How do I enforce child care parent contract?
Understand how to navigate the challenges of enforcing your contract
Introduction
Now that you have a child care parent contract in place, it's essential to take steps to ensure it is implemented effectively and is properly enforced. Part 2 of this guide will walk you through ensuring families and staff clearly understand the expectations associated with the child care parent contract and how to navigate challenges when families violate the agreement.
How can I ensure clear understanding of the contract terms by families and staff?
A contract will only be effective if everyone has and understands the information included in the contract. First and foremost, share the contract with families and staff members, ensuring they have a clear understanding of the terms and expectations.
Collect signed copies of the agreement to formalize the commitment and maintain a record of mutual consent. For new families, take time to review the contract terms together. This will provide an opportunity for families to ask clarifying questions and for any misunderstandings or concerns to be addressed promptly. Make sure that you collect and maintain signed copies of your child care parent contract for every child in your care. Your agreement will contain language that certifies that families have read and understood the agreement at the time of signing.
With staff, make sure that you provide comprehensive training and ongoing communication around program policies. Training should cover specific policies and procedures and facilitate ongoing discussions about challenges, best practices, and updates related to contract enforcement. Consider requiring staff to sign an acknowledgment that serves as evidence that staff members have familiarized themselves with the terms and provisions of the contract and are committed to upholding them. This will allow staff members to affirm their understanding and agreement with the contract, promoting consistency and accountability within the child care program.
What should I do if a parent or caregiver violates the agreement?
Even with the best of intentions and a well-written agreement in place, disagreements between parents and caregivers can still happen. If you suspect that a parent or guardian has violated the terms of your agreement, here are some things you should do:
- Review the contract: Before taking any action, verify that the terms of the agreement have actually been breached.
- Discuss the issue: Contact parents/guardians to discuss the situation and try to reach a peaceful solution. Calmly review the terms outlined in the signed contract and explain how the parent or guardian’s actions do not align with what is written. Give them a chance to bring up concerns of their own as well as a chance to correct the error.
- Document the problem: Keep detailed records of all conversations or interactions with the parents/guardians about the issue, including the date and time of the conversation, what was discussed, and any agreements reached.
- Consider mediation if you need support: If you are unable to settle the problem through direct conversation, mediation may be an option.
- Terminate the agreement if violations continue: The decision of terminating a parent or guardian from a child program is a significant one, but unfortunately is sometimes necessary for repeated violations.
- Seek legal counsel if needed: If you continue to experience issues despite your efforts to settle the matter, legal action may be required.
It is critical to remember that each scenario is unique, and the steps you take will be determined by the exact circumstances of the problem. If you are confused about your options or how to proceed, it is always a good idea to consult with a lawyer or other legal professional.
What should I do when having a difficult conversation with a parent or guardian?
Having these difficult conversations can be frustrating, stressful, and even intimidating for child care business owners but it is critical to take a proactive and constructive approach in order to resolve the situation. Here are some things to keep in mind during tough conversations:
- Communicate openly and respectfully: Try to understand their point of view and be sympathetic to their position.
- Clarify expectations: Remind them of the child care parent contract, what actions are expected, and why.
- Provide solutions: Work together to find a solution that works for both of you, if at all possible.
- Establish boundaries: If tensions rise during the conversation, take a break or resume the conversation at another time when all parties are calm.
- Remember to stay calm and professional at all times: Dealing with difficult conversations can be challenging, but it is important to maintain a positive and constructive attitude.
If I still need to terminate the child care parent contract, what should I do?
After attempting to resolve the issue(s), if you still need to terminate a child care parent contract, having a plan in place is critical. Your plan should outline the steps you need to take to end the contract in a fair and polite manner so that 1) you don’t have to stop and figure out what to do next and 2) the process is consistent and fair.
Here are some steps to consider when terminating agreements:
- Review the child care parent contract: Examine the contract first to check that you are in accordance with the terms outlined in your contract termination policy.
- Inform the parents/guardians: Inform parents/guardians in writing. This notice should include the clear and straightforward reasons for termination, the terms and conditions that were violated, the steps your business took to resolve the dispute, the decision to terminate their contract, and the date by which the termination is effective.
- Provide a fair notice period: If and when possible, allow families a reasonable notice period to make alternate arrangements for the care of their child.
- Make plans for property return: If the family has any property or personal goods at the child care program, make arrangements for their return.
- Reimburse any payments: If applicable, reimburse any fees received in advance for child care services that will not be supplied.
- Obey all applicable laws and regulations: Make certain that all applicable laws and regulations regarding the termination of child care services are followed.
The termination procedure should be handled with kindness and professionalism, since it may be a painful and emotional experience for both the family and the child care provider. Make a record of all communications and interactions with parents/guardians preceding the decision to cancel their contract. Finally, be prepared to respond to any questions or concerns that families may have about the termination in a respectful and compassionate manner.
Though issues may arise from time to time, you can still take the steps to craft a thorough child care parent contract to set clear expectations and minimize the chances of disputes. Investing in a solid contract from the start can help minimize misunderstandings and problems later on, making it a worthwhile investment for all parties involved.
Additional Resources
Disclaimer
The information contained here has been prepared by Civitas Strategies Early Start and is not intended to constitute legal, tax, or financial advice. The Civitas Strategies Early Start team has used reasonable efforts in collecting, preparing, and providing this information, but does not guarantee its accuracy, completeness, adequacy, or currency. The publication and distribution of this information is not intended to create, and receipt does not constitute, an attorney-client or any other advisory relationship. Reproduction of this information is expressly prohibited.