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Unregistered 07:45 AM 07-03-2015
I've had a few special needs children. Usually, I've notice the parents are in denial. Sometimes, the parents outright lie. I'm getting these children, but not aware of their situation. I recently got a little boy who is just out of control. I want to term. I'm not sure how to word it as the mother didn't tell me he was honest with me. I'm also wondering if I can tell potential families I'm not interested in taking in special needs children.
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nannyde 07:57 AM 07-03-2015
Originally Posted by Unregistered:
I've had a few special needs children. Usually, I've notice the parents are in denial. Sometimes, the parents outright lie. I'm getting these children, but not aware of their situation. I recently got a little boy who is just out of control. I want to term. I'm not sure how to word it as the mother didn't tell me he was honest with me. I'm also wondering if I can tell potential families I'm not interested in taking in special needs children.
You can't discriminate based on the child being special needs. It's to your advantage that the parents aren't disclosing special needs when it comes to terming. You can term based on behavior or whatever isn't working without fear of discriminating because as far as you know the child is not special needs. The problems are just at YOUR house not a problem with the kid. That's a good thing.

Just interview a few times before you enroll so you can assess the child. If you don't feel it's a good match tell them you are still interviewing and will let them know if they have been chosen within a month.
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Blackcat31 08:42 AM 07-03-2015
The only children protected under the ADA are those that have been diagnosed with a disability that qualifies under ADA definition.

If you suspect a child has a disability or special need and they have not been diagnosed and are presenting a behavior problem in your group, you can terminate them based on their behaviors. You aren't terming based on a disability or special need if the child wasn't or hasn't been diagnosed with one.

...otherwise, every parent/family could claim their child was discriminated against because of their special need or disability.
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MarinaVanessa 11:02 AM 07-03-2015
I agree with the above posts. I would take advantage of the fact that the parents either haven't disclosed that their child has a disability or that hasn't had their child tested yet and term on behavior.

I'm curious though (thinking out loud here) about what would happen if OP tried to term for behavior and the parent then disclosed that their child has been diagnosed with a disability. I'm wondering if the provider could still term or if the child is still protected because of the diagnosis. Could the provider then term for failure to communicate important information that would affect the care of her child? Technically parents aren't required to disclose medical information so I'm a little on the fence here.
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MommyMuffin 11:15 AM 07-03-2015
I have a special ed background but with severely disabled students. I'm not sure how I could manage them at my own home.

Also, I do have a child in my care who after accepting him the parents disclosed that his school thinks he needs to be evaluated for autism. I wish they would have told me before but I could tell they were hesitant in telling me at all.
He does have some troubling behavior. I may term in the next few months due to the hitting. The child is 6. I don't think it is fair to the others in my care to be hit everyday. But I am willing to work a little while longer to see if I can help him manage his behavior.

I don't know your training or background. I'm just trying to come up with some wording but my thought is this.

Regardless of a diagnosis...you have seen nothing on paper and it can only be clinically diagnosed by a physician/psychiatrist to be fact in the medical world.

Therefore, I would say: I am unable to provide the extra attention this child needs due to child displaying.......

It is disruptive to the others in the group as they learn and play. I need to make decisions that are best for the whole group.

Not sure if that is any help.
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spedmommy4 11:28 AM 07-03-2015
Originally Posted by MarinaVanessa:
I agree with the above posts. I would take advantage of the fact that the parents either haven't disclosed that their child has a disability or that hasn't had their child tested yet and term on behavior.

I'm curious though (thinking out loud here) about what would happen if OP tried to term for behavior and the parent then disclosed that their child has been diagnosed with a disability. I'm wondering if the provider could still term or if the child is still protected because of the diagnosis. Could the provider then term for failure to communicate important information that would affect the care of her child? Technically parents aren't required to disclose medical information so I'm a little on the fence here.
You can terminate for anything, as long as it has nothing to do with the child's disability. If the parent omitted information that is important for the person caring for their child, she has the right to terminate.

Full disclosure on my end, I have two kiddos with special needs. My son was a runner and his daycare needed to know that for his safety. It is hard to talk about but the ones caring for your kids need these details.
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LysesKids 01:21 PM 07-03-2015
Originally Posted by spedmommy4:
You can terminate for anything, as long as it has nothing to do with the child's disability. If the parent omitted information that is important for the person caring for their child, she has the right to terminate.

