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Parents and Guardians Forum>Daycare Has Not Provided Policies
burningwiggum 10:36 AM 12-11-2018
My daycare provider has not provided me with her list of policies after my child has attended for 3 months. The only agreements we have seen are related to her hours and how much she charges/what we will pay. I've been asking to see policies for about a month and she says she still working on them. She has been licensed for 7 years.

Recently, she is trying to hold us to things that she says are policies that we have not seen nor agreed to. For example, she is closed for a 7 day vacation and we are still required to pay her. She just informed me of this last week after I inquired about her hours for Christmas.

Does anyone have experience with this? This seems so odd to me.
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daycarediva 11:17 AM 12-11-2018
Typically you agree on policies and have a copy before enrolling.

Do you have a contract? What (if anything) did you sign?

Are you sure she's licensed?

My state requires us to have specific policies and give them to parents upon enrollment. My handbook is fairly long and the parents have to initial each section.

How happy are you with her care?

I would just email/text/ask her. Ask her when she notified you of the policies and ask for a copy (before) you pay.
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Josiegirl 03:43 PM 12-11-2018
That is odd to me too. If she's been licensed for 7 years, she should have policies to give to the dcfs. When I first started out, 37 years ago, I had nothing like that but times have changed. It's pretty much a given nowadays to provide handbooks, contracts, etc., especially if she's stating PTO is in her policies. I can't see how she can enforce anything if you haven't signed anything or even seen the policies to agree to.
Have you checked with your state to see her license status or if there have been complaints against her?
It's just odd.
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burningwiggum 04:05 PM 12-11-2018
Originally Posted by Josiegirl:
That is odd to me too. If she's been licensed for 7 years, she should have policies to give to the dcfs. When I first started out, 37 years ago, I had nothing like that but times have changed. It's pretty much a given nowadays to provide handbooks, contracts, etc., especially if she's stating PTO is in her policies. I can't see how she can enforce anything if you haven't signed anything or even seen the policies to agree to.
Have you checked with your state to see her license status or if there have been complaints against her?
It's just odd.
Her license is still up to date and I haven't seen any complaints.

To me, at least from a business perspective, I'm not sure how it's possible she doesn't have policies. I've asked for them and she just doesn't have them to give to me.
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storybookending 07:48 PM 12-11-2018
I find it odd that she doesn’t have the policies to give. Does she just not have access to a printer or a computer maybe?
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Cat Herder 06:57 AM 12-12-2018
If her policies are not written down, agreed to and signed by you she cannot enforce them, legally.
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burningwiggum 03:37 PM 12-12-2018
Originally Posted by storybookending:
I find it odd that she doesn’t have the policies to give. Does she just not have access to a printer or a computer maybe?
This is actually a very reasonable explanation except when you factor in that it has been 3 months. She could easily go to a library to access a computer/printer if needed. Also, if the issue is she just doesn't have a computer/printer, I would think she would just tell me that but still be able to show me, somehow, her policies. The only other thing I could come up with is that no one has ever asked her for her policies before/questioned her actions.
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burningwiggum 04:03 PM 12-11-2018
Originally Posted by daycarediva:
Typically you agree on policies and have a copy before enrolling.

Do you have a contract? What (if anything) did you sign?

Are you sure she's licensed?

My state requires us to have specific policies and give them to parents upon enrollment. My handbook is fairly long and the parents have to initial each section.

How happy are you with her care?

I would just email/text/ask her. Ask her when she notified you of the policies and ask for a copy (before) you pay.
I do not have a contract. The items we signed were those things required for her licensing. I am in California. This included a statement on parent's rights, emergency contacts, who can pick her up. Things of that nature.

I have verified her license with the state website. It also shows inspections and the reports that are filed after those inspections showing the outcomes.

Fortunately, I'm happy with her care and she seems to genuinely care for and love my daughter which is nice.

