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  #1  
Old 01-24-2012, 09:50 PM
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Exclamation Infant Got Hurt

My 8 month old son got hurt at his daycare on 3 separate occasions within a couple weeks.. The injuries resulted with multiple scars and some bruises on his head. All of these times I was not called or notified untill I went to pick him up. Needless to stay I did not give the daycare notice and withdrew my baby and his siblings from the daycare. I did sign a contract saying that I needed to give a one month notice for withdraw but under these circumstances I felt I needed to take them out. I felt that either they were not watching the baby or lying to me about what really happened or both. Also if they were not watching the baby who knows if they were monitoring the other kids. Now this daycare provider is threatening to sue me because I won't pay the month that I didn't give notice for withdrawing my kids. Is this a normal process for a parent who withdraws children due to injuries and possible neglect?
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Old 01-25-2012, 12:24 AM
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Welcome to the Daycare.com Forum! I've upgraded your status. You can post freely now.
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  #3  
Old 01-25-2012, 07:02 AM
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If you signed a contract that says you are obligated to give one month's notice, then yes, that is exactly what most daycare centers and private home daycare providers would do. I know I would.

If you really believe there was neglect, then I would pay the last month's fee and find other care for my children. After that I would file a complaint with whatever agency handles that in your state. Be prepared for an investigation that encompasses both the daycare facility and your family as well.
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Old 01-25-2012, 07:26 AM
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Totally agree with what MyAngels said. It's an unfortunate situation, and I'm sorry that you are going through this! However, regardless of the situation (and even though it really stinks) you signed a legally binding contract and will probably be obligated to uphold it.

I definitely agree that if you really think that there was neglect happening, that you should report it.
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Old 01-25-2012, 07:33 AM
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Take photos of the injuries. Type up a letter stating why you will not be returning, that you refuse to pay for last months care due to provider negligence, and send a certified copy, with copies of photos to the provider.

You may also want to notify child care licensing of the incidents.

If it is as bad as you say, the provider will not fight it. If it is as bad as you say, I wouldn't pay either.

Good luck.

(BTW, I am a provider)
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Old 01-25-2012, 07:55 AM
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Thankfully I've never experienced this. But, in my opinion, I think it would depend on the age and extent of the injuries. Kids who are jujst beginning to walk fall and bonk their head, it just happens. Rambunctious children run around, trip, fall, scrape their knees, etc. Would that mean the provider wasn't watching them? No! Things like that just happen to even the best providers!
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Old 01-25-2012, 08:03 AM
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Quote:
Originally Posted by Crystal View Post
Take photos of the injuries. Type up a letter stating why you will not be returning, that you refuse to pay for last months care due to provider negligence, and send a certified copy, with copies of photos to the provider.

You may also want to notify child care licensing of the incidents.

If it is as bad as you say, the provider will not fight it. If it is as bad as you say, I wouldn't pay either.

Good luck.

(BTW, I am a provider)
THIS!!!

....except the part about wanting to notify licensing....I think you absolutely NEED to report this situation immediately!
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Old 01-25-2012, 08:05 AM
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Yes, I should modify my original statement to clarify that if the injuries are SERIOUS, that's a whole different situation. Did you take pictures or take your child to the Dr.?
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Old 01-25-2012, 09:16 AM
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What were the injuries? If the injuries are serious cuts and major bruises- by all means report the daycare to licensing.

However- if the injuries are some minor scrapes and bruises- perhaps your 8 mo son is new to crawling, or maybe even new to starting to pull himself up on furniture? I have a new walker who comes home with a bruise on his head or a minor scrape about once a week- b/c he is a new walker who is a little clumsy (but oh so cute!). It's not that I'm not watching him properly- but babies who are learning to start moving around (via crawling, cruising or walking) tend to bump into things often. Perhaps it could be this?
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  #10  
Old 01-25-2012, 11:01 AM
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Pay her and then take her to court to recover the payment.
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  #11  
Old 01-25-2012, 11:28 AM
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What kind of injuries did your son have? At 8 months, babies are crawling and pulling themselves up on things- they are very wobbly! My own daughter fell at 8 months (when I say fell- She was sitting on the floor, leaning against the leg of the table, and hit her head on the leg of the table). Even though she was 2 inches away, she got a bump and bruise so badly I rushed her to the ER. That was MY child, and I was 1 foot away from her. I'm just saying that babies get a TON of bumps and bruises once they are mobile.

