Should I add this clause to the end of the child care contract?

Question

I have a day care in my home and have contracts and policies that the parents sign before I will agree to watch their kids. There is a little girl I keep right now that has a little mean streak in her and was wondering if it would be adventageous of me to add the following statement to the end of my payement policy: "Child Care Provider reserves the right to request reimbersement for excessive property damage that is the result of a child's misbehavior." Or something to that effect. Nothing has been damaged yet, but was thinking about this the other day and I think it would be wise. The parents pay fees for food and my time, if their child destroys the toys and games I provide out of my pwn pocket, shouldn't they be responsible for replacing them or for the funds so that I may replace them?

Thanks for the input so far, everyone. I have worked in other preschools and daycares where they DO ask parents to replace things if their child breaks it, so I don't buy that as a good reason not to include it in my contract. And the activity fee is a really good idea! I hadn't thought of that. Thanks. Keep em comin!

Gzorpe, I don't charge by the hour and I have already raised my rates this year and don't plan on raising them again any time soon, that's not right. The parents of the kids I keep pay a weekly fee regardless of whether the child is in attendance or not. I already have contracts and policies that everyone signs before I will keep the children in my home. It's very professional, I assure you. I've worked in enough bad day care and preschool facilities to know what I'm doing and what to avoid. I also have a degree in elementary education and worked for our family business that my dad owned and operated. Your response sounded a little demeaning and I want to make sure you realize I am an educated woman and am highly capable.

Answer 1

My in-home contract states "You will be held financially liable for any willful damage to my home, personal belongings, or day care items caused by your child. Payment or replacement of any damaged item must be made within one week (7 calendar days). Jax's Childcare will repair or replace broken daycare equipment & toys due to normal wear and tear. Jax’s Childcare and its employees cannot be held liable for damages caused to personal belongings (including but not limited to toys, clothing, and blankets)."

Answer 2

I think that you can request reimbursement, but there are a few issues to consider.

1) You aren't paying for the toys "out of your own pocket", they are a business expense in running a child care center.
2) Some people have liken this to a child breaking a toy at a friend's house. I feel this isn't correct since you, as the caregiver, are being paid for taking care and disciplining the child while they are in your home.
3) That being said, a child who deliberately is destructive and is of the age where they can understand the consequences of their actions should be held accountable for their behavior.

Examples of what the parents shouldn't be asked to pay for:
1) A 3-year old who breaks a crayon or other small toy. Toys don't last forever; buy durable ones & replace them when they get worn.
2) A 5-year old who knocks a dish or glass off the table. This is an accident and an effort should be made to prevent this from causing damage (plastic dishes, stain proofing on couches, or ristricting food and liquid to non-stainable areas)
3) A 4-year old pulls an expensive cell phone or electronic off the table and breaks it. A child this age doesn't understand the consequences of their actions and if they are able to do this, it means the house isn't properly childproofed, or appropriate attention to the child wasn't given.
4) A 6-year old who breaks a delicate toy in normal play due to an accident (ripping a single page of a book, snapping off a piece of a toy)

Examples of what parents can be asked to be paid for:
1) A 5-year old who rips out all the pages in a book.
2) A 5-year old who sneaks around "no food outside of the kitchen" rules and puts a popsicle in the VCR.

It's definately a fuzzy situation and an informal agreement with the parents (via a written letter which they sign) informing them that they will be responsible for reimbursing damage caused by intentional & malicious behavior. This might not hold up in court, but will likely protect you from most extra expenses.

Answer 3

That's a very interesting idea, but seems like it might be hard to implement at a home day care level. People try to push the limits, you know, since you're "just a home daycare." I fully believe that the parents should be responsible for more than minor stuff, especially if it's on purpose, (and you shouldn't have to ask!!) but then there is some expectation of things getting broken when you open a day care. I think maybe if you set a dollar limit, $50 in damage per day or something (I just threw that number out) the parents might be more accepting.

I think you should definitely put something in there to protect yourself in the case of serious damage (like your home computer, appliances, etc.) I think the key would be outlining exactly what you would charge for. That would make me as a parent less wary of my day care starting to charge me for all kinds of things (not that YOU would do that, but you can understand the hesitation.) I think it's a great idea, just the exact implementation would need some working out. A weekly activity fee sounds good. I would kinda expect that to just be built into the regular fee, unless it was, like, $200 or something.

Answer 4

1st-- Why would YOU the daycare provider have to suffer the consequences for the childs behavior???

The parents should have the responiblity. If they brake something at home then it needs to be fixed right?? And it is their responibilty, so it shouldn't be any different at your home.. What if they were at a family friends house and the child broke something there?? I'm sure the friend might have something to say...

2nd-- Put the claus in there and if there is and questions about it then explain why to new clients.. For the old ones (clients) then send out a notice that if the child is for certain that he/she was the guilty party, that the parents are responible for the damage. If it is replacing a game (or something of that nature) they have the option of bringing a new one or the money will be given to you. If it is damage to the home, you will get bids (or reciepts) and then they will pay for it.

3rd-- Do they parent really know that the child has such a mean streak?? That also need to be addressed....

Answer 5

As the day care centre is run from your home, then yes, I would say you were ok and well within your rights to ask for a re-reimbursement, however it might be wise to talk it over with someone in the legal profession. It may not actually be worth the paper it is written on and you may have to prove without a doubt that a particular child broke it, so getting the money back could be a problem.

If this particular child is a problem, try talking to the parents directly and explain the situation with them. You can always refuse to have disruptive children if they are going to be distructive or a danger to others.

Good luck with the day care, it sounds like a great place to be!!

Answer 6

I a mnot sure about property damage, you may want to ask some other child care providers. I do know that you can put a clause statingthat you reserve the right to expel a child from your child care for specific behaviors such as destructive behavior, endangering other children, etc
My personal opinion is yes, the parents should be responsible for what the child has destroyed. You should at least sit down and talk to the parents aobut this to gauge their attitude and work on a plan to correct this childs behavior or else they need to find alternative child care for her .

Answer 7

absolutely! My daughter's day care is an in home one like you have - her sitter has a clause in there that she reserves the right to ask you to find another day cer (in better terms then I just said) and also that if any of her personal property or day care property is damaged and it is valued at more then 10.00- the parents will be charged for it.

I don't mind this at all and I think it is smart. If my daughter destroys something, especially on purpose, I would want her to learn that there is a consequence.

I hope that helps some!

Answer 8

I think it is a good idea. You are providing care in your own home, and cant afford to go out and purchase new toys all the time. If the parents have to continually pay for damages done by their children, they will probably address it with the child sooner.

Answer 9

My son is a terror and I would be surprised if he didn't break things at daycare! I have not really thought about this before, but I would not be offended if my provider asked me to pay for it! After all, if he broke something in a store I would pay for it! Your home shouldn't be any different. You should not be responsible for other kids behaviors.

Answer 10

It's your business & you should run it exactly the way you want to. If you want to add that clause to your contract I don't see how anyone can disagree with it. If one of my children broke something that didn't belong to them I would expect to have to replace it, contract or not. Your request is not unreasonable & it's a good idea, saves any future awkwardness should one of the children cause any damage.