reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2200 - ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES › Section 09 .2201 - ADMINISTRATIVE ACTIONS GENERAL PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Upon a finding that a child care facility operator has violated any provision
				of G.S. 110, Article 7, the rules of this Chapter, or
				10A NCAC
				10, the Secretary or his or her designee may
				order one or more administrative actions. The administrative actions include:
(1) a written reprimand as set forth in
				Rule.2202 of this Section;
(2) a
				written warning as set forth in Rule .2203 of this Section;
(3) a provisional child care facility license
				or provisional notice of compliance not to exceed 12 months as set forth in
				Rule.2204 of this Section;
(4) a
				special provisional child care facility license or special provisional notice
				of compliance not to exceed six months and may include a limited enrollment
				restriction as set forth in Rule.2207 of this Section;
(5) a probationary child care facility
				license or probationary notice of compliance not to exceed 12 months as set
				forth in Rule.2205 of this Section;
(6) revocation of the child care facility
				license, or an order to cease operation to operate a child care facility as set
				forth in Rule.2209 of this Section;
(7) summary suspension of the child care
				facility license, notice of compliance, or other permit to operate a child care
				facility that results in immediate closure of the facility as set forth in Rule
				.2213 of this Section;
(8) denial
				of an application or child care facility license as set forth in Rule.2215 of
				this Section; and
(9) suspension of
				the child care facility license, notice of compliance, or other permit to
				operate a child care facility not to exceed 12 months and results in closure of
				the facility on the date of the order as set forth in Rule.2206 of this
				Section.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2200 - ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES › Section 09 .2202 - WRITTEN REPRIMANDS

Current through Register Vol. 39, No. 2, July 15, 2024
A written reprimand may be issued to an operator for any of
				  the criteria set forth in Rule.2203 of this Section for which the Division has
				  determined that no corrective action plan is required using the factors
				  contained in Rule.2201(b) of this Section.
Authority
				  G.S.
				  110-88;
				  110-90;
				  110-102.2;
				  143B-168.3;
Eff.
				  July 1, 1988;
Amended Eff. April 1, 2001; August 1, 1990; November
				  1, 1989;
Readopted Eff. February 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2200 - ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES › Section 09 .2203 - WRITTEN WARNINGS

Current through Register Vol. 39, No. 2, July 15, 2024
A written warning, which shall include a corrective action
				  plan, may be issued to an operator in regard to any violation including, but
				  not limited to, these situations:
(1)
				a substantiation of one or more violations as a result of a complaint that do
				not meet the criteria for a maltreatment finding in accordance with
				G.S.
				110-105.3(b)(3) but for
				which corrective action is needed;
(2) citation of 16 or more violations of
				separate rules in a single visit where the operator does not meet the criteria
				of other administrative actions set forth in this Section; or
(3) citation of one of the following
				violations on two consecutive visits:
(a)
				supervision of children;
(b)
				discipline, nurture, or care of children;
(c) staff/child ratio;
(d) group size;
(e) licensed capacity;
(f) permit restriction;
(g) CPR training;
(h) First Aid training;
(i) ITS-SIDS training; and
(j) criminal record check requirements
				regarding pre-service and three-year reassessments in accordance with
				G.S.
				110-90.2(b).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2200 - ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES › Section 09 .2204 - PROVISIONAL CHILD CARE FACILITY LICENSE OR PROVISIONAL NOTICE OF COMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
A provisional child care facility license or provisional
				  notice of compliance may be issued to an operator for any period of time not to
				  exceed 12 months in accordance with the factors listed in
				  10A NCAC
				  09 .2201(b) for, among other
				  things, the following reasons:
(1) a
				substantiation of one or more violations of the child care requirements set
				forth in this Chapter as a result of a complaint that does not meet the
				criteria for a maltreatment finding pursuant to
				G.S.
				110-105.3(b)(3) but for
				which more than three months is needed to monitor for corrective action
				implementation;
(2) to allow a time
				period for correcting a violation of the building, fire, or sanitation
				requirements;
(3) to allow a time
				period for remediation of an identified lead poisoning hazard as defined in
				G.S.
				130A-131.7(7) or remediation
				of an asbestos hazard, regardless of whether a provisional sanitation
				classification has been issued;
(4)
				to allow a time period for correction of an administratively dissolved
				corporation status from the North Carolina Secretary of State;
(5) when the compliance history of the
				facility drops below the minimum requirement set forth in
				G.S.
				110-90;
(6) change of location of a child care
				facility without proper notification to the Division as specified in Rules
				10A NCAC
				09 .0204(b),
				09 .0403(a), and .1702(d);
				or
(7) pattern of
				noncompliance.
