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Babysitter Blues
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Babysitter Blues
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-TL |
Babysitter Blues
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(1) hand over the footage to the police department in my small town WHERE HER HUSBAND IS A COP!!!! (how weird is that?) (2) telephone the reference the Nanny provides (I spoke to this reference before hiring her) and tell her what happened to me in the hopes she will either tell parents who call that she can't give a reference anymore or she can't give a *good* reference anymore. Or perhaps the lady calls the Nanny and says, "Please don't use me as a reference anymore." This all presumes the lady doesn't tell me "I don't know you from Adam; she took care of my kid great, so I'm going to keep giving her a good reference." (3) look at the local classified ads of parents seeking Nannies and when I see one she may respond to, call them myself and warn them about "you-know-who" if she should answer the ad. (4) call the local Division of whatever services that handles childcare stuff, but I don't know if they'd have jurisdiction over a private nanny; don't know if you can report your Nanny to them. You can report a parent, but don't know if you can report a Nanny. Anyhow, that place has their hands full already. (5) tell the Nanny that if she ever applies for a Nanny position again, I will go to the police with the footage. In this way, she is dissuaded not to answer any ads. Or, I could simply turn over the footage to my town's Police Department (where her husband is a cop and I hear he is a hot head on temporary suspension right now). Any of the above would put Vietbabe and I at risk of retaliation from one or more crazy people. Oh.....and I didn't mention that in the tape of the hellish day, before Vietbabe woke up from her nap, and right after the video shows me leaving the house for the day, the camera shows the Nanny kneeling down and stuffing her face deep into the cushion-seat of an upholstered armchair which she knows the cat always pees on (right on the seat where she stuffed her face) and starts chanting loudly into the cushion all kinds of deranged stuff which I guess are meant to be a prayer but it sounds like she is talking in tongues and only occasionally removing her head from the seat-cushion to shout up in the air "JESUS MY BROTHER!!!!!". Yep. I kid you not. In a way, it's almost comical to watch it. UNTIL YOU SEE ON THE SCREEN THAT THE BABY MONITOR IS STARTING TO MAKE NOISES AND REALIZE YOUR CHILD IS WAKING UP FROM HER NAP AND WILL BE IN THE HANDS OF CRAZY PENTACOSTAL CAT-PEE SNIFFING LADY AND THERE IS NOTHING YOU CAN DO TO STOP IT BECAUSE IT HAPPENED ALREADY!!!!!!!!!!!!!!!!!!!!. I'm rethinking the whole daycare center thing. There are structured activities there, and lots of workers and other kids. I'm coming to think that the Nanny environment is too conducive to abuse and neglect. There's: (1) a TV to watch what some consider very exciting shows, a telephone to use, books and mags to read, a full refrigerator and the ability to eat any time of the workday, etc.. and on the other side of the equation there is.... (2) a very uninteresting and repetitive 16 month old who doesn't talk, who you don't love, and who wants to pour fake tea over and over and over and over again. Which of the two do you think they will pick? Especially when they know that nobody will likely know which one they picked. For those who think most Nanny's combine the two above, are you satisfied with the relative amount of attend paid to (2)? |
Babysitter Blues
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As to next steps: the nanny I had that did the stupid thing actually did it in such a way that attracted the attention of the DSS. Through that process, I found out the DSS keeps the report and the investigation results on file for her as a provider, which will at least keep her from ever being licensed to provide child care. It doesn't solve the classified ad problem, but if you instigate a report, it might scare her out of pursuing this as a career. Good luck, and please don't feel like you are settling for second best if you find a good, caring center for Viet babe. |
Babysitter Blues
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Was the Nanny given notice that she would be videotaped or that her actions would be monitored? As for telling the Nanny that if she ever applies for a position again that you'll make her life a living hell . . . could the Nanny have a cause of action for blackmail? Interference with prospective business relationships? Defamation? And, is the Nanny the type of person who would haul you into court? |
Babysitter Blues
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1) I'm truly sorry to hear that there was something to Vietbabe's dislike of babysitter. I was hoping that I was wrong. 2) Vietbabe should be fine. My son turned out fine; I'm the one who's traumatized. 3) You are to be commended for quickly acting on your suspicions |
Babysitter Blues
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As for centers - we used a center for three kids, and then went to a nanny at some point. It took a few tries to find the right nanny, but when we did, it was a thing of beauty. But, the center was also great. No dependance on one possible wacko, state-mandated staffing, and generally really nice caregivers, who turned into good friends over the years. We switched to a nanny mostly for cost issues - three kids FT in a center costs. Boy, does it cost. So, I wouldn't rule out the centers. |
