can my daycare contract be voided due to unsafe condidtions?

[hansenp]

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

My child has gotten head lice at daycare now, twice... we removed her from daycare, and now the daycare wants 2 weeks payment for leaving. The contract with the provider was signed for my older child who is now in school. my child who we have removed for the lice was not even born when the contract was signed...

 

[quincy]

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

My child has gotten head lice at daycare now, twice... we removed her from daycare, and now the daycare wants 2 weeks payment for leaving. The contract with the provider was signed for my older child who is now in school. my child who we have removed for the lice was not even born when the contract was signed...

You have a contract with the daycare provider, correct?

And you are saying that the head lice is the unsafe condition you want to use to breach the contract with the daycare provider?

Here is a link to the CDC with information on head lice that you might find interesting:

http://www.cdc.gov/parasites/lice/head/schools.html

 

[hansenp]

South Dakota

My child has gotten head lice at daycare now, twice... we removed her from daycare, and now the daycare wants 2 weeks payment for leaving. The contract with the provider was signed for my older child who is now in school. my child who we have removed for the lice was not even born when the contract was signed...[/QUOTE]


Yes, the lice is the reason I removed her, but she has also came home with a bruise under the eye and a scratch, caused by another kid there. I just cant understand paying 200 dollars extra for leaving when i removed her for the head lice. it is very hard to irradiate them and she has gotten them twice... also, only her mother signed the contract, not me. any ideas???

 

[Ohiogal]

South Dakota

My child has gotten head lice at daycare now, twice... we removed her from daycare, and now the daycare wants 2 weeks payment for leaving. The contract with the provider was signed for my older child who is now in school. my child who we have removed for the lice was not even born when the contract was signed...

Yes, the lice is the reason I removed her, but she has also came home with a bruise under the eye and a scratch, caused by another kid there. I just cant understand paying 200 dollars extra for leaving when i removed her for the head lice. it is very hard to irradiate them and she has gotten them twice... also, only her mother signed the contract, not me. any ideas???[/QUOTE]

Your child is never going to public school or going to be around any other children again, is she?

 

[hansenp]

Your child is never going to public school or going to be around any other children again, is she?[/QUOTE]


we are not going to isolate her from other kids, I just don't think the daycare provider was using due diligence when she knew other kids under her care had lice. she keeps all the kids coats, blankets, etc. piled on a bench by the door. and I don't think that I should have to pay extra fees for removing her from the situation. 200 dollars is a lot of money for our family, and I just want to know if her claim will hold up in small claims court or not...

 

[Proserpina]

Your child is never going to public school or going to be around any other children again, is she?

we are not going to isolate her from other kids, I just don't think the daycare provider was using due diligence when she knew other kids under her care had lice. she keeps all the kids coats, blankets, etc. piled on a bench by the door. and I don't think that I should have to pay extra fees for removing her from the situation. 200 dollars is a lot of money for our family, and I just want to know if her claim will hold up in small claims court or not...[/QUOTE]

Can it? Absolutely.

Will it? The crystal ball is out for calibration.

And be careful - your tendencies are showing.

 

[quincy]

we are not going to isolate her from other kids, I just don't think the daycare provider was using due diligence when she knew other kids under her care had lice. she keeps all the kids coats, blankets, etc. piled on a bench by the door. and I don't think that I should have to pay extra fees for removing her from the situation. 200 dollars is a lot of money for our family, and I just want to know if her claim will hold up in small claims court or not...

Whether you have a claim that will hold up against the daycare demands for $200 will be determined in large part by the contract you have with the daycare provider.

I agree that two hundred dollars is a lot of money for every family - but it is also a lot of money for a business like a daycare. That is why daycare providers have parents sign contracts - so kids are not withdrawn on a whim, leaving the daycare without necessary kids and funds to continue.

If you are relying on head lice as the unsafe condition that will allow you to break the contract, the facts on head lice will not support you in this.

If you are concerned about your child having head lice twice, however, and you believe it is because the kids' coats, blankets, and other personal possessions are piled on a bench by the door, a reasonable solution seems to me to be to address this with the daycare provider. Suggest that kids' belongings be kept separate and that the premises be sterilized.

NOT that this will prevent lice from spreading from kid to kid, though. Young kids tend to like to hug, or huddle, or wrestle with each other. It's what they do. Lice are often just an icky consequence of kids being kids.

 

[Zigner]

I feel that OP has no contract for this child that would require her to pay the 2 weeks. The only signed documentation was for a different child that no longer attends. Of course, the contract they did sign previously should be carefully reviewed to confirm that it doesn't apply in some way.