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Parents and Guardians Forum>Refund Due To Unsafe Practices?
malenkiy 10:47 AM 10-15-2014
Our daycare (licensed center) called yesterday to request I bring more milk up for my 5-month-old son (I work from home), so I popped by around 3pm. He was sleeping when I got there, so I went to check on him in his crib. To my horror, I discover him not only sleeping on a Boppy, but with a blanket wrapped entirely around his face. All I could see was the top of his head. The daycare workers started apologizing profusely, making excuses about him being cold, etc. This is the second time I've had to speak with them about him sleeping with a blanket, though last time it wasn't this egregious. Needless to say, I brought him home with me and he is not going back. I spoke with the Assistant Director and requested a half month refund, and she said she'd "speak with accounting" to see if they're able to. Am I in the wrong for expecting a refund when the reason we're terminating is an unsafe, and quite against regulations, situation for which they are responsible? Is there any recourse if they blow off my requests for refund?
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Blackcat31 10:52 AM 10-15-2014
Personally, I would have requested one as well.

You also need contact your state's licensing agency as that is NOT okay and NOT something I would take lightly. We (providers) are having to suffer greater restrictions in regards to safe sleep because of facilities and providers who don't follow or take seriously the regulations that are in place.

That angers me.

If I were you, I would request in writing that you want a refund for any unused portion of tuition that you have paid.

I believe you DO have a right to that money because you cannot use the services.

What state are you in?

What does your child care contract explicitly say about refunds and termination?

Good for you for being a parent that is diligent in safe sleep practices!
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melilley 10:52 AM 10-15-2014
Sorry, I have no advice on the refund, but I would definitely call licensing in your state and report them! With all the training and literature about safe sleep practices, that should NOT be happening!
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Cat Herder 10:59 AM 10-15-2014
My bet would be the "checking with accounting" actually means "checking with legal department" as they know this is punishable by law. Giving the refund would equate to admission of guilt.

Call licensing, now, proceed with their assistance. In all honesty, the money would be my very last concern. The next child may very well die.

This is inexcusable.
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EntropyControlSpecialist 11:08 AM 10-15-2014
That is AWFUL and I am so glad you saw it and got your child out of there PLEASE file a complaint with your child care licensing department. If you need help finding their number I am sure someone on here could help you.
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Blackcat31 11:12 AM 10-15-2014
Originally Posted by EntropyControlSpecialist:
That is AWFUL and I am so glad you saw it and got your child out of there PLEASE file a complaint with your child care licensing department. If you need help finding their number I am sure someone on here could help you.
Here is the contact info for each state. Just click the state you are in and it will give contact info for the licensing or regulatory agency.

https://www.daycare.com/states.html
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Unregistered 12:38 PM 10-15-2014
Originally Posted by Cat Herder:
My bet would be the "checking with accounting" actually means "checking with legal department" as they know this is punishable by law. Giving the refund would equate to admission of guilt.

Call licensing, now, proceed with their assistance.<b> In all honesty, the money would be my very last concern. The next child may very well die.</b>

This is inexcusable.
Very much agreed. My stomach is still in knots. Given the timing and having to start new daycare early (we were switching daycares in the middle of Nov for other reasons), we're just out almost an extra grand if I can't get any money back.
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malenkiy 12:39 PM 10-15-2014
Originally Posted by Blackcat31:
Here is the contact info for each state. Just click the state you are in and it will give contact info for the licensing or regulatory agency.

https://www.daycare.com/states.html
Thank you! Report filed. Now to camp my happy butt in their front office tomorrow morning until we reach an understanding about the tuition money.


That was my reply above, btw. Apparently I suck at logging in. ETA: Apparently I also suck at html tags. Sigh.
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Thriftylady 12:48 PM 10-15-2014
You probably were just to angry at the time to do it, but I would have snapped a pic with my phone for proof to the director. May have made getting tuition back easier.
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malenkiy 12:53 PM 10-15-2014
Originally Posted by Thriftylady:
You probably were just to angry at the time to do it, but I would have snapped a pic with my phone for proof to the director. May have made getting tuition back easier.
I didn't even have my phone on me. Ugh. I left it in the car because I was just running in real quick. I do wish I would have now. I'll just hope that we can work something out, if for no other reason than they don't want me standing there during drop off time having a not-quiet conversation about why my baby had a blanket wrapped around his face.
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Cat Herder 12:58 PM 10-15-2014
Originally Posted by Unregistered:
Very much agreed. My stomach is still in knots. Given the timing and having to start new daycare early (we were switching daycares in the middle of Nov for other reasons), we're just out almost an extra grand if I can't get any money back.
Oh, no no... You are entitled to that money.

You may even be entitled to a civil suit. Licensing will tell you your options.

Sorry for the insinuation. I was just so angry to read that someone would do that when they clearly know better.

