GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 185
AN ACT TO IMPROVE ENFORCEMENT OF THE CHILD DAY CARE REQUIREMENTS.
The General Assembly of North Carolina enacts:
Section 1. G.S. 110-88 reads as rewritten:
"§ 110-88. Powers and duties of the Commission.
The Commission shall have the following powers and duties:
(1) To develop policies
and procedures for the issuance of a license to any child day-care day
care facility which meets all applicable standards established under this
Article.
(2) To require inspections by and satisfactory written reports from representatives of local or State health agencies and fire and building inspection agencies and from representatives of the Department prior to the issuance of a license to any child day care facility.
(3) To make rules
establishing minimum and reasonable standards for the operation of child day-care
day care homes and the issuance of registration certificates. These
rules shall establish minimum standards of health and safety that will be
required in child day-care day care homes and will recognize the
vital role that parents and guardians play in the monitoring of the care
provided in child day-care day care homes.
(4) Repealed by Session Laws 1975, c. 879, s. 15.
(5) To make rules and develop policies for implementation of this Article, including procedures for application, approval, renewal and revocation of licenses.
(6) To make rules for the
issuance of a provisional license to a child day-care day care facility
and a provisional registration certificate to a child day care home that
does not conform in every respect with the standards established in this
Article and rules adopted by the Commission pursuant to this Article, provided
that the Secretary finds that the operator is making a reasonable effort to
conform to the standards, except that a provisional license or provisional
registration certificate shall not be issued for more than one year 12
consecutive months and shall not be renewed.
(6a) To make rules for administrative action against a child day care facility or child day care home when the Secretary's investigations pursuant to G.S. 110-105(a)(3) or G.S. 110-105.1(a)(4) substantiate that child abuse or neglect did occur in the facility or home. The type of sanction shall be determined by the severity of the incident and the probability of reoccurrence. The administrative actions shall include written warnings and special provisional licenses or registration certificates.
A written warning may be issued which shall specify the any corrective
action to be taken by the operator. The Department shall make an
unannounced visit within one month after issuance of the written warning to
determine whether the corrective action has occurred. If the corrective
action has not occurred, a special provisional license or registration
certificate may be issued.
When a special provisional license or registration certificate is issued, it
shall require specific corrective action. It shall be in effect for no
more than six months from imposition and may shall not be
renewed. The special provisional license or registration certificate and
the letter which clearly states the reasons for the special provisional status
shall be posted where parents can see them. Under the terms of the
special provisional license or registration, the facility or home shall not
enroll any new children until notified by the Department that it is satisfied
the abusive or neglectful situation no longer exists. The Department
shall make three unannounced visits an unannounced visit at least
every eight weeks during the period the special provisional license or
registration certificate is in effect. Specific corrective action required
by a written warning, special provisional license or special provisional
registration certificate, or any other administrative penalty authorized by
this Article may include the permanent removal from day care of the
substantiated abuser or neglecter.
Nothing in this subdivision shall restrict the Secretary from using any other statutory or administrative remedies available.
(7) To develop and promulgate standards which reflect higher levels of day care than required by the standards established by this Article, which will recognize better physical facilities, more qualified personnel, and higher quality programs. The Commission may adopt rules for the issuance of two grades of licenses: an 'A' license for compliance with the provisions of the Article, and an 'AA' license for those licensees meeting the voluntary higher standards promulgated by the Commission.
(8) To develop a procedure
by which the Department shall furnish such those forms as may be
required for implementation of this Article.
(9) Repealed by Session Laws 1985, c. 757, s. 156(66).
(10) To develop rules for the issuance of a temporary license which shall expire in 90 days and which may be issued to the operator of a new facility or to the operator of a previously licensed facility when a change in ownership or location occurs.
(11) To develop rules for the care of sick children in facilities and homes."
Sec. 2. G.S. 110-90 reads as rewritten:
"§ 110-90. Powers and duties of Secretary of Human Resources.
The Secretary of Human Resources shall have the following powers and duties under the policies and rules of the Commission:
(1) To administer the
licensing program for day-care child day care facilities and the
registration system for day-care child day care homes.
(2) To obtain and coordinate the necessary services from other State departments and units of local government which are necessary to implement the provisions of this Article.
(3) To employ such the
administrative personnel and staff as may be necessary to implement this
Article where required services, inspections or reports are not available from
existing State agencies and units of local government.
(4) To issue a license
effective for one year to any day-care child day care facility
which meets the standards established by this Article.