parental leave policies
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We have 2 weeks available for anyone with a new kid, and an additional four for the primary caregiver, so with vacation it adds up to 10 weeks of leave. Not the 12 weeks paid advertized by yertle for Boston Biglaw, so there's some variation among Boston Biglaws. We're a Boston/National firm, with Boston as the biggest office but most of our people outside Mass. Ours does not seem to be under short term disability -- curious if there's something being missed here! |
Babysitter Blues
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But you do have to be careful on the nanny-cam front -- if her husband is a cop, and there is anything questionable about taping without knowledge in your state, I'm ready to bet you'll be pretty roundly harrassed and perhaps even prosecuted while she has no repurcussions. On the other hand, I'm sure you've already got the "if she ever hurts a kid how will I feel" voice in your head. I really thing the others who suggested DSS are right -- these people are pretty good at dealing with very difficult situations. The biggest downside is that sometimes you get someone who is just too busy and puts your complaint in the low priority file. I also think just letting the woman know why she's been fired may help - it lets her know she doesn't get away with this stuff. You don't even have to tell her about the tape, you can just tell her you "understand" she did X and Y, and she can think it's a neighbor or something. |
parental leave policies
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Also, WTF is with the "primary caregiver"? How can anyone working full time at a big law firm characterize themselves as a primary caregiver? Or is that the point? STD probably kicks in to cover situations like when the doctor puts a mom-to-be on bedrest for a month or two and other stuff where someone actually has health problems that prevent them from working, rather than being used to cover the first month or two after a normal pregnancy and birth. Note I'm not intending to criticize; it just seems like firms do an awful lot of doubletalk around this stuff. |
parental leave policies
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Lot's of double talk, and my impression is the rules apply mainly to staff and less well thought of associates -- a well thought of associate, and someone figures out how to bend the rules and give them as much as possible. And when it's time to take vacation at Christmas, is there a law firm anywhere that doesn't consider you working if you book a little time whereever you are? And don't all of us book a little time most days on any vacation? The original question was paternity leave, and there I think the answer is, 2 weeks unless you can make a primary caregiver argument, then 6. |
Nannies
The law in my state is clear that nanny cams are totally legal. The audio portion however has not been tested and is a bit of a grey area I suppose considering the federal wiretap laws regarding telephones. Should I be sued in a civil action about it, I don't really care. I know that sounds strange.
I called the Nanny on Saturday morning with my Dad on the phone (also an attorney). At first, only I spoke. I very nicely told her that I was sorry but I would be making other child care arrangements and that I'm sorry, but I'd be terminating her employment. She was pissed. She told me "You have to give me notice." I told her I was, right then and there. She railed how she had left her old job, etc., and at that point my Dad piped in and said, "Hi. I am Vietmom's father and also an attorney. You are being terminated because of the results of the security camera in the home. Please do not pursue anything further or we will pursue things as well." Then we both hung up and that was it. As for her working as a Nanny again, I just got off the phone with an emergency nanny service to get me someone this Monday and Tuesday while I work from home until new Nanny starts. They told me they have someone that JUST called them this past Saturday night and they are interviewing her Monday so maybe she could care for my child on Tuesday or after the interview Monday. I asked for her name. They gave it to me. Yep. It was her. I said I would call back another time and of course I won't be calling back. For Billmore: mild physical stuff, like rapping Vietbabe's hands when Vietbabe was caught playing with the electrical cord (which I watched her play with for one hour while the Nanny slept on the couch; the Nanny awoke, saw Babe with the cord and then rapped Vietbabe's hand and yelled at her, then went back to sleep whereupon Vietbabe continued to play with the cord.) Another time, she woke up from sleeping in a chair and saw Vietbabe on the couch and yanked Vietbabe off the couch by her shirt for no reason (she just didn't want her on the couch). The rest of the tape was Vietbabe trying to get the Nanny to hold her or Vietbabe giving her a book for the Nanny to read to her, and the Nanny yelling at her to not go near the Nanny, to leave her alone and that she is a spoiled child. She'd pick Vietbabe up and put her in a corner and tell her to stay in the corner, then would go back to sleep on the chair or couch. Vietbabe spent the day slumped in the corner weeping. Half the day she wasn't even in the living room where the Nanny spent the ENTIRE day. She was obviously on the second floor b/c I couldn't hear her on the tape. The Nanny continued watching TV or sleeping. She had no idea where Vietbabe was. She did not feed Vietbabe lunch or dinner. Instead, the