To Pay In-home Daycare with Contract

I would never sign a contract with any daycare that says I must leave my child there for a certain length of time, just in case you are unhappy with them or something happens like them wanting paid when they go on vacation.

Please report her to DHS (Department of Human Services) or the board where she obtained her license (assuming she has one). They need to stop her from doing this to other children and parents.

http://www.daycare.com/minnesota/
Please go to this site! This is the state of Minnesota's licensing standards and practices for child care. Scroll down to the contact information, and call and report them!!! Then call the police!!! Call now!

I would love to hear what happens...Its like a bad dream. Good luck to you and please post again, M. in Wisconsin (29 years in in home day care)

She can't keep your things. I would for sure call the police and have them escort you over there to get it. If she wants the money she can take you to small claims court (which she probably wont do) but the police will make her return your things. Especially the meds that have your child’s name on it. I got burned by a home daycare once like this too but don't let it keep you from finding another good one. We have a great in-home now and she would never do anything shady like the last one. Unfortunate there are just some rotten eggs out there. Also, I don't care what the contract says about what you owe her...if she did something illegal with your kids by taking them in the car without your consent then her contract doesn't hold up anymore.

I agree with the others. Call the police, contact the state, buti also contact the other parents. I run a childcare from my home and it makes me so angry to see people ruin our professions name.

really?? and their proffessional daycare??..this is what you do-call the police-tell them that you need your sons medication an these folks wont hand it over..have the write a report...then turn them in.dont cave in to their bad behavior-i wouldnt give them spit on a paper plate...wow these type of ppl really make me angry.get the law involved...good luck

As ridiculus as it sounds.. if she will not give you your property especially the child's medication, call the police. She is with holding vital medication for your daughters health. If she wants to take you to small claims court then let her sue you for it. I know this sounds rash but getting the police involved maybe the only way to get your property. Good Luck!

As for paying, read your contract. If it is written in the contract that they get the paid vacation, then you probably need to pay. If it isn't written in the contract you don't have to pay.

As for the items and medications, that is different. I believe that it is against the law for her to not return your medicines. They are prescribed to your child for your cihld. As from your other post, the notice period isn't up yet, right? So why not just take all of your kids stuff home one day, before the notice period is up? If they decided to 'hold it hostage', then you'll need to call the non-emergency # for the police and ask them to escort you to the sitter's house.

M.

1) Call the police and ask for an escort to remove your son's things from the daycare (make note of the officer's name and the case number on the off chance of #3, so that you can take that with you)

2) Write a letter to a licensing board with bullet points and dates

2.5) Let her know that you have sent the letter, and furthermore will GLADLY see her in court if she attempts to collect the final week's pay.

3) She can attempt to send you to collections, you send the letter back with the box ticked disputed (and ditto if it shows up on your credit report), and you go to court. She is in breech of contract (via the bullet points on the letter you are sending to the licensing board, and by breaking childcare laws). Having breeched the contract, and then tried to extort you (by withholding your son's medicines and property). It is highly unlikely she'll get anywhere with the judge, and worst case scenario... you have to pay the week after sitting in court for an hour.

I agree call the police and get an escourt over there to get you childrens stuff. Call and report her to every state and county agency that would want to know about a person like her.
She risked your childrens lives and the lives of others. It is time she has a different job and you should help make that move (by forceing the closure of her daycare).
Either call the non emergancy police line or go to the police station and explain why you need an officer. Most of the time they would have someone that you can talk to right then. They would be able to guild you on how to proceed with getting the return of our stuff. Make sure they know that its asthma medication and equipment. Because if they think its just toys they may not be that quick to respond. And ask for a report to be issued. If she gets nasty and they ask if you want to press charges I would, she is commiting a crime.
I would also ask one more time in writting for the return of our things just so if you do go to court you have proff.

She/they are terrible people. I wish you all the luck and I am sorry that it has come to this for you.

Talk to the police. She has zero right to hold your items ransom. Her policy clearly states expectations on pay. I would also report her to all local agencies that have anything to do with human services as well as regulating daycare practices. You could also try reporting her to your local news station. =D

Good luck!