Authority
				  G.S.
				  110-88(6);
				  110-90;
				  110-99;
				  143B-168.3;
Eff.
				  February 1, 2019;
Amended Eff. February 1,
				  2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2200 - ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES › Section 09 .2205 - PROBATIONARY LICENSE OR PROBATIONARY NOTICE OF COMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
A probationary license or probationary notice of compliance
				  may be issued to an operator for any period of time not to exceed 12 months in
				  accordance with the factors listed in
				  10A NCAC
				  09.2201(b) for the following
				  reasons:
(1) a violation of any
				section of the G.S. 110, Article 7 of this Chapter that has been willful,
				continual, or hazardous to the health or safety of children;
(2) the operator has failed to comply with
				the terms of a corrective action plan issued with a written warning or
				provisional license or notice of compliance; or
(3) when, in accordance with
				G.S.
				110-105.3, the Division determines that child
				maltreatment occurred in a child care facility and there is a pattern of
				noncompliance.
Authority
				  G.S.
				  110-88;
				  110-90;
				  110-102.2;
				  143B-168.3;
Eff.
				  July 1, 1988;
Amended. Eff. April 1, 2001; November 1,
				  1989;
Readopted Eff. February 1, 2019 (Transferred from
				  10A NCAC
				  09 .2204).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2200 - ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES › Section 09 .2206 - SUSPENSION

Current through Register Vol. 39, No. 2, July 15, 2024
A suspension of a license or suspension of a notice of
				  compliance may be issued to an operator in accordance with the factors listed
				  in 10A
				  NCAC 09 .2201(b) for a time
				  period not to exceed one year for the following reasons:
(1) the operator of the child care facility
				is a corporate entity that has been placed under revenue suspension by the
				North Carolina Secretary of State;
(2) when the Division has issued a
				provisional child care facility license or notice of compliance related to
				building, fire, or sanitation requirements and the operator has failed to
				comply;
(3) to allow a specific
				time period for correcting a violation of building, fire, or sanitation
				requirements, provided that the appropriate inspector documents that closure of
				the child care facility is necessary to protect health or safety of children
				during correction;
(4) when a
				facility is required to test for lead poisoning hazards as defined in
				G.S.
				130A-131.7(7) or asbestos
				hazards or the Division has requested such testing to determine compliance with
				10A NCAC
				09 .0601(f) or
				10A NCAC
				09 .1707(2) and an operator
				has failed to test for lead poisoning hazards as defined in
				G.S.
				130A-131.7(7) or asbestos
				hazards; or
(5) when a disapproved
				sanitation classification is issued to a child care facility. The suspension of
				a child care facility license or suspension of a notice of compliance shall not
				be stayed during the pendency of an appeal.
Authority
				  G.S.
				  110-88;
				  110-90;
				  110-102.2;
				  143B-168.3;
				  150B-3;
Eff. July 1,
				  1988;
Amended Eff. April 1, 2001; November 1989;
Readopted Eff. February 1, 2019 (Transferred from
				  10A NCAC
				  09 .2205);
Amended Eff. February
				  1, 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2200 - ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES › Section 09 .2207 - SPECIAL PROVISIONAL CHILD CARE FACILITY LICENSE OR SPECIAL PROVISIONAL NOTICE OF COMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When the
				Division determines that child maltreatment has occurred in accordance with
				G.S.
				110-105.3, the Division may issue a special
				provisional license or special provisional notice of compliance to an operator
				for a period not to exceed six months.
(b) A limited enrollment restriction may be
				included on the special provisional child care facility license or special
				provisional notice of compliance that prevents new children from being enrolled
				during the special provisional time period until the Division is satisfied that
				unsafe conditions no longer exist.
Authority
				  G.S.
				  110-88;
				  110-90;
				  110-105.3;
				  110-105.6;
				  143B-168.3;
Eff.
				  February 1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2200 - ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES › Section 09 .2208 - REPEALED - CIVIL PENALTIES: SCOPE AND PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-90(9);
				  110-103.1;
				  143B-168.3;
Eff.