I asked her for her policies last week. She wrote somethings on a piece of paper (seriously) and then said it was still in progress and she would get it to me by next Monday the 17th.
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Leigh 10:31 AM 12-13-2018
It isn't unheard of for a provider to not have written policies. I wouldn't let that bother me. I prefer to have them written and acknowledged to prevent situations such as yours. Of the providers in my city, more don't have written policies than do.

As far as the payment situation: it is pretty much standard practice for payment to be due regardless of attendance. My rates are set on what each spot needs to generate yearly. I don't work on hourly rates, but on yearly ones. If I were to "not charge" for vacation, I would charge a higher rate for days that I was open because I still need to hit my target for the year. The parents would pay the same yearly rate either way. By paying the same weekly payment on that yearly tuition, parents and I may budget for expenses and income.

Long story short: You'd probably pay the same whether through higher rates or "free" vacations.
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Cat Herder 10:40 AM 12-13-2018
Originally Posted by Leigh:
It isn't unheard of for a provider to not have written policies. I wouldn't let that bother me. I prefer to have them written and acknowledged to prevent situations such as yours. Of the providers in my city, more don't have written policies than do.
Licensed providers? IME, part of licensing was the requirement to have written policies.

I am unaware of any state that does not require it. I am sorry I misspoke if I am incorrect.

"N. Operation Plan – A detailed written plan submitted by the applicant that includes the facility’s policies and procedures, forms, emergency plans, etc." - My state requires this before we can even open. (a long list from A-R)
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nanglgrl 04:24 PM 12-13-2018
Im going to be the odd one out here. I used to have a huge handbook of policies that parents received and signed, Now I just have them online. We go over them during the interview and if an issue arises but most things can be handled at the door if they forget. For instance..the child has food and I say I don’t allow food. I expect that parents won’t bring them with food again. It has worked way better then having them sign a ton of papers. I suspect how I choose my clients has also been a big factor. Rarely do they ever question these things or even try to do things which, lets face it, should be common sense.
Since I don’t require a 2 week notice the only big thing in my policies were my closures and which ones are paid/unpaid. Those should also be in your contract. However, I post them in advance to remind parents and list if they’re paid or not. A parent could always decide they don’t want to pay but that would mean they’d have to find new daycare. That’s fine with me, if they can’t reapect the few paid days I take they arent a good fit.
I did once have a client that didn’t want to pay late pickup charges. I instructed her to find new daycare. Again, that information should also be in the contract.
If you’re provider doesn’t have anything listed in your contract relating to paid days off you don’t have to pay but expect that you might have to find new daycare. If you think what she’s asking for is extraordinary I would call around and inquire as to the norm and then have a conversation with your provider about what you’re willing to do and see if you can come to a agreement.
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Leigh 06:37 AM 12-17-2018
Originally Posted by Cat Herder:
Licensed providers? IME, part of licensing was the requirement to have written policies.

I am unaware of any state that does not require it. I am sorry I misspoke if I am incorrect.

"N. Operation Plan – A detailed written plan submitted by the applicant that includes the facility’s policies and procedures, forms, emergency plans, etc." - My state requires this before we can even open. (a long list from A-R)
Our state's licensing requires only that if we have written contracts or policies, that ALL parents receive the same policies. We don't have to provide a contract or policies. Last year's federal changes now require us to have emergency plans, etc., but not that we provide them to parents. What I am required to have is a medical form filled out, a registration card, and proof of vaccination.

That said, I can't imagine not wanting to have a signed contract and written policy. I do this to protect ME (legally with the contract, and from headache/stress with the policies). Mine is long, but worth it, because everyone understands what is expected of each other BEFORE starting care.

For the OP: If you don't want to pay for time away from daycare, it likely couldn't be enforced in court without a contract. If you wish to keep using the childcare, pay for the time away. If you're not willing to pay, find a new childcare situation. It is perfectly legal for your provider to require you to pay in order to keep using her services.
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storybookending 09:08 PM 12-20-2018
Hoping the OP returns with an update
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Tags:handbook, policies, professionalism, provider responsibility, training
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