Son Left Unsupervised at Daycare

Updated on July 20, 2010
M.C. asks from Fountain Inn, SC
28 answers

My 3 year old son has been attending an in home daycare in our area. I have noticed on several occasions that when we drop off or pick up that the child care provider is not around. They have gone in to other areas of their home where the children are not visible to her...and not to mention the back door would be unlocked when we go inside. I have also noticed that my son's diapers are not being changed close to the pick up time. It's almost a daily occurance that as soon as my son is picked up and we get home which is less than a mile away from the daycare, his diaper has to be changed because he has either leaked out of the diaper or has urinated on himself in the process of pick up. My son was picked up one day this week by my mother, when she walked into the unlocked back door my son was in the daycare room ALONE!!! He was standing in the room, not playing with any toys, there was no TV on and his shorts, front and back, were covered in urine!!!! The child care provider had no idea my mom had walked in so my mom stood in the daycare room for a few moments to see if she would be coming in to the room and of course she didn't. So my mom proceeded to knock on the door for the 2nd time to try to get her attention...she finally comes into the room! She was 2 rooms away and my son was not in her sight!!! I am furious about the situation and will be terminating services immediately. But in her contract it states that I can terminate services if she does something to make me or my child unhappy...does anyone think that I have enough reason to terminate services without paying her the 2 week notice???

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T.L.

answers from Denver on

The unlocked door and continual wet/soaking thru diapers are a definate red flag/concern. Does she have too many children under her care and can't watch all of them effectively? Is she the only one there and has happened to have excused herself to the restroom at these times of not being visible. Being woman we know how some 'female' things sometimes can take a few minutes to handle in the restroom.

3 moms found this helpful
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K.V.

answers from Athens on

Yes!!!! And she should be reported. I can't believe you let it happen more than once. I would run from that situation.

1 mom found this helpful
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V.T.

answers from Atlanta on

Goodness, you not only need to leave immediately without paying another penny, you also need to report so that you can save other children from this neglect. It's awful.

1 mom found this helpful

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C.A.

answers from San Francisco on

This is not about you or your son not being happy. These are safety and sanitary issues. I would immediately report her to the state licensing agency. Depending on what they find, they may close her down.

5 moms found this helpful
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J.B.

answers from Denver on

I believe you do. I think she would be hard pressed to win any sort of small claims suit if she tries to pursue you legally for breach of contract. I would let her know in no uncertain terms that she has failed you as a caretaker and that you will be reporting her to any agencies regulating childcare in your area. That sort of behavior could lead to a worse situation than your son simply being soaked in urine. Could you imagine if he was choking on a toy and she was 2 rooms away not attending to him??

I am so sorry your son has had to deal with this woman and her lack of concern for his safety.

Best luck.

3 moms found this helpful
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A.T.

answers from Oklahoma City on

I must say regarding the child being unsupervised. I ran a home daycare by myself for years. If I had to use the bathroom then I didn't have a choice but to leave them unattended for that time. Not even the parents of the children I cared for expected me not to use the bathroom all day long. Maybe that's what she was doing? As for the covered in urine on more than one occassion, the unlocked doors and people being able to enter at will, that is definately more than enough reason to terminate and not pay her.

3 moms found this helpful
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S.P.

answers from Minneapolis on

Yes. This is cause for a licensing investigation and/or lawsuit, not only for termination of services. I would report her to the state who can then look into it. And I would consider contacting an attorney who will generally advise for free about any legal action that you can take. It may be that you can have some or all of the fees that you paid to her for her "services" be returned to you. This is gross negligence on her part.

Here are the licensing contacts for child care in South Carolina:
http://childcare.sc.gov/main/general/contacts/licensing.aspx#

Good luck.

2 moms found this helpful
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C.S.

answers from Las Vegas on

Document and Terminate. You are within reason.

2 moms found this helpful

B.C.

answers from Dallas on

Don't worry about notice! Get your son out of there asap. I ran in an inhome cc for 2 years and never had any of these things happen at my house.
Diapers were changed on a schedule, kids were not left alone, etc.
Is this a legal childcare? If she's legal, she should be listed on your state's childcare website. You can make a complaint there.