				  January 1, 1986;
Amended Eff. April 1, 2001; November 1, 1989;
				  January 1, 1987;
Repealed Eff. February 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2200 - ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES › Section 09 .2209 - REVOCATION OF A CHILD CARE FACILITY LICENSE OR AN ORDER TO CEASE OPERATION

Current through Register Vol. 39, No. 2, July 15, 2024
Revocation of a child care facility license or an order to
				  cease operation may be issued to an operator in accordance with the factors
				  listed in
				  10A NCAC
				  09 .2201(b) for the
				  following reasons:
(1) child
				maltreatment has occurred in a child care facility and harm occurred as set
				forth in Rule .2201(c)(2) of this Section;
(2) more than two determinations of child
				maltreatment have occurred at a child care facility within three
				years;
(3) violation of any section
				of G.S. 110, Article 7 or the Rules of this Chapter or
				10A NCAC
				10 has been willful or continual as evidenced
				by:
(a) a pattern of noncompliance, and the
				operator has not made efforts to correct repeated violations or is unable to
				comply; or
(b) the operator has
				failed to comply with the terms of a corrective action plan issued with a
				special provisional or probationary license or notice of compliance;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2200 - ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES › Section 09 .2210-.2212 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-90(9);
				  110-103.1;
				  143B-168.3;
Eff.
				  January 1, 1986;
Amended Eff. July 1, 1988;
Pursuant to
				  G.S.
				  150B-21.3A, rules Expired June 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2200 - ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES › Section 09 .2213 - SUMMARY SUSPENSION

Current through Register Vol. 39, No. 2, July 15, 2024
The Division may issue a summary suspension of a child care
				  facility license or notice of compliance to an operator if the agency finds
				  that the public health, safety, or welfare requires emergency action. The order
				  shall be effective on the date on the date specified in the order or on service
				  of the certified copy of the order, whichever is later, in accordance with
				  G.S.
				  150B-3. The order shall be effective during
				  proceedings to suspend or revoke the child care facility license or during
				  proceedings to cease operation of a facility with a notice of compliance.
				  Administrative actions summarily suspending a child care facility license,
				  notice of compliance, or other permit to operate a child care facility shall
				  not be stayed during the pendency of an appeal pursuant to
				  G.S.
				  150B-3(c).
Authority
				  G.S.
				  110-88;
				  110-90;
				  110-105.6;
				  143B-168.3;
				  150B-3;
Eff. July 1,
				  1988;
Amended Eff. April 1, 2001; November 1, 1989;
Readopted Eff. February 1, 2019 (Transferred from
				  10A NCAC
				  09 .2207).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2200 - ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES › Section 09 .2214 - SCHEDULE OF CIVIL PENALTIES FOR FAMILY CHILD CARE HOMES

Current through Register Vol. 39, No. 2, July 15, 2024
Penalties may be assessed against family child care homes as
				  defined in
				  G.S.
				  110-86(3)(b) as
				  follows:
(1) A civil penalty in an
				amount up to one thousand dollars ($1,000) may be imposed for the following
				violations:
(a) When the Division has
				determined that child maltreatment occurred while a child was in care at the
				family child care home; or
(b)
				Willful, repeated pattern of non-compliance with any requirement.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2200 - ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES › Section 09 .2216 - AMOUNT OF CIVIL PENALTIES FOR CHILD CARE FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The amount of the penalty assessed to an
				operator shall be based upon the following:
(1) willful or negligent noncompliance by the
				operator;
(2) extent of deviation
				from the rule or law;
(3) evidence
				of effort to comply;
(4) harm or
				risk of harm to children; and
(5)
				any other factors relevant to the situation.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2200 - ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES › Section 09 .2217 - REPEALED - SCHEDULE OF CIVIL PENALTIES FOR CHILD CARE CENTERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-88;
				  110-90(9);
				  110-103.1;
				  143B-168.3;
Eff.
				  January 1, 1986;
Amended eff. April 1, 2001, October 1,
				  1991;
Repealed Eff. February 1, 2019 (Transferred
				  from.2213).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2400 - CHILD CARE FOR MILDLY ILL CHILDREN › Section 09 .2401 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section apply to all child care centers
				  offering short term care to children who are mildly sick and who would
				  otherwise be excluded from care as required by Rule.0804(a) of this Chapter.
				  Care may be provided as a component of a child care center that provides child
				  care to well children, or may be provided as a separate stand alone program.
				  All rules in this Chapter shall apply except as provided in this
				  Section.
Authority
				  G.S.
				  110-88(11);
				  143B-168.3;
Eff.
				  July 1, 1988;
Amended Eff. April 1, 2003; November 1,
				  1989;
Readopted Eff. October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2400 - CHILD CARE FOR MILDLY ILL CHILDREN › Section 09 .2402 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) "Child care for
				mildly sick children" is defined as the care of children who are not able to
				attend their regular school or child care arrangement due to inability to
				participate in activities and requirements set forth in
				10A NCAC
				09.0804.
