Stateofgrace
New Member
Our 28 month old twins have been enrolled in 'Family Home Day Care' for approximately two years. On October 1st, we informed the provider that we would be moving them to preschool effective January 1, 2008.
On November 15th, one of our children reported that the provider had "scared" her. When asked how, our child said the provider "spanked" her for having a toileting accident.
My husband and I confronted the provider and she denied the allegation, but subsequent to the incident, our child's behavior changed. She began to have frequent toileting incidents, she became very anxious and one night even awoke screaming and saying "Ms. --- scared me!"
We notified the provided on November 27th that our girls' last day with her would be November 30th. We paid the provider for the month of November.
Regarding termination, the contract states that either the parent or the provider may terminate the contract by providing a three week notice, which if not given would result in payment of three-week's wages and all legal fees incurred if the provider must pursue payment via small claims court. Because of the circumstance, we did not give the provider three weeks notice and now the provider is demanding her wages for the month of December.
Are we legally bound to fullfill our end of the contract, eventhough it seems that she failed to follow the rules of the licensing agency by spanking our child?
On November 15th, one of our children reported that the provider had "scared" her. When asked how, our child said the provider "spanked" her for having a toileting accident.
My husband and I confronted the provider and she denied the allegation, but subsequent to the incident, our child's behavior changed. She began to have frequent toileting incidents, she became very anxious and one night even awoke screaming and saying "Ms. --- scared me!"
We notified the provided on November 27th that our girls' last day with her would be November 30th. We paid the provider for the month of November.
Regarding termination, the contract states that either the parent or the provider may terminate the contract by providing a three week notice, which if not given would result in payment of three-week's wages and all legal fees incurred if the provider must pursue payment via small claims court. Because of the circumstance, we did not give the provider three weeks notice and now the provider is demanding her wages for the month of December.
Are we legally bound to fullfill our end of the contract, eventhough it seems that she failed to follow the rules of the licensing agency by spanking our child?