You have gotten a lot of good advise here but I would like to add just one thing. Have you talked to any other parents who have children in care there? When did they get notice of the vacation? They should know what is going on also and may have similar experiences and are not sure what to do about it. Please report her to the licensing bureau and the police. Good luck to you.

DISPICABLE!!!!!!!

i still dont know; is this child care facility licensed through the county? if so, you need to report them to child care licensing.

you can (and should) also report them to your sherriff's dept.

Wow, why this lady picked day care as her profession is beyond me. Take the advice to contact the police, report her to anyone who will take the report, and contact child services as well, for endagering your child in the car and willfully witholding life saving medications. She should not be watching anyone's children.

I would contact your local police and explain the situation. It's one thing to loose a few articles of clothing, quite another for required medication. Request that they escort you to obtain your items. In additon, you need to report this woman.

As for you children's stuff, you should be able to have the police escort you to pick it up especially the medication....that is a medical necessity. As for the payment, does your contract specify three weeks are required? or anything about their vacation? Those details may have to be worked out in court but have no bearing on the items she refuses to hand over.

Be sure that the licensing agency in your area is perfectly aware of what is happening. A provider that would put a child's health at risk to further her financial agenda should NOT be in the childcare business!

Good call in getting out of there. Best of luck to you.

It really depends upon what is in the contract that you have vs. what is not. They do not have a right to hold your things until you pay unless it's in the contract. So, go over it with a fine-toothed comb and go from there. If there's not any provisions in there about what they can hold until they are paid, then you have a right to pursue legal action. It sounds to me that they are just bullies, in general. If you threaten legal action, they may back off, but be prepared to back it up in case they don't. Good luck!

You can call the police about this, especially the medication. If you only pay for when they are in care, why would you have to pay for their vacation?

You need to report her to her licenser or certififier. If you don't have that info so if you can get it from a nearby provider. If she is not regulated then you will have to call the police. Best wishes. I was an in-home provider for 12 years, recently gave it up, and what they are doing is unacceptable and if regulated illegal.

Tell her you will take her to small claims court if she keeps the items. If she insists, then call the sheriff and tell him you need his help getting your stuff back from this hostile person. Do not let your kids anywhere near her and do not give her another dime. You need to stand up for your children, take her to court so she can't do this to others.

Contact the police, explain that she will not return your children's belongings. They can escort you to the residence to get their belongings. I would love to see them explain to the police why they are holding the things. They have no legal reason to withold the return of your items unless it is specifically stated in your contract that they will withold them in the event of non-payment. They sound slimy, so maybe they did. In that case, write a check, get the stuff, cancel check. Do you really think they'd go after you for it? The police may also be able to help you find out the correct processes for reporting them if they're licensed and what you're actions may be if they're not licensed.

Someone else also suggested asking the other families if they recieved notification for the vacation. Ask them when they received it. I'm betting they didn't get jack because the providers are just doing this to spite you. And YES! Absolutely report them in whatever way possbile. Slimy, slimy people and I personally would feel an obligation to report so other families wouldn't be put in that situation.

Let her know you will be reporting her to the licensing board if she does not return your children's things. Look up the info on who to report her too and write up the report before you go to see her again so she knows you are not bluffing. She can not keep your things, that is theft. If I were you, I would get the things, and than report her anyways, she sounds like she should not be running a day care center.

Did you report her to the licensor yet??? IF they would actually bring you to court (which I doubt) it would be VERY helpful to have a reported incidence on THEIR records about what happened. (No car seat, scare tactics, holding your childs' stuff, etc.)

Also, do you have ANY way of contacting any of the other parents that bring their kids to her??? IF you trust ANY of the other parents, I suggest letting them know what is going on. Just so they know your side of the story. Do NOT give them your opinion, just the facts.

EVEN though she said to come get the stuff, I would HIGHLY suggest still bringing a police escort. That way you will have a witness to ANYTHING that is said or happens! (And to make sure that you get your stuff back in proper condition!)

There is a lawyer down in the cities who gives free daycare advice. His name is Tom Coplain. I suggest calling him and having him give you his professional opinion. He deals with this stuff all the time. He was able to help me out when I had some trouble. (I was the provider and gave a family a 2 week notice and the mom turned nasty and was pulling a bunch of stuff........... He was VERY helpful!)

