I discovered today that my dcb (4.5) BROKE a toy on Wednesday. I thought it had just come apart and I set it aside to deal with later. Well today I looked at it and it turns out that it is broken. Probably unfixable--a plastic support piece snapped.

It's this: Playskool Peek n Play Discovery Dome



He was JUMPING on top of it and it broke. He ought to know better than to jump on things...he's been told often enough!

So now I'm really mad; I liked that toy and it was one of my son's favorite things...and we bought it for DD when she was a baby. Of course, it's not made any more and can you believe it?! Selling for like $200 on eBay!

So would you ask the parents to pay for the damages? And how much? I don't remember how much we bought it for...

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I'm guessing that because you bought it for your daughter and now your son is playing with it, and because it has been discontinued, that it is pretty old and not in brand new condition. You can't ask the family to pay for a whole new one. Just ask your insurance company how much they would give you if your car were a total loss. It wouldn't be the price of a brand new car,i can tell you that.

So if this toy is beyond repair, you could ask the family to pay part of the cost of a new one, but judging by what you wrote, it doesn't sound like the toy can no longer be played with. And really, is it worth possibly building up some resentment from this family for just a few bucks?

I would bring up the fact that the toy was broken so that between you and the parents, y'all can come up with a plan to help him better follow directions and obey the rules

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I'd have them pay for it. It may not have been intentional but it was definitely preventable, he was not using it in the way he should have, he's been warned before and he's old enough to know better.

I'd have them pay at least $100, no matter how much you actually paid for it, because that's half the price to replace it now.

And dcb would be excused from my breakable toys for a couple days. Some kids think if it's a toy there's no limit on how to play with it.

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Personally, I wouldn't. I see broken toys as the price of doing business. I don't put out anything in the day care area for the kids to play with that I don't want to risk being damaged. I can see where you might want to, though. Do you have anything in your contract that addresses broken toys?

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I would never ask a parent to pay for something their child broke while in my care. They have no ability to intervene while they are not there. I believe it is my job as a provider to prevent those types of things from happening, especially if I am well aware that the undesirable behavior is problematic for that child.

We have very little free play at my day home and are usually working in groups. I find doing things that way, broken toys and items are very rare.

As a parent, I would also not pay for something my child broke while in care when I was not there.

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I wouldn't ask the parents to pay for it. If I didn't want something to get broken and risk the children damaging something, I wouldn't offer it for them to play with.
The other day, one of my Leap Pads got broken when the child pulled apart the pen. I will not ask the parent to replace it as I took the risk. Sure I'm pissed about it, but I couldn't be one-on-one with her to guarantee she wouldn't be curious about how the pen worked. Heck, I didn't even think she would do such a thing, anyhow.

On the other hand, if a child willfully broke something in rage, I might consider having the parents reimburse me.

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I wouldn't ask the parents to pay.

I would call Playskool and ask if they have the replacement part. If not, I would try to repair it with super glue and duct tape.

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I hope I don't sound insensitive but there are some things that popped into my mind immediately.

You're responsible for watching the child and now allowing him to destroy things. If an accident happens then I don't see how the parent is liable. You are the adult who allowed him access to your childs toy. I would have separate toys for dck's and not allow them access to my own children's belongings. If you must because it allows you the luxury of earning income why being a stay at home mother; consider yourself lucky and replace the toy on your own if it is that important. Consider if it was a family heirloom vase he broke? Or a diamond ring? If it is something important then you don't allow access to it. If the child will have access under your watch then breaks it; I don't see how the parent can be responsible for it. Children destroy things, act out, have funky days. Discipline, yes. Asking for money? No.

If this is an issue isn't there some type of daycare insurance that covers things like this? I do feel badly that it was broken. I am sorry it costs so much to replace. But ultimately my feelings are not really on the fence with this one.

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http://www.ebeanstalk.com/product_de...Akw#97-035-031

found something similar...
if you are going to have them replace it, this is around $100, not as nice but kinda the same sorta toy

Ok, just checked and they are currently unavailable but ebay has a used one like yours for $90

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Because he didn't intentionally break the toy, I don't think you should ask the parents to pay.

It sounds like he played with it incorrectly, had an accident, and part of doing daycare is assuming the risk for normal wear and tear as well as sometimes, kids just being kids.

