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Old 01-19-2018, 06:39 PM
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Unhappy Substitute Not Approved by Licensing

Hello! When I picked my children up this week, our provider was absent and her adult son was caring for the children. There was a note on the door saying that she had a doctor's appt and that her son would be there. It was the first time I had seen the note, but I very well may have missed it the day before.

I called the county agency in charge of licensing to check if he is an approved substitute (with a background check and other requirements) and he is not. The county said this is very concerning and is going to investigate it as a complaint.

For a variety of other reasons (our 4 and 2 y.o. children being punched and bitten by other children, learning swear words, etc), we had given our four weeks notice the prior Friday and had planned to pay all four weeks even though we were moving our children to new care after two weeks.

However, after this development, we decided to remove our children immediately. We don't feel that we should have to pay for the remaining 3 weeks if she is violating licensing requirements. Am I correct?

Thanks!
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Old 01-19-2018, 07:21 PM
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What does the contract/policies state about her using a substitute?
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Old 01-19-2018, 07:33 PM
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What does the contract/policies state about her using a substitute?
To be honest, I don't know. We misplaced our copy, have requested a new one, and she has not given us a copy yet.

I guess I'm wondering if she is found to be in violation of state statutes regarding supervision of children in a licensed home daycare (and we do have documentation/proof of that) whether we are correct in thinking that our contract with her for "licensed" care should be void?
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Old 01-19-2018, 08:00 PM
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Originally Posted by Unregistered View Post
To be honest, I don't know. We misplaced our copy, have requested a new one, and she has not given us a copy yet.

I guess I'm wondering if she is found to be in violation of state statutes regarding supervision of children in a licensed home daycare (and we do have documentation/proof of that) whether we are correct in thinking that our contract with her for "licensed" care should be void?
I donít think it would be void. Licensed homes and centers alike have inspections all the time and many times they will get written up for something relatively minor.. not having a cover on the garbage.. not having paper towels available etc. etc. They might get a violation and in more serious cases a fine but that doesnít change the fact that they provided a service and you agreed to pay for it. I would pay the 4 weeks you owe and move on as I donít think you would have much ground to stand on in not paying the monies owed. She could get a fine from licensing though.

That being said I would never leave my daycare kids alone with anyone approved or not without informing parents aside from a true emergency. Thatís just bad business on her part.
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Old Yesterday, 01:25 PM
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I have to mail in forms before having a sub. That doesn't mean that the forms have made it through the stack of paperwork on my licensor's desk and into my file before I have a sub though.....

So it's possible that this was legit.
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Old Yesterday, 09:45 PM
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Quote:
Originally Posted by Unregistered View Post
To be honest, I don't know. We misplaced our copy, have requested a new one, and she has not given us a copy yet.

I guess I'm wondering if she is found to be in violation of state statutes regarding supervision of children in a licensed home daycare (and we do have documentation/proof of that) whether we are correct in thinking that our contract with her for "licensed" care should be void?
I don't think so, because she's still licensed. She may have a violation but that doesn't cause her to be unlicensed.

I believe you'd have a more solid leg to stand on if her contract states something like "in my absence one of my substitutes, registered with the appropriate licensing agency, will fill in for me". Even then you're taking a risk by not paying because you did sign the contract too and are obligated to pay the remaining weeks ... two wrongs don't make a right kind of thing.
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