Licensed Daycare Changing Contract?

[special mom]

What is the name of your state (only U.S. law)? MD

I do not know if this is the place to post this, I'm not sure what it falls under.

My daycare provider and I have a contract for 5 days a week before and after care and as needed for full day when school is out for my special needs child. Nowhere in the original contract does it say while at work only.

I went on a compressed schedule after the contract was in place and asked her if we could change the contract at that time but she said no it was for 5 days a week. I said fine, and still take her for the every other Monday that I'm off. She is still dropped off and picked up at the same time.

It's been 2 months since the most recent contract signing, Jan 09. We had a snow day today and I took her to the daycare because I had made plans due to it being my lieu day. Daycare provider was upset I brought her and said, "she's my only one today." I told her I had an appointment and went. She called me later and told me she was closing at noon, come pick up my child. So I left the appt early and went and got her. Her reason for closing was her children wanted to go sledding.

Then when I got home and unpacked her lunch box I found a note that says,

" I have an ammendment to make in my contract. I am contracted to watch your children while you work. My job is to provide quality childcare to your child when you are unavailable to do so. Affected immediately, I will no longer be available to watch your child when/if you are not working. Before and after school is the ONLY exception. With that being said if your child attend care and I find out you are not working that is reason for immediate termination. Please sign and return."

Obviously I do not want my child in her care if she does not wish to have her there. I have made other arrangements for my child and my question is if I do not give 2 weeks notice am I liable. Our current contracts states I will give 2 weeks notice with pay. I know she has taken one other parent to court for the 2 weeks pay before. Does this ammendment negate the prior contract?

Thank you,

SMWhat is the name of your state (only U.S. law)?

 

[NotClueless]

For a contract to be valid, it must be:
Legal
communicated
measurable/quantifiable

You received an offer (watch your child for X dollars.) You accepted the offer for said child. It said for 5 days, correct? Were there hours specified, like from 7:30 am to 5:30 pm, etc.

She has now communicated to you that she wants to change the terms of the contract. You do not have to accept. If the contract say, give me two weeks notice, then, say "okay. I don't agree with this. Child will be here for the next two weeks for which I will pay you." Then get other child care.

 

[special mom]

For a contract to be valid, it must be:
Legal
communicated
measurable/quantifiable

You received an offer (watch your child for X dollars.) You accepted the offer for said child. It said for 5 days, correct? Were there hours specified, like from 7:30 am to 5:30 pm, etc.

She has now communicated to you that she wants to change the terms of the contract. You do not have to accept. If the contract say, give me two weeks notice, then, say "okay. I don't agree with this. Child will be here for the next two weeks for which I will pay you." Then get other child care.

The contract lists the times as 6:45-5p Monday through Friday although she insists pick up is 4:30 now. Any time I've ever left a daycare (only once)I've given two weeks notice, but I don't want my child where she is obviously not wanted, nor do I want to pay her for two weeks she isn't there. We already pay much more than all the other parents because of her special needs. Two weeks may not seem like much but I don't have an extra $700.00 laying around. Is there any way that this amendment negates the contract? Or am I just out of luck. My child is non-verbal and unable to communicate to me when she is mistreated. I get the feeling this is just to get me to take her elsewhere and I am uncomfortable taking her back there.

 

[justalayman]

the proposed amendment does not alter or void the existing contract. Simply do not sign it unless you want to.

Have you attempted to come to an agreement where you leave and she signs off (with an actual signature) on the 2 weeks notice? If not, I would simply take my child there every day available and if she refuses, use that to terminate the contract. It would provide a defense should she sue you.

 

[special mom]

Thank you. I will try to get her to sign off on the two weeks. I appreciate your answer.

 

[Ohiogal]

Do you receive Title XX funds for daycare assistance?

 

[special mom]

No, I recieve no funding for anything. Does that change things?

 

[Ohiogal]

No, I recieve no funding for anything. Does that change things?

IF you received funding, those rules require daycare ONLY to be used while you are working or at school (attending college classes or the like). That is why it matters whether or not you were receiving funding. But since you are not receiving funding then what everyone else said goes.

 

[special mom]

Oh, okay. I appreciate your answer.

 

[Silverplum]

Just popping in to wish you and your daughter the best, SM.

I don't blame you a bit for wanting her out of there, ASAP.

 

[special mom]

Just popping in to wish you and your daughter the best, SM.

I don't blame you a bit for wanting her out of there, ASAP.

Thanks SP,

You will always have a special place in my heart for all the help you have given us over the years

 

[Silverplum]

Thanks SP,

You will always have a special place in my heart for all the help you have given us over the years

That made me all misty-eyed! Thank you!

I didn't do much at all, and am not worthy of such praise: you're the mighty mom, taking excellent care of her daughter. I admire you. You do everything just right!

And you will just say, "But she's my daughter." And I will smile widely in agreement.

Take good care of yourself, too, SM.