Babysitter Is Sueing Me. . .Any Advice

Like Toni said: do not fail to respond to her lawsuit or she wins by default. I have no idea about whether or not she has any basis upon which she might win or not, but if you fail to respond (in the proper legal form) to the paperwork, then she will win by default. Default judgments happen all the time due to neglect, or thinking that the person doesn't have a case, or laziness to respond, not knowing what to do, or just plain forgetting. Don't be one of those cases.

Good luck.

If either of you did not honor the contract you can be sued; however, required notice is typically waived if the contract or law is violated. The state may not be able to prove it but she did admit it to you so maybe she will be honest. Did you give written notice of any kind? Did it spell out why you were cancelling her services? 60 days is highly unusual!

Be sure to respond to the suit or she will automatically win. I have seen many chidren napping in their car seats. Actually I have heard stories about how parents could not get their baby to sleep in the crib or bed and their only solution to get some peace and quiet was to take a drive with the child in the carseat?????

Blessings.....

Contracts can be broken in situations that put people and children in danger.

The AAP recommends that young infants are not left sleeping or otherwise for prolonged periods in their carseats. It has been linked to low oxygen levels and SIDS, also prolonged periods in the carseat lead to "container syndrome" which can include developmental delays (due to not being able to properly practice new motor skills and train muscles) and flat spots on the baby's skull.
In many European countries parent are even discouraged to use them as strollers and advised to place babies flat on their backs in a carriage - I am just back from Denmark and I swear everyone there has a pram style stroller - I did not see a single "snap and go".
Honestly, she sounds like a bad fit for your expectations...find a better caregiver.
Good luck.

A child in an infant carrier in a car is generally at a more reclined angle than when they are brought into the house and place on a flat surface in the car seat. The infant's head can then lull forward to an uncomfortable angle and restrict air flow. I would research what the National Academy of Pediatrics specifies about it as that may be the documentation you need to clarify that a car seat should not be considered an "adequate" place for your daughter to sleep.

No, it is not healthy. Sixty days notice is a bit extreem; I doubt a court will honor that. Since she is sueing you, she has the burden of proof. Can she prove anything? Do you have a written contract? I would speak to an attorney to see what you can/should do. Good luck!

Review your contract line by line. See if you can find any obligation she included in her contract that she did not meet first. Then perhaps the court can be convinced her non-compliant actions happened before yours and therefore she rendered the contract null and void.

Of course, you have to be able to PROVE that she didn't meet her obligations as stated in the contract. You cannot just say something you believe or heard...That's hearsay. You can say what she told you herself and since she is under oath, she really cannot lie and say "No, I never said I let kids sleep in carseats." But really, small claims is not going to waste time with lie detector testing and so perjury can be hard to address.

I have heard some rumor (I actually think I saw a post about it here, that daycare contracts are worth the paper they are written on because they are not witnessed, notarized or "filed" in any official way. Not sure if that is true...

Was she a liceensed provider (or whatever the equivalent is in CA?) I am in MN, and for a licensed home childcare provider, it is against RULE 2 (home childcare..Rule 3 is for centers) to have any child sleep in a car seat, swing or anything other than a crib. It has to do with SIDS guidelines for one thing (By the way, RULE 2...its the whole complete set of regulations....miles of them down to every last teeny thing, that we have to follow...its just called "Rule 2").

If nothing else, look to your State guidelines..even if she wasn't, it could be a frame of reference for WHY its not a good idea (safety reasons, due to SIDS info...also...car seats are not intended for sleeping!)....

Also, 60 days is insane....the norm here is 2 weeks..but personally, my contracts state a one day notice for me or the families is acceptable (why, if there is an issue in place, would either of us want the relationship to continue??) but for good situations, 2 weeks or more is nice for both parties (like a move to a different program or hours no longer work, moving homes, whatever).

