The Basics of a Parent-Provider Contract

As a family child care provider you are generally free to put whatever you want in your parent contract. There are two exceptions:

Some state child care licensing rules define what should be in your contract, so check with your local child care licensor before finalizing your agreement.

Federal anti-discrimination laws make it illegal for you to discriminate in your contract based on race, color, gender, religion, age, disability or national origin. Your state or local government may add additional categories such as sexual orientation.

Other than these limitations, you can establish whatever rules you want in your contract. All contracts, however, should contain the following four clauses:

1) The names of the parties to the contract (the parent and the parent), as well as the name(s) of the children. Also include contact information for each parent (home and work number, email, etc.).

2) The terms of the contract: the days and hours your program is open and the fees you charge (weekly/monthly rate, holidays, vacations, late fees, holding fees, registration fees, etc.). These are the only rules that can be legally enforced by a court of law. In other words, if you refuse to provide care on a particular day that is covered by your contract, the parent is not legally required to pay for that day.

If the parent refuses to pay for care that is covered by the contract, the provider can go to court to enforce this rule. All your other rules are not legally enforceable. These are defined as policies: illness and emergency policies, activities, meals, naps, toilet learning, discipline, etc. If you or the parent are unhappy because the other person is not abiding by these policies, the solution is to end your agreement, not to take the person to court.

3) The method to terminate the contract. Usually providers require parents to give them at least a two-week written notice before the agreement can be terminated. I recommend that providers should include the language "Provider may terminate the contract at will" in their contract. This allows you to immediately end your agreement if a parent becomes disruptive or the child becomes unmanageable.

4) The signatures of the parent and provider. When both parents are caring for their child, you should get both parents to sign your contract so that it can be enforced against either parent.

Make sure at least these four points are covered in your contract. You can always modify it later. Put your policies in a separate document from the contract.

Tom Copeland - www.tomcopelandblog.com

Image credit: https://depositphotos.com/178580024/stock-photo-cropped-image-businesswoman-reading-contract.html

For examples of contracts and policies, see my book Family Child Care Contracts & Policies.