Legal Question in Business Law in Maryland

I had enrolled my 3yr old in daycare in July2011. Everything was great! She lloved going to daycare. In October, I had a baby and started the baby in the same daycare in December. Starting in February, my 3yr old changed. She was absolutely TERRIFIED of going to daycare. I had to bribe her just to get her in the door. Once we were in, she tried to hide. My daughter's school e-mailed me and said she did not want to get back on the bus to go back to daycare. This is very out of character for her. My daycare provider had told me one day that my 3yr old was getting on her last nerve. I didn't like that comment. There have been 2 occasions that she has told me about where she did not let my 3yr old take a nap. Once, she told me that she was falling asleep sitting up so my daycare provider reached over, yanked on her pony tail and said "Get up". This is inappropriate. At this time, I started searching for new daycare because my contract states that I need to give 30days wrtten notice. Just last week, I got there to pick up my daughter's and my 3yr old was pointing to her butt and grunting. (She does not talk) I changed her diaper while I was there and my daycare provider told me that she ran out of her diapers but she had smaller ones. As She was telling me this, I was wiping the poop off my daughter's butt. It was dry and stuck on her like it had been there for hours. The next day, I went to pick them up as usual. (Drop off is 7:00am and this specific day I got there at 5:38pm) I got home with my girls and took my 3yr old's diaper off so she could use the potty. (Im trying to potty train) As I took off her diaper, I notice that it is the exact same diaper that I have here at home. Same size, brand, and design. How is this possible when she told me the day before that she did not have any more her size? So the next day, I videotaped a new diaper in the morning, videotaped me putting a mark on it and the date and time so that way I would have proof if she were to come home in the same diaper. Well, I went to go pick them up and my daycare provider changed her diaper in front of me. She went over to where she keeps the diapers and say, "Lets see what size diapers I have." She got a size 4. My daughter wear's a size 6 at home but the other day I had told her that the size 4 would be fine for now. I sent her a certified letter terminating all future care and payments. Can she still sue me and win?


Asked on 4/07/12, 5:39 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Since you are only potentially responsible for 30 days of charges, it would not make sense for the provider to sue you for the small amount of money involved. But in either situation, it sounds like you consider the arrangement to be detrimental to your children, so you really have no choice. I suspect that a judge in small claims court hearing your complaints would be sympathetic.

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Answered on 4/09/12, 6:56 am


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