Ok Another thing...definately play up the "my child was in danger" sort of aspect if you do indeed go to court. I had a fantastic contract basically forgotten by a judge when a parent ...who was in the wrong...I canned them due to 3 yr olds awful behavior after 6 mos of behavior plans, etc..I did it by the book...this was when I had a 2 week notice..pre paid to cover the last 2 weeks in case people skipped out on me. They took me to small claims court to get it back..2 kids worth....and as soon as she pulled the "my kids were in danger" card, the judge sided with her. I paid it back...got investigated by the county during this time (found to have "not occured" by the way cuz I have great documentation and pictures of the injuries the kid caused by biting and hitting others...I am great with paperwork!) And I moved on...and part of why I do the one day notice time now. Live and learn.

Good luck..let us know what happens!!

I would never sign a contract that calls for that kind of notice to remove my children from substandard care. Since there was risk to your child I would think you have a case, but I am no Lawyer.

Can you prove she was not doing what she was supposed to do? I know with our sitter we had to pull the kids out and I did give her the 30 days notice we had to. 60 days is RIDICULOUS. If you are unhappy you are stuck to 2 more monhts? INSANE! I would get a lawyer and fight her. But you will most likely need proof that the kids were not being taken care of. Or find other parents that have left her for similar reasons. I'm so sorry!!

60 days!!! Holy cow and I thought 2 weeks notice was much at my daycare. Get as much documentation as possible and not any telling you yes she did put her baby in the seat, get it in writing. Babies can sleep in the seat but only if that is in the car. . . driving. Not at home or day care.

Get an attorney.

Did her contract stipulate that AND did you sign it???

Document everything/your issues with her/improper care for your children... and don't discuss anything with her, without legal advice.
She can use anything you say, against you or twist your words around.
Get your ducks in a row.

Put everything in writing.... registered mail etc. IF you correspond with her.

I would NOT, while this is going on, say anything to her or write anything to her... without legal counsel.

Get your contract you had with her... and go over it, and SEE, what her contract says about what 'care' SHE is supposed to provide as well.

I would get something in writing from the state saying that putting a child in a car seat is against the rules. You may not be able to prove she was actually doing this, however, you will have proof that this is not an acceptable practice.

So you know of anyone else who has used her as a sitter. Maybe they can help you by testifiying or providing a notorized avidavit.

It might be a good idea to consult with and have an attorney look over the contract and give you some advice.

Is she a licensed childcare provider? California licensing states that any child under the age of two MUST sleep in a crib or pack n play. However, proving that would be a problem. She probably knows the requirements and when they came out for a site inspection she told them that she does it per guidelines. It's your word against hers I think. Did you provide her with something in writing that stated why you were taking your kids out?

Did you sign a copy of this contract she is talking about? If she doesn't have a signed copy of it I don't think she has any grounds to sue you. And yes, 60 days seems excessive. In most cases 2 weeks or 30 days is the norm.

I'd do some more work on the details and get a lawyer. I wouldn't have anymore interaction with her until you do.

Best of luck~ Good for you for getting your kids out of there. Doesn't sound like quality or safe care if you ask me...

If the contract said she was to provide adequate sleeping quarters for your child, then she has no ground to stand on. She broke contract far before you did... IF it says she provides adequate place to sleep while your child is in her care...

If you look at it both ways per contract did it state that youngest is to not sleep in carseat & to have a proper place to sleep such as her crib?If not that is going to be hard. We aren't stupid that is a given but some mommies do provide a carseat or other forms of sleep techniques to their infants other than crib or bassinet because well we all need sleep but no I don't prefer the carseat as the proper place for baby.Who wrote the contract?Didn't provide the 60 day notice wow that is extreme what happenend to the 2 week notices that most employers have.I have no experience on daycare just my thoughts.Are you able to prove where baby slept & what is the reasoning behind baby left in carseat?Here is what I would say to the attorney that sitter was neglecting my baby left her in carseat for however long could possibly damage the back of head don't know the medical term but it's what happens when babies get left on their backs too long leading to flat heads & the possibilty of obstruction she could of died in the carseat from her lack of control of neck muscles leaving her head in a downward position for too long.(Yes I have read this in a magazine so long ago can't tell you which one)Did you give the sitter a warning & she ignored it then you took action I don't blame you,you gave her another chance I wouldn't of done that noway no how

What is wrong with your daughter sleeping in her car seat? Did you ask questions about this? It doesn't matter who is sueing you if you breached a signed contact you are still at fault and owe the money due. You have to remember that this is her business. Did you sign the contract?