I WOULD ask for payment if the child DELIBERATELY broke the toy as a way to be defiant toward you. But those behavioral issues were never tolerated long enough to get to the point of a child deliberately breaking things, in my care.

Another thing: Consider this. In your contract, you should have a clause where you ask parents NOT to allow children to bring toys into the daycare. If the child should bring toys ANYWAY, you wouldn't assume the risk for the broken toy, right? Because if the toy was lost/taken by another kid/destroyed, it would be an accident. The same should go for the parent. Your toys are provided for the dc kids' use. If your toys disappear, get destroyed or taken by another child, parents should not have to assume responsibility for the toys either. It goes BOTH ways. The only incidents that I think SHOULD be payable are deliberate acts.

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no, I would not ask them to pay for it. Unfortunately broken toys come with the territory in this business and I find it is MY responsibility to make sure they are played with properly, not the parents since they are not here during that time.

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Thank you for the input. I wasn't thinking of asking for the reimbursement of another one NOW, that would be crazy! I'm not buying a new one. (Unless I find it at Once Upon a Child someday).

It was more the principle of the thing and I wrote the post in anger. *sigh* It was better than yelling at him (though we did have a very stern conversation about why we do. not. do. that.) since he's here today.

I was thinking for along the lines of what it *did* cost.

I didn't ever think that a heavy 4 year old would decide to jump on TOP of it while I was trying to get other kids out the door. Ordinarily I don't let them have stuff that might get broken--again, this one didn't occur to me.

It's a baby toy and it was actually in new condition. Used through two kids and a host of daycare kids and it was perfect...not a stain or a scratch or a tear. One of the poles supporting the top snapped though.

This is NOT the first toy this boy has broken through deliberate misuse and usually I don't mention it to his parents. This one...just takes the cake.

I do have a paragraph about deliberate breakage or breakage from misuse...so I'm backed up by the contract, but I doubt I'll actually ask for any compensation.

I'm just angry and sad.

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I don't blame you for being angry. If the item was in perfect shape it doesn't matter if it was a few years old - you could have sold it to OUAC or at a yard sale for a good price eventually. But unfortunately dc kids do take a toll on our homes and toys. I would for sure bring it up to the parents - if for no other reason than to let them know they need to have a firm discussion with the child about proper play. I would not ask for repayment but would want them to know. Sorry

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I know how frustrating this type of thing can be. My couch had a tiny tear at the seam but it was really not noticeable to anyone. One day last summer a sab was sitting on the floor by my couch when I noticed he had his finger in the tear and it was now huge. I just looked at him in disbelief and asked him if he realized that my couch was now irreparable. We had a discussion about valuing my home and furnishings as this wasn't the first thing be had ruined.) I didn't talk to his parents about it because his dcm acted irritated whenever I would try to discuss his behavior. I swear by the summers end I vowed I wouldn't take another sak. I don't know why some dck are so destructive and others just aren't. I have a few theories though....

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Wow, I am the extreme minority here!

I still would have them pay for some portion of it. If the child had been playing with it the correct way, or he had fallen on it, or it was wearing out and it broke...I wouldn't even mention it to the parents.

But there are no other variables here...it's broken because he decided to jump on it. It seems to be a pretty expensive toy, plus it had sentimental value.

I'm sorry Silver, that it happened. I'd be angry and sad too.

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I would not ask them to pay for it and I probably wouldn't even bring it up. I had a 5 year old DCB that left the water on in the bathroom and since my pipes were slightly clogged and draining slowly it flooded the entire bathroom and into the downstairs. I told the parents but feel like it only made them irritated with me, not feel bad or apologetic. The same boy broke my kitchen clock because he was horsing around being silly. He wasn't being bad, just silly and he's just so so big for his age and very clumsy. I didn't even mention it, but I was irked. That same day the same kid broke a mini ladle that the kids use to dig in the sandbox. Again, he wasn't being bad, he was just too strong and snapped it. I was irked but didn't mention it. It is just a reminder to me that I will never again take a giant 5 year old...

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I always charge for toys that that broken through misuse. He's 4.5 for goodness sake, he knows not to jump on top of a baby toy. I wouldn't charge "current market value" but I would charge for repair or a similar replacement.

