Childcare Contract

[videogirl0011]

Issue: I terminated care with my daycare provider on 12/21/07 after the provider removed my child from her home without my written or verbal permission. No where in the contract does it state she can remove my child from her home. On the same day, my daughter claims that she was not fed lunch nor given a refill in her sippy cup. So, I pulled my daughter out of there immediately not giving the required two week notice. Contract states that the provider is a "licensed daycare provider in the State of Arizona", (city of Glendale). I called DHS (Dept. of Health Services) and they advised me she in fact is NOT licensed. Her contract states that she follows state regulations. If she did, she would have to have my written permission to remove my child from the home (state regulation). Childcare provider has e-mailed me three times since 12/21 stating that I owe her the $250 early termination fee and over $600 in overtime fees for over the past six months!!! Contract states payment is due each Friday for that weeks care. Always paid on time, never late, never billed for any overtime charges, and never advised of any incurred OT charges.

Questions: Does the fact that she falsely represented herself in her contract as "licensed" and "state regulated", make her contract null and void?

Since she claims to be "state regulated", does the fact that she removed my daughter from her care without my permission make her contract null and void?

And, I am pretty sure I am not responsible for paying the OT charges since she NEVER billed me for them nor advised me of the charges and accepted my payment each week without reservation. Am I right???

Thank you.

 

[mafioso]

You can consult with state rules and regulators office to see if she violated the rule. From your post, I think she did which gives you the right to break the contract. The legality of the contract due to false statements is hard to decide and is debatable…………..that is for the court. But it could be a reason why you can break the contract with no penalty.