2 moms found this helpful
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M.B.

answers from Dallas on

My goodness, that sounds awful! I would get your son out and file a report with the state! She has to carry a special license to have a certain amount of children in her home. At the very least, her practices should be investigated by the proper branch of government.

2 moms found this helpful
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S.G.

answers from Savannah on

Yes, get your son out of there and I'd also report her to the state! And I sure as heck wouldn't give her 2 weeks notice either!!

S.

2 moms found this helpful

K.B.

answers from Savannah on

YES.

I taught preschool before I had kids of my own and we were on a 2 hour diaper schedule (meaning everyone got a new diaper every 2 hours, even if they needed a change between those times).... and there was NEVER a moment when ANY child was left unsupervised.

My class had 12 children in it each year and I had an aid with me at all times in the room. Thats a ratio of 6 children to 1 adult. I also had another "room helper" who would be with us during meals and snack time to help supervise and clean up.

I realize this is an in-home daycare but STILL. She should have her license revoked for those kinds of issues. A child should never wear a diaper for longer than a 2 hours, especially if it is wet.

You are doing the right thing by removing your baby. And you know what - if she gets frustrated or upset that you're not paying the 2 week notice, tell her she's lucky you don't file a CPS report on her daycare.

Goodness!!!

2 moms found this helpful

M.M.

answers from Chicago on

Oh my God, it breaks my heart to even read this! This is your baby, and the person that you trusted to leave him with is neglecting him, severely! Not to mention the unlocked doors! What would she do if he walked off outside?? What if...oh the list is so long here.

Your child is being endangered by this practice. I'd say you have every right to get him out of there immediately. You might even report her to...someone, I don't know who, about negligent practices.
My God! Reading this terrifies me! You poor thing!

1 mom found this helpful

L.S.

answers from Dallas on

uuummm you have more than enough reasons to take him out immediately without any notice!!! I would be furious as well and would def. contact the state about her or at least let the other parents whose children go there know what's going on!! I once ran an in home daycare and the children were always supervised and diapers were changed on a schedule. Not all in home daycares are like this, truthfully none should be! She obviously does not have any desire to watch kids!

1 mom found this helpful
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I.G.

answers from Seattle on

Terminate your services, do NOT pay her the two week notice and report her to your licensing agency AND CPS. What she did was negligent and could have resulted in serious harm to your child. Your child could have gone outside and ran into the street, be picked up by a stranger without her even noticing or injured himself being left alone in her home for extended periods.
Make sure you document everything that has happened, in case she takes you to small claims court over the two weeks pay.
This person needs to be put out of business!
Good luck!

1 mom found this helpful
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S.W.

answers from Dallas on

I wouldn't think twice about taking my son out of that situation. Sounds like she is obviously neglecting his needs to be cared for and I wouldn't see that she has much room to argue about that with you. Especially since your mom has seen it too. That's horrible. I think I would also feel obligated to contact the other parents too. Scares me to think what could happen--wandering out of the house down the street, etc......

Best of luck to you!

1 mom found this helpful

P.W.

answers from Dallas on

Of course you should terminate immediately and owe nothing. Document everything that has led up to this but don't worry. It is unlikely this woman would jeopardize her daycare by fighting you.

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C.A.

