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  1. #1
    Join Date
    May 2013
    Posts
    2

    Unhappy Transportation of a Child by a Daycare Without Parent's Consent

    My question involves a professional license in the state of: CA

    i already know that what i'm about to share has nothing to do with licensing..BUT i'm wondering if i can get any legal advice through here on what i can do..

    My son started a new daycare in february. it was a daycare home. he liked it, but i didn't-it was all i could afford at the time :/ long story short, her son had a baseball game one day and i was not able to leave work to pick up my son early so the daycare provider took my son with her KNOWING that i did not okay it on the permission slip i was given at the time of signing him up. i pulled my son from her care the next day and now she has sent me to collections (in the contract it says to give 4 weeks notice and whether you give notice or not you still owe another 4 weeks tuition) i am just wondering if there is anything legally that she did wrong when she transported my son..? is there any chance that, if what she did was illegal, that it would void the contract? (the permission slip was a separate piece of paper from the contract but i'm thinking she broke a state law..?)

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Transportation of a Minor Without Consent

    Here is a link to parents rights. It appears you recourse is to file a complaint. You could attempt to argue with the court in a suit that she broke the contract by taking the child form the center instead of staying there. A judge will decide.

    http://www.dss.cahwnet.gov/forms/english/LIC995.PDF

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Transportation of a Child by a Daycare Without Parent's Consent

    How much advance notice did you have, that the daycare would not be operating at its usual location on that date and that you needed to pick up your child early? Is the permission slip you're talking about specific to the baseball game? What communication did you have with the daycare provider about what was going to happen between the day you signed the contract and the time the daycare operator took your child to the game? What does the contract say about where daycare services would be provided, and off-site activities?

    When you say "she has sent me to collections" exactly what do you mean? This is a third party bill collector? No legal action taken (in court)?

  4. #4
    Join Date
    May 2013
    Posts
    2

    Default Re: Transportation of a Child by a Daycare Without Parent's Consent

    she told me at 8pm on a monday night that i would need to pick him up the next day at 4pm instead of 5pm(my regular pickup time) the permission slip was a generalized slip i guess, it was just about transporting my son [period]..anywhere at anytime and i did not agree to it. we did not talk much about when these games were but she does get a schedule of the games and i figured she would let me know more than a day in advance. i have to turn in a request for absence or time off at my work so i need atleast a full day in advance to be able to do that.

    when i say she has sent me to collections, i mean that she has texted me letting me know just that. i haven't recieved any papers or anything yet but she texted me last week with "your file has been referred to collections". i am nost sure about the process or if there wil be a court date or not..? i've never been sent to collections for anything in my life other than this...

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Transportation of a Child by a Daycare Without Parent's Consent

    Quote Quoting nicki630
    View Post
    she told me at 8pm on a monday night that i would need to pick him up the next day at 4pm instead of 5pm(my regular pickup time) the permission slip was a generalized slip i guess, it was just about transporting my son [period]..anywhere at anytime and i did not agree to it. we did not talk much about when these games were but she does get a schedule of the games and i figured she would let me know more than a day in advance. i have to turn in a request for absence or time off at my work so i need atleast a full day in advance to be able to do that.

    when i say she has sent me to collections, i mean that she has texted me letting me know just that. i haven't recieved any papers or anything yet but she texted me last week with "your file has been referred to collections". i am nost sure about the process or if there wil be a court date or not..? i've never been sent to collections for anything in my life other than this...
    That may have been a scare tactic. There are not many collections agencies available to very small businesses anymore. There isn't enough money in it for the collection agencies. They either want contracts with larger companies with lots of collection action, or they want bigger amounts to attempt to collect.

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