(5) To revoke the license of any child day care facility or the registration certificate of any child day care home which ceases to meet the standards established by this Article and rules on these standards adopted by the Commission, or which demonstrates a pattern of noncompliance with this Article or the rules, or to deny a license or registration certificate to any applicant that fails to meet the standards or the rules. These revocations and denials shall be done in accordance with the procedures set out in G.S. 150B and this Article and rules adopted by the Commission.
(6) To prosecute or defend on behalf of the State, through the office of the Attorney General, any legal actions arising out of the administration or enforcement of this Article.
(7) To promote and
coordinate educational programs and materials for operators of day-care child
day care facilities and day-care child day care homes which
are designed to improve the quality of day care available in the State, using
the resources of other State and local agencies and educational institutions
where appropriate.
(8) To issue a rated
license when any operator of a day-care child day care facility
required to be licensed hereunder or requiring licensure pursuant to
subdivision (11) of this section has satisfied the Commission Secretary
that it has met the voluntary standards developed and adopted by the Commission.
(9) To levy a civil
penalty pursuant to G.S. 110-103.1, or an administrative penalty pursuant to
G.S. 110-102.2, or to order summary suspension of a license or
registration. Such These actions shall be done in
accordance with the procedures set out in G.S. 150B and this Article and rules
adopted by the Commission.
(10) To issue final agency decisions in all G.S. 150B contested cases proceedings filed as a result of actions taken under this Article including, but not limited to the denial, revocation or suspension of a license or the levying of a civil or administrative penalty.
(11) To issue a license or registration certificate to any child care arrangement that does not meet the definition of child day care facility or child day care home in G.S. 110-86 whenever the operator of the arrangement chooses to comply with the requirements of this Article and the rules adopted by the Commission, and voluntarily applies for a child day care facility license or child day care home registration certificate. The Commission shall adopt rules for the issuance or removal of the licenses or registration certificates."
Sec. 3. G.S. 110-91 reads as rewritten:
"§ 110-91. Mandatory standards for a license.
The following standards shall be complied with by all day-care
child day care facilities, except as otherwise provided in this
Article. These shall be the only required standards for the issuance of a
license by the Secretary under the policies and procedures of the Commission
except that the Commission may, in its discretion, adopt less stringent
standards for facilities subject to licensing but which provide care on a
temporary, part-time, drop-in, seasonal, after-school or other than a full-time
basis.
(1) Medical Care and
Sanitation. - The Commission for Health Services shall adopt rules which
establish minimum sanitation standards for day-care child day care facilities
and their personnel. The sanitation rules adopted by the Commission for Health
Services shall cover such matters as the cleanliness of floors, walls,
ceilings, storage spaces, utensils, and other facilities; adequacy of
ventilation; sanitation of water supply, lavatory facilities, toilet
facilities, sewage disposal, food protection facilities, bactericidal treatment
of eating and drinking utensils, and solid-waste storage and disposal; methods
of food preparation and serving; infectious disease control; sleeping
facilities; and such other items and facilities as are necessary in the
interest of the public health. These rules shall be developed in
consultation with the Department.
The Commission shall adopt rules to establish minimum requirements for child
and staff health assessments and medical care procedures. These rules
shall be developed in consultation with the Department of Environment, Health,
and Natural Resources. Each child shall have a health assessment before
being admitted or within 30 days following admission to a day-care child
day care facility. The assessment shall be done by: (i) a
licensed physician, (ii) the physician's authorized agent who is currently
approved by the North Carolina Board of Medical Examiners, or comparable
certifying board in any state contiguous to North Carolina, (iii) a certified
nurse practitioner, or (iv) a public health nurse meeting the Department of
Environment, Health, and Natural Resources' Standards for Early Periodic
Screening, Diagnosis, and Treatment Program. A record of each child's
assessment shall be on file in the records of the facility. However, no
health assessment shall be required of any child who is and has been in normal
health and whose parent, guardian, or full-time custodian objects in writing to
a health assessment on religious grounds which conform to the teachings and
practice of any recognized church or religious denomination.
Each child shall be immunized in a manner that meets the requirements of Article 6 of Chapter 130A of the General Statutes and the pertinent rules adopted by the Commission for Health Services.
Each day-care child day care facility shall have a plan of
emergency medical care which shall include provisions for communication with
and transportation to a specified medical resource, unless otherwise previously
instructed. No child receiving day care shall be administered any drug or other
medication without specific written instructions from a physician or the
child's parent, guardian or full-time custodian. Emergency information on each
child in care, including the names, addresses, and telephone numbers of the
child's physician and parents, legal guardian or full-time custodian shall be
readily available to the staff of the day-care child day care facility
while children are in care.