Full disclosure on my end, I have two kiddos with special needs. My son was a runner and his daycare needed to know that for his safety. It is hard to talk about but the ones caring for your kids need these details.
I have a clause in my contract & a policy covering termination of care if a parent knowingly refuses to disclose mental/physical issues (including omissions on any required health paperwork which my state requires for infants) or if they flat out lie about it - I take babies/toddlers that have issues, I just need to know about them from the get go.
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Controlled Chaos 01:32 PM 07-03-2015
Originally Posted by LysesKids:
I have a clause in my contract & a policy covering termination of care if a parent knowingly refuses to disclose mental/physical issues (including omissions on any required health paperwork which my state requires for infants) or if they flat out lie about it - I take babies/toddlers that have issues, I just need to know about them from the get go.
Yea, for me its not so much about not wanting kids with disabilities or certain diagnosis, it about wanting communication and honesty. I have a new dcb3 who I think is on the spectrum, he definitely has a speech delay and sensory issues. Parents disclosed he has been in speech therapy and I could identify during the interview the other issues (I assumed parents hadn't noticed or hadnt talked to a dr. yet), I was comfortable with having him in my care and today is his 5th day. I AM annoyed parents have now started mentioning his OT and his sensory issues, like they wanted to withhold info until I got attached? We had a big talk last night, that I am onboard for helping little dude, but I will not be lied to and a lack of open communication is cause for termination. I can't be a good provider to dcb if I don't know what's going on. It does make me feel for them, that they thought they had to withhold info in order to get him into a good program...it doesn't make sense, but they thought they had to.
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Unregistered 02:25 PM 07-03-2015
Originally Posted by LysesKids:
I have a clause in my contract & a policy covering termination of care if a parent knowingly refuses to disclose mental/physical issues (including omissions on any required health paperwork which my state requires for infants) or if they flat out lie about it - I take babies/toddlers that have issues, I just need to know about them from the get go.
How did you word this? You don't have to tell me word for word, but this is more my thing. My husband said I should just say if something isn't disclosed to me during enrollment, I have the right to term. My whole issue is can I do that legally if they turn around and claim they didn't know at said time (even if they did). As another poster said, I'm not just like "They have a speech delay, I don't want them here". This boy is effect other children in a negative way.
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LysesKids 03:50 PM 07-03-2015
Originally Posted by Unregistered:
How did you word this? You don't have to tell me word for word, but this is more my thing. My husband said I should just say if something isn't disclosed to me during enrollment, I have the right to term. My whole issue is can I do that legally if they turn around and claim they didn't know at said time (even if they did). As another poster said, I'm not just like "They have a speech delay, I don't want them here". This boy is effect other children in a negative way.
These are the paragraphs in my contract...

Safety/Indemnity: I agree that Exxx xxxx may take action, which Exxxx xxxx considers prudent to protect the safety of my child, and other children using child care services. This includes calling child welfare in cases of suspected neglect, abuse and abandonment. I further agree to Indemnify, defend and hold Exxxx xxxx and the childcare harmless from any and against all actions, claims or liabilities, including Attorney fees and court costs directly or indirectly caused by my child or me in the form of frivolous complaints or accusations, or any inaccuracies and/or omissions made by me in completing registration forms.


The other paragraph in my contract...

Health: My child is in good to excellent health and physical condition and has no medical, psychological, physical or mental conditions that have not been disclosed to (your daycare) on the registration form. I also understand that verification of immunizations, alternate schedule, or state exemption is required and I will provide a copy within 14 days of child's 1st attendance or care will be denied until furnished; payment will still be due when child is excluded from care for lack of written proof.

Termination policy (handbook)

TERMINATION OF CARE: In most cases the provider will give at least two weeks’ notice if she needs to cancel the contract. The childcare however has the right to terminate the contract at any time without notice, (sometimes immediately), if the client should breach the contract by failing to follow any of the policies in the contract or policy handbook. These circumstances include, but are not limited to:

•Failure to comply with the policies set forth in the contract or handbook.
•Failure to complete forms by required date. Putting false info on paperwork
•Disruptive, disrespectful or hurtful behavior by a child or client that persists.
•Intentionally and/or frequently bringing a sick child to child care.
•Non-payment of fees or persistently late payment; refusal to pay late pickup or any other fees
•Deliberate disrespect, damage or injury to the provider, other families, any property, furnishings or other belongings by a child, client or other person.
•Any behavior by a client that poses a possible risk to others such as, but not limited to, being under the influence of drugs/alcohol.
•Failure to bring a child for three days in a row without any communication.
•The inability to meet a child’s needs without additional staff, equipment and/or remodeling.

If some of it can be reworded to sound better I would love feedback from all..
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Tags:contract, contract - special needs, special needs, special needs children
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