Parents in Sooke have filed a lawsuit in small claims court against a daycare provider over an arrangement for care where they feel misled, and their position may expose a larger gap in a child care system under pressure.
 
"I do think there needs to be some accountability," says one of the parents, Emily Swan.
 
A notice of claim filed in court shows the group of seven is suing Chelsea Wiegel Denton for a total of $6,010 in deposits paid to secure child care.
 
The claim says, "The person we are suing falsely claimed to be a licensed child care provider. She collected deposits from each claimant with the promise of child care and did not deliver the service, nor is she fit to do so safely. She is not licensed, not honest, and is taking money from families as a scam to her benefit."
 
CTV News has been in contact with multiple families involved in the claim, months after they once felt lucky to get a spot in the provider's care.
 
"I texted her right away because you want to be quick with child care if there's a spot," says Jessica Spisack.
 
She was planning to enroll her son in March 2023 for part-time care on Tuesdays and Thursdays.
 
Spisack says she visited the home twice, paying a $460 deposit after the first one, and was asked to pay another $240 to cover the next month.
 
"I started to feel hesitant putting my child there because there were some safety concerns that we noticed around the property," says Spisack.
 
The mother claims Wiegel also started to lag on a request for paperwork to access provincial subsidies that reduce child-care fees for licensed child-care providers, and she grew skeptical.
 
"I looked her up to see if she was licensed, but I had already put my deposit in. I couldn't pull her name anywhere. I went ahead and I called licensing, they told us there was no one licensed at that address," says Spisack.
 
Spisack confronted Wiegel on 10 Mar 2023 via text, asking for her money back since she was not licensed, and a reply suggests Wiegel anticipated that would change in one to three months.
 
She also tells Spisack she'd return her money, and continues to maintain that in a statement to CTV News months later.
 
"In the contract I gave the families who left, it did not have an obligation period to fulfill if they decided to pull. It didn't even say if the deposit was refundable or not. But I told each family that I would be paying them back since it was a group that pulled out together," says Wiegel.
 
Not all parents paid deposits to secure a spot thinking Wiegel was licensed.
 
Abbey Labertu says she initiated contact after finding the woman on Facebook in July 2022, and had been told Wiegel was working to become licensed.
 
"She was very responsive. She got back to me immediately," says Labertu.
 
She and another complainant in the claim say they started hearing concerns in the community about Wiegel, which she claims didn't add up to her experience.
 
"I was like this doesn't make sense. Chelsea never told me that she was licensed. I knew she wasn't licensed, but she's telling other people that she is licensed."
 
Labertu scheduled another home visit, months away from her anticipated start for child care, and felt the conditions at the property had deteriorated.
 
"After that it was immediate, regardless of what's happening outside of this. Our son cannot attend this place. So I texted her the next day and I let her know we're no longer comfortable with the situation," she says.
 
Labertu says she feels shameful and embarrassed.
 
"No one wants to feel like they got scammed."
 
RCMP has been notified, along with the licensing authority.
 
"Unfortunately there's just nothing that they can do. There's no regulation around the deposits or finances when parents are involved in child care," says Spisack.
 
Licensed child-care facilities are monitored and regularly inspected by regional health authorities in B.C.
 
In the case of prepayments, the province's Community Care and Assisted Living Act says a licensee must deliver a written statement setting out the terms and conditions on which a refund or partial refund would apply.
 
But Licence-Not-Required (LNR) centres are not registered, or licensed, and are not monitored and inspected.
 
The child's guardian is responsible for overseeing the care and safety of their children.
 
"I think some regulation would be good. I still think it would be hard to regulate LNRs. It's someone's business. It's basically how they choose to conduct business," says Emily Swan.
 
None of the allegations have been proven in court.
 
Yvonne Raymond.