Can my daycare do this?

Question

My current daycare provider has been so for over 3 1/2 years. Recently I lost my job that I have had for 3 years. During this time, my daughter is about to start Kindergarden. I decided to enroll my daughter in before and after care with the school because it is cheaper than keeping her in her current day care, we have also had issues with the provider in the past. I submitted her 2 week notice, per the contract, on Monday and in the letter requested copies of her file so that I may use it for her current enrollment with before and after care. Initially, the provider told me that she was working on it and would get it to me soon, today I received a copy of my final invoice, which is not due until the 15th of August, with a handwritten note that the papers would not be submitted to me until final payment is made. Does anyone out there know if this is legal and if not where can I find the necessary information documenting that?

Answer 1

As far as I know, they are not allowed to with hold your file.  I have experience in foster care agencies and day cares, and the parent's files are considered their property that they have a right to request or review at any time.  If you don't pay the balance, the provider has the right to take you to court, but unless your contract with them states otherwise, I would think that this would be a pretty universal standard.  Here is a link to licensing requirements:

http://www.daycare.com/states.html

Click on your state and it will have the rules and regulations governing the provider.  These are long documents, but it should address the records.  

Answer 2

In NY parents are entitled to "immediate and on demand access" to the child and the records. Go on line, find the licensing regulations in your state, and see what they say.

Answer 3

What do you need the paperwork for? Why don't you just pay the bill on August 15th and get the paperwork then if you really need it?  

Answer 4

no they cant...

Answer 5

i think, by law, she can with hold the papers until the final bill is paid in full.  as a former home child care provider i would not hand out tax receipts to anyone who had left owing a balance.  this is also a common practice in center based facilities.  some parents (and i'm not saying you would do this) will skirt out on the final bill to a home provider even after she's given services.  she's probably just trying to make sure she gets the payment that is due.  i'd have a check for her the day it's due and if she doesn't give you the papers then with hold your payment.

if she has broken licensing regulations you can always report her to the licensing agency.  which you should have done when it happened (at least that's what i think you said about 'being over').  if she would break that rule, what other ones has she broken?

Answer 6

Umm...just pay the bill...I worked at a daycare for over a year and I'm tired of parents being cheap and not paying their bills on time or not at all. I'm not saying you are one but I don't see why you just don't pay the bill.  Borrow the money if you have to.  You used their services therefore you need to pay them.  It's the right thing to do.  However, they are NOT allowed to hold your information but there is no reason not to pay them.

Good luck  

Answer 7

I own a daycare in pa and was told by the local welfare agency that parents have the right to the information in their file whenever they request it. We always make sure that our files are up to date and parent friendly so as to be able to comply quickly and easily with this request.

Answer 8

hmmm It doesnt sound legit. Almost like they are bribing you.