off e-mail as you've outlined above, contact your licensing agency to make them aware of a potential problem, and leave it at that. There's a better than average chance she won't do anything at all.

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Truly Scrumptious 08:54 PM 07-17-2012
Originally Posted by DaisyMamma:
But if i did refund it, who is to say she wouldn't call anyway! This lady is a real piece of work.
You are exactly right...happens all the time.
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Heidi 05:43 AM 07-18-2012
Originally Posted by MyAngels:
Just because she didn't physically sign a contract, doesn't mean that there is no contract. She paid you, and based on your usual and customary businesss practices, this would suffice as a verbal contract - basically coming down to a he-said-she-said type of thing.

She probably thinks she can intimidate you into refunding the deposit, which is why she made a big show of examining your license, etc.

I'd send the kiss-off e-mail as you've outlined above, contact your licensing agency to make them aware of a potential problem, and leave it at that. There's a better than average chance she won't do anything at all.
Yes, I agree with this. A contract doesnt HAVE to be signed to be a contract. It can be verbal. Her paying you in the first place, and the fact that she recieved a copy of your policies, is evidence that she understood the agreement. She would have to take YOU to court to get her money back, and then SHE has to proove you somehow mislead her. I highly doubt she will go to that much trouble over $200.

I also believe you should make your licenser aware of the situation. Besides...Murphy's Law applies. Chances are that if you tell your licenser ahead of time, the client never will...
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countrymom 05:48 AM 07-18-2012
sometimes all you need is a verbal contract too. Clearly she knew what your expectations where and the fact that her deposit was non refundable, because she still brought her child to you. I would call and let lisencing know what is going on. Also about her comment about going over, well she already talked to your sub about not bring her child, so you had to fill her daughters spot with other children, you did nothing wrong and she's just trying to find something on you.

also, who is watching the child now, do some leg work on this family. Maybe she has done this before. Make sure you have a paper trail, times, dates any text messages. Even when she originally called, let this incident bite her in the arse.
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countrymom 05:49 AM 07-18-2012
Originally Posted by Heidi:
Yes, I agree with this. A contract doesnt HAVE to be signed to be a contract. It can be verbal. Her paying you in the first place, and the fact that she recieved a copy of your policies, is evidence that she understood the agreement. She would have to take YOU to court to get her money back, and then SHE has to proove you somehow mislead her. I highly doubt she will go to that much trouble over $200.

I also believe you should make your licenser aware of the situation. Besides...Murphy's Law applies. Chances are that if you tell your licenser ahead of time, the client never will...
I agree with this because i just posted the same thing lol!
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Blackcat31 06:13 AM 07-18-2012
Originally Posted by MyAngels:
Just because she didn't physically sign a contract, doesn't mean that there is no contract. She paid you, and based on your usual and customary businesss practices, this would suffice as a verbal contract - basically coming down to a he-said-she-said type of thing.

She probably thinks she can intimidate you into refunding the deposit, which is why she made a big show of examining your license, etc.

I'd send the kiss-off e-mail as you've outlined above, contact your licensing agency to make them aware of a potential problem, and leave it at that. There's a better than average chance she won't do anything at all.
This is my line of thought too! The DCM may not have signed the policies or contract but the paperwork clearly states "There will be a nonrefundable deposit equal to 2 weeks of care due upon enrollment of your child" and returning the enrollment form and then having the child attend even ONE time is enrollment to me.

Clearly she wants to bully you into doing things her way. If I were in your shoes, I would simply state to her that your deposit is NON-refundable as the paperwork said and that the best you can do is allow her to use the space/time/services but you will NOT be refunding anything.

If she wants to take it to licensing....oh well....you did nothing wrong and aren't operating over capacity or illegally so let her say what she wants. Just because someone makes an accusation does NOT mean it is true as she would have to have proof......which she does not have.

99.9% of the time, parents who call licensing owe the provider money. Licensors aren't stupid, I think they probably all know that and act accordingly.