(b) "Health care professional" is defined as:
(1) a licensed physician;
(2) the physician's authorized agent who is
				currently approved by the North Carolina Medical Board, or comparable
				certifying board in any state contiguous to North Carolina;
(3) a certified nurse practitioner;
(4) a nurse rostered with the Office of
				Public Health Nursing and Professional Development as required by the Division
				of Medical Assistance;
(5) a
				registered nurse (RN); or
(6) a
				certified physician assistant.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2400 - CHILD CARE FOR MILDLY ILL CHILDREN › Section 09 .2403 - SPECIAL PROVISIONS FOR LICENSURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				center that enrolls mildly sick children as a component of a child care center
				shall have approval for short term care for mildly sick children indicated on
				their license. A copy of the license shall be posted in the area used by mildly
				sick children so that it is seen by the public.
(b) A center that enrolls mildly sick
				children as a component of a child care center may admit mildly sick children
				only who otherwise attend the center.
(c) A child care center operated as a
				separate stand alone program shall be issued a license restricting services to
				short term care for mildly sick children.
(d) Any center that enrolls mildly sick
				children shall develop written policies that contain the following:
(1) admission requirements;
(2) inclusion and exclusion
				criteria;
(3) preadmission health
				assessment procedures as set forth in
				10A NCAC
				09.2409(a)(1); and
(4) plans for staff training and
				communication with parents and health care professionals.
These policies shall be reviewed by a child care health
				  consultant or other health care professional prior to licensure to ensure
				  compliance with health care practices for mildly sick
				  children.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2400 - CHILD CARE FOR MILDLY ILL CHILDREN › Section 09 .2404 - INCLUSION AND EXCLUSION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Centers may provide care for mildly sick children over three months of age who
				meet the following inclusion criteria and staff qualifications described in
				Rule.2408 of this Section:
(1) Centers may
				provide care for children with Level One symptoms as follows:
(A) children who meet the guidelines for
				attendance in
				10A NCAC
				09.0804, except that they are unable to
				participate in group activities and are in need of increased rest time or less
				vigorous activities; or
(B)
				children with fever controlled with medication of 101º or less axillary or
				102° or less orally;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2400 - CHILD CARE FOR MILDLY ILL CHILDREN › Section 09 .2405 - ADMISSION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Written
				permission from a parent is required for admission of a mildly sick child. If a
				child is assessed to need care because he or she is mildly sick, permission may
				be given by telephone and documented if a child is to be moved from the well
				child component of the center to the mildly sick area, as long as written
				permission is received prior to the second day of attendance.
(b) Each parent shall sign a statement that
				attests that a copy of the policies described in Rule.2403(d) of this Section
				were given to and discussed with him or her prior to a mildly sick child's
				attendance.
(c) The on-site
				administrator or on-site health care professional may require a written medical
				evaluation for a child to include diagnosis, treatment and prognosis, if the
				evaluation is necessary to determine the appropriateness of a child's
				attendance prior to admission or upon worsening of the child's
				symptoms.
(d) A parent shall remain
				on the premises until the preadmission health assessment and individualized
				plan of care has been completed by center staff who have completed the training
				described in Rule.2408(a)(3), and the child has been approved for
				attendance.
(e) No child shall be
				admitted unless staff who meet the qualifications in Rule.2408 of this Section
				are on site and available to provide care.
Authority
				  G.S.
				  110-88(11);
				  143B-168.3;
Eff.
				  April 1, 2003;
Readopted Eff. October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2400 - CHILD CARE FOR MILDLY ILL CHILDREN › Section 09 .2406 - STAFF/CHILD RATIOS

Current through Register Vol. 39, No. 2, July 15, 2024
The staff to child ratio and group size of mildly sick
				  children shall be determined based on the age of the youngest child in the
				  group and shall be as follows:
Age of Child
No. of Children
No. of Staff
Max. Group Size
No. of Staff
3 Months to 2 Years
3
1
6
2
2 to 5 Years
4
1
8
2
5 Years and older
5
1
10
2
Authority
				  G.S.
				  110-88(11);
				  143B-168.3;
Eff.
				  April 1, 2003;
Readopted Eff. October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2400 - CHILD CARE FOR MILDLY ILL CHILDREN › Section 09 .2407 - SPACE REQUIREMENTS FOR MILDLY SICK CHILDREN

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				There shall be at least 45 square feet of inside space per child present. When
				space is measured the following shall not be included: closets, hallways,
				storage areas, kitchens, bathrooms, utility areas, thresholds, foyers, space or
				rooms used for administrative activities or space occupied by adult-sized
				desks, cabinets, file cabinets, etc.; any floor space occupied by or located
				under equipment, furniture, or materials not used by children; and any floor
				space occupied by or located under built-in equipment or furniture.
