We have our 10-month old child in a home daycare center but want to remove him because we have noticed many unsafe and unsanitary practices. We did have to sign a contract, but we were not provided a copy and we were not allowed to take the contract off the center premises. Over the four week period our son was in her care, we witnessed several "red flags", including picking up our child with soiled clothes when extra sets were available, being told less than 24 hours in advance that the main provider wouldn't be present and had arranged for other caregivers, and worst of all discovering that she had been feeding our child formula beyond its expiration - possibly responsible for an Emergency Room visit and subsequent sickness lasting over a week. Once we confirmed this with her via text message, we informed her that we wouldn't be bringing our child back, at which point she provided the contract showing us we would owe $800 for the upcoming month, despite our child not being in her care for safety reasons. She said that if we don't pay we are in breach of contract and it will go to court, but is she also not in breach of contract for not providing acceptable care?
You certainly have good reasons for removing your child from the daycare. But what your rights are will in part depend on what the contract says and possibly also on NM laws concerning day cares. Hopefully a NM attorney will weigh in on whether there are any applicable laws. As far as the contract goes, someone would need to actually read what it says and be retained by you to advise you. It should have a clause about what is cause for termination and whether there is a fee even if you terminate the contract for cause.
Please note: This answer is not intended and should not be considered as legal advice. Such professional advice requires full disclosure to an attorney of a client’s circumstances and that attorney’s opportunity to analyze those circumstances against applicable law.
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