Nonprofit, tax-exempt organizations that provide prepared meals to day care centers only are considered day care centers for purposes of compliance with appropriate sanitation standards.
(2) Health-Related
Activities. - Each child in a day-care child day care facility
shall receive nutritious food and refreshments under rules to be adopted by the
Commission. After consultation with the Division of Health Services of the
Department of Environment, Health, and Natural Resources, nutrition standards
shall provide for specific requirements for infants. Nutrition standards shall
provide for specific requirements for children older than infants, including a
daily food plan for meals and snacks served that shall be adequate for good
nutrition. The number and size of servings and snacks shall be appropriate for
the ages of the children and shall be planned according to the number of hours
the child is in care. Menus for meals and snacks shall be planned at least one
week in advance, dated, and posted where they can be seen by parents.
Each day-care child day care facility shall arrange for each
child in care to be out-of-doors each day if weather conditions permit.
Each day-care child day care facility shall have a rest period
for each child in care after lunch or at some other appropriate time.
No day-care child day care facility shall care for more than 25
children in one group. Facilities providing care for 26 or more children shall
provide for two or more groups according to the ages of children and shall
provide separate supervisory personnel for each group.
(3) Location. - Each day-care
child day care facility shall be located in an area which is free
from conditions which are deemed hazardous to the physical and moral welfare of
the children in care in the opinion of the Commission.
(4) Building. - Each day-care
child day care facility shall be located in a building which meets
the requirements of the North Carolina Building Code under standards which
shall be developed by the Building Code Council, subject to adoption by the
Commission specifically for day-care child day care facilities,
including facilities operated in a private residence. Such These standards
shall be consistent with the provisions of this Article.
(5) Fire Prevention. -
All day-care facilities shall be inspected annually by a local fire department
or a volunteer fire department, using fire-prevention standards which shall be
developed by the State Insurance Department after consultation with local fire
departments and volunteer fire departments, subject to adoption by the
Commission. Each child day care facility shall be located in a building
that meets the requirements for fire prevention and safe evacuation that apply
to child day care facilities as established by the Department of Insurance,
subject to adoption by the Commission. Each child day care facility shall
be inspected at least annually by a local fire department or volunteer fire
department for compliance with these requirements, except that child day care
facilities located on State property shall be inspected by an official
designated by the Department of Insurance.
(6) Space and Equipment
Requirements. - There shall be no less than 25 square feet of indoor space for
each child for which a day-care child day care facility is
licensed, exclusive of closets, passageways, kitchens, and bathrooms, and such
this floor space shall provide during rest periods 200 cubic feet of
airspace per child for which the facility is licensed. There shall be adequate
outdoor play area for each child under rules adopted by the Commission which
shall be related to the size and type of facility, availability and location of
outside land area, except in no event shall the minimum required exceed 75
square feet per child, which area shall be protected to assure the safety of
the children receiving day care by an adequate fence or other protection;
provided, however, that a facility operated in a public school shall be deemed
to have adequate fencing protection; provided, also, that a facility operating
exclusively during the evening and early morning hours, between 6:00 P.M. and
6:00 A.M., need not meet the outdoor play area requirements mandated by this
subdivision.
Each day-care child day care facility shall provide equipment and
furnishings that are child size, sturdy, safe, and in good repair. The
Commission shall adopt standards to establish minimum requirements for equipment
appropriate for the size facility being operated pursuant to G.S. 110-86(3).
Space shall be available for proper storage of beds, cribs, mats, cots,
sleeping garments, and linens as well as designated space for each child's
personal belongings.
(7) Staff-Child Ratio. -
In determining the staff-child ratio, all children younger than 13 years shall
be counted. The Commission shall adopt rules regarding staff-child
ratios, group sizes and multi-age groupings for each category of facility
provided that such these rules and regulations shall be no
less stringent than those currently required for staff-child ratios as enacted
in Section 156(e) of Chapter 757 of the 1985 Session Laws.
(8) Qualifications for
Staff. - Each day-care child day care facility shall be under the
direction or supervision of a literate person at least 21 years of age. All
staff counted in determining the required staff-child ratio shall be at least
16 years of age, provided that persons younger than 18 years of age work under
the direct supervision of a literate staff person who is at least 21 years of
age. No person shall be an operator of nor be employed in a day-care child
day care facility who has been convicted of a crime involving child
neglect, child abuse, or moral turpitude, or who is an habitually excessive
user of alcohol or who illegally uses narcotic or other impairing drugs, or who
is mentally or emotionally impaired to an extent that may be injurious to
children.