I would not try to explain anything more than 'no refund and good luck in the future' and leave it at that. Let her do whatever she is going to do. I would even send her my license number and phone number to my licensor in case she wants to call just to show her I am not intimidated by her but that's just me.

If I know I am not doing anything wrong....I would NEVER allow someone to bully me into doing something they want me to do.

Your only mistake was allowing her to attend without all the paperwork, but the mom still "enrolled" her child and paid the deposit which you do have proof of so....

I would also save any and all contact (text/e-mails/phone messages etc) from her. Stand your ground hun! If you need to vent or need support...we are here! You did NOTHING wrong!
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renodeb 07:02 AM 07-18-2012
A definate learning experience. I would be very matter of fact and stick to your policies. The key here is non-refundable. This woman has no grounds to ask for the money back. I would keep a record of all this contact you have been having with her. (emails, texts, calls) you are in the right here, there is not going to be any refund. Oh and make sure your doors ar elocked so she cant come harasse you.
That said, next time a situation like that comes up again with a dc call my advice to you is Run!
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cheerfuldom 10:22 AM 07-18-2012
Originally Posted by DaisyMamma:
As stated, DCM texted sub before daycare started and said DCG not coming. At that time sub decided to bring her kids. I DO NOT ever go over ratio. DCM showed up later ONLY to pickup DCGs things.

I just wanted to add that I truly believe that the ratio comment she made was meant to plant a seed to scare me and manipulate me into giving into her planned future request for a refund. In other words it was a subtle threat that she knew I would hear about. What she didn't know was that my subs kids werent going to come if her kid did.

OHHH! well I dont think that put you over ratio because the girl was never in the sub's care for that day. Mom was there the whole time and only to get her items. I agree, mom was looking for something to threaten you about. But either way, she still did not sign a contract....
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cheerfuldom 10:24 AM 07-18-2012
Please let us know what happens and if Tom thinks a verbal agreement or an exchange of policies is just as good as a signed contract. It has always been my understanding that it wasnt binding .....
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DaisyMamma 10:57 AM 07-18-2012
Thanks everyone. I don't want to appear to be rushed to reply to her email. I'll either email her this afternoon or maybe just tomorrow. I'll let you know when I get a reply.
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Lucy 11:24 AM 07-18-2012
Originally Posted by DaisyMamma:
Thanks everyone. I don't want to appear to be rushed to reply to her email. I'll either email her this afternoon or maybe just tomorrow. I'll let you know when I get a reply.
Can't wait to hear how it plays out.
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DaisyMamma 06:31 PM 07-24-2012
Ok, here's the follow up.
I ignored DCMs first email.
Yesterday she sends a second email, passively threatening me again and restating that she wants a refund.
I didn't reply and did not have time to reply before the state showed up today at 12:30.
Lucky me I had only two babies, so it wasn't chaos for the 3 HOURS she was here!

The woman had a laundry list of "complaints", some as dumb as " the kids eat off the floor" (I actually laughed out loud when she said it). The funny thing was that the wording used in the complaint let me know that this DCM had downloaded the state regs. and went through them to TRY and find things she could say!
The license lady was ok, not great, but I had a few citations, like exposed outlets (in a non daycare room) and my outside toys are too dirty
She did tell me that most complaints are mad parents. She also "recommended" that when something like this happens that I should just refund the payment, as it usually results in a complaint to the state if you don't.
Anyhow, its over and done.

My concern is this, and tell me if I'm crazy, but what if this lady is totally crazy and calls them over and over? Like once a month or once every few months? She could leave different names or something....

Has anyone had an irate parent call the state on them? What happened?
Also, will my public license info on the state web site now show that someone called? Or would I have to have "violations" for that to happen???
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DaisyMamma 06:41 PM 07-24-2012
Oh, and BTW, I never replied to DCM and now I never will. This is my best revenge, as she won't know what happened....can she call the state and ask about the inspection?

