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  #1  
Old 11-21-2017, 04:32 AM
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Default Illegal Daycare Charging

A contracted aftercare provider in Missouri provided services for a school. The parents were under the impression the provider was properly vetted. The aftercare provider is attempting to collect a past due balance for services. The provider was hot lined and it was identified that the aftercare provider was operating illegally. Per Missouri law, a provider cannot provide services for more than 4 unrelated children without being properly licensed and they had 25 children. To put the icing on the cake, they applied for the license and the application specifically stated that they cannot provide services without the approved license. Is the childcare provider due the balance? In addition, is the contract/agreement void because they were operating illegally?

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Old 11-21-2017, 07:36 AM
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A contracted aftercare provider in Missouri provided services for a school. The parents were under the impression the provider was properly vetted. The aftercare provider is attempting to collect a past due balance for services. The provider was hot lined and it was identified that the aftercare provider was operating illegally. Per Missouri law, a provider cannot provide services for more than 4 unrelated children without being properly licensed and they had 25 children. To put the icing on the cake, they applied for the license and the application specifically stated that they cannot provide services without the approved license. Is the childcare provider due the balance? In addition, is the contract/agreement void because they were operating illegally?

Thank you!
If she provided services, she's entitled to be paid for those services.

If any one feels they were duped (due to her not being licensed and believing she was) they can certainly sue her to get their money back but that is a completely separate issue IMHO.

If you are seeking opinions from providers, you will find that here however if you are seeking legal advice you will need to consult an attorney.
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Old 11-21-2017, 07:37 AM
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Read your contract, first. If you have any further questions feel free to contact your states licensing authority for clarification. It is possible the provider was a contracted employee of the school. Your contract should explain it.

Section for Child Care Regulation
Division of Regulation and Licensure
Missouri Department of Health and Senior Services
PO Box 570
Jefferson City, MO 65102-0570

Phone: 573-751-2450
Fax: 573-526-5345
Email: info@health.mo.gov
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Old 11-21-2017, 09:16 AM
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Originally Posted by Unregistered View Post
A contracted aftercare provider in Missouri provided services for a school. The parents were under the impression the provider was properly vetted. The aftercare provider is attempting to collect a past due balance for services. The provider was hot lined and it was identified that the aftercare provider was operating illegally. Per Missouri law, a provider cannot provide services for more than 4 unrelated children without being properly licensed and they had 25 children. To put the icing on the cake, they applied for the license and the application specifically stated that they cannot provide services without the approved license. Is the childcare provider due the balance? In addition, is the contract/agreement void because they were operating illegally?

Thank you!

Can you clarify this?

The school district contracted with a provider (was it in the school or in her home?)

Who owes her money? Parents or the school? Who was paying her directly?

Who has a contract with her? School? Parents? Both?

Honestly, as a parent it's your responsibility to vet your childcare provider. It's simple enough to find each state's licensing authority and give them a call to check on the legality of a child care situation.

If she provided services, she is owed money. It's your choice to move forward with a continuing business relationship or not (but you have to abide by the contract)

In addition, there are more illegal providers in my area than legal. It's just the way things are and most parents could care less. Honestly, most providers aren't even aware that what they're doing IS illegal until a disgruntled parent calls and reports them, and it's usually about money.
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Old 11-21-2017, 12:56 PM
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The service was provided in school. But the application specifically advised that they were not provide services unless the license was approved. How is it the fact that they were providing services illegally does not void the contract?

The parents paid the child care provider directly. Parents had no reason to question the legality of provider as one would think since the school had them as contractors were vetted.
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Old 11-21-2017, 01:01 PM
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Quote:
Originally Posted by Unregistered View Post
The service was provided in school. But the application specifically advised that they were not provide services unless the license was approved. How is it the fact that they were providing services illegally does not void the contract?

The parents paid the child care provider directly. Parents had no reason to question the legality of provider as one would think since the school had them as contractors were vetted.
If the school allowed services to be provided, were they (the school) unaware of her not being licensed?

If so, I would pay the provider (she did provide the services) and sue the school for a refund of fees.

I don't understand why any of that would void the contract.
Unless the contract said something like "If I am lying, you don't have to pay".
Otherwise was the services provided somehow a lesser quality than previously thought?

A license doesn't automatically mean poor quality or services should be free.

Are you a parent that owes this provider?

How do you have access to the info (provider's agreement with school etc)?