I had one little boy who I watched who was just accident prone- so much that he had a calcified knot on the top of his head. His parents warned me before I even started watching him, and I quickly learned what the meant. He literally tripped, fell, bumped, etc, at least 1 time a day, and i was always his head. All of his accidents that happened would only have been prevented if I put him in a bubbled room with no toys but plush stuffed animals- and even then he would trip on is own feet lol. Some kids just fall, and it is normal.

That being said, if you suspect suspicious activity then you need to pull you child or take action, always follow your mother's intuition, but be prepared to have to justify everything in a legal process, because a child abuse/neglect charge is very serious, and the process alone could ruin the provider's entire life, even if it is found that they didnt do anything neglectful. Again- I'm not saying you are over-reacting, it is hard to tell based on your description- do what you feel is right.
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  #12  
Old 01-25-2012, 11:29 AM
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What types of injuries are you talking about? I'm not excusing the provider since I don't know the situation but unless you want 1 on 1 care it is impossible for your provider to have her eyes glued on your kid at all times. Safe at all times doesn't mean that children wont get an ocassional bump/bruise. My own son got stitches on his eyebrow when he was learning to stand up and I was less than 2 feet away. There was nothing I could do to prevent it. Did you tell her after the first incidence that if your child had anything else happen you wanted to be called asap- even minor stuff? Some people can not be called at work unless their child needs to be picked up so maybe the provider thought you would prefer not to be called.

Either way you choose the provider and the contract, so I think you are responsible for paying her. Write s letter stating you do not feel obligated to pay and state the reasons, include the pmt and then take her to small claims to recover.
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  #13  
Old 01-25-2012, 01:23 PM
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She said: The injuries resulted with multiple scars and some bruises on his head and furthermore: All of these times I was not called or notified untill I went to pick him up

At 8 months old, assuming he is not walking, he should NOT have "multiple scars and some bruises on his head"

We all know that the provider cannot have her eyes on all of the kids all of the time, but the times that she needs to step away, an infant should not be left with older children.

I stand by what I said. I would not pay.
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Old 01-25-2012, 01:56 PM
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My opinion is that you should pay the fee, but then sue to get it back. Let the provider know that.

It shouldn't be a problem if the injuries are as severe as you say and you can PROVE it happened at day care.

Your problem is going to be proving it happened at day care. Hopefully you took photos right away.

Even so, it can be difficult.

In this case, it sounds like the parent is in the right, but not always so.

I once had a mother who would pick up her 2 year child and then drive very fast up my road, which is a private road with speed bumps. A police officer lives at the end of the road and told me he was tired of seeing her fly over the bumps and was ready to pull her over.

The mom came and picked up her happy, healthy child. He was grinning ear to ear when she arrived.

She called me when she got home screaming "What happened to my son?" She told me he started screaming on the way home and his tongue was injured badly.

I reminded her that he left happy and not a sign of blood (she told me it was bleeding badly)

She told me she was going to contact the authorities, sue me for abusing her son etc etc.

A letter came from her lawyer accusing me of neglect etc. It went on to say that for a payment of $5000 the mom would drop the law suit!!!!!!!!!!!!!

I called and told him to shove it where the sun doesn't shine and that I was positive her son bit his own tongue as she flew over the speed bumps....and that I had a law enforcement officer willing to testify that she regularly drove like a maniac. There was a long pause on the other end of the phone.

I never heard from them again. But this shows how one sided the story can be. I am sure that mother could have come on here and told how her son was badly injured while in care etc etc.

I am NOT calling you a liar. I'm just saying it can be hard to tell from one side of the story.

I would pay her and then contact a lawyer and move forward accordingly.
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Old 01-25-2012, 03:03 PM
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My son is not walking or crawling yet. One of the times he was in an infant chair and an older baby threw toys at him. The next time they claim a bottle fell on his head. The last time he got hurt he was in a infant bouncer/activity set and they said that he hit his head on it which caused 2 cuts on his forehead and bruising around it. BTW I did take pictures and went to the doctor the last time. The doctor said he would have had to hit his head pretty hard to get a cut and bruising like that on an infant bouncer. I have the same one at home and he has never hit his head on the toys to cause injury.
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Old 01-25-2012, 03:11 PM
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Quote:
Originally Posted by rtof4 View Post
My son is not walking or crawling yet. One of the times he was in an infant chair and an older baby threw toys at him. The next time they claim a bottle fell on his head. The last time he got hurt he was in a infant bouncer/activity set and they said that he hit his head on it which caused 2 cuts on his forehead and bruising around it. BTW I did take pictures and went to the doctor the last time. The doctor said he would have had to hit his head pretty hard to get a cut and bruising like that on an infant bouncer. I have the same one at home and he has never hit his head on the toys to cause injury.
First of all, if you are in Cali and your provider was using an exersaucer, that is a violation of license regs.