Nanny ate Vietbabe's food (like Mac and Cheese) while sitting on the couch watching TV. She tossed V-babe some crackers (on the floor where Vietbabe was sitting as per Nanny's instructions all day) but when Vietbabe finished them and was still hungry, she went towards the mac and cheese the nanny was eating and the Nanny pushed her hands away and said "No!!": When I got home, she told me about all the Mac and Cheese Vietbabe had eaten and (to explain the absence of the one pack of crackers I had left on the counter) she said, "Vietbabe is sure a snacker; she ate all the crackers for desert". The whole day she did not look at Vietbabe. When Vietbabe stood in front of her with upstretched arms, she would cross her own arms and shake her head in annoyance like "Ugh. What a pain in the ass." When Vietbabe put her hand on the Nanny's thigh with a stuffed animal to have her play with it with her, the Nanny yelled at her to stay away and then got up and went to sit on the armchair which is small enough so that Vietbabe would not be able to climb on it to bother her. When Vietbabe went near the Nanny's legs, the Nanny would curl up her legs and sit on them so they couldn't be touched, all the while never taking her eyes from the TV. So there it is. Actionable or not? I don't know. VietMom |
Nannies
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Nannies
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Vietmom, I wish you well in your search for child care. |
Eavesdropping Laws/Attorney Ethics Violations
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As for the legality of a person listening in to a call -- my understanding of my state's law is that during a phone conversation, one of the parties to the call is free to tape the call (or allow someone to eavesdrop in on it) without the other person's knowledge. The rule is that one person to the conversation must consent to the taping. In that case, the person doing the taping or allowing the evesdropping (me) would be giving the consent. So it's legal. This may sound like not much of a law protecting conversations, but it is when you consider a conversation between two people (like mob bosses discussing a crime) and the feds wiring into the call to listen to it without either of the mob bosses knowing about the eavesdrop. In my case, I consented to the eavesdropping by my father. I suspect Bilmore may have a better idea on the general law in this area though I do think it is to some extent a state by state issue. As to my father's potential attorney-ethics issue, I would think it would be entirely proper to want my own father on the phone call wherein I fired the crazy woman and asked her not to come to my home anymore. It was important to me to have someone else on the call not just for moral support, but so that someone else heard me be clear about my wishes for her to stay away. (Think here about if I were married and called her and then my husband piped in. Maybe she would have originally thought it was just me on the phone but probably wouldn't be surprised if my husband chimed in. When a wife calls someone especially concerning care of their child, would it be illegal if she didn't announce in the begining that both parents were on the phone line?) When she started saying I couldn't fire her without notice (presumably she meant "advanced notice" as I was surely giving her notice) and badgered me why I was doing this and such, I think it was ok for my Dad to simply say she was being fired due to the results of the security camera (which is slam dunk legal in my state). He probably didn't need to say he was an attorney but I think he was in his own way letting her know that it was legal to have taped her and fire her as a result of it. Not sure what you mean by the perception of intimidation. Dad's a civil attorney (transactional) and the Nanny knows it. The only attorney that could do her harm would be a prosecutor. Unless of course, we were planning on a civil action for monetary damages against her which we are not. Not even if she had a deep pocket. I guess I have a hard time thinking my state bar would have a problem with what I did. I simply called and fired (without yelling or anything) the lady to whom I had paid $150 for her to fail to supervise and cruelly neglect my child, and had Dad on the phone b/c the whole thing was upsetting. She had the nerve to ask why she had been fired and I think it was ok for Dad to tell her it was b/c of the security cam and to stop pursing this line of suggesting I can't fire her without advance notice, blah blah blah, lest we pursue it further ourselves. Now, maybe I'm just too close to all this to see the potential attorney-ethics violation here. To me, it doesn't seem like a problem. But I'm more than open to thoughts otherwise. I sure don't want my license yanked. Boy would that suck. Quote:
If it were you, what would you do? And what about the knowledge I have that this lady picked up the phone hours after I fired her to try to get another child care position? At this point, on the topic of this whole terrible episode, I am inclined to (besides posting long annoying messages here) simply turn the tape over to "someone" and be done with it. Perhaps others would actively try to warn other parents about this woman. My goal is to at least try to stop this from happening to another child, but not so actively that I risk pissing this unstable person off and having her show up with her husband's gun (he's a cop) and blow our brains out or something. Vietmom (Going to Florida with the Babe to visit the Rents) |
Law in state/Consent on Behalf of Minors?