Is this operating legally or is this really about not wanting to pay for services?
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Old 11-21-2017, 01:04 PM
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The parents paid the child care provider directly. Parents had no reason to question the legality of provider as one would think since the school had them as contractors were vetted.
It's always the responsibility of the parent to know who is providing care for their child.
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Old 11-21-2017, 05:32 PM
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But what does that have to do with whether or not them operating illegally voids the contract or monies are due to the parents???
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Old 11-21-2017, 06:03 PM
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Quote:
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But what does that have to do with whether or not them operating illegally voids the contract or monies are due to the parents???
They still provided services to you whether they were legal or not.
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Old 11-21-2017, 09:36 PM
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Quote:
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But what does that have to do with whether or not them operating illegally voids the contract or monies are due to the parents???
Did the person provide care for your child? If yes, then you owe her the money for the work she did. If you are mad about the licensing, go to the school and complain, since they must have dropped the ball, but dont try to get out of paying someone who provided care for your child. It is technically illegal to sell lemonade without a license, but you don't go guzzle a cup and then tell them you are not going to pay for it bc they don't have a license. not cool man.
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Old 11-22-2017, 06:26 AM
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But what does that have to do with whether or not them operating illegally voids the contract or monies are due to the parents???
So it IS about you owing money...

You owe the provider for services rendered.

Take your complaints about operating illegally to the school.

******************************************
Why do parents have to take the long way around (in explaining) when they simply owe money to someone that cared for their child?

Many will spend a good amount of time and effort trying to get out of having to pay when ideally had they done that type of research BEFORE using services the issue wouldn't be an issue.
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  #12  
Old 11-27-2017, 08:56 AM
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Quote:
Originally Posted by Unregistered View Post
The service was provided in school. But the application specifically advised that they were not provide services unless the license was approved. How is it the fact that they were providing services illegally does not void the contract?

The parents paid the child care provider directly. Parents had no reason to question the legality of provider as one would think since the school had them as contractors were vetted.
If you were under the impression that the provider was operating legally and this is why you contracted under the provider then finding out that the provider was not in fact operating legally then it can in fact void the contract.

Voiding the contract means that you are not being held to the complete terms of the contract, like the termination procedures for example. If your contract says that you need to give a two week notice of termination and have to pay for the two weeks whether or not your child attended then you are not held responsible for honoring that clause if you decide to end care immediately due to the fact that you found out she wasn't operating legally. In this scenario you would not have to give a two week notice and you would not pay for the two weeks termination period.

If she has rendered care and is due the money then that falls under a different area however. You could argue your point to the provider but if she decides to take you to court in an attempt to collect the money due then you may or may not win your case. That depends on the judge. Some judges would take the stance that individuals are responsible for mitigating their own liabilities an damages and that payment for services rendered are still due because of the parent's failure to do a background check (which is not difficult to do in any state) while another judge may decide that because the provider was operating illegally without the parent's knowledge then the provider could not collect the balance owed.

Another factor to consider is whether or not your account became delinquent before you knew that the provider was operating illegally.

If you had a balance that was behind and then found out that the provider was operating illegally then it may count against you however if your account was up to date then you found out that she was operating illegally and you left her services immediately and she was attempting to collect money for your two week termination period then you would in all probability win.

If your account fell behind first then you found out she was operating illegally yet stayed for an extra week or two then left then you may still be liable to pay for those weeks because you knew she was operating illegally and chose not to immediately pull your child out from her care.

There are just too many variables to consider to give you a sure answer. Your best bet would be to contact an attorney and give them all of the honest details so that you can be counseled.
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  #13  
Old 11-27-2017, 09:12 AM
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I would double check the licensing regulations.

The numbers you are quoting sound like a home daycare license and School Age After Care programs on a public (or private) school campus have different regulations and requirements in my state.

Also to operate on the school campus the school would typically need proof of insurance (which requires proper licensing in most cases)

Regardless if your child was cared for you owe the money, then you can try to get it back either from the school (who I personally feel is responsible to ensure their programs after school are licensed) or from the provider herself.
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Old 11-27-2017, 10:20 AM
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Illegally charging? What does that mean it should be free because of a licensing issue?
I honestly not sure I follow how it is illegal and how the school is involved. If you owe money, pay it! If they are operating illegally take your child somewhere else and report to licensing.You do not get free childcare because you suspect the person isn't legal.
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