answers from Atlanta on

Not that it matters but what the hell was she doing? There is absolutely no reason your 3 year old son should be left unattended. If she had to take care of something 2 rooms down then guess what - take him with you! Is her child care setting certified by the state? If it is then I would indeed report her if it is not I'm not sure if anything can be done or not you might need to check around on that one.
Furthermore, for your son to be left in a diaper and leak through it.....I mean diapers have come a long way and they hold a heck of alot more than they used to back in the day so if he is leaking through his diaper that means he wasn't being changed on a regularly scheduled basis. Have you documented any of this? Pictures, Video, etc.
I think when my mom left and told me about it the first thing I would have done is snapped some pictures. Pictures speak a thousand words. At this point it is your word against hers. I'm not quite sure what actions you can take against her without the proof. However I would check into it because there surely is some neglect going on. I think you have every right to take your son away from that situation and if she says anything about it tell her like it is. You neglected my son and you are lucky that I don't report you and take your "income" away for good. Let's face it she ain't keeping no kids because she loves and nurtures them -it's only for a paycheck and she made or makes it obvious! It is people like this that make me sick and the whole entire reason mothers have near anxiety attacks to leave their children with an unknown person even in the most trusting atmosphere. In the beginning it is pure trust involved and you are basically handing over your most prized possession to someone you really don't know. Why do you think the government had to get involved with these childcare centers because at some point there was an idiot out there that didn't actually care about the parents or their children. Sometimes having the government involved in some things isn't such a bad thing...the only thing I wish they would regulate is how much these daycare providers charge the parents!! I have always said it should be besed upon income-fair is fair.

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S.K.

answers from Atlanta on

No child should be left unsupervised in a daycare situation-not unless they are much older than your son! Yes, you have reason to terminate your services without paying the 2 week notice!

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S.B.

answers from Kansas City on

new daycare. I know there are times our daycare lady has to run upstairs or into another room, but she does it quickly and the children are never unsupervised for more than 2 minutes. And we've never had a problem with diaper changes like that, except with one horrible lady we had for only a few weeks, where our daughter got a bleeding diaper rash from infrequent changes. I would find one was soon as possible and, if possible, inform other mothers at the daycare and see if they've noticed anything.

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J.K.

answers from Atlanta on

If this person is state licensed, they need to be reported. Contact your state's agency and be sure to report all you've discovered:
http://childcare.sc.gov/main/general/programs/licensing/i...

You have no call to pay this person 2 weeks for termination due to neglect.

Let this person know you will no longer tolerate her abusing your child.

My great blessings, praise, and courage to you for being a strong advocate for your child, and whatever children she's currently neglecting or those that she will in the future. "If not you, who? If not now, when?"

B.C.

answers from Norfolk on

Yes! You are not paying for your son to be neglected. Report her because she is endangering every child under her care. The door is unlocked and an unsupervised 3 year old could just open the door and wander out. Not to mention anyone could walk in and take a child and who would know. Find another sitter for your son immediately and don't take him back to this old sitter ever again.

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G.B.

answers from Tulsa on

Home child care regulations are much less regimented than a regular child care C.. A care giver in the home can even go and take a shower and leave the kids unattended. It is a HOME situation, just like when you are at home, you don't stay in the same room as your kids 24/7. I don't use home child care for these reasons. Your preference sounds like you would be happier with a regular child care C..

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L.D.

answers from Las Vegas on

It sounds like you do. Put all of this in a letter to her as grounds for why you are terminating your contract with her without notice. That way you have documented your reasons for being "unhappy" with her and she will be less likely to pursue it further. Honestly, the word "unhappy," as used in your contract is a very vague and subjective term. If you or you son were unhappy with the way she served lunch at 11:45 one day and 12 noon on another, then it seems like you have reason to cancel the contract.

And I do agree that you should reporter her to your county or state daycare licensing agency for them to investigate. It sounds like a case of too many wet diapers and clothes too often and not enough supervision and safety on a fairly consistent basis. Sounds like something that should be checked into.

I hope that you are able to find a better daycare provider soon.

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M.O.

answers from Chicago on

Absolutely! And I would also call DCFS or the daycare licensing group and let them know all of this. This is an accident waiting to happen. Get your son out of there immediately. Document EVERYTHING with dates, times and circumstances, including all witnesses (like your mom).

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M.H.

answers from Dallas on

It bothers me more that the door is left unlocked than about the diaper. Anyone could have come in and taken your child and she never would have seen them!

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A.P.

answers from Atlanta on

M., being that you signed a contract, I would direct that question to an attorney if I were you. However, if the childrens' safety is a concern then you may want to contact your state child care licensing department to address your concerns.

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S.B.

answers from Atlanta on

I m a daycare provider and it would be the right thing for you to do, if your child was not being cared for, if i was you i would leave soon.

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