Secondly, if your child was seen by a doctor for injuries that occurred at child care, your provider is required, per licensing regs, to report an "unusual incident" within 72 hours.

What county are you in?
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Old 01-25-2012, 03:16 PM
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I live in IL. She gave me a incident report paper 2 days later.
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Old 01-25-2012, 03:23 PM
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I live in IL. She gave me a incident report paper 2 days later.
hmmm....your location says California, hence my reason for the info I posted.

Those are significant injuries. I would not pay, and I would call licensing.
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Old 01-25-2012, 03:43 PM
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Originally Posted by Crystal View Post
hmmm....your location says California, hence my reason for the info I posted.

Those are significant injuries. I would not pay, and I would call licensing.
Thanks for all of your advice. I don't know why it says CA when I have not done a profile yet.
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Old 01-25-2012, 03:46 PM
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You're welcome. Good luck
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  #21  
Old 01-25-2012, 04:43 PM
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Quote:
Originally Posted by rtof4 View Post
My son is not walking or crawling yet. One of the times he was in an infant chair and an older baby threw toys at him. The next time they claim a bottle fell on his head. The last time he got hurt he was in a infant bouncer/activity set and they said that he hit his head on it which caused 2 cuts on his forehead and bruising around it. BTW I did take pictures and went to the doctor the last time. The doctor said he would have had to hit his head pretty hard to get a cut and bruising like that on an infant bouncer. I have the same one at home and he has never hit his head on the toys to cause injury.
After reading this I would second Crystal's advice. A child of your baby's age should not have injuries like those, nor should he be left in a situation where older children (or anyone for that matter) would be able to throw things at or around him or drop things on his head .

From my POV as a parent, I would also be concerned that they have been keeping him confined and thereby delaying his crawling. I can't remember any baby I've had over the years who was not at least crawling by 8 months.

The Department of Children and Family Services is who you would contact in Illinois should you decide to pursue a complaint against this provider.
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Old 01-25-2012, 08:08 PM
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Quote:
Originally Posted by rtof4 View Post
My son is not walking or crawling yet. One of the times he was in an infant chair and an older baby threw toys at him. The next time they claim a bottle fell on his head. The last time he got hurt he was in a infant bouncer/activity set and they said that he hit his head on it which caused 2 cuts on his forehead and bruising around it. BTW I did take pictures and went to the doctor the last time. The doctor said he would have had to hit his head pretty hard to get a cut and bruising like that on an infant bouncer. I have the same one at home and he has never hit his head on the toys to cause injury.
wow, pull him out now. I'm sorry that happened to your ds. There is no way a child can hurt themselves so bad in those saucers that would result in cuts, he would have to also have wiplash from flinging himself around. And a bottle fell on his head, whos bottle, was it a glass bottle and why was it there.
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Old 01-25-2012, 10:13 PM
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Originally Posted by rtof4 View Post
My 8 month old son got hurt at his daycare on 3 separate occasions within a couple weeks.. The injuries resulted with multiple scars and some bruises on his head. All of these times I was not called or notified untill I went to pick him up. Needless to stay I did not give the daycare notice and withdrew my baby and his siblings from the daycare. I did sign a contract saying that I needed to give a one month notice for withdraw but under these circumstances I felt I needed to take them out. I felt that either they were not watching the baby or lying to me about what really happened or both. Also if they were not watching the baby who knows if they were monitoring the other kids. Now this daycare provider is threatening to sue me because I won't pay the month that I didn't give notice for withdrawing my kids. Is this a normal process for a parent who withdraws children due to injuries and possible neglect?
I agree with YOU withdrawing your children. Obviously something's not right. You are not required by any law (even with a contract) to keep your child in an unsafe situation. In fact, had you left them there, YOU could have been charged with abuse/neglect if something more serious happened, so you have definitely done the right thing. I'm so sorry you are going through this. I wouldn't pay this woman a dime and tell her to go right ahead and sue...that you WANT to take her to court. Also, due to the situation, I would also have contacted CPS and explained what was up. GL to you!

Lynn (Former DC provider)
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