Contract Question

[Blackcat31]

I have to disagree with the others about the provider breaching contract. The parent agreed to transportation for "other activities", which would encompass personal errands, in my opinion. The parent agreed to 2 weeks' paid vacation-if the provider was paid for 2 weeks' or less, then there would not be a breach of contract for the early closures or days closed. As far as which days were available to the client, unless the contract specified which days services would be provided, I would find it reasonable to assume that they would be worked out on a regular basis based on availability of provider and need of client. If the dog wasn't addressed in the contract, then it is a non-issue, as well, though I think it very foolish to allow a new dog to have free reign around an unknown child.

It seems that both parties should, going forward, make sure that any contracts they sign are straightforward about the needs/abilities of both parties BEFORE signing.

TL, DR: My opinion is that at least one more week of pay is due, because the OP doesn't state where the contract was actually breached.

Transportation issues aside the reason I said provider breached contract is because the OP said:

" I signed a contract for a DCP which stated her hours were Monday-Friday. We only need 3 relatively short days per week but I'm comfortable paying full time to secure her spot. However, each week, the DCP has actually only been available 2-4 days, some of which are not the days we need, leaving us trying to find alternate care, but we have still been paying for full time. Most weeks my daughter only attends 2 days because the days we need her she isn't available."

So the family schedules (and pays) for 5 days a week.
Whether they actually use them or not doesn't mean they aren't entitled to them when needed.

Provider has denied care on certain days and parent is needing to find alternate care.

I don't think that is ethical at all.

I have many parents that pay for 5 days and IF anything in my schedule comes up that prevents me from being available the days they scheduled I discussed it with the parent well in advance to make sure they did/didn't plan on using that day.

[Snowmom]

I agree with BC. Also 20+ years.

In the future, I'd make sure that you must sign a field trip form for each and every trip off site. Standard "may transport" blanket permission just does not fly anymore.
Each trip should outline educational goals, place, meals, activities, times of departure and return. The trips should be about the children during daycare hours. :hug: You are paying for that, after all. Here, off-site trips require a second provider, because ratio drops almost in half.

Those are not requirements here. While I agree with you in theory and it depends on where that provider is located (specific regulations), the provider's "blanket permission" would be enough in some situations.

30-day notice of closures for vacation and around 3 emergency/short term notice closures per year should be about the norm. I have not had an emergency short term closure in over 5 years. It isn't that common with most providers. Our lifestyles are generally not that chaotic.

2 weeks-30 days (and sometimes longer) is the norm here for planned days off. I use anywhere from 1-10 short notice closures annually, depending on the circumstances.

Pets should never have access to children during daycare hours. Daycare kids should never have access to pets, for the very same reasons. ::

Again, I agree with you in theory, but I know many providers who consider their pets part of daycare and part of that particular environment. I don't agree with it (for the safety of both parties) but I also understand their thinking.
If the contract said "pets may be on the premises", that provider may legally be covered.

Good luck in the future. Never fear court if you are right.

Red above.

OP, I think the provider is definitely unethical. But everything comes down to how that contract was worded.
Your best bet is to write an unemotional letter stating the facts, what outcome you want and what agreed upon services you felt were not given.

[Cat Herder]

Red above.

My advice was based on best practice, rating scales and personal preference as a parent and provider, not regs. I stand by them. Many assume some level of common sense when paying someone to care for their children, that is not always the case. Better to weed out loopholes and prevent miscommunication, IMO

[Alia]

Thank you everyone so much for all your help it was much more than I had expected to receive! I have learned so much from your expertise

Thank you for taking time out of your day to help lovethis

[Blackcat31]

Thank you everyone so much for all your help it was much more than I had expected to receive! I have learned so much from your expertise

Thank you for taking time out of your day to help lovethis

Please keep us updated as to how this works out!

Parent perspective is valuable to us as well

[Mom2Two]

I would say to start writing out your case. Not only for legal purpose as Cat Herder said, but I often find that as I start writing, things start becoming even more clear to me.

Format and print out all your text threads with her. There are a lot of issues to look at, it sounds. The transport issue...the dog...the unavailability.

Make a chart of all your weeks with her since you signed the full-time contract, and show which days she didn't give care, the days she transported and also the the amount of notice she gave each time. Also include your responses. It might help to show how many times you objected or expressed concern about the transport.

One thing that was not mentioned above is that there is an expectation of reasonable interpretation. If you carefully document the pattern of unreasonable interpretation of the contract, it will strengthen your case greatly--depending on the judge.

Or you could just pay the money and go forward with a "lesson learned" attitude. It depends on whether you feel like the possible small claims court event would be worth it.

[lblanke]

Sounds like the provider breached the contract by not providing care for the contracted dates/times and by transporting half the time (when the contract specifies occasional, which is meant to be infrequent). I would not pay any additional money but would not send my child back, either.

[springv]

We are a non transport center here in Alabama and the only way we do field trips is by walking within distance of the daycare plus all children have permission to walk (ages 3-13). If I were you, I would report her to the department of human resources childcare division depending on which state your in because of what she done by transporting your child without permission and I would not take my child back to the provider and I would not pay the provider anymore money regardless of the contract terms.

[Meeko]

Is she licensed?

Dogs are allowed here in Utah and my own is a huge part of my daycare. Loved by the kids, the parents...and by licensing.

However, there is a list of dog breeds that are banned from licensed daycare and pit bulls are one of them.

I'm wondering if other states ban certain breeds??