In my state, it looks Nanny cams with both video AND audio are allowed. I'd need to get the actual case though.
http://www.knowyournanny.com/LANDMARK%20PAGE.HTM On the audio issue, regarding the verbal interaction between the Nanny and Vietbabe, the law clearly says that taping is ok if one of the parties to the verbal interaction consented to the taping. In this case, can it not be said that as a minor, I consented to the taping on behalf of Vietbabe? |
Eavesdropping Laws/Attorney Ethics Violations
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Given that this is not an option, I would have immediately made an appointment with an attorney who specializes in such matters -- primarily to ask him/her what is actionable, what my rights are, the legality of what I have done in gathering information (i.e., the Nanny-cam), etc. Then I would call the Nanny, on my attorney's speakerphone, wherein at the beginning of the conversation, I would tell the Nanny that I have my attorney listening in. At the end of the conversation, I would advise the Nanny to get an attorney of her own if she had any problems and wanted to challenge my actions. Did the Nanny have a written employment contract with you? If so, did the contract say that she could be dismissed at anytime with or without reason? As for this Nanny taking another job, I would not take any further action until I have consulted with a lawyer. Indeed, she might get the police dept. to harass you, or she might sue you for frivolous reasons just to make your life miserable. Just report her to the social services people and let them take care of it; there is no reason for you to take on the burden of saving the world. |
Eavesdropping Laws/Attorney Ethics Violations
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Your state's reporting law might give you some indication as well whether you are free to share this information with nanny agencies, such as the one she called right after you fired her. Again, good luck. Don't lose sleep over the bar ticket. Even if it were technically improper (which I still don't see), I can't imagine the bar overseers doing anything of consequence under the circumstances. |
Eavesdropping Laws/Attorney Ethics Violations
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She's fired. That's it. End of story. Viet-mom, I do wonder about the part of your tale where you mention that the temp agency was about to send the same nanny to you. Did you not tell them that you just had the same nanny? It seems unfair to the agency and to the next family that gets her. I don't think you need to be explicit; but I do think you should tell them that she was your former nanny and that she was unacceptable. In most states (all that I'm aware of, but then I haven't canvased the entire US), statements by employers about former employees in the context of a recommendation enjoy a limited privilege against defamation claims. This would cut short any potential action against you. I echo the recommendation to go to Social Services. They have the best chance of getting her out of the system. They have the best chance of documenting any pattern. If you don't call now, then when the next family calls, DSS won't see a pattern. It would be horrible if the first indication DSS had of a problem was some kid's injury or death. While you're on the phone, you might ask if they provide information on nannies to the public (i.e., can you check your next nanny with them to see if she's got a complaint). No idea if anyplace does this, but I'm curious. |
Nanny nightmares
My mother and I have been fighting of late over my decision to put the Brazenette in day care rather than at home with a Nanny.
I think I'll have her read the recent posts in this forum to make her understand why I chose to go the way I did. VietMom, I am so sorry for what you and the Babe have been through. Hug her extra tight, and remember that you have always tried to do what is best for her. |
Nanny Nightmares
So sorry to hear about the nanny issues; and perhaps others are right in suggesting day care.