DCB (5) took a flying leap off the top of a slide a few months ago and grabbed the clothesline on the way down. He pulled the whole thing out of house and broke the line itself. He didn't MEAN to destroy it but he did and he certainly knows that he shouldn't jump off a slide and try to swing from it. The way he ran and hid behind a bush indicated that much. Anyway, It cost nearly $50 to fix and DCM paid the bill with a red face and 10 apologies. She's was rightfully embarrassed her son acted like that. More parents should feel this way about children destroying things.

Normal wear and tear is the knob coming off something after several years, paint wearing, flimsy parts needing repair and other minor things not breaking toys through misuse. JMHO.

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My policy is that "normal wear and tear is expected. However if your child intentionally damages my property through destructive behavior or roughness, you will be responsible for 100% of the replacement costs. This will be due with your next scheduled payment. Failure to pay will result in immediate termination of care."

In 8 years, I've used this ONE time. We were playing with ride on toys in the front driveway, when a 4 yo dcboy decided to hang from the plant hanger off the front light pole. I immediately told him not to do that, and redirected him to the activity at hand. He made the decision *while I was looking right at him* to get one last "swing" in, and it snapped. You bet your butt I had his parents replace it. That's exactly why that policy is in place.

All that said, I have different toys for different ages and older kids have their toys and younger kids have theirs. And unless the item is sturdy/indestructible, the older kids can't play with the little kids stuff.

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We talked about this in a FCC class I took about record keeping, contracts, and policies this summer.

The next time you revise your contract (or for now on, with every new family imply this in the contract/policies) that "Broken objects: While we do know that accidents happen and toys do get worn and torn over time; toys, books, or any other daycare and/or home property (including broken windows and dented walls) that is broken with reasonable belief of purposeful intention, as the result of a tantrum, or broken from not following repeatitive instructions/warnings will be the responsibility of parents of the child to pay or replace. If said parent does not replace or pay for damaged property in reasonable amount of time, said family will be terminated from my program".

It is totally leagal (at least in CA) because you are running a business and those toys are for the children and most insurence policies don't cover broken toys and its also your own children's toys as well; which any parent would expect the parents of a child who broke their kids toy to pay to fix it or have it replace; broken toys in DC settings are also safety hazards. It also works for your home if a child has a fit and starts kicking your doors/walls or throws something at your window.

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Have you considered calling the manufacrturer to see if they can sell you a replacement part?

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Wait, I am confused...did you SEE him actually break it? Or are you assuming that he jumped on it to break it? I am asking because I am wondering if you know FOR SURE it was intentional. I had this same toy. A 4.5 year old should not be playing with it at all. If you left an older child (who is known to be destructive) unsupervised with a toy that is not his age level, then I am confused why a parent would be responsible for this? You know he breaks things so you really need to watch him like a hawk.

I know it is frustrating to have your nice items broken but in this case, I feel it wouldnt have broken if this child was being properly supervised.

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there is a difference between normal wear and tear and desctruction. I would absolutely mention it too the parents and see what they say.

I have a boy who is 4 and he has ripped apart a couple of rescue heros (they are made so sturdy that i have no idea) also he has broken a couple of cars. I did mention it to mom who mentioned that he's doing this at home. They did offere to replace them, not a big thing (I bought them second hand) but I wanted them to be aware that he's being desctructive, they fixed him, no more broken toys.

and anyone one who says that she should be watching him, is wrong, because things can happen in seconds, also I don't think she was expecting him to jump on the toy, I know I wouldn't be.

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I agree! Yes, children should be taught by their parents to behave within reasonable limits. But they're still young children who are curious, experimenting and lack impulse control. While this child should not have jumped on a baby toy, it does look like a solid structure. We, as adults, realize that flimsy poles and fabric won't support 40lbs but he may not have thought that out. If children could be trusted to make rational, thought-out decisions on their own, there would be no need for child care providers.

As a parent, I would be very reluctant to sign a contract that held me liable for things my child broke when I wasn't there. I'd feel like I was writing blank check as all the variables are in the provider's control (what toys are provided, how much supervision is given to the children while using them, the story of what happened, etc.) I realize most of you run your businesses with integrity and are only looking for a clause to protect yourselves but I'm sure there are some unscrupulous providers out there that would take advantage to get their older items replaced.