My own son died of SIDS in childcare at 5 months old. It hit too close to home for me.
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malenkiy 01:53 PM 10-15-2014
Originally Posted by Cat Herder:
Oh, no no... You are entitled to that money.

You may even be entitled to a civil suit. Licensing will tell you your options.

Sorry for the insinuation. I was just so angry to read that someone would do that when they clearly know better.

My own son died of SIDS in childcare at 5 months old. It hit too close to home for me.
I am so, so sorry. That makes my heart ache. Ultimately, whether we get our money back or not, I'm just thankful that I happened to be there to see this and have the options/flexibility to pull him and absorb the cost. I'm just so... WTF. WTAF.
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NightOwl 01:58 PM 10-15-2014
You are totally correct. I had an infant to die in my care 3 years ago. He was safely sleeping and it was SIDS. So if a safely sleeping baby can die from it, why in the world would they want to increase your baby's risk?? My bet is that he was crying and they did what they had to to console him.
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daycarediva 09:38 AM 10-16-2014
Originally Posted by Cat Herder:
My bet would be the "checking with accounting" actually means "checking with legal department" as they know this is punishable by law. Giving the refund would equate to admission of guilt.

Call licensing, now, proceed with their assistance. In all honesty, the money would be my very last concern. The next child may very well die.

This is inexcusable.


I think you're probably going to hit a brick wall regarding speaking to ANYONE, too. As soon as they know they've been caught, they WILL clam up.

Good for you for pulling without hesitation, regardless of cost.
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malenkiy 08:44 PM 10-16-2014
Originally Posted by daycarediva:


I think you're probably going to hit a brick wall regarding speaking to ANYONE, too. As soon as they know they've been caught, they WILL clam up.

Good for you for pulling without hesitation, regardless of cost.
I am very lucky in that I work from home and have the ability to keep him with me short term if need be. It ended up being serendipity that the new daycare he was going to start mid-Nov had a baby move out of state and could accept us now. I went back up there today and was told I'd have a check in the mail from their main location by the end of next week. I let them know that I hope this is the case, as I'd hate to have to bother our lawyer for a demand letter or follow up further with state licensing to investigate any recourse.

Thank you all for your help/confirmation that my expectations are appropriate.
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melilley 11:31 AM 10-17-2014
Originally Posted by malenkiy:
I am very lucky in that I work from home and have the ability to keep him with me short term if need be. It ended up being serendipity that the new daycare he was going to start mid-Nov had a baby move out of state and could accept us now. I went back up there today and was told I'd have a check in the mail from their main location by the end of next week. I let them know that I hope this is the case, as I'd hate to have to bother our lawyer for a demand letter or follow up further with state licensing to investigate any recourse.

Thank you all for your help/confirmation that my expectations are appropriate.
I'm glad that they aren't giving you any problems in getting your money back!
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TheGoodLife 08:35 AM 10-20-2014
Originally Posted by malenkiy:
I am very lucky in that I work from home and have the ability to keep him with me short term if need be. It ended up being serendipity that the new daycare he was going to start mid-Nov had a baby move out of state and could accept us now. I went back up there today and was told I'd have a check in the mail from their main location by the end of next week. I let them know that I hope this is the case, as I'd hate to have to bother our lawyer for a demand letter or follow up further with state licensing to investigate any recourse.

Thank you all for your help/confirmation that my expectations are appropriate.
Just read this- so glad you happened to stop by to witness how they had your son sleeping. That is so scary! I can't believe people who are trained in safe sleep practices and work in a center for a living would do something so dangerous I hope everything turns out good with the new center and curious if the original center ended up giving you your refund.
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malenkiy 09:12 PM 11-03-2014
Originally Posted by TheGoodLife:
Just read this- so glad you happened to stop by to witness how they had your son sleeping. That is so scary! I can't believe people who are trained in safe sleep practices and work in a center for a living would do something so dangerous I hope everything turns out good with the new center and curious if the original center ended up giving you your refund.
They did end up giving me a partial refund. October 14th was his last day, so I expected (and feel we deserve) a full half month refund. Turns out they calculated the 11 days he was there at some mystery "daily fee" (they don't provide daily service), so they sent a check about $50 short what a half month would be. Sigh. We like his new place so much better. And now I'm compulsively checking the state licensing site to see if their followup resulted in any citations. Thanks to all of you for your input! I appreciate it.
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daycarediva 09:54 AM 11-04-2014
Originally Posted by malenkiy:
They did end up giving me a partial refund. October 14th was his last day, so I expected (and feel we deserve) a full half month refund. Turns out they calculated the 11 days he was there at some mystery "daily fee" (they don't provide daily service), so they sent a check about $50 short what a half month would be. Sigh. We like his new place so much better. And now I'm compulsively checking the state licensing site to see if their followup resulted in any citations. Thanks to all of you for your input! I appreciate it.
I am glad you found good childcare for your little guy!
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Tags:bad childcare, illegal, unsafe
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