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  1. #1

    Ministry Of Education Randomly Showing Up

    Hello providers,

    I hope everyone is well and enjoying the weekend. I am new to the world of daycare and wanted to get some advice as to how deal with the ministry of education showing up, what my rights are and what the legal requirements are for running a home daycare.

    In terms of the ministry I had a client who didn't give a four week notice as stated in the contract and wanted a full refund on the deposit without any notice as parent is suddenly moving out of town. Unfortunately I'm not in a financial position that whenever a parent backs out of a contract I am able to refund money and not have to stress about finding another child. Do providers normally refund parents if they don't give their proper notice and just use the contract as a scare tacit so parents give us a notice for our financial safety?

    Anyway, this parent is really upset with me and said now she feels i'm not a fit provider and wants to report me to the ministry of education. From my end I didn't do anything wrong so I'm not sure what story will be used. When the ministry arrives do I have to allow them to go through my house, if they ask for contact information for my daycare children currently enrolled do I need to provide that? The reason I ask is because I had a family who mentioned they don't want their info given to third parties. Legally what do I have to provided the ministry within the guide lines and are there any other documents I need to have on hand. Currently I just have my CPR and First Aid. Also is there any punishment set in place for parents who deliberately lie with false associations because they aren't happy with the business end of a daycare?

    Thank you so much and I look forward to your help

  2. #2
    Join Date
    Aug 2013
    153 Times in 132 Posts
    Whatever your contract says is what notice the parent must provide.
    My contract says the deposit will be forfeited if the required length of notice is not given.
    Just put everything in writing to this parent to cover your bases, and refer to the contact paragraph that quotes the withdrawal notice requirements, and then let them know that you won’t be returning the deposit.
    They can make up whatever story they want, just document everything in writing.
    If you are in Ontario, the ministry can pop by whenever they feel like it, and we are required to permit them access to the residence.
    Typically they just want to make sure you are following daycare ratios and will document kids names and birth dates. They also want to see your waivers signed by parents if you are running privately.
    Don’t panic, if you can prove everything with emails and your documents are in order.

  3. #3
    Thank you very much for your help Busy ECE mommy. When you say they want to see my waivers signed by parents what are you referring to ?

  4. #4
    Join Date
    Aug 2013
    153 Times in 132 Posts
    The waivers you had all your clients sign to verify that you are not licensed by the government of Ontario( if that is the case)

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  6. #5
    Euphoric !
    Join Date
    Jan 2015
    487 Times in 369 Posts
    Quote Originally Posted by littleredwagon View Post
    Hello providers,

    Do providers normally refund parents if they don't give their proper notice and just use the contract as a scare tacit so parents give us a notice for our financial safety?

    When the ministry arrives do I have to allow them to go through my house, if they ask for contact information for my daycare children currently enrolled do I need to provide that.

    Thank you so much and I look forward to your help
    Okay - first take a breath.

    Your contract with a client and your standard of care are two separate issues. It is not uncommon for a client to want their money back if they leave without notice. And it's not unusual for them to make a false claim to the Department, thinking that will scare you into giving them their money.

    So - No, I do not refund money if they leave without giving the proper notice and in fact, I will remind them that they owe me money, that I'm not financially responsible for them not following the contracted terms, and that if the balance is not settled by a firm date, I will be taking them to court, charging the debt, the filing costs and interest. I will remind them of the terms they signed and let them know a Judgement against them will affect their credit rating for up to 6 years after being settled, and I will attach a signed copy of their contract highlighting the areas I've mentioned.

    Yes - you do have to let the Department in. Why wouldn't you? And yes, you do have to give contact information for client's if it's asked for, however, you can express that one client has asked their information not be passed out and request that you get a chance to clear it with them first.

    When they come in, they aren't stupid. They know that some disgruntled clients call them to make trouble. Explain the situation, show any texts or e-mails that have been exchanged between you and the client and they will normally leave with the minimum amount of invasion.

    And sadly no, there are no penalties for a false declaration from a parent. They want people to raise concerns with them so wouldn't want to deter a genuine caller. And while you might be tempted to threaten them with legal action regarding defamation (written false claims) or slander (verbal false claims) be warned it's a really expensive litigation and even if you win, proving your damages is really hard unless you have a someone standing in court saying they refused your service based on the false statements these people make.

    My contacts require 4 weeks written notice. They are clear that fees are due regardless of attendance at all times for days reserving including the notice period. They state that interest on over due balances is charged at $10 per day too.

    Just make sure all communication going forward is in writing. Do not answer the phone to them. You cannot prove the content of a conversation.
    Last edited by Suzie_Homemaker; 10-01-2018 at 08:11 PM.

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  8. #6
    Join Date
    Sep 2016
    78 Times in 74 Posts
    Hi, I agree with Suzie_Homemaker, but also ministry representatives can come and visit any time (they have the rights to do so), if you deny obviously they can easily call the police and enforce a visit as "inmediate action taken to protect children if that is what they suspect" since the last occurrences in Ontario they're more or less obligated to take action.

    As you mentioned, you obviously do not have anything to fear if you're compliant with the regulations ex. Only two under two's and no more than five children or six if you're with an agency. And also having clear and signed that you're not licensed (you can send that through email to parents and as they answer keep it in the records for your back up ).

    I had ministry visitors (they were called because I have six kids in care but, people didn't know I was licensed through an agency to do so). It was easy I was very friendly let them in as they showed their id's. They counted heads I offered my profile for them to look. And practically they left with apologies and after I got a glowing letter which is posted in my board just to assure parents I'm compliant recognized by the Ministry of Education .

    It would also make go smooth the visit if you have all the childrens information handy ex. Ages or emergency contacts. I have a "clients profile "and I keep copies of their vac. Records and all inf. For each family.

    I do not think the Ministry has any rights to intervene if you and your clients have signed a contract in mutual agreement.

    They have and are busy with cases of caregivers not following the rules is what I know so far. Their priorities are to protect children that is the only reason they do those visits and obviously any suspicion of illegal circumstances.
    Last edited by Peacefulbird; 10-02-2018 at 02:23 PM.

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  10. #7
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