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Breech of contract, license child care home

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Dnay

Junior Member
What is the name of your state?What is the name of your state? Colorado
I had my son going to a licensed childcare home for about two years until recent (July 25th 2005) this childcare provider has you pay a deposit of two weeks tuition when you first start and then has you pay a week in advance for childcare. Well at one point I had lost my job and so she used that deposit and still took care of my son till I found another job which was not to long yet after I started my new job I repaid her the deposit ($250.00) and paid her the regular one week tuition every Friday or earlier. Recent in July my son started having problems with one of the other girls that was going there for childcare. One week I went to pick up my son and the child care provider told me that my son was down stairs and she herd some noise so she went down stairs to check on it and came to find my son choking this little girl, when she asked why the little girls admitted to putting him in a corner and pinched him all over so my son retaliated. A couple weeks later that same girl and him were playing and she had wrapped some kind of rope around my sons neck which I did not find out about till I arrived at her home shortly after that I started to look into other child care and then came to notice that my current child care provider had a vacation coming up again, yet this time it was for a week (5 days) and she was asking that I pay here for that time and then also contract other child care for when she was on vacation. At this time I was upset and so I called her July 25th 2005 and had to leave her a message and some time later about 3:30 pm she called me and we were talking about her vacation and how It would be hard for me to pay here tuition and then have to pay another child care provider tuition. As per her contract it states that I being the child’s mother I can terminate as long as I give her a written (30) thirty day notice come the end of the week Friday, which I was going to do since I was giving her a verbal notice that day. She turned around all upset to that fact and told me she was terminating me that day which per her contract it states that she can only terminate when a child is causing harm to her and other clients or to her home, or when the client is in violation of the contract which is by repeated contract violations which I have never been nor was told if and when I was. By her doing this she is able to keep my deposit that was paid to her and the pre-paid week of tuition for that week from July 25th to July 29th. I felt that what she did was truly unfair so I took it to the Better Business Bureau and they were unable to resolve our issue and after reading her statements a lot of what she said was false information and stated to her benefit with out stating if or when I was in violation to her contract. With all this being said I did make a claim to child services as to the incident with my son and the other child since my son had a slight cut around his neck, which that is still in progress at this time. Also to note I have a witness to the scar on his neck and to the phone call that I had with the child care provider and this witness is willing to make a statement for me on both incidents. I am needing some legal advice as to if I do have a case and all I can and can not do since I know of other clients which I don’t have there contact information yet I know they would come forward as to her violation of her own contract and her lack of supervision. If any one could help or even see if I have a chance and if there is a lawyer that can help me I would really appreciate it. PLEASE HELP!!!!!! :confused:
 


seniorjudge

Senior Member
Take this person to small claims court for the dollar amount of damages you believe you suffered as a result of this person's actions.
 

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