The Commission shall adopt standards to establish minimum qualifications for operators, supervisors, caregivers and other staff who have direct contact with the children. These standards shall reflect training, experience, education or credentialing and shall be appropriate for the size facility being operated according to the categories defined in G.S. 110-86(3). It is the intent of this provision to guarantee that all children in day care are cared for by qualified people but also to recognize that qualifications for good child care may not be limited to formal education or training standards. To this end, the standards adopted by the Commission pertaining to training and educational requirements shall include provision that these requirements may be met by informal as well as formal training and educational experience. No requirements may interfere with the teachings or doctrine of any established religious organization.
(9) Records. - Each day-care
child day care facility shall keep accurate records on each child
receiving care in the day-care child day care facility in
accordance with a form furnished or approved by the Commission, and shall
submit attendance reports as required by the Department.
Each day-care child day care facility shall keep accurate records
on each staff member or other person delegated responsibility for the care of
children in accordance with a form approved by the Commission.
All records of any day-care child day care facility, except
financial records, shall be subject to review by the Secretary or by duly
authorized representatives of the Department or a cooperating agency who shall
be designated by the Secretary.
Any effort to falsify information provided to the Department shall be deemed by
the Secretary to be evidence of violation of this Article on the part of the
operator or sponsor of the day-care child day care facility and
shall constitute a cause for revoking or denying a license to such this
day-care child day care facility.
(10) Each operator or staff member shall truly and honestly show each child in that person's care true love, devotion and tender care.
Each day-care child day care facility shall have a written policy
on discipline, describing the methods and practices used to discipline children
enrolled in that facility. This written policy shall be discussed with, and a
copy given to, each child's parent prior to the first time the child attends
the facility. Subsequently, any change in discipline methods or practices shall
be communicated in writing to the parents prior to the effective date of the
change.
The use of corporal punishment as a form of discipline is prohibited in day-care
child day care facilities and may not be used by any operator or
staff member of any day-care child day care facility, except that
corporal punishment may be used in church day-care religious
sponsored child day care facilities as defined in G.S. 110-106, only if (i)
the church day-care religious sponsored child day care facility
files with the Department a notice stating that corporal punishment is part of
the religious training of its program, and (ii) the church day-care religious
sponsored child day care facility clearly states in its written policy of
discipline that corporal punishment is part of the religious training of its
program. The written policy on discipline of nonchurch day-care nonreligious
sponsored child day care facilities shall clearly state the prohibition on
corporal punishment.
(11) Staff Development. - The Commission shall adopt minimum standards for ongoing staff development for facilities. These standards shall include requirements for ongoing inservice training for all staff.
(12) Planned Age Appropriate
Activities. - Each day-care child day care facility shall have a
planned schedule of activities posted in a prominent place to enable parents to
review it, and a written plan of age appropriate activities available to
parents. Each facility shall have age appropriate activities and play materials
to implement the written plan. The Commission shall establish minimum standards
for age-appropriate activities appropriate for each category of facility as
defined in G.S. 110-86(3).
(13) Transportation. - All day-care
child day care facilities shall abide by North Carolina law
regulating the use of seat belts and child passenger restraint devices. All
vehicles operated by any facility staff person or volunteer to transport
children shall be properly equipped with appropriate seat belts or child
restraint devices as approved by the Commissioner of Motor Vehicles. Each adult
and child shall be restrained by an appropriate seat safety belt or restraint
device when the vehicle is in motion. These restraint regulations do not apply
to vehicles not required by federal law to be equipped with seat restraints.
All vehicles used to transport children shall meet and maintain the safety
inspection standards of the Division of Motor Vehicles of the Department of
Transportation and the facility shall comply with all other applicable State
and federal laws and regulations concerning the operation of a motor vehicle.
Children may never be left unattended in a vehicle.
The ratio of adults to children in day-care child day care vehicles
may not be less than the staff/child ratios prescribed by G.S. 110-91(7). The
Commission shall adopt standards for transporting children under the age of
two, including standards addressing this particular age's staff/child ratio
during transportation."
Sec. 4. This act becomes effective October 1, 1993, and applies to requirements imposed on or after that date.
In the General Assembly read three times and ratified this the 21st day of June, 1993.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives