Thursday, January 21, 2010

What are my rights as a parent at my child's in home daycare?

I pulled my son out of his in home daycare when I found out that his daycare provider was putting him on a ';big-boy'; swing. My son is 18 months old...WAY too young to be put on a big swing. She claimed that he kept saying, ';UP! UP!'; so she kept swinging him higher. My son's version of ';up'; is pick me up, as most kids his age too, I'm sure. If my son let go in the air, he could have come down %26amp; broken his neck, paralyzing himself or even worse, been killed. It was unacceptable behavior on her part! There have been a few other things as well that my husband and I were concerned about, but this put it over the edge. Anyway, I never took my son back to her since that day. I told her that I wasn't going to %26amp; now all of a sudden today I received a bill in the mail requesting two weeks of pay since she states that I signed something that I agreed to give her two weeks notice (which I did) %26amp; since I didn't give her notice, I owe her these 2 weeks. Help me! What are my rights?What are my rights as a parent at my child's in home daycare?
you had every right to pull your son from her care. you did have a contract with her to give her 2 weeks notice, but she also had a contract with you to keep our son safe. she put him in harms way, so no notice is fine. the other option is to contact daycare licencing to find out who is in the wrong here.What are my rights as a parent at my child's in home daycare?
Unfortunately, it's not what you know, it's what you can prove and if you signed a contract with her that;s all that matters. I know you;re upset, I would be too. My mother in law runs a home day care and I pulled my kids out for them not being taken care of.
You are not required to keep your child in her care if you feel he is in immediate danger...you dotn have to pay her......
Can I be so honest here? I know that you are just protecting your son because you love him and want the best for him. Aren't you just over reacting? You are the parent, so basically you have all the rights! The fault of that person who is with your son, never thought that putting him there would not be safe. Can you contact a lawyer and ask for an advise! Since you have signed a contract, it would be better if you seek an advise to a lawyer. You have two options here:





1. Pay whatever you owe that person or


2. Never pay and call a lawyer for his or her services.





It is your choice, so you will just have to decide. Don't ask it here because, they might give you a wrong suggestion which you will regret later.
So I'm kind of a court tv junkie and from what I've seen they have always sided with the parent if they have a reason to take the child out even if there is a contract. Make sure you pay her for the time she actually had your son though.
She is endangering your son so you have every right to take him out....as for paying she has the contract signed...read it closely...does it say she is going to provide a safe environment? if so she reniged on her side and is at fault...I am not sure it will stand up in court but I would tell her how if she causes a fuss you will contact other parents and post about the danger environment and other concerns you had.





Had you asked her to not put your son on the swing? and had you talked to her about the other concerns? if you did write down when and where you talked to her and write down what you said and her response. In case she tries to sue you for the money this will help in court.





I am glad you went with you gut feelings and took your son out. It is the best decision you can make. Gut feelings generally turn out to be right.
Let her know why you pulled him out and I wouldn't pay her that is child endangerment and get the state involved she maybe be endangering other children
A good friend fired a nanny for being a meth addict, among other things. Of course, she didn't fire the woman and then have her watch the kids for two weeks. She sent her packing on the spot.





Minnesota court said my friend was in the wrong, even though the judge was empathetic, and she had to pay the two weeks and unemployment and all that.
I don't know what contracts you signed, but a quick way to get her off your back is to tell her exactly why you pulled him out and that you will be more than willing to call CPS if she wants to pursue the matter further. The last thing she will want to deal with is a CPS investigation, so she will probably back down.
You signed the contract, you owe the two weeks fee.
This is why I would NEVER trust a in home day care! Unfortunatly you did sign a contract and you will have to pay for those two weeks due to the fact that she didnt actually harm him or do anything that couldnt be easy to fight in court I would just pay the B#$^%26amp; and chalk it up to a lesson learned. thankfully your son was not hurt!
I run a home day care and it's stated in my contract that if you terminate the contract you need to give a two weeks notice and still need to pay for two weeks. If it's in the contract you need to pay it.





You have to keep in mind that this is a business and that you are jipping this person of a paycheck. What you pay her is her paycheck. If you were given a two weeks notice from your boss you would get paid for those two weeks, right?





If you don't pay, the provider can and will take you to court where you'll lose and have to pay more fees than just the two weeks.





My suggestion is to make sure you always read the contract and understand it. Now pay the girl and bid her good-bye.





Oh and to comment on what someone said earlier:


EMOMMY SAID ';


I don't know what contracts you signed, but a quick way to get her off your back is to tell her exactly why you pulled him out and that you will be more than willing to call CPS if she wants to pursue the matter further. The last thing she will want to deal with is a CPS investigation, so she will probably back down. ';








Calling CPS is just going to make it worse. The provider will know you are the one that called b/c you are pissed at her. It will be ammunition for the provider. Especially if you threaten her with the ';I'll call CPS if you pursue this futher'; statement. This happened to me and in the end I was cleared of all accusations (which were false in the first place), and she looked like an ***. Besides all CPS will do is come to the house and see if there are is any sign of harm. Which most likely isn't if there are other parents that TRUST this person to watch their kids.

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