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Old 06-10-2010, 06:13 PM
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Default Frustrated with Provider - Sick Days and TV

I terminated our daycare provider this afternoon and wanted to see if I could get any feedback on her contract violation and how others might proceed.

My 22mo had been in her care for about 9 weeks now and seems happy to be there. I say seems because lately she has been running to the door when I come and wanting to leave. She cries about 1/2 the time lately when I drop her off, but other times is off to play immediately. There was a 6 week period when she was very happy. However, I have been unhappy lately. The last three weeks the TV is on when I drop her off at 8:30am and when I pick her up at 3pm. I was told they only watched one movie on Fridays, but last week they watched two on Friday. Today when I picked her up early at noon it was on again. So I was already thinking this might not be the best spot for our daughter. Our daughter, who had never watched TV before, now runs to the TV at home and demands for it to be on.

I terminated the provider because she refuses to follow her contract. Her contract states that if she closes her center fees will be refunded. Any day she is open for more than 5 hours will count as a full day. She closed after 3.5 hours on Tuesday and then texted me on Wednesday that she was ill and couldn't take my daughter. I asked (in person) for a credit towards next week's payment and she responded that she would need to talk to her supervisor. She then called me and said that she would not provide a credit despite what her contract said because her supervisor said she didn't have to. I informed her that I would need to give our two weeks notice because I cannot be involved with someone who does not follow their own contracts. I said that she would hold me to my end of the contract and I expect her to follow her end. She just kept saying "my supervisor said she can see where you might ask for a refund but that I don't have to give you one."

What response would you have to a provider who does not follow their contract? She has in the past given me a credit for a day she was closed due to her family's illness. In general the contract was just the last straw. There is much more than TV and sick days at play here.

I would like to visit her supervisor tomorrow and ask her reasoning for supporting the provider in breaking the contract. I would also like to write a letter to the oversight office letting them know the contract was broken.

It might help to know that she is part of a group of providers licensed and supervised through a local agency.
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Old 06-11-2010, 10:06 AM
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gbcc gbcc is offline
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Is she a provider in a home? If so, I'm confused as to how she is a provider in her home yet has a supervisor? We work for our selfs
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Old 06-11-2010, 10:24 AM
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melskids melskids is offline
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i'm a bit confused as well. yes, we have licensors, people who come to checkup on us and do inspections, but really, we dont have to answer to them when it comes to the business end of it. my policies for running the business, collecting tuition and setting rates, and my contract are really none of her concern. licensors are there for health and safety regulations.
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Old 06-11-2010, 11:15 AM
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Carole's Daycare Carole's Daycare is offline
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It seems strange thet she has a "supervisor" She needs to abide by the contract- if she says she doesnt charge when she's closed for illness- she should stick to it. Otherwise she should change her contract to allow for use of her vacation days or something .As for the part day- If she's OPEN for 5+ hours only for full day rate. TV time issues occasionally vary. I generally allow 1/2 hr in the am during drop offs to keep things smooth- so kids arent crazy or underfoot during drop offs, 1/2 hr while I cook lunch, and 1/2 hr after cleanup for late families so I'm not picking toys up all night. Occasionally, like this week, (raining all week) I will put in a movie or ABC video or something I consider useful- I have used the Auto B Good series, or So you want to be a fireman etc or other theme matching DVD during specific themes. Typically thats more for the older kids. When we are able to go outside we will only have the 3 separate 1/2 hr video times- and we are outside and gardening and playing too much for TV. Rainy weeks sometimes call for a movie filler when the noise and chaos of pent up kids- including school agers- gets a bit much. I dont leave my TV on all day- but it is always on during drop off and often during pickup- the two times I dont want everybody underfoot or running around while I'm distracted at the door.
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Old 06-11-2010, 12:47 PM
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Default I'm confused...

Is this a home daycare or not? I'm a home daycare and I don't have a supervisor. I make my own policies and my own contract. All that licensing is involved in is the health and safety aspect. I'm confused about that part.

As far as the other stuff goes, without knowing what the policies are from the contract, it's hard to say if a refund is required or not.

Kids go through stages where they will run to the door at pick up time, and they may even be crying. Then at other times, they will cry when their parents come to pick them up! They are having fun and the parents arriving to pick them up puts a stop to whatever fun thing they were doing. Couldn't it just mean that your child missed you? It doesn't mean that your provider was not doing her job. My daughter used to cry at drop off time and then at pick up time, sometimes she would run to me and sometimes she would be mad that I was there to get her. At first, I thought that the tears meant that she was unhappy, but after talking to her provider about her morning tears, I realized that I was sticking around a little too long at drop off.
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Old 06-15-2010, 03:12 PM
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Crystal Crystal is offline
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Just as a provider can take you to small claims court for breech of contract, you can do the same.

I would not tolerate a provider who didn't follow the contract. And, I would INSIST on a refund.............
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Old 06-25-2010, 12:46 PM
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ConcernedMotherof2 ConcernedMotherof2 is offline
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Just to echo what Janet said about your daughter crying, kids do go through stages. Getting used to daycare (or even a new daycare) with a little one can be very difficult, even at the best daycare. Don't be surprised when your daughter goes through a similar stage at a new daycare--she may be too excited over everything new during the first week or so, then start running to you when you come to pick her up and crying when you drop her off (take that as a compliment and cherish it, btw, they outgrow that running to you the moment they see you all too soon).

As for the breach of contract--you shouldn't tolerate it anymore than she would. The contract is there for you as well as her. She composed it (I'm assuming), she should know very well what she's committed herself to.

For those asking about a "supervisor" for a home daycare--there are some cases (such as military family home daycares-FCC) where they do have a 'supervisor' of sorts. Yes, it's still their own business, but the guidelines are much more strict and they are protected, to a certain extent, by the FCC (family child care) programming office. The guidelines may vary from post to post, but it's been my experience that dealing with such homes can be a nightmare. (not all -- SOME)
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