(b) A center that enrolls mildly sick
				children as a component of a child care center shall:
(1) ensure that if the outdoor play area is
				shared by both well and mildly sick children, ensure that there are separate
				areas of play; and
(2) ensure that
				the indoor area used by the mildly sick children is separated by an interior or
				exterior entrance.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2400 - CHILD CARE FOR MILDLY ILL CHILDREN › Section 09 .2408 - STAFF QUALIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All staff
				working with the mildly sick children shall complete all requirements in this
				Chapter pertaining to preservice training in
				10A NCAC
				09.0704,
				09.0704 .0710 and
				09.0704 .0711, orientation in
				10A NCAC
				09.1101, health and safety training
				requirements in
				10A NCAC
				09.1102, on-going training in
				10A NCAC
				09.1103, and staff records in
				10A NCAC
				09.0701. In addition, the requirements for
				staff who care for children with Level One symptoms as described in Rule.2404,
				Paragraphs (a)(1)(A) and (B) of this Section shall be as follows:
(1) Each group of children shall have a lead
				teacher present who has the North Carolina Early Childhood Credential or its
				equivalent prior to assuming care giving responsibilities.
(2) In addition to staff orientation
				requirements in
				10A NCAC
				09.1101 of this Chapter prior to assuming
				care giving duties all caregivers shall complete 10 hours of training on the
				following:
(A) storage and administration of
				medication;
(B) infection control
				procedures;
(C) aspiration of nasal
				secretions;
(D) positioning for
				sleeping and eating;
(E)
				temperature and respiratory rate taking;
(F) documentation of signs, symptoms,
				physical appearance, intake and output, and communication with family and
				physicians;
(G) recognizing when to
				stop, increase, or decrease oral intake of fluids;
(H) recognizing signs and symptoms associated
				with the increased severity of illness including behavioral changes, changes in
				bowel movements, increased sluggishness, etc.;
(I) developing individualized plans of
				care;
(J) special dietary
				requirements and maintaining hydration; and
(K) emergency procedures, including
				notification of a parent, should a child's condition worsen.
(3) Any caregiver caring for a
				child whose illness requires special knowledge, skills, or equipment shall have
				training and equipment prior to caring for the child.
(4) Completion of the training required by
				Subparagraph (a)(2) of this Rule shall count toward meeting one year's annual
				on-going training requirements in
				10A NCAC
				09.1103.
(5) When a center cares for mildly sick
				children as a component of a child care center, the administrator shall meet
				the education requirements for administrators as required by
				G.S.
				110-91(8).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2400 - CHILD CARE FOR MILDLY ILL CHILDREN › Section 09 .2409 - CHILDREN'S RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In addition to
				all other children's records required in G.S. 110 and this Chapter, the
				following shall be completed for the children admitted to the mildly sick area:
(1) Preadmission health assessment which
				includes documentation of health status, current symptoms, baseline temperature
				and respiratory rate, and any medications administered in the last 24
				hours;
(2) General admission
				information which includes information about the child's typical behavior,
				activity level, patterns of eating, sleeping, and toileting;
(3) An individualized plan of care describing
				how the child's needs shall be met, based upon Subparagraphs (a)(1) and (a)(2)
				of this Rule, shall be developed by the parent and a staff member who has
				completed training described in Subparagraph (a)(3) of Rule.2408 of this
				Section; and
(4) A daily written
				record shall be maintained and a copy given to parents of the child's eating,
				sleeping, and toileting patterns; medications administered; activity levels;
				changes in symptoms; and any additional information that the provider deems
				relevant such as child's temperament.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2400 - CHILD CARE FOR MILDLY ILL CHILDREN › Section 09 .2410 - CHILDREN'S ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Daily
				activities shall be provided in accordance with Section.0500 of these Rules and
				in accordance with each child's individualized plan of care. Activity areas
				shall not be required, but developmentally appropriate equipment and materials
				must be available daily for mildly sick children in care.
(b) Eating, toileting, sleeping, resting, and
				playing shall be individually determined and flexible to allow each child to
				decide when and whether to participate in available activities, and to nap or
				rest at any time.
(c) Daily outdoor
				time shall be available for children with Level One symptoms, as set forth in
				Rule.0508(c) of this Chapter, who are present more than three consecutive days
				unless deemed inappropriate by the child's attending health care
				professional.
Authority
				  G.S.
				  110-88(11);
				  143B-168.3;
Eff.
				  April 1, 2003;
Readopted Eff. October 1, 2017;
Amended
				  Eff. February 1, 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2400 - CHILD CARE FOR MILDLY ILL CHILDREN › Section 09 .2411 - NUTRITION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Meals and snacks shall be provided in accordance with Section
				  .0900 of this Chapter unless a child's individualized plan of care specifies
				  otherwise.
Authority
				  G.S.
				  110-88(11);
				  143B-168.3;
Eff.
