Question:

Is there a law stating i can pull my son out of daycare if i feel he isnt gettn the best care?

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my son is 19 mos and is going a home daycare right now and he is constantly getting bit all the time and comes home and i find bites she doesnt even tell me about and when i ask her she says oh im sorry i didnt hear him scream when that happened. she is really all about money. i know she doesnt show everyone attention i can tell the way she talks to them and they kind of look at her like she is crazy, and she sounds fake. but i signed a piece of paper saying i had to give her a 2 weeks notice. but me and his dad found another daycare and there he can go this coming week. but she said i have to pay her for another week and he has to go. but my question is that isnt there a law in texas or just a law anywhere stating i can pull him out of the daycare at anytime if i feel he isnt getting the best care? i have already paid her for the week so its not like i owe her money. please anything will help.

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9 ANSWERS


  1. That's your son.

    You put him under that lady's care because of trust. But now if the trust is broken, then just move on! Since you'd already found a new daycare for your son, then just let your son go to the new one. Just pay whatever time you put your son there (the current one)...

    I'm sure she has nothing to sue you against it... It's your son that you need to protect and moreover, she's not doing the job!


  2. If it's about your son's care, pull him.  Pay her for what she's done, and the extra time, if you want.  

  3. a contract is a contract, but if you have a copy  (and you should!) read  through it carefully about her responsibilities. I'm sure you checked out the place before you started, and she was convincing that she gives special care and attention to each of the kids in her group. If you can show her that she broke contract by not giving the care she promised than you can keep your money, and pull him out without paying consequences. But if you can't find that she submitted herself to contract and breached it, then you'll just have to pay her for that week. Consider it an unfortunate monetary loss, but an emotional, psychological etc. gain for your baby and yourself.

    We can't win them all.

    Good Luck.


  4. It depends on how much it would be for, and how much trouble you want to go through. Legally, if you sign a contract, you owe what she asks for. On the other hand, if she is not taking proper care of your son, that constitutes a breach of contract on her part. I would take pictures of your son's injuries. If you do not want to contact the state about a possibly neglectful caregiver, you can at least tell her you feel she was neglecting your son and you do not intend to pay her that money. If she insists on getting the money, she will have to pursue you to small claims court, where you can present the photographs and your reasonable argument that your son was not being properly cared for. You might even avoid going that far by telling her that is what you intend to do if she pursues you for the bill.  

  5. I am a daycare provider and I have a two week notice as well but if you paid her you do not have to send your son there! Did you give her your notice in writing so that she cannot say that you did not give her any notice? I hope so she sounds like someone you would not want to give any leeway with she could say you pulled him out without notice and that you still owe her for two weeks. If a child is biting and other people are removing their children from her daycare she should be getting rid of the biter I would not have a biter in my daycare children can get a serious infection from a bite and should be taken very seriously! Good-luck!!

  6. Of course you can pull him out.

    If you have a written contract stating you must give notice, you may indeed owe the money.  This does not mean he has to attend a place that you don't want him in.

    All the best.

  7. Just pull him out if you are not satisfied. Don't worry about paying her, the most she can do is try and take you to small claims court. If she does you just need to provide a copy of a letter that you must send her stating that you felt your child was in danger and wasn't being properly cared for. There should be fine print on the contract you signed stating that the contract is null and void if neglect or abuse is suspected. Good luck to you  

  8. I've worked in the childcare industry for 7 years. That woman sounds really nasty. I think there could be even more negligence than you might think. If I were you I would've pulled my child out a long time ago.

    I would also report your concerns to the relative authorities. You may not be the only one. Good luck.

  9. You don't need a law, you can pull your son out or put him in any group you want when you want.  If this were me I'd pull him out and report the home daycare provider for negligent care.  The provider can NOT make you pay for services she isn't going to be rendering to you OR make you bring your child to her.   She's ignoring her duties, your child that is, and allowing him to be injured and then being negligent about handling it or telling you.

    I'd find out what her licensing is and definitely report her. People like this should NOT be taking care of kids.

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