HELP!!! Immediate Termination of Dayhome Contract

[Jannie]

Hello Parents,

I am completely new to this forum, but am in a situation of which I could use some advice from other parents.

We recently enrolled our two children in a Day Home with childcare to begin the first of May. We interviewed in the provider's home with our children, signed a contract and paid a placement deposit to reserve their spots one week before the first of May (half a month's fee for each child = $800).

The dayhome provider terminated our contract after 2.5 days of my children being in this home. Immediate termination, no notice, that day was my children's last day. Immediate termination was based on my 4 year old son "physically abusing the other children, deliberately hurting the children with toys, pinching the other children, being aggressive and having no respect for the provider or their home."

That being said, and not wanting to be the 'My Children are Perfect' Mom, the judgements being made are totally out of character of the child I have spent the last 6 months at home with every day. I find it difficult after only 2.5 days for a childcare provider to make these harsh judgements on a 4 year old boy. Both my children have previously been in daycare and dayhome environments, and we have NEVER received feedback like this before.


NOW lies the problem...

Placement Deposit - $800.
Monthly Fees - $1600. ($800./per child)
Subtotal = $2400.
<Less> 3 days of childcare - $300.
Total Balance Owing= $2100.

What are my rights as a parent to receive this balance owing?
We desperately need this money to find another childcare provider. I currently am unable to work as a result of the immediate termination with no notice. Our contract states nothing of the returns of monies. It has been stated by the provider that she does not have the money, may need to take out a loan, wait until she has filled the 2 spots... but will get it to us in time. On your time frame? In the meantime, I am unable work and this completely effects my household income. How could $2400. be spent in one week?

Completely frustrated Mom
Please help!

[Lee-Bee]

It would depend on the wording of the contract but typically you would be entitled to receive the fees for unpaid care back but NOT the deposit or used days of care. The deposit was likely non-refundable and it compensation for the care provider holding a spot for your child and for loss of income while they try to fill the spaces that are now suddenly open again.

If you have paid the $800 deposit PLUS the monthly fees (for 2 children) you would be entitled to the receiving the monthly fees back (minus the days of care used).

Many children behave differently at home with mom than they do in a group setting, while it was only 2.5days and your child may have settled in with more time it is just not feasible for a day home provider to manage such behaviors of a 4yr old when they are responsible for numerous young children at once. Day home providers work alone they do not have an extra set of hands to be managing such behaviors. The majority of home providers would have to terminate, immediately for the safety of the group in this circumstance. Most would recommend that a child exhibiting such behaviors joins a daycare where there are multiple teachers on hand to help quickly extinguish such behaviors.

Best of luck.

[babydom]

Unfortunately it will come down to what you signed? What does the contract say? In some contracts money is not returned in others it is. So read your signed contract and see what it says. If nothing is said about non refundable money then demand ur money back and threaten small claims court. Hopefully that will scare her enough. Sounds like she took the money. Did two days then ditched the kids but planed to keep the money. Nothing u can do about the termination again if it's in the contract that she can terminate without notice for certain reasons. Your contract will be your best friend right now. Good luck!

[5 Little Monkeys]

Agree with the above ladies....read the contract and all the fine details. Hopefully your answer is in there!! If she has no mention of money in a termination situation than I would suggest doing what babydom has suggested as well.

In my dc, parents pay 2 weeks upfront and if termination occurs during that time, they receive no money back from that 2 weeks (I would likely tough it out and offer care until the last paid though unless it was an extreme situation)

[Suzie_Homemaker]

This not a day care issue. This is contract dispute.

Read your contract. If you still not feel that she is entitled to keep all fees, then you have two actions. You can ask her for refund and see if she's willing to give one or you can go to court and ask Judge to see what their view is.

My thought if she mentioned need for a loan, or to find replacement before giving refund, then sounds like she is considering returning part monies. We not know her personal situation, maybe she already spend it (debts, credit cards, taxes were just due for us who self-employed), maybe not. But not impossible it's been spent. Just because you feel you would not have spent it, not mean that true of her situation.

It possible that normally she entitled to keep the fees to compensate for lost income when searching for replacements and if she managed to do that fast, she might return some vs getting paid twice. i.e. if she replaced your children in a couple of weeks, then might refund the rest.