Call you local police department or sheriff and request a police escort to retrieve your belongings. I doubt the woman will raise a stink if you have an escort, but if she does, it will be documented. This is unbelievable and I think this is further evidence that you need to contact social services or whoever watches over day care providers in your area. Keep us posted and good luck!
P.S. I am a lawyer, so this is technically "legal advice." Save your money, call the police and get your stuff back immediately.

Check your contract. Many times it has what happens for trips and such. If it is stated that they have to have signed permission slips etc they broke their contract. Also not having a car seat is a threat to your child. Also they have no right to keep your items even if you do not pay. I believe that they would have to go to court etc. to get that money frm you. Make sure you document anything and everything said and done between the two of you. I would contact the police and tell them that they have your stuff and are refusing to give it back including your son's medication for a possible life threatening condition.

I would tell them you are getting a lawyer, they broke a contract when they put your child in danger! Taking you child in a vehicle with out a booster is illegal. Plus withholding your sons medication puts him at a health risk and both those items are child endangerment. If you have a copy of your contract most lawyers have a free consult, I would take it to them to check out. Although I guess it would depend on what you pay. If its a larger amount I would check with a lawyer, she might back down at that point. She would get in more trouble if you went forward then if she just let one week go.

I would speak to a lawyer about it. This is not right. It might be harder to fight since you don't have specifics in writing, but a lawyer could at least tell you one way or the other. If you do have to end up paying or lose your kids' items, then at least you can report to them to state officials so they can never do this again with any other family. That is really awful that you have to go through all of this. It is people such as this that give in-home daycare such a terrible reputation.
Good luck and keep us posted.
A.

I live in Texas and did in-home daycare for 2 years. I don't know MN law, but in Texas, a childcare provider must be registered with the state if they care for more than 3 children that are not their own. It looks like in MN it is regulated at the county level. My first suggestion would be to read your contract again. If you signed the contract and it states that you are "required" to give 3 weeks notice, then you are subject to that. HOWEVER, what does the contract say about them taking vacation? Does it state in the contract how long of a vacation they will take each year and whether or not it is a paid vacation? From what you have said, this sounds like a very unethical childcare provider. I would report them to your county agency. I would be happy to help you more if you want to contact me by e-mail: ____@____.com you would like, I could also look over your contract for you.

Weigh the sentimental value of the items and the cost of replacement. If they really mean that much to you, bite the bullet and pay just to get your stuff back. Without anything in writing you don't really have any ground to stand on. Sorry about the situation, it's sad to know that there are people out there so deceitful. As someone else said you could jump on the deceit bandwagon and cancel the check before she can cash it. I would do it and I wouldn't feel bad at all.

I just came across your post and have not had time to read the responses, and I hope things have worked out for you. That being said I am a in-home child care provider. I am not licensed but I make my parents sign a contract which states my policy, rates and procedures. There have been times when I have taken my "kids" to the park etc. but ALWAYS with the parents concent. This daycare lady should be ashamed of herself and I would call her bluff!! There is a time when a contract can be null and void and when it comes to the safety of your child that is definitly one of them. Please keep us updated as to the outcome!

Report them to the licensing board and state. Make them get inspected by the state. Make it hard for them. I used in home for years for my youngest. I was lucky and found a good one. There are good and bad in home and centers. You have to really research and check them out. My daycare always went on vacation each year. I never had to pay when they were gone on vacation.

Yes! Call police right away. They cannot hold your children's possessions as collateral. That is ridiculous, and they are probably doing it, because they know that it is the only way they could try to get you to pay. And why would you have to pay for THEIR vacation. You shouldn't have to pay for a service you are not receiving. It sounds like, not only are they using scare tactics on the children,but they're trying to scare you into paying, also. Try scaring them, by telling them you will be seeking legal counsel. Then, if that doesn't work, call police to reclaim your belongings. Good Luck!!! Keep us posted!