There's no point in giving back a non-refundable deposit, when she already called the state. now I just need to watch my Google reviews and other sites to make sure nothing bad pops up.
Funny thing, though, she owns a business as well....
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countrymom 07:12 PM 07-24-2012
let her keep calling, but you need to let your rep know what is going on. So if she keeps calling they have a heads up. Or you can call on her too.
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crazydaycarelady 07:16 PM 07-24-2012
Originally Posted by :
Has anyone had an irate parent call the state on them? What happened?
I have! The state came and investigsted the claim and it was determined to be unfounded.

Now that she has already called them I would not reply to her, not refund her money, and never haver contact again.
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DCBlessings27 07:22 PM 07-24-2012
Originally Posted by DaisyMamma:
Ok, here's the follow up.
I ignored DCMs first email.
Yesterday she sends a second email, passively threatening me again and restating that she wants a refund.
I didn't reply and did not have time to reply before the state showed up today at 12:30.
Lucky me I had only two babies, so it wasn't chaos for the 3 HOURS she was here!

The woman had a laundry list of "complaints", some as dumb as " the kids eat off the floor" (I actually laughed out loud when she said it). The funny thing was that the wording used in the complaint let me know that this DCM had downloaded the state regs. and went through them to TRY and find things she could say!
The license lady was ok, not great, but I had a few citations, like exposed outlets (in a non daycare room) and my outside toys are too dirty
She did tell me that most complaints are mad parents. She also "recommended" that when something like this happens that I should just refund the payment, as it usually results in a complaint to the state if you don't.
Anyhow, its over and done.

My concern is this, and tell me if I'm crazy, but what if this lady is totally crazy and calls them over and over? Like once a month or once every few months? She could leave different names or something....

Has anyone had an irate parent call the state on them? What happened?
Also, will my public license info on the state web site now show that someone called? Or would I have to have "violations" for that to happen???
What kind of info is listed on the public info site? We were told that KS lists the complaint even if it turns out to be false.
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Hunni Bee 07:24 PM 07-24-2012
Originally Posted by DaisyMamma:
Ok, here's the follow up.
I ignored DCMs first email.
Yesterday she sends a second email, passively threatening me again and restating that she wants a refund.
I didn't reply and did not have time to reply before the state showed up today at 12:30.
Lucky me I had only two babies, so it wasn't chaos for the 3 HOURS she was here!

The woman had a laundry list of "complaints", some as dumb as " the kids eat off the floor" (I actually laughed out loud when she said it). The funny thing was that the wording used in the complaint let me know that this DCM had downloaded the state regs. and went through them to TRY and find things she could say!
The license lady was ok, not great, but I had a few citations, like exposed outlets (in a non daycare room) and my outside toys are too dirty
She did tell me that most complaints are mad parents. She also "recommended" that when something like this happens that I should just refund the payment, as it usually results in a complaint to the state if you don't.
Anyhow, its over and done.

My concern is this, and tell me if I'm crazy, but what if this lady is totally crazy and calls them over and over? Like once a month or once every few months? She could leave different names or something....

Has anyone had an irate parent call the state on them? What happened?
Also, will my public license info on the state web site now show that someone called? Or would I have to have "violations" for that to happen???


What a complete idiot! I'm so sorry that happened.

I don't think you should allow people to violate your contract because they threaten to call the state . If you did that, there would be no point in having a contract. The licensing lady obviously has never run a business.

And, here at least, reports to licensing do show up on your record, I'm afraid. But I think, it will say something like "unfounded" or "no violations found" or something. Call your licensing board and see.
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brookeroo 06:27 AM 07-25-2012
Originally Posted by Heidi:
Yes, I agree with this. A contract doesnt HAVE to be signed to be a contract. It can be verbal. Her paying you in the first place, and the fact that she recieved a copy of your policies, is evidence that she understood the agreement. She would have to take YOU to court to get her money back, and then SHE has to proove you somehow mislead her. I highly doubt she will go to that much trouble over $200.

