Originally Posted by Enrico:
In case anybody is interested I found an interesting document that explains contract law between daycare and parents.
http://childcarelaw.org/wp-content/u...California.pdf
It focuses on California but almost everything applies to other states. As an example it covers my case and it explains that the only recourse is that I'm entitled to a refund for the days I prepaid and the deposit (both of which the daycare refunded).
I live in CA and from experience, CA has some of the strictest laws in the nation in many areas. Keep that in mind because many times some states are more strict and others more lenient on matters. You will have to check the laws in your own state.
As far as the link you posted, here's a part of it ...
"If one side does violate the contract, the other side may decide to sue in small claims court for money that is owed. This usually occurs when the parent has paid in advance or when the provider asks the child to leave care without giving enough notice.
For example, if the contract requires the provider to give parents two weeks’ notice before terminating a child from the program, the provider is in breach if she dismisses a child from care without giving two weeks’ notice. A parent who sues because of this breach may be entitled to stop paying the provider, to a refund of any advance payment, and possibly also to payment of any wages lost because the parent missed work while arranging replacement child care."
So pretty much what everyone here has already said. There's nothing criminal about your issue, it's civil. Indiana has a 2 year limit on filing a small claims court case so I'm assuming that's why you are asking now, your deadline is almost up. The only thing that no one mentioned that was in the link you posted was the part about possibly being able to sue for loss of wages if you missed work trying to find daycare. If you did and they did and if the reason that your child was expelled was for reasons other than for unsafe behavior or behavior that goes against the contract/policies you agreed to then you might have a case. That depends on why your son was expelled and what is in the contract and policies. It's hard to say without knowing the specifics.