I need some advice. My 8 mos old son started a new home daycare in February. The agreement was to pay every Friday for the following weeks child care services and that there would be a 2 week trial. My son went on Tue/Thu the 21st & 23rd and then again on the 28th & Mar 1st. Last Thu (1st) she told me she was very unhappy that "he was not napping on her set napping scheduled which was outlined in the Parent Handbook", but would be willing to extend the trial period 1 more week. Then last night (Sun) I received an email from her stating she would no longer be able to take my son because 1 of her other client's needed full time and therefore this Thu (8th) would be his last day. When I expressed how shocked I was at the short notice and said that it would be best that he didn't come back at all, she said in the contract it said that during the 2wk trial either party could terminate the agreement without any notice. When I then said I wanted a full refund of the money I paid for her to care for him for this week, she told me she would not refund the money because I was choosing that he not go back. Does this seem right? Has anyone run into this before? Can I put in a complaint somewhere about how she runs her business?

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The provider extended the trial period for one week longer so she is essentially saying that you are still in the trial period and that either party DOES have a right to terminate without having to do the two week notice.

So you paid for this "extra" week of the trial period already and now are not wanting to use it?

I guess, I am thinking that you are the one who is choosing to not use the last week she offered so I can see where she is coming from by not wanting to refund the money.

I guess if it were me, I would have given you the money back and wished you luck. However, the way she is viewing it is you are scheduled and she is available to provide the care but YOU are choosing not to use it and that is why she is not wanting to refund the money.

I know that probabaly doesn't help much but if I were you I would use the time you already paid for since that way neither of you are out any money.

I think it would have been better business practice for her to refund the money but it doesn't really seem like there really is one right answer to this.

Sorry you are in this situation....

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What does the contract say about what happens to prepaid fees during the trial period if care is terminated?

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In my opinion, if she extended the trial period and you were the one who chose not to return, then she does not owe you the money, as you were the one who made the choice to stop using her service immediately. If she was the one who terminated the trial period effective immediately, she would owe you that money, since she cancelled, but from my understanding, you were the one who stopped the service. In my handbook, if I am open for business and we have an agreement for a parent to use my service, the funds are owed, regardless of whether or not the child is present.

That being said, I agree that it is a good business practice to return the money to you. I wouldn't want any harsh feelings out there about me or my business, but that's just me. Who knows- she may have already spent the money and it would cause her a big hardship to try to find some money to return to you.

I too am sorry you are in this situation. I wish you luck in finding someone who will be able to meet the needs of you and your child

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Thanks for your responses. I truly value the unbias opinions!
I think what's really bothering me is that I feel she just doesn't want my son there because he's not adhering to her schedule, after only 4 visits. And I don't believe only giving 1 week for notice is adequate or professional. I live in a place where child care is scarce and it took me weeks just to find her.

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You are right that it was a bit unprofessional of her to term just because your son doesn't fit into her daily schedule. I think that those kinds of things can be eliminated though through really good interviewing skills on BOTH the parent's and the providers ends.

I am sorry you live in an area with limited child care choices but maybe you can chalk this experience up to a learning experience and go from there.

Next time you interview a provider, you can make sure that you discuss the "what ifs" with her and make sure you know how she helps (if at all) kids transistion into the daily schedule.

I wish I had better answers or more advice for you. What state/area are you located? Perhaps there is a member on this forum that lives in your area and has open spaces or knows someone who they could refer you too.

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I agree with what the others here said. I can totally understand you're not taking your child back, though. I would not take a baby back to someone if I felt there was any "ill will", which is the vibe I would get. As a provider, I would have refunded. As a parent, I would just eat the $.

BTW-is this a licensed or regulated provider? If that is the case, many states (like ours) require that infants be allowed to eat and sleep on their OWN schedule. Now, that doesn't mean a provider can't gently coax an older infant into the group schedule, but we cannot IMPOSE a tight schedule on a baby. You might want to check you state's rules on that.

It sounds like your baby was attending part time. I will tell you that offering part time infant care is something few providers do, because the little ones just never get into the groove of the group routine.

I hope you find an AWESOME new provider! If you have questions on what to ask, please feel free to ask us. There are a lot of providers on this board, and we would be happy to give you some advice or tips!

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This. I don't think that should be the case just for licensed or regulated providers either. I'm not licensed, but I would never try to enforce a schedule on an infant, especially if they're new and not used to the routine!

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I agree. Getting an 8 month on a specific schedule after only 4 days, part time, is very unrealistic.

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Reading between the lines tells me that this provider just used the napping thing as an excuse to simply give the child the boot so she could take a full timer.

She was perfectly willing to work with the mother and only verbally complained about the naptime adjustment issue. However, as soon as another child needed the full time space, she went back on her word. NOT professional in my opinion.

I fully understand taking full time clients over part time clients but I offer the FT space to the child using it PT first before I term.

I would also have refunded the money simply as a way of saying sorry things didn't work out. I would have felt bad about the situation as a whole.

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