				  April 1, 2003;
Readopted Eff. October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2500 - CARE FOR SCHOOL-AGE CHILDREN › Section 09 .2501 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section apply to all child care centers
				  offering care to three or more school-age children exclusively or as a
				  component of any other program. All rules in this Chapter pertaining to care
				  for school-age children apply except as provided in this
				  Section.
Authority
				  G.S.
				  110-85;
				  110-86(3);
				  110-91;
				  143B-168.3;
Eff.
				  July 1, 1988;
Amended Eff. July 1, 2010; July 1, 2000; September 1,
				  1990;
Readopted Eff. October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2500 - CARE FOR SCHOOL-AGE CHILDREN › Section 09 .2502 - SPECIAL PROVISIONS FOR SUMMER DAY CAMPS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				center providing care for school-age children exclusively on a seasonal basis
				between May 15 and September 15 shall be licensed as a summer day
				camp.
(b) A facility licensed as a
				summer day camp shall have a permanent structure located at the home base,
				which is the primary site of the summer day camp activities. The permanent
				structure may be a building or permanent roofed shelter with overhang. The
				summer day camp shall meet one of the following space requirements:
(1) when activities for children are
				conducted outdoors or off the premises for at least 75 percent of each day, a
				minimum of 10 square feet per child of indoor space, exclusive of kitchens,
				hallways, restrooms, closets, and storage areas, shall be provided;
				or
(2) when the camp's home base
				does not provide 10 square feet of primary space indoors, the camp shall
				provide notarized copies of all letters, agreements, or contracts with other
				facilities to the Division which guarantee that children will be accommodated
				comfortably indoors in the event of inclement weather.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2500 - CARE FOR SCHOOL-AGE CHILDREN › Section 09 .2503 - BUILDING CODE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Building code requirements incorporated by reference in Section.1300 of this
				Chapter apply for a facility providing care to school-age children except that
				any building that is approved for school occupancy and which houses a public or
				private school during the school year shall be considered an approved building
				to house a facility serving school-age children exclusively. The operator shall
				obtain and submit copies of all applicable inspection reports to the
				Division.
(b) The North Carolina
				State Building Code is hereby incorporated by reference, inclusive of
				subsequent amendments. The current Code can be found online at
				http://www.ncdoi.com/OSFM/Engineering_and_Codes/Default.aspx?field1=State_Building_Codes_USER&user=State_Building_Codes
				at no cost.
Authority
				  G.S.
				  110-85;
				  110-88(2);
				  110-91(4);
				  143B-168.3;
Eff.
				  July 1, 1988;
Amended Eff. July 1, 2010; September 1,
				  1990;
Readopted Eff. October 1, 2017;
Amended Eff.
				  September 1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2500 - CARE FOR SCHOOL-AGE CHILDREN › Section 09 .2504 - SPACE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
All space requirements specified in Section.1400 shall apply
				  when a facility provides care for school-age children and any preschool child
				  is also in care, or when a program that provides care exclusively for
				  school-age children operates indoors in a permanent structure for more than 25
				  percent of each day. A gymnasium or other single use room may be included in
				  the space measured for licensed capacity when used as primary
				  space.
Authority
				  G.S.
				  110-85;
				  110-91(3),(6);
				  143B-168.3;
Eff.
				  July 1, 1988;
Amended Eff. July 1, 2010; September 1,
				  1990;
Readopted Eff. October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2500 - CARE FOR SCHOOL-AGE CHILDREN › Section 09 .2505 - HEALTH REQUIREMENTS FOR CHILDREN

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				All requirements of Section.0800 of this Chapter shall apply to school-age
				child care arrangements with the following exceptions:
(1) a medical examination report shall not be
				required for any child enrolled in a public school or private school as
				described in
				G.S.
				110-86(2)(e); and
(2) Rule.0806 of this Chapter shall not
				apply.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2500 - CARE FOR SCHOOL-AGE CHILDREN › Section 09 .2506 - GENERAL SAFETY REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				First Aid equipment shall be available regardless of where activities are
				provided.
(b) All requirements in
				Rule.1403 of this Chapter regarding activities involving water shall
				apply.
(c) Potentially hazardous
				items, such as archery equipment, hand and power tools, nails, chemicals, or
				propane stoves, shall be used by children only when adult supervision is
				provided. Such potentially hazardous items, whether or not intended for use by
				the children, shall be stored in locked areas or with other safeguards, or
				shall be removed from the premises.
