A couple of months ago, we gave our childcare provider notice that we would be moving our young children from her care effective January 1st so they could move on to preschool. By mid November, our child informed us that the provider had spanked her for having a toileting accident. Although our other young child, who attends the same daycare confirmed the statement, we talked to the provider and she denied the claim. As the days went on we noticed behavioral changes in our child, such as frequent soiling incidents and anxiety. One night (about a week following the initial report) our child awoke screaming uncontrollably and when we finally calmed her and asked her what was wrong, she said the provider spanked her!
We moved our children shortly thereafter and now the provider is threatening us w/ small claims court because we did not give her adequate notice.
We live in a State where corporal punishment is not allowed.
Would we still be responsible for paying the full month of December? :confused:

Yes, unless you contest it in court -- then the burden will be on you to show proof.

From what you describe the daycare provider is in material breach of the terms of the contract (by the use of corporal punishment) and as such no notice would be required.

In fact, you could bring a claim against the daycare provider for some or all of the fees you paid plus any other damages the court may allow for the improper use of corporal punishment against your child.

On another note, if daycare providers are licensed in your jurisdiction you may want to consider filing a complaint.

First what type of contract do you have, a written contract or verbal,
Next was there an agreement for full months, I am sorry since any place I ever had my children, there were no long term contract commitments, so you only paid for the time you actually had your children there.

Although I am a serious beleiver in spanking, not for toilet accidents, that is never a time to use it.

Hello State:

Giving notice that you're ending your business relationship with the day care provider does NOT create a contract to do so. Therefore, depending on the contract you HAVE with the provider, you may or may not owe them. Most agreements in that field that I'm familiar with call for a two week notice. Of course, you made no mention of it, so I don't know what your agreement says or even if you HAVE an agreement.

Secondarily, I'm not sure that your child's unsubstantiated claim that she was spanked is reason to call the agreement (if any) null and void.

I also note that you didn't mention whether the day care provider was DEMANDING a full month payment and on what basis.

Therefore, until I know what your agreement WAS, I can't tell you if I think you owe anything.

excon

I side with Justice here. Her use of corporal punishment breached the contract first. I would tell her to feel free to take you to small claims court. Tell her you would be happy to testify as to why you pulled your children so precipitously. If she has any brains she will drop the issue because the damage to her reputation will be much greater.

Thank you all for your responses... it helps to know that others feel the same as I do, given the situation~