Terminating Care - Notice Period Question

[SnowGirl]

Hello!

My own son has a history of biting one of the children in my care. Back in the spring I worked with the family and I took some social-emotional trainings to help me learn how to help my son past this phase. There have been no incidents in 5 months.

Last night, the mother of this child noticed a bite mark on his arm. When she asked me about it, I had no idea he had gotten injured. So I couldn't tell the family when, or who (although my son is the likeliest suspect.) I of course sincerely apologized for the incident, and that I hadn't been present to witness it (my guess is someone bit him while the bigger kids were outside and I was tending a baby for a few minutes with diaper changes or napping, etc) and I extended the olive branch to her saying I would do better. She expressed that she thought I was being deceitful and that they couldn't trust me, and perhaps I'm not the right provider for them.

I acknowledged her feelings and said that we would make an appointment to sign the paperwork (termination) and retrieve her son's things in the next week. I haven't heard back from her.

So that's everything in a nutshell. Aside from this being a learning experience for me as far as how I supervise children and how I work with them on these issues, I am struggling with how to move forward with this termination.

In my contract, there is a two-week paid notice period. If the family doesn't want to continue care for even the two weeks...should I hold to the two weeks of pay they owe me? I feel like I should waive that since it's a safety concern coming from them, but my contract doesn't have that right for them. Even if they decided to continue care with me (unlikely), I will be terminating care because of her implying I was lying to them and hiding things from them. I was as honest and sincere as I could be in telling her that I'm so sorry this happened to her son, and I don't know how or when it happened. That's me telling her it was inadequate supervision at the time of the incident. SO for her to fire back that I was deceitful is the end of my desire to continue providing care for the family.

So, in my shoes (my imperfect shoes that will be learning a lot from this), would you waive the two weeks? Would you put the two weeks pay in the termination notice per the contract but let it go if the family refuses to pay? WWYD?

[boy_mom]

I would refund the 2 weeks and terminate ASAP

[SnowGirl]

I would refund the 2 weeks and terminate ASAP

Thank you I appreciate the confirmation of my instincts. Since I haven't heard back from her yet should I just send her a term notice via email tomorrow so I don't have to deal with an awkward Monday morning?

[sunshst]

I would refund and term asap too. My contract states that I can term immediately any time and for any reason. If there was no biting potentially involving my kid I would've termed her on a spot. However, you should go by your policy and term it accordingly. I would just hand her a term letter on Monday upon pick up and close my door promptly. If she knocks/rings a door bell after that I wouldn't open. Make sure to have someone there with you as a witness when you hand it to her.

[boy_mom]

Thank you I appreciate the confirmation of my instincts. Since I haven't heard back from her yet should I just send her a term notice via email tomorrow so I don't have to deal with an awkward Monday morning?

Yes, definitely email and I would also send a text asking her to please read your email ASAP. If you can, put the "read" option on both, so you can see when she opens the email/text. If she still shows up tomorrow turn her away!

[rosieteddy]

It looks like you do not owe them 2 weeks. If you are deciding to term on the spot you are out the two week notice.I would send an email telling them that effective immediately you will not accept him back in care.As she does not trust you. Then I would call and speak to her.Do it today or there is a good possibility she will show up in the morning.She may try to back peddle and say she did not mean it ,be prepared with your reply.Could have just been a bad day.

[Cat Herder]

I would refund and end the contract immediately.

[SnowGirl]

How is this letter?:


11/17/2019
To DCM and DCD,
Effective 11/18/2019 childcare services for your child, DCK, will be terminated. The following is the cause for termination:
DCM wrote on Friday, 11/15/2019, “Perhaps, this is not the right group for DCK.” This message follows an accusation that the DCP was using deceit to keep information from the [omitted] family. The ultimate reason for termination is, therefore, deterioration of trust between provider and parent.
Please provide at least 12 hour notice via Brightwheel for picking up DCK’s belongings. Please collect DCK’s belongings by 11/22/2019.
The two week notice period stipulated in the signed contract is waived. The [omitted] family owes no balance.

DCP
Phone #####

Received by ___________________________________
Date ______________

[Unregistered]

I would leave out the reason for termination, or just say something like: as per our conversation on xyz date. I would say that their belongings will be mailed to them.

[SnowGirl]

Okay. I can mail to them. I just hate to waste the postage

[Unregistered]

Many have them come pick up the remaining belongings, so you can certainly do that. I just like to have everything done and over with.

[SnowGirl]

He has some medication here including an epi pen. I think I'll just have them pick up. Even though I do like having it done.

[SnowGirl]

It looks like you do not owe them 2 weeks. If you are deciding to term on the spot you are out the two week notice.I would send an email telling them that effective immediately you will not accept him back in care.As she does not trust you. Then I would call and speak to her.Do it today or there is a good possibility she will show up in the morning.She may try to back peddle and say she did not mean it ,be prepared with your reply.Could have just been a bad day.

It's not the first time she's been less than nice to me in communication. She wanted a free day because they chose to keep their son home when my baby was sick (even though baby was with my mom that day and not in the daycare). When I told them in August about a week vacation I was taking in March (7 month notice) her response was "ouch. I didn't know you would have more than one vacation a year."

So yeah....maybe it was a bad day. Or maybe she's a jerk and I'll feel better when she's gone.

I love the kid though. That part sucks.

[rosieteddy]

I would be happy to just be done with her ,good luck.

[SnowGirl]

Ugh, my freaking husband has me doubting the waiving of the 2 week period because he thinks me waiving something from the contract is me admitting fault and that if I do that, this mom (if she's crazy enough) can sue me for inadequate care and say that I invalidated my contract.

So here's what my letter says: "The two week notice period stipulated in the signed contract is waived. The [omitted] family owes no balance."

And the full paragraph regarding termination policy in my contract:
Termination of Care
Please inform me in writing if you wish to terminate care. I require two weeks notice and you will be
required to pay for two weeks regardless of whether or not your child is attending day care.
If I terminate care for your child I will provide two weeks notice. If there are unresolved health and/or
safety concerns, I reserve the right to terminate care immediately and without notice.
If behavior issues exist that affect the safety and routine of the childcare, the following steps will be
followed:
1) I will work with the child according to my discipline policy. With persistent issues, I will inform
you during pickup and suggest you work with your child at home as well.
2) If the issue continues, I will request a conference with the parents of the child and myself so we
can discuss a behavioral plan of action and goals for improvement.
3) I will request that the child be taken to a mental health professional for assessment and a plan of
action. I will provide a resource list upon request.
4) If the plan of action does not correct the issues, the childcare arrangement will be terminated.