Are You Obligated to Continue Caring for a Child?

Do family child care providers have a legal obligation to continue caring for a child in their program?

That's the question a provider asked me today.

She has cared for two children from one family for almost four years. The parents pay on time and follow all of her guidelines.

The problem is that the children are creating a lot of stress for the provider, her husband and their assistant.

The children won't follow directions, the infant screams and there doesn't appear to be anything they can do that makes a difference.

The provider is concerned about how these children's behavior is affecting the other children and her own family.

For most family child care providers it's the parents who are usually the cause of stress, not the children.

In this case it's the children.

What to do?

First, providers are under no legal or moral obligation to continue to care for all of the children in their program.

Second, providers should do what they can to try and meet the needs of every child in their program. Sometimes this may mean asking for outside help on how to deal with difficult children.

In my experience, providers generally go out of their way to try and make things work with the children in their care.

If particular children aren't responding well and you've done everything you can, and the situation is creating a high level of stress for you, it's probably in the best interests of everyone that you terminate your agreement.

If your contract requires you to give them a notice, then follow your contract. Otherwise, you can terminate your agreement at any time.

I always recommend that providers include this language in their contract: "Provider may terminate at will."

Assuming that you have talked with the parents a number of times about the problems you are having with the child, and you are at the end of your rope, it's time to terminate your contract.

Here's some examples of language you might consider using when you tell the parents that you can no longer provide care for their child.

* “I don’t think this is the best place for your children anymore."

* "I’m not able to provide the type of care I think your children should be getting.”

* "Your child does not seem happy in my program and I don't know what else I can do that would make a difference."

When you talk to the parents about terminating your agreement, don't say anything that blames the parent or child. It's not their fault. Focus on the fact that you are not the best caregiver for their child at this time.

If the parent is upset, contact your licensor and explain that you terminated a family who is now very unhappy. You want your licensor to hear about this first from you, in case the parent makes a complaint.

What do you say to a parent when you are ready to terminate their contract because of the stress surrounding the care of their child?

Tom Copeland - www.tomcopelandblog.com

Image credit: https://www.flickr.com/photos/bcgovphotos/41433654620

For more information, see my book Family Child Care Contracts & Policies.