I want to speak up for the good nannies, though. We hired a woman when my first child was a newborn. All I can say about hiring her is that she felt right when I saw her with the baby. She was our first and only nanny, who took care of the kids for 10 years until they were both in school. They didn't watch TV, but spent a lot of time at the local park, hanging out with other kids and nannies. And nanny was truly a good and patient person - better than I am at playing baby games for hours on end. The hardest part of their relationship was that the kids and nanny truly loved each other, and the eventual separation was emotionally difficult, although they still visit from time to time. I know other families here with similar stories, so it isn't impossible to find the right nanny. |
Babysitter Blues
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On the childcare issue you raise -- we use a day care provider who has just a couple of children at a time -- seems to be working wonderfully. She is an employee, essentially, of a network of day-care providers in the area. The network (which is a franchise of a national operation) screens providers, ensures that back-up providers are always available, and imposes certain standards. We get a little written report every day on food eaten, diapers, and activities. The woman has no TV. Our toddler _loves_ her. Good deal. It is pretty expensive for "day care" -- about half of what you said you were paying the first Nanny. On the nanny subject -- We've never had a nanny, but one of my best friends has been a professional Nanny for about 23 years, and through her I've met several. The deal is that good, experienced Nannys are quite expensive - are rare in most parts of the country -- and are for the most part people who have chosen child-care as a career _because_ they love little kids. You're absolutely right that the system is rife with possibilities for abuse -- and I view every adult as a possible abuser -- but it is far from inevitable. S_A_M P.S. If the woman abused your child, my advice would be to report her to the police (in addition to firing), assuming that the Nanny-cam was legal. |
Eavesdropping Laws/Attorney Ethics Violations
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I think having something written down which explains both parties' rights and obligations is a Good Thing, mainly because it educates the lay person employee of what is expected of him/her and what rights (or lack thereof) he/she has (or lacks). And if the Nanny-cam is completely legal in your jurisdiction, I would include a clause in the contract which says: "In accepting employment, you hereby consent to being recorded," which puts the Nanny on notice. The existence of such a clause might even prompt some unfit Nannies to avoid working with you. p(This may be overkill or whatever, but I would NOT hire a Nanny without her having signed a contract. But maybe I'm a freak who needs everything in writing. Heck, while taking property during my 1L year, I was inspired to negotiate a very, very minor modification to my lease -- I typed up an addendum to the lease, presented two copies of the attachment and had the landlord sign and date each one, and gave one copy to my landlord and kept one in my file cabinet. The landlord, who was a grandmotherly type, thought that it was cute that I was being "all-lawyerly" and gladly went along with my fussing.)c |
Eavesdropping Laws/Attorney Ethics Violations
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I find it wiser to simply leave things be when they are to my advantage. Let the nanny go try to hire a lawyer to sue me. It isn't going to happen. I understand the concept of making sure everyone understands their rights and responsibilities going into a contract, but I think in this context it is overlawyering. |
Epilogue
I can't thank you all enough. This is a damn good forum for the combo childcare/lawyering advice I've needed so sorely this week. I thought you'd all get a kick out of the "end" of the story.