I also believe you should make your licenser aware of the situation. Besides...Murphy's Law applies. Chances are that if you tell your licenser ahead of time, the client never will...
Exactly.... She gave you money and despite having not signed the contract still brought her daughter there for 4 days. Now she wants her money back.

In my mind she can say all she wants that she never got your contract but how likely would that be? She understood your rules. What kind of parent/adult enrolls or drops her daughter off not knowing the rules?

I would tell her to give you a copy of the piece of paperwork she received showing where you mislead her since she had received everything but judging from the fact that

1. she paid you and
2. you watched her daughter.... for multiple days none the less
Whether she wants to admit it or not you were all on the same page. She may not have agreed with the rules but she still understood them and by bringing her child it showed that she agreed to them whether she signed the paper or not.

Her selfishness caused you a great loss of money already. I would totally not give in.

I also agree with contacting your license rep and let this mom know you've already contacted them ... just in case she decides to as well. Should she bark, it is always to your benefit to get to explain yourself, before someone attempts to "rat out" what clearly is misinformation.
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Blackcat31 08:43 AM 07-25-2012
Originally Posted by DaisyMamma:
Oh, and BTW, I never replied to DCM and now I never will. This is my best revenge, as she won't know what happened....can she call the state and ask about the inspection?

There's no point in giving back a non-refundable deposit, when she already called the state. now I just need to watch my Google reviews and other sites to make sure nothing bad pops up.
Funny thing, though, she owns a business as well....
No, she cannot call the state and ask about the inspection. That is private info and she is only allowed to report thing sif she feels she has issue but she isn't allowed any follow up like that.

Hmm, she is a business owner too and behaves that way? I can only imagine that the Better Business Bureau is probably full of complaints about her if that is the kind of ethics she has
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Heidi 08:54 AM 07-25-2012
If you state posts non-compliances on their website, do they also post your "corrective action plan"? Once WI started putting those records out there, they thankfully also put our side of it out there.

I got sited for one outlet plug not in...one of my (own) older children plugged something in, unplugged it, and left the cover laying right there 2 feet away...arggh! But, I was able to write in my corrective action plan, also posted on the website, that "I will remind family members that all exposed outlets must be covered). I also didn't have my cpr up to date, and was able to say that it was because the class had been cancelled 3x (due to low enrollment), then indicate when I had it done.

I have asked my dcp's, and not one of them has ever even looked at the website....
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Former Teacher 09:36 AM 07-25-2012
Originally Posted by Blackcat31:
No, she cannot call the state and ask about the inspection. That is private info and she is only allowed to report thing sif she feels she has issue but she isn't allowed any follow up like that.

Hmm, she is a business owner too and behaves that way? I can only imagine that the Better Business Bureau is probably full of complaints about her if that is the kind of ethics she has
In TX you can view all insepctions (centers and home) online.


Originally Posted by Heidi:
If you state posts non-compliances on their website, do they also post your "corrective action plan"
On the TX website for inspections, it states if there has been corrective/adverse actions
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Blackcat31 12:20 PM 07-25-2012
Originally Posted by Former Teacher:
In TX you can view all insepctions (centers and home) online.

On the TX website for inspections, it states if there has been corrective/adverse actions
crazy...but I suppose each state does it's own thing.

I guess here in MN we can look up a child care provider or a center and see that they have correction orders but it doesnt say why the inspection was done (as far as a person calling in etc) and it doesn't say what is being done to fix it, only that a correction order was issued and then the info is pretty vague so.....

I guess I was answering in regards to can that parent call the state and say..."Hey, I called about a daycare provider and I am wondering if you went out and inspected and if so, what did you find?" That can't happen here.

I am also pretty sure that only major correction issues are posted online but who knows as they are so vague that they aren't even interesting...LOL!
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Tags:deposit - forfeited, refund - won't
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