A Daycare Vent

[MemoryMakers2669]

OK, I have done daycare for 19 years now. I was a nanny for 16, going to others homes. Then two years ago I started out of my own home...after I had my second child.

First two years were great for the most part, had one PITA parent (always late, paid late, bounced checks, etc).

Well this school year, I got an older child, school age. I could write a book here on the things that happened in the three weeks I had this kid, but I will spare you the details. Lets just say it got scary fast and I had to terminate even faster. I gave them no notice, just couldn't allow him back into my home, around my kids! Some very serious stuff that happened and that was said that this child should have NO knowledge of at all!

I had only had the child one day last week. I get paid in advance. I sent them a refund for the other four days in that week.

Well, today I go into my bank account and see that they put a stop payment not only on last weeks check, but the week priors as well!

I am trying to see this from both sides! While the mother denied that she knows why her child would have done and said the things he did, she was SO laid back about it. I should add that at the age of 5, he is in counceling with a child pyschologist...family counceling that is, mom and dad too! I was lied to about his past childcare as well, that I found out later...but have no details of really to know why. He has been in the office at school already as well, at least a couple times.

First, do you feel they have a right to all that money back?? Considering of course I gave them no notice at all (had no choice IMO). I really would like to see their side of it, but just can't. I feel like I have been robbed really! $300, PLUS the fees my bank charged ME! PLUS the $32 I had to pay out to put a stop payment on the refund check I sent to them!!!


Thanks for letting me vent! Perhaps someone here has had this happen to them and can just make me feel better about it. I am just fuming over this crap! Oh, not to mention my car died today at the mall. Had to get a ride home, and God only knows what that will cost. And then I get home to my electric having been turned off for non payment. I have automatic withdraw on that, so have NO idea why that got screwed up (we have overdraft, the whole nine yards, no reason for this). After I paid the $903 to have it turned back on, I found out that I was screwed out of the paychecks!

 

[momrek06]

So are you saying you had NOT cashed any of the checks that the mom gave you...and found out today that she stopped payment on all of them totalling $300.00?

First of all you performed a service and you should be paid for it. So I would definitely find out from the mom why she stopped payment on the checks that you were OWED. Did you have a contract with the mom that you would give HER notice if YOU felt a child (her child) needed to be terminated?

I mean if you were to take her to small claims to get your $300.00 back...I would think to terminate the child from your care would have to be something pretty darn serious. Were you able to alert the mom to this behavior you could not tolerate at the day care? Or did you just TERMINATE him period?

And $32.00 for a stop payment, girl find another bank...most banks charge $10.00!!!


Sorry, OP, I don't think I was much help because I just asked you more questions. This can be a real tough subject to sort through. I have seen a few "Judge Judy" cases and Judy really questions both parties thoroughly looking for any and all loopholes before awarding any money and deciding the winner of the case.

 

[ktpool]

I don't know about the rest of it, I know they can't legally stop payment for services already rendered and agreed to as satisfactory (they brought him back).

I wonder about day care providors that encounter these troubled children. I know it is not your job to 'fix' them, but maybe it should be reported to DFS or whoever oversees this in your state? I have seen several post like this from other providors and I just wonder...I think I would worry about that kid for a long time and maybe even feel guilty about not trying to stop whatever is taking his childhood away.

Good luck with the financial part! It seems like this is one dysfuntional family.

 

[poohandwendy]

You should be paid for the days you performed the service, period.

Now, what is your recourse? Probably not much unless you want to take her to small claims court. Which is your perogative. But, it would be a hassle and probably costly. It's up to you.

Personally, I would probably just drop it. And in the future, always cash checks when you get them.

(sorry about the other issues, sometimes when it rains it pours)

 

[Kycha]

And $32.00 for a stop payment, girl find another bank...most banks charge $10.00!!!

Wow! $10 is almost free in these parts for a stop payment. Most banks around here charge $25 and up for a stop payment.

Sorry, OP, I don't think I was much help because I just asked you more questions. This can be a real tough subject to sort through. I have seen a few "Judge Judy" cases and Judy really questions both parties thoroughly looking for any and all loopholes before awarding any money and deciding the winner of the case.

This made me laugh because I totally thought "Judge Judy to the rescue"!! Seriously, the OP should look into small claims court. But as Kar suggests, make sure you have plenty of evidence to present.

 

[KerriSue]

WOW, what a nightmare.

I wish I had some comforting words of wisdom but Im at a loss. Its sounds like these parents are a little off and fighting for the money could be a lot of hastle plus emotional stress.

So to you and I hope all works out. Total bummer about the car. That sucks.