Having obviously fired the Monster on Saturday, I now needed childcare for this week until new gal starts Monday. I immediately phoned a highly advertised service that provides Nannies on an emergency basis. I paid for a Nanny for Monday and Tuesday (yesterday and today). Nanny showed 1 hour late on Monday, then heated the chicken nuggets in the microwave for 10 minutes wrapped in a papertowel instead of 10 seconds. The towel caught fire. Fireman and all at the house. Meanwhile, I had woken up with the stomach flu so I was barfing all day. Badly. The next day (today), nobody showed. Instead, my phone wrang off the hook from 7 am onward -- the owner of the emergency nanny company calling to tell me she didn't think the nanny would be at my house today because she's discovered the nanny is not really responsible and will be fired by the company, and it's not the company's fault, and trying to tell me her life story. Meanwhile, the Nanny herself is phoning me at the same time telling me what a "psycho" the owner of the company is, yada yada yada. And I'm holding a kid and running to barf. LOL!!!!! Three hours later, the owner of the company shows up sobbing at my door and wants to tell me why her business is so great and this is all such an anamoly (which I spelled wrong I'm sure). [I don't even know this woman. Just ordered up a Nanny on Saturday via phone]. Meanwhile, I haven't even fed my kid because I'm fielding phone calls all morning (and making them too - trying to find backup childcare for my backup child care that fell through). I tell the lady nicely that a nanny business is surely hard to run, I wish her luck, but please leave now. Later in the day I am getting hounded by phone calls from a non-English speaking person wanting to confirm my address. The phone is ringing all day. What the heck is going on? The guy finally just shows up at my house and he's carrying flowers (um...thanks for waking my kid up from her nap). Flowers are from the emergency nanny company saying sorry. I thought I ordered a Nanny for yesterday and today but instead my house is filled with ringing phones, smelly florist deliverers, fireman, BUT NO NANNY. LOL. I give up. The house is a wreck, its still smoky from the fire and I've barfed everywhere. I called a cleaning service and am now running to Mom and Dad in Florida. If it had not been for the Monster sitter from hell, this week would be in retrospect quite funny. Can't wait to laugh about it with Vietbabe when she's old enough to share a bottle of wine with me. Have a great work week!! |
Epilogue
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No offense viet_mom but with all the strange people that you have described as living in your small town, I feel like I am witnessing an episode of a David Lynch show. aV |
Epilogue
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Seriously, you're like freakin' Job over there. Hope you feel better soon. You're overdue for some good karma. |
Mom of the Week
Viet Mom, you deserve the Mom of the Week Award. I'm just glad that the Babe is safe, and that she has a mommy who loves her, and that your house didn't burn down.
PS, now might be a good time to pick up some Febreze. |
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Epilogue
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Panda's in the club!!!
In light of the Viet Mom sitcom episode, I wonder what I've gotten into. Nonetheless, it's too late to turn back now - we recently welcomed into the world our very first little panda cub! Mom and cub are doing well, as shown below:
http://images.allposters.com/images/pa/6445016.jpg Sleep...I remember sleep..... |
Panda's in the club!!!
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Panda's in the club!!!
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Ask me about vomit. No, seriously . . . |
Panda's in the club!!!
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Bilmore -- what can you tell me about vomit? |
Panda In The House
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Vietmom (who is, along with her Babe, suffering the adjustment to day care having returned home from Florida to discover the new Nanny had decided to be a stay at home Mom instead of starting work. Goodbye Nannies. Hello http://www.kindercare.com |
Panda In The House
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Granted, it certainly doesn't smell like vomit. And it doesn't smell bad. But "good"? Love is a many splendored thing. |
Panda's in the club!!!
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Panda's in the club!!!
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Footage; Cottage
Does anyone know if there is a place one can bring those little tapes on which we we record videocam footage of our kids doing such fab things and walk out a few minutes later with the footage on a DVD? Anytime I ask about what to do with these little tapes I end up overwhelmed with all this talk about buying this and that and doing stuff on the computer. Can't I just give it to someone and they give it back on DVD? I don't need to edit in Frank Sinatra songs to the backdrop or other stuff (NTTAWWT).
Final question of the day, to daycare center parents: do children really learn to sleep on those awful cots used for naptime, to wit: http://www.ncpg.net/cot33.jpg Vietbabe passed out for 15 minutes on it, rolled over and fell off it and was not pleased at all. Also - for those of you (if there are any) that converted from Nanny care to daycare center, will I ever get over the feeling that I've just stuck my kid back in an orphanage? |
Footage; Cottage
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If you pick a day to drop in at a random time during the day (mid morning or mid afternoon), you will quickly feel less like you are leaving her at an orphanage. Drop off time can be traumatic, because there's more crying and carrying on; mid morning or mid afternoon, you are likely to see more of the fun stuff they actually do all day. If its possible, too, hang out for 10 minutes when you pick up- idle chit chat with the teachers can help you get a much better picture of their day. My kids went to a kindercare; for the most part, I've been very happy with the center, though each age room is different. I find in mine their turnover is higher in the older (preschool and K) rooms, which has been somewhat less than optimal, but I was very happy with the 1-3 year old programs, and my son did get quite attached to several of his teachers. And when you get to preschool, pre-k, there are a lot more options out there to choose from anyway. edited by Not Bob to fix the quote tag. |
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