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Eh, I feel that if you (general you) are placing your child into care than it has to be with someone that you trust 100%. I have the policy and have never had any issue with parents signing off on it - they trust that I am supervising their child and ensuring toys are being used appropriately. They know I frequently rotate out toys that are not appropriate for the age groups in my care. They *trust* my ability and judgement. Now, if every week I was sending them a bill for broken toys, then yes, that would be a problem. But one time in eight years? I do agree that if I did not witness the incident, then I would not ask for replacement costs - but also I make sure there is little to no chance of that.

For me, if a parent were reluctant to sign off on that clause, that would be a red flag. This may mean their child has had issues with destructive behavior in other care situations.

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I saw him jump--I saw it come apart. I assumed that the pole had just come apart, I didn't look closely at the time because it was chaotic (someone else had just come to the door), so I scooped it up and tossed it in another room to deal with later. "later" was a couple of days.

I have two one year olds (one is mine), a 3.5, this 4.5, and my almost 5 year old. The toy was in the play room and the bigger kids were allowed to be *under* it, but not *on* it! It was a body-slam sort of jump, with his whole weight landing on the pole.

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During our initial licensing process our county licensor said we SHOULD have something in place to cover expenses when kids are being intentionally over the limit of allowable behavior. Or when something is unecessary.

He used the example of a kid climibing across the top of the monkey bars and the provider telling the SA child to get down. Kid continued, slipped through the bars, got stuck (apparantly a big boy) and had to have ems called to cut the bar and free said child. Safe playground, safe provider, old enough child should have known better. The provider was charged a TON for the "rescue" and parents said no way they would pay. Our licensor said it was really the kids fault but should have been covered 50/50 by both parties.

A nearby provider had a 5 yr old boy throw a toy into her TV and ruin it. Broke it into pieces. 5 yr old knows better. Made parents pay for it and used her intentional breakage policy to cover it. Parents were mad and did leave care but the provider did get money for the tv first.

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I always let the parents know. I've never asked them to replace them.

If I have a 4-year-old who suddenly decides it's a great idea to pick apart books throughout the day, then I will mention to the parents, "X is working really hard on using their hands to gently read the books. Please provide X with a shredding bin at home to work through the shredding desire." I also provide something to "destroy" that's safe here, too. Like, a bin full of paper I'm going to recycle. Shred away, baby.

I HAVE had children continue to attempt to climb our expensive cubbies and when I see Mom not monitoring the child or telling the child, "No sir" after I have then I will say, "X, please stop climbing the cubbies. I don't think Mom wants to pay $400 for new ones if they break." Mom is always sure to step up and tell them no after that.

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I still feel that the parents should not be billed for this. I am sure this toy is not appropriate for a 4.5 year old yet you gave these bigger kids access to it. I understand your side of the story....but I would also understand a parent refusing to pay for a toy that was broken partially because it was age inappropriate for their child. You took a risk allowing big kids to play under it, it gave the kids a comfort level to be around it, then one kid takes it too far and breaks it.....I still dont see how the parents are soley responsible for that. Thats just my opinion. If you insist on them paying for it, that is absolutely your right as a business owner. your house, your rules.

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Okay, look back through, I never said I did/would charge, I was asking for advice. I said, later that same day, that I probably wasn't going to charge. That would be at the bottom of post TWELVE and you're still nitpicking me on this.

I didn't ask for compensation, and in fact by pick-up I didn't even mention it to dcm because she came in looking like crap and had had an awful day at work--I decided not to add to the awfulness, because I wasn't going to ask her to do anything about it.

Now, can you PLEASE stop picking on me for asking a question? I asked for advice, read the advice, took the advice and have kind of moved on from this. Furthermore, I don't appreciate the automatic assumption that he wasn't being supervised.

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wow. sorry, I never meant for you to feel picked on and obviously you are taking this whole issue to heart......I never meant to make you feel bad. But you started the discussion and I was weighing in with my opinion. I will absolutely step out of the discussion because it is upsetting you at this point. It makes no difference to me what you decide and I am sure it is best for you to move on at this point, as you said. i know none of us needs more drama in our lives and it does no good to get worked up over something like this.

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I just felt like you were belaboring the point, and I already made my decision two days ago, that's all.

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I just saw the exact toy that got broke on craigslist for $20. I don't know if you would like a replacement, but here's the link, maybe you can get them to send it to you , but really, maybe they would?
http://louisville.craigslist.org/bab/3271641549.html

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lol, thanks! I am actually going to watch my own Craigslist and Once Upon a Child for it. Good to know they're out there though.

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