Good luck
Kerri

 

[tw1nsmom]

Are you a licensed daycare? In some states you don't have to be licensed if you have under a certain number of children. If you are a legal daycare, I'm pretty sure you're obligated to report any suspected abuse issues (mandated reporter).

When it comes to the money, especially if you didn't first report them, they may have a case that you're in breech of contract (was there a contract?). I could see a small claims court judge going either way. They could go your way because you provided a service and deserve to be paid for it. I could also see them going the other way. You were in breech of contract, the parents were financially inconvenienced (probably had to take time off to arrange other childcare), and if your allegations were true you would have reported them (I'm playing devils advocate here, guessing what a judge might say).

Now, I personally would have reported suspected abuse, but I also would have made them take him out of my house (as you did). Even though they should have paid you for services provided, it would have been worth it to me to lose the money and get that child away from my children.

 

[phorsenuf]

My first thought too was Judge Judy! LOL

She just had a daycare case yesterday and she was NOT happy with the mom at all. I'd think you would have a good case.
Of course, Judge Milian (sp?) might be a fun one too.

 

[lil mermaid]

I agree that you should be paid for the services already performed. I think that if it were me though, I would probably just let it go because trying to recoup that money could get very ugly and be more trouble than it's worth.

I am sorry that this happened to you, and I commend you for doing what you had to do to protect the other children.

 

[KelNottAt]

Sorry, but I'd just drop it. The sooner these people are out of your life, the better. You'd have to spend a lot of money, time and energy to recover the $300...all the while losing sleep and giving yourself one big headache.

Plus, they're obviously liars. Don't risk letting them file a false complaint about you that will jeopardize your license (assuming you have one).

 

[The Mystery Machine]

Considering the parents I would drop it as well. As Snoop Dog would say...."drop it like it's hot"...

Sounds like more trouble than it is worth.

 

[Disney Doll]

If you are a licensed daycare, I hope you reported your suspicions to the proper authorities, as you are a mandated reporter.

If you are not a licensed daycare, and just kind of "babysit" a few kids, then you're in a bit of a bind. On the one hand, you should get paid for services rendered. On the other hand, if you are "running a business" without all the proper legalities in place and you start raising a stink, it could come back to bite you on the butt. I am picturing the IRS, and so forth, and this mother reporting you for whatever.

I might consider it tuition in the "School of Life" and be glad I got the kid away from my other kids.

The other issue that's still troublesome to me is a kid who may be being abused, neglected, mistreated...whatever you feel the situation is, and not being helped. Can you do an anonymous report to DCF?

Note to self: Cash all checks immediately.

 

[CEDmom]

They should pay for the service they received. Do you require parents to sign a contract stating service can be terminated immediately? I also don't understand why it took so long for the early checks to clear. Don't you deposit them weekly?

 

[pkasbohm]

like the op my question is do you have a contract with this parent? If you do and want to persue it you could take them to small claims court and probably win.
I do daycare and while I have never had that done to me one of my friends have. She actually took her parent to small claims and she won. She never got the money though as I guess they don't enforce it?

As much as it burns me to say it I think if it were me I would just let it go as far as she is concerned but.....I would make sure that the rest of the home daycares are aware of this so they don't get burned by her too!

I don't know how large of a city you live in but if it is pretty small be prepared for some bad things said about you. She could possibly turn it around and make it sound like it is your fault.

 

[MemoryMakers2669]

Thanks for all the responses! No way to cut and paste them all, so I will just respond to a few things.

I am not licensed, I don't have to be in my state. I only care for two kids and licensing is for 6 kids and over, which I would never do. So, I just get the permit required, which is nothing but a peice of paper that I pay for.

As for the IRS, that has nothing at all to do with being licensed! I know many fully legal licensed providers that do not claim their incomes, get paid in cash, etc. I, however, do claim every cent I make, always have! Just that stupid honestly thing and all...plus wanting to actually show I have an income for credit reasons like buying homes and cars.

And here is how I get paid. In advance, weekly. My other daycare child though, his mother pays me monthly! So, she was due to pay me on Oct. 2nd. I had gotten the one check from the terminated parent on Sep. 25th and then again Oct. 2nd. I just held onto the Sep. 25th check a week, so I only had to go to the bank once! They obviously figured that out, so stopped payment on both checks.

As for the childs issues, I had talked to the mother on two other occasions about what had happened. When the third major thing happened, I had to take immediate action I felt and not let him back in my home. My concern is that the mother claims all of this started now, he had never done anything like this before. She wasn't concerned though and there is a lot about him and them that just doesn't add up at all! So, I know she is lying to me.

I think I will drop it, it isn't worth the headache, nor the worry of them going further and trying to turn this on me! I have enough witness' thankfully to back me in all of this, so in the long run I think I would come out on top, but it could be pretty ugly trying to get there.