(d) All children shall be adequately
				supervised. Adequate supervision means staff shall be with the group of
				children and able to hear or see each child in his or her care, except:
(1) Children who are developmentally able may
				be permitted to go to the restroom independently, provided that:
(A) staff members' proximity to children
				assures immediate intervention to safeguard a child from harm;
(B) individuals who are not staff members may
				not enter the restroom area while in use by any child; and
(C) children up to nine years of age are
				supervised by staff members who are able to hear the child. Children nine years
				of age and older are not required to be directly supervised, however, staff
				members shall know the whereabouts of children who have left their group to use
				the restroom;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2500 - CARE FOR SCHOOL-AGE CHILDREN › Section 09 .2507 - REPEALED - OPERATING POLICIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority G.S. 110.91;
				  143B-168.3;
Eff. July 1, 1988;
Repealed Eff. October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2500 - CARE FOR SCHOOL-AGE CHILDREN › Section 09 .2508 - AGE APPROPRIATE ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Child care facilities that provide care to school-age children shall provide a
				balance of teacher directed and free choice activities appropriate to the age,
				needs, and interests of the children.
(b) Opportunities must be provided for
				children to participate in the planning and the implementation of
				activities.
(c) Facilities that
				operate a school-age component for three or fewer hours per day shall make
				three of the following activities available daily; those that operate a
				school-age component for more than three hours per day shall make four of the
				following activities available daily:
(1)
				career development activities;
(2)
				community awareness activities;
(3)
				creative arts activities;
(4)
				cultural activities;
(5) games or
				manipulatives;
(6) hands-on
				academic enrichment activities including language, math, science, social
				studies, or foreign language activities;
(7) health education or wellness
				activities;
(8) homework with
				assistance available as needed from center personnel;
(9) reading activities;
(10) sand or water play;
(11) social skills, life skills or
				problem-solving activities;
(12)
				structured or unstructured physical activities; or
(13) technology skill-building
				activities.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2500 - CARE FOR SCHOOL-AGE CHILDREN › Section 09 .2509 - ACTIVITIES: OFF-PREMISES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The requirements of this Rule and Section.1000 of this Chapter shall apply when
				activities for school-age children are conducted outdoors or off the premises
				for 75 percent of each day.
(b) The
				facility shall develop a plan of activities which is posted in a place in the
				home base or given to the parents. The plan shall include the location,
				purpose, time and date, person in charge, and telephone number or method for
				contacting the person in charge.
(c) Activities shall be planned to
				accommodate a variety of individual interests and shall provide opportunities
				for choice.
(d) Written permission
				from parents shall be obtained before transporting children on off-premises
				activities.
(e) Blanket permissions
				from parents for off-premises activities shall be acceptable only when a plan
				of activities to be conducted off the premises is posted in a place for review
				by parents and staff in advance on a weekly basis.
Authority
				  G.S.
				  110-91(6),(12);
				  143B-168.3;
Eff.
				  July 1, 1988;
Amended Eff. September 1, 1990;
Readopted
				  Eff. October 1, 2017;
Amended Eff. February 1,
				  2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2500 - CARE FOR SCHOOL-AGE CHILDREN › Section 09 .2510 - STAFF QUALIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The individual
				who is responsible for ensuring the administration of the program, whether
				on-site or off-site, shall:
(1) Prior to
				employment, have at least:
(A) 400 hours of
				experience working with school-age children in a licensed child care
				program;
(B) 600 hours of
				verifiable experience working with school-age children in an unlicensed
				school-age care or camp setting; or
(C) have an undergraduate, graduate, or
				associate degree, with at least 12 semester hours in school-age care related
				coursework; and
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2500 - CARE FOR SCHOOL-AGE CHILDREN › Section 09 .2511 - REPEALED - OTHER STAFF REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-91(8),(11);
				  143B-168.3;
Eff.
				  September 1, 1990;
Repealed Eff. July 1,
				  2008.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2500 - CARE FOR SCHOOL-AGE CHILDREN › Section 09 .2513 - COOPERATIVE ARRANGEMENT FOR INSTRUCTIONAL NEEDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For purposes of this Rule, "cooperative
				arrangement for instructional needs" means an arrangement between a group of
				parents to provide care for their school-age children in one of the parent's
				homes for the purpose of supervising and facilitating the children's online,
				virtual, or remote elementary or secondary education instruction.
(b) Pursuant to
				G.S.
				110-86(2)(i), cooperative
				arrangements for instructional needs are not child care and therefore are
				exempt from licensure.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2600 - CHILD CARE FOR CHILDREN WHO ARE MEDICALLY FRAGILE › Section 09 .2601-.2607 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-88(13);
				  110-91;
Eff. October
				  1, 2005;
Pursuant to
				  G.S.
				  150B-21.3A, rule Expired June 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2600 - CHILD CARE FOR CHILDREN WHO ARE MEDICALLY FRAGILE › Section 09 .2608 - EXPIRED - CHILDREN'S PLAN OF CARE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-88(13);
Eff.
