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Parents and Guardians Forum>Allergies - Can Day Cares Refuse Care?
singasong 05:22 AM 09-24-2016
Hi All,
I recently went through a move and had called in a daycare about a month back looking for spots for my toddler. My spouse personally visited the facility and collected the enrollment packet. We did let them know that our daughter has some allergies (Cows milk, eggs, strawberries, pineapple) and pollen.
We were told a spot is available and we went ahead and enrolled her and started paying for her spot two week before she was to actually start.
When we visited the daycare again a day before she was to start (We moved almost half way across the country and could not visit earlier), we were told that they cannot have our daughter because she has cows milk allergy (because it is served all day, everyday). This was not the case at any of the previous daycares she attended and we were required to submit a note from the doctors office stating that they do not serve her food listed on the doctors note.
This daycare, however, is also requesting a signed consent from the doctors office saying that :
The doctor is aware of her allergies and is also aware that daycare is a group child care with a ratio of 5 toddlers to 1 teacher. That the doctor is aware the child may ingest some of the allergens and still continue to be safe! And that he is aware there will be no one on one care for my daughter especially during meal times.
I found this absurd and feel they are planning on covering up any negligence on their part and there is no doctor who would possibly sign this note! Please help! I can answer any other questions you may have for me.
I recently went through a move and had called in a daycare about a month back looking for spots for my toddler. My spouse personally visited the facility and collected the enrollment packet. We did let them know that our daughter has some allergies (Cows milk, eggs, strawberries, pineapple) and pollen.
We were told a spot is available and we went ahead and enrolled her and started paying for her spot two week before she was to actually start.
When we visited the daycare again a day before she was to start (We moved almost half way across the country and could not visit earlier), we were told that they cannot have our daughter because she has cows milk allergy (because it is served all day, everyday). This was not the case at any of the previous daycares she attended and we were required to submit a note from the doctors office stating that they do not serve her food listed on the doctors note.
This daycare, however, is also requesting a signed consent from the doctors office saying that :
The doctor is aware of her allergies and is also aware that daycare is a group child care with a ratio of 5 toddlers to 1 teacher. That the doctor is aware the child may ingest some of the allergens and still continue to be safe! And that he is aware there will be no one on one care for my daughter especially during meal times.
I found this absurd and feel they are planning on covering up any negligence on their part and there is no doctor who would possibly sign this note! Please help! I can answer any other questions you may have for me.
Mike 06:56 AM 09-24-2016
If they knew about the allergies, then took your money, then said they can't take her, they definitely owe you back that money. With or without the doctor note issue, they should have said they need that before taking your money. I doubt any doctor will sign a consent to waiver, so that might be their little trick to be able to say you voided the contract.
I would cancel, tell them you want the money back because they weren't upfront at the start, and look elsewhere. Is there anything on the contracts about the allergies? If the allergy acceptance then refusal is just word of mouth, you might be out your deposit, but I wouldn't leave my kid there for one day. I'd rather lose a deposit than my kid.
I would cancel, tell them you want the money back because they weren't upfront at the start, and look elsewhere. Is there anything on the contracts about the allergies? If the allergy acceptance then refusal is just word of mouth, you might be out your deposit, but I wouldn't leave my kid there for one day. I'd rather lose a deposit than my kid.
singasong 04:17 AM 09-26-2016
Yes, it was word of mouth communication. I ad called in and earlier and talked about the allergies. I am looking for other care.
I am in a really small tows where daycare providers arent many. The deposit was the last thing on my mind, my concern for my daughters safety is prime.
I just felt it was discrimination on the basis of a child having an allergy that is not under her control. It is unfair to say "We prefer kids without any allergies!" which is what they did.
I am in a really small tows where daycare providers arent many. The deposit was the last thing on my mind, my concern for my daughters safety is prime.
I just felt it was discrimination on the basis of a child having an allergy that is not under her control. It is unfair to say "We prefer kids without any allergies!" which is what they did.
Blackcat31 06:05 AM 09-26-2016
Originally Posted by singasong:
Yes, it was word of mouth communication. I ad called in and earlier and talked about the allergies. I am looking for other care.
I am in a really small tows where daycare providers arent many. The deposit was the last thing on my mind, my concern for my daughters safety is prime.
I just felt it was discrimination on the basis of a child having an allergy that is not under her control. It is unfair to say "We prefer kids without any allergies!" which is what they did.
Some allergies are covered under ADA rules/laws and cannot be used as a reason to deny enrollment and the laws on which ones are pretty specific so you could definitely check into that but honestly, I wouldn't want my child in the care of someone that really didn't want to provide services. Yes, it was word of mouth communication. I ad called in and earlier and talked about the allergies. I am looking for other care.
I am in a really small tows where daycare providers arent many. The deposit was the last thing on my mind, my concern for my daughters safety is prime.
I just felt it was discrimination on the basis of a child having an allergy that is not under her control. It is unfair to say "We prefer kids without any allergies!" which is what they did.
For allergies and food limitations/requirements that are not severe and/or life threatening or are simply a choice.....those are not covered under ADA laws and a provider can choose to not provide services at any time.
daycarediva 09:19 AM 09-26-2016
Originally Posted by Blackcat31:
Some allergies are covered under ADA rules/laws and cannot be used as a reason to deny enrollment and the laws on which ones are pretty specific so you could definitely check into that but honestly, I wouldn't want my child in the care of someone that really didn't want to provide services.
For allergies and food limitations/requirements that are not severe and/or life threatening or are simply a choice.....those are not covered under ADA laws and a provider can choose to not provide services at any time.
Some allergies are covered under ADA rules/laws and cannot be used as a reason to deny enrollment and the laws on which ones are pretty specific so you could definitely check into that but honestly, I wouldn't want my child in the care of someone that really didn't want to provide services.
For allergies and food limitations/requirements that are not severe and/or life threatening or are simply a choice.....those are not covered under ADA laws and a provider can choose to not provide services at any time.
I would request my deposit back, as they did not follow through with their end of the contract. I would be seeking care elsewhere.
I have two children in care with non life threatening allergies. Both use special colored cups, and even though one is young (new 2) she knows not to touch someone elses cup. It DOES require more supervision at meal times, but definitely not 1:1.
Does this center just allow kids access to milk all day every day? That isn't very healthy.
hwichlaz 08:08 PM 01-24-2017
In some states, like California, we're required by law to serve milk. If they participate in the federal food program they are also required to serve it. I'd bet that they didn't understand that it's a life threatening allergy when they enrolled her. I'll accept kids with life threatening allergies only if I don't have conflicting allergies in care or I can exclude the item from my environment. I have infants in care on milk based formula...these children spit up. They could spit up on a toy that I didn't notice, your child might pick it up etc. It's not something that it's possible for me to keep your child safe from. They should refund your deposit/fees.