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Daycare Center and Family Home Forum>Need Advice On My First Contract Termination
AcornMama 10:18 AM 12-19-2013
Last week (I think) I asked for advice on dealing with misbehavior from dcg. Now it looks like she won't be back.

Dcm has never returned to me the required medical report. Licensing rules say I must have it within 30 days of enrollment. I've reminded several times. She said it was coming. Dcg is out sick this week, supposed to be here today, but didn't show. Today is day 30 for the form deadline. Mom texts me about noon saying she is now sick and dcg will not be there. Yeah, I figured that part out.

I reply to mom that I'm sorry she's sick also, but unfortunately today is the deadline for the form, and that I need it by 5:30 today or I'll have to terminate our contract. Because legally, if licensing came and inspected my paperwork and I had a child enrolled for more than 30 days without that form, I'd be in trouble.

Anyway, I ask her to let me know what time she or someone else can drop off the form. She replies saying I should just terminate the contract.

I've written up a termination of contract notice that I will both email and send by mail. She prepaid tuition up front for several weeks, and has a balance of one week of tuition. She also paid a registration fee of two-weeks tuition, to pay for the last two weeks of care when proper notice is given. I do not intend to refund the registration fee. My contract clearly states that registration fees will not be refunded if contract is terminated due to failure to comply with policies.

So, my main question is, would it be best to send the one week of pre-paid tuition by certified mail, or would it be better to require her to come pick it up in person. She'll need to pick up her daughter's things some time anyway. I'm leaning toward sending the refund by certified mail so that I have a paper trail. Any thoughts?

I'm anticipating further discussion with dcm over the registration fee, but who knows.
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LaLa1923 10:21 AM 12-19-2013
Originally Posted by AcornMama:
Last week (I think) I asked for advice on dealing with misbehavior from dcg. Now it looks like she won't be back.

Dcm has never returned to me the required medical report. Licensing rules say I must have it within 30 days of enrollment. I've reminded several times. She said it was coming. Dcg is out sick this week, supposed to be here today, but didn't show. Today is day 30 for the form deadline. Mom texts me about noon saying she is now sick and dcg will not be there. Yeah, I figured that part out.

I reply to mom that I'm sorry she's sick also, but unfortunately today is the deadline for the form, and that I need it by 5:30 today or I'll have to terminate our contract. Because legally, if licensing came and inspected my paperwork and I had a child enrolled for more than 30 days without that form, I'd be in trouble.

Anyway, I ask her to let me know what time she or someone else can drop off the form. She replies saying I should just terminate the contract.

I've written up a termination of contract notice that I will both email and send by mail. She prepaid tuition up front for several weeks, and has a balance of one week of tuition. She also paid a registration fee of two-weeks tuition, to pay for the last two weeks of care when proper notice is given. I do not intend to refund the registration fee. My contract clearly states that registration fees will not be refunded if contract is terminated due to failure to comply with policies.

So, my main question is, would it be best to send the one week of pre-paid tuition by certified mail, or would it be better to require her to come pick it up in person. She'll need to pick up her daughter's things some time anyway. I'm leaning toward sending the refund by certified mail so that I have a paper trail. Any thoughts?

I'm anticipating further discussion with dcm over the registration fee, but who knows.

I'd either send it by certified mail or print out a form acknowledging the exchange and both of you sign it.
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nanglgrl 10:46 AM 12-19-2013
I would have her get in person and have her sign a receipt for it and I would write on the receipt what it's for. If you send it by mail make sure to write a check for it so you have proof of what you sent.
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cheerfuldom 11:12 AM 12-19-2013
Have her get both in person. Give her a deadline to get both items (I would put one week from the date of the termination letter) or the items and refund are forfeited. I would send the term letter by certified mail with delivery confirmation. I find it very curious that mom would not do the medical form but still pay in advance and then lose her spot when confronted....makes me think that there is something she does not want you to see, medical-wise.

Dont forget to have her sign that she received personal belongings (itemize it) and refund of X amount.
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AcornMama 11:54 AM 12-19-2013
Originally Posted by cheerfuldom:
Have her get both in person. Give her a deadline to get both items (I would put one week from the date of the termination letter) or the items and refund are forfeited. I would send the term letter by certified mail with delivery confirmation. I find it very curious that mom would not do the medical form but still pay in advance and then lose her spot when confronted....makes me think that there is something she does not want you to see, medical-wise.

Dont forget to have her sign that she received personal belongings (itemize it) and refund of X amount.
I don't think she's hiding something, I just think she didn't think I'd stand by my policies. Attendance, drop-offs, and pick-ups were never consistent, and there were other minor policy issues. Mom rushed to interview and enroll the next day. I'm not even sure she thoroughly read my handbook and contract. I think mom has a lot to juggle, maybe isn't juggling it well, and really thought I'd be more casual about it. Hopefully they can find something or someone that will be a better fit for them.

And lesson learned for me about clients that want to rush the interview and enrollment.
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melilley 12:02 PM 12-19-2013
Originally Posted by AcornMama:
I don't think she's hiding something, I just think she didn't think I'd stand by my policies. Attendance, drop-offs, and pick-ups were never consistent, and there were other minor policy issues. Mom rushed to interview and enroll the next day. I'm not even sure she thoroughly read my handbook and contract. I think mom has a lot to juggle, maybe isn't juggling it well, and really thought I'd be more casual about it. Hopefully they can find something or someone that will be a better fit for them.

And lesson learned for me about clients that want to rush the interview and enrollment.
I have a mom who took forever to give me her sons vaccine record. I had to remind her over and over and over. She finally got it to me and claimed that she was so sorry, that she's been busy. It seems that she is so busy for everything.

Well then to my embarrassment, I find out that we don't have to have the actual record, just a statement saying that they have had or are getting their vaccinations....oops She still took forever getting the record to me...
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AcornMama 02:22 PM 12-19-2013
Originally Posted by melilley:
I have a mom who took forever to give me her sons vaccine record. I had to remind her over and over and over. She finally got it to me and claimed that she was so sorry, that she's been busy. It seems that she is so busy for everything.

Well then to my embarrassment, I find out that we don't have to have the actual record, just a statement saying that they have had or are getting their vaccinations....oops She still took forever getting the record to me...
I double checked my handbook from the state to make sure I was thinking through this correctly, and I have to have this within 30 days.

It feels like a silly reason to terminate a contract, but if my licensor stopped by to inspect my paperwork, and saw that I'd enrolled a child more than 30 days ago and didn't have the completed form, then I'd be in trouble. I don't have any reason to expect a visit any time soon, but they have the authority to stop in at any time.

It's probably for the best. I'm a stickler for rules and order and punctuality and such. I think this family would be happier with someone more flexible.
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