I find it kind of funny that the next day after you put your notice in that they are going on vacation. When were they planning on telling the other parents so they have time to find daycare for that week? I don't think you should have to pay that week. They are not there to watch the kids. I don't believe in-home daycares should get paid time off. There is no one there to keep the business open to watch the kids. Have you talked to the other parents to find out if they have been informed of this supposed vacation? And are they expected to pay that week also? I would report her to the licensing agency and possibly to CPS/police since she didn't have the kids properly restrained in the car and using scare tactics (threatening) your kids. Does she also do this w/the other kids?

I had a similar situation with a childcare provider. I decided to cut ties with them. I did not want to be tangled in the mess any longer. The anxiety it was causing me was not worth the trouble. I had a contract that we both broke. I did not pay her because I was not about to keep my child there after I confronted her about the way she'd treated my child. I didn't want her taking it out on my child. I say all this to say when you contact the state, you may make her mad and she may take you to court ( though i HIGHLY doubt she would). Many people threaten it, but once they realize the expense and that they could get in equal trouble, they relent. I would definitely report her. She sounds like a real piece of work, then I would walk away and let yourself move on. It's not worth getting tangled up, I'm sure you've got enough drama of your own. People like this, I choose to run away from and don't look back! Good luck

well you can definitely get them more in trouble with the law for not returning your kids' stuff. that's technically stealing. also, looking at child endangerment laws, not returning your son's asthma medication might fall under that - what if he had an asthma attack and you had run out of his medicine on accident and that was the only medicine left? would they let you have it or would they still try to keep it? i know that's a bit far, but still, if that kind of thing happened, they could get in a lot of trouble for not giving your son the medicine. i'd go back to the police or your lawyer or whoever is in charge of your case and tell them what's happening now.

Call the police, even if you owed them money they cannot hold your items. They are committing grand theft.

Have the police come to meet you somewhere in that area and visit with them. They may be in a different district and the police can't cross lines so if you do this the police from their area have the authority to uphold the law with them. If they agree, have them go with you to the home and them showing up with you should be enough to scare this family into doing the right thing and give you your personal property back. These people really need to be reported to the licensing agency in your area and to to the police. Plus having the police in their home when parents are arriving to pick up kids is a BIG deterrent to the other parents and will make them wonder about bringing their kids there.

My daughter is a...well, it's very early here and I can't think of nice words yet...LOL. Anyway, she is always borrowing things from people and never giving it back. She had a neighbor that she had borrowed money from, cd's, cigarettes, etc...and they had borrowed some of her clothes. I was taking her somewhere and she needed her jeans back. They refused to give them to her until she paid them back some cigarettes. I got tired o their stupid games and called the police. The police officer asked them if they under stood they were committing grand larceny by keeping her items and they said no, but she "owed the money and stuff".. he told them they had the right to file a claim in court but that they needed to relinquish her personal property right them. They dumped everything on the breezeway. Of course they were best friends again the next day but I got to get where I needed and was only about an hour late.

She has no right to keep your things. That constitutes theft. If you need to call the police in order to get your things back, then do it!

Secondly, you should report her to the licensing board for transporting your children without your consent, and also for failing to use a car seat. She put your kids' lives in danger by doing that. She shouldn't be running a daycare if that is how she does things! Other parents who might think of using this daycare in the future have a right to know about this, and contacting the licensing board is the only way they'll have a chance of knowing.

Given the reasons you're leaving the daycare, I don't think they should reasonably expect you to pay for their vacation time. Frankly, I'm shocked you were nice enough to give notice. She broke the law and in doing so, put your kids' lives in danger. Read your contract carefully - I believe this almost certainly is a breach of contract on her part, therefore you may be released completely from the contract.

I'm sorry you are going through this. I agree with the others. Hopefully the police will help you get your things back.

oh, you have lots of responses, and I did not read them, so apologies if this is a duplicate. Could you write the check, get their stuff, and then immediately cancel the check before she cancels it? Not sure if that is the best answer, but she is being unprofessional, not to mention immature, and just down right mean. I'm not sure how the fee thing goes for cancelling, but your bank fee may be worth the hassle?? and less than a week of childcare?? She cannot withhold his medication--I'm pretty sure that's illegal.