				  November 1, 2005
Pursuant to
				  G.S.
				  150B-21.3A, rule Expired June 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2600 - CHILD CARE FOR CHILDREN WHO ARE MEDICALLY FRAGILE › Section 09 .2609-.2610 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-88(13);
				  110-91;
Eff. October
				  1, 2005;
Pursuant to
				  G.S.
				  150B-21.3A, rules Expired June 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2600 - CHILD CARE FOR CHILDREN WHO ARE MEDICALLY FRAGILE › Section 09 .2611 - Scope

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section apply to child care centers with
				  multiple units, licensed individually, in one building. All rules within this
				  Chapter shall apply except as provided in this Section.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2600 - CHILD CARE FOR CHILDREN WHO ARE MEDICALLY FRAGILE › Section 09 .2612 - DEFINITION OF MULTI-UNIT CHILD CARE CENTERS

Current through Register Vol. 39, No. 2, July 15, 2024
A "multi-unit child care center" is one building with
				  multiple licensed units, each with a separate owner and entrance and each
				  having its own physical and mailing address.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2600 - CHILD CARE FOR CHILDREN WHO ARE MEDICALLY FRAGILE › Section 09 .2613 - Licensure

Current through Register Vol. 39, No. 2, July 15, 2024
The Division shall make one or more inspections to inspect
				  each unit within the building and issue individual licenses if all applicable
				  requirements of G.S. 110, Article 7, this Chapter, and this Section are
				  met.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2600 - CHILD CARE FOR CHILDREN WHO ARE MEDICALLY FRAGILE › Section 09 .2614 - OUTDOOR SPACE

Current through Register Vol. 39, No. 2, July 15, 2024
Subject to the requirements in
				  10A NCAC
				  09 .0605,
				  09 .1402, and .2809, the licensed
				  units within the multi-unit child care center may share outdoor space provided
				  the staff/child ratios and group sizes in
				  10A NCAC
				  09 .2615 are maintained.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2600 - CHILD CARE FOR CHILDREN WHO ARE MEDICALLY FRAGILE › Section 09 .2615 - STAFF/CHILD RATIOS

Current through Register Vol. 39, No. 2, July 15, 2024
Each unit in a multi-unit child care center shall meet the
				  following staff/child ratios and group sizes for children:
Age of Children
Ratio Staff/Children
Maximum Group Size
0 to 12 Months
1/5
10
12 to 24 Months
1/6
12
2 to 3 Years
1/10
20
3 to 5 Years
1/15
25
5 Years and Older
1/25
25
(1) when
				combining age groups, the staff/child ratio for the youngest child in the group
				shall be maintained for the entire group;
(2) when only one caregiver is required to
				meet the staff/child ratio and children under two years of age are in care,
				that person shall not concurrently perform food preparation or other duties
				which are not direct child care responsibilities;
(a) The unit shall post the name, address,
				and telephone number of an adult who has agreed in writing to be available to
				provide emergency relief and who can respond within a reasonable period of
				time; or
(b) There shall be a
				second adult on the premises who is available to provide emergency relief. This
				second adult may be a person in another licensed unit within the multi-unit
				center or support staff within the building.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2600 - CHILD CARE FOR CHILDREN WHO ARE MEDICALLY FRAGILE › Section 09 .2616 - PROVIDER QUALIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The person who has the responsibility for
				administration of the program and planning and implementing daily activities
				for the group of children in their care shall meet the requirements for an
				administrator and lead teacher as outlined in
				G.S.
				110-91(8).
(b) When meeting enhanced standards, the
				person who has responsibility for administration of the program and planning
				and implementing daily activities shall meet the lead teacher requirements
				outlined in
				10A NCAC
				09 .2819.
(c) When meeting enhanced standards,
				additional staff within the licensed unit shall meet lead teacher or teacher
				requirements in Section .2800 of this Chapter as determined by their caregiving
				role.
(d) The person responsible
				for the administration of the program and program planning does not have to
				meet administrative hours as required in
				10A NCAC
				09
				.0714(a).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2700 - CRIMINAL BACKGROUND CHECKS › Section 09 .2701 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section shall apply to all child care
				  providers as defined in
				  G.S.110-90.2. The Division, in
				  accordance with
				  G.S.110-90.2, shall determine if
				  an individual is a qualified child care provider. An individual may work or be
				  present in any child care facility during the time the individual holds a valid
				  qualification letter from the Division.
Authority
				  G.S.
				  110-85;
				  110-90.2;
Eff. March
				  1, 2014;
Readopted January 1,
				  2019.