My contact say :

Termination of Contract
Immediate termination is available to the provider if ; A child’s behaviour threatens the physical or emotional well-being of anyone else in the day home, if a parent is verbally, physically abusive or threatening to any persons in the day home, for non-payment, for failure to disclose non-immunization or for “dosing and dropping” to hide symptoms of illness which would deem a child as needing 24 hour exclusion. In these circumstances a charge of 28 days (4 weeks) fees
in lieu of the written notice will be applied.
Termination by either party for any other reasons requires four weeks written notice. Fees are due regardless of attendance for the notice period. For those who have more than one child in my care, the notice period is six weeks.

This means I would be able to keep your deposit for holding a place, because did hold TWO places even if only for one week. Deposit are normally non-refundable. I would also be able to keep 4 weeks fees to compensate me for lost income while looking for someone new.

What you signed and agreed to might be different. We all self-employed so we all have different contract based on own policies. Just because morally we might agree with her or you, that not mean it's a legal standpoint.

[Jannie]

Thank you all for the feedback (: It has been very helpful and much appreciated.

Contract states the following...

'Withdrawals and termination of one month's written notice is required to withdraw your children from ____ Dayhome. Otherwise, the above mentioned placement deposit will not be returned. If termination notice has been given in writing, the placement deposit will be applied to the last month of childcare. If the safety or health of myself or the other children is at risk, I reserve the right to discontinue care of your children immediately.'

'If a parent for any reason decides to not have their children attend ____ Dayhome, or chooses to leave prior to the 30 days notice, this placement is non-refundable and will not be returned.'

The contract states nothing about the return of monies if the care provider terminates immediately.

Thoughts parents?

Thanks in advance

[Jannie]

Thank you Lee-Bee!
I'm thinking you are correct on the daycare environment. I appreciate the feedback (: From a Mother's perspective, I just assumed they would behave the same way they do at home. Jeez motherhood is challenging at times (:
Thanks again!

[Jannie]

Thank you

[Suzie_Homemaker]

Thank you all for the feedback (: It has been very helpful and much appreciated.

Contract states the following...

'Withdrawals and termination of one month's written notice is required to withdraw your children from ____ Dayhome. Otherwise, the above mentioned placement deposit will not be returned. If termination notice has been given in writing, the placement deposit will be applied to the last month of childcare. If the safety or health of myself or the other children is at risk, I reserve the right to discontinue care of your children immediately.'

'If a parent for any reason decides to not have their children attend ____ Dayhome, or chooses to leave prior to the 30 days notice, this placement is non-refundable and will not be returned.'

The contract states nothing about the return of monies if the care provider terminates immediately.

Thoughts parents?

Thanks in advance

My view is that you paid day care in advance but those fees were to cover one month's care which you did not get. Since contract does not clearly say you forfeit the fees, then she has no right to keep them. Now I read you post again, I think she also agree that she owes the money but she just not have it at the moment. That should not be your problem.

I would write letter telling her that you respect her choice to term, but she not entitled to keep fees and they must be returned immediately since service which fees are for, clearly not going to be provided. That not your problem if she spend the funds and should have considered this when she decided to terminate contract with no notice. That you expect all owed money returned by firm date or you will take her to court, and you will be seeking interest for the delay in return of the money plus any court related fees. Put in writing with clear deadlines, including a time.

I'm not sure if you would get these things but I think putting in writing clear expectation with deadline is good idea. Then if you not got what you wanted after deadline it not wishy-washy about what step you take next.

Maybe speak to a lawyer first. Sometimes they will speak to you over phone for general advice if not complicated issue. Even if you go in for 30 min appointment that $100 fee might be worth it based on what you owed. Since it say you would get deposit back if you had given proper notice, maybe you might get that back too since it seem refundable at times. I not sure though. Speak to lawyer.

All the terms you state are about if YOU cancel contract. But YOU didn't cancel care.

[babydom]

What I get from the contract is if u leave with out a mths notice ur money is lost. But if she terms nothing is said. So she can keep the deposit. But u are entitled to ur mthly fee back minus the three days u used.