Originally Posted by Chad:
Yes, we did sign a contract. In the contract it states that she would be in sight of toddlers and babies at all times. Obviously not when they are napping. Anyway, she broke the contract. I understand that it would be her word against ours but I believe we would win easily. I would have no problem going to court on this.
Thanks.
I agree that she was not adequately supervising your child. I do have 2 year olds that can open the door, and will occasionally try. I drill it into their heads "only grown ups open the door". If it became an issue, I would install some sort of lock up high. If that still was a problem, I'd probably term the child because I'd consider it a safety issue.
Having the words "infants and toddlers will remain in my sight at all times" in a CONTRACT is IMO, just plain ridiculous. First of all, that sort of thing belongs in a parent manual, not on a contract. Your contract should be fairly simple...money, time off, hours of care, etc. Behavior, discipline, philosophy, potty training, sick policy, supervision, field trips, etc. should be in a policy manual.
2nd of all, it's clearly an EMPTY promise either way, because it's not possible unless you have staff, and even then, we no more have our eyes on each and every child every second than we have our eyes on the road every second. "Nature calls" alone make it impossible, unless she takes 4 or 5 kiddos in the bathroom every time. Other children needing you, diaper changes, reading stories, making meals, cleaning up, and a whole bunch of other things need to be done. In most states (not in all), they do not have to nap in the same room, either. I couldn't do daycare here if they did, personally.
So, that's my take on it. I think in theory you owe her the money, but I personally would not pay it. Sounds like you cut your losses and did pay, which was very honorable, IMO. I would file a licensing report. She may deny it, and it may show up as "unsubstaniated", but it may end up showing a pattern of behavior. When you call, I recommend trying to be as unemotional as possible. Just voice your particular concern, but don't elaborate or sling mud. You don't want to come off as a disgruntled person who just didn't want to pay (especially since you did). Just a concerned parent, who wants to make sure the children still in her care are not in danger.