reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .3000 - NC PRE-KINDERGARTEN SERVICES › Section 09 .3007 - EARLY LEARNING STANDARDS AND CURRICULA

Current through Register Vol. 39, No. 2, July 15, 2024
(a) NC
				Pre-K programs shall use North Carolina's Early Learning and Development
				Standards (and subsequent editions), as developed by a group of state and
				national early childhood experts. The Early Learning and Development Standards
				can be found on the Division of Child Development and Early Education's website
				at
http://ncchildcare.dhhs.state.nc.us/providers/pv_foundations.asp
.
(b) Each NC Pre-K classroom shall
				use a curriculum as defined in
				10A NCAC
				09.0102.
Authority
				  G.S.
				  110-85;
				  110-88; S.L. 2011-145, s.
				  10.7(a);
Eff. January 1, 2013;
Readopted Eff. October
				  1, 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .3000 - NC PRE-KINDERGARTEN SERVICES › Section 09 .3008 - FORMATIVE ASSESSMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Classroom staff shall be required to conduct on-going
				  formative assessments to gather information about each child's growth and skill
				  development, and how each child processes information and solves problems
				  during the learning process. Classroom staff shall use this information to plan
				  and deliver instruction, and review each child's progress with his or her
				  family, based on each child's development and learning needs. All formative
				  assessments used by the NC Pre-K Program must be approved by the NC Child Care
				  Commission.
Authority
				  G.S.
				  110-85;
				  110-88; S.L. 2011-145, s.
				  10.7(a),(b);
Eff. March 1, 2013;
Readopted Eff. October
				  1, 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .3000 - NC PRE-KINDERGARTEN SERVICES › Section 09 .3009 - STAFF-TO-CHILD RATIO AND CLASS SIZE

Current through Register Vol. 39, No. 2, July 15, 2024
The classroom shall not exceed a maximum staff-to-child ratio
				  of one to nine with a maximum class size of 18 children, with at least one
				  teacher and one teacher assistant per classroom. A classroom of nine children
				  or less shall have at least one teacher.
Authority
				  G.S.
				  110-85;
				  110-88; S.L. 2011-145, s.
				  10.7(a);
Eff. November 1, 2012;
Readopted Eff. October
				  1, 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .3000 - NC PRE-KINDERGARTEN SERVICES › Section 09 .3010 - FAMILY ENGAGEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
NC Pre-K programs shall develop a plan for family engagement
				  consisting of strategies designed to develop partnerships with families that
				  promote shared decision-making opportunities. These opportunities
				  include:
(1) Allowing Pre-K program
				teachers the opportunity for home visits;
(2) Formal and informal parent/teacher
				conferences;
(3) Classroom visits
				and options for parents and families to participate in classroom
				activities;
(4) Parent
				education;
(5) Allowing family
				members the opportunity for involvement in decision making about their own
				child and about their child's early childhood program; and
(6) Opportunities to engage families outside
				of the regular school day.
Authority
				  G.S.
				  110-85;
				  110-88; S.L. 2011-145, s.
				  10.7(a);
Eff. November 1, 2012;
Readopted Eff. October
				  1, 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .3000 - NC PRE-KINDERGARTEN SERVICES › Section 09 .3011 - NC PRE-K SITE-LEVEL ADMINISTRATOR QUALIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Administrators of NC Pre-K sites shall
				have:
(1) A NC Principal's License,
				or
(2) A North Carolina Early
				Childhood Administrator Credential (NCECAC) Level III, or
(3) hold a Bachelor's Degree in any field
				with 18 semester hours in early childhood education and child development, and
				complete six semester hours in child care administration or nine semester hours
				in business administration or a combination of child care administration and
				business administration.
(4) If the
				site-level administrator does not meet Subparagraphs (a)(1), (2), or (3) of
				this Rule, the following shall apply:
(A)
				provisional approval shall be given for four years from the time the site began
				participation with the NC Pre-K program for the administrator to attain a NC
				Principal's License, or a NCECAC III, or complete a Bachelor's Degree in any
				field with 18 semester hours in early childhood education and child
				development, and complete six semester hours in child care administration or
				nine semester hours in business administration or a combination of child care
				administration and business administration; and
(B) progress toward this requirement shall be
				considered a minimum of six documented semester hours per year in early
				childhood education, child development, child care administration and business
				administration course work.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .3000 - NC PRE-KINDERGARTEN SERVICES › Section 09 .3012 - NC PRE-K TEACHER EDUCATION, LICENSURE AND CREDENTIALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All teachers shall hold, or be eligible
				to hold a North Carolina (NC) Birth through Kindergarten (B-K) Initial or
				Continuing License or a NC Professional Educator's Initial or Continuing
				License with a B-K or Preschool Add-on License issued by the North Carolina
				Department of Public Instruction. Teachers working toward the required
				education and license shall meet one of the following requirements:
(1) a NC B-K Initial License;
(2) a NC Lateral Entry B-K License;
(3) a NC Residency B-K License;
(4) a NC Emergency B-K License as determined
				by the Early Educator Support (EES) ) Unit;
(5) a NC Professional Educator's License with
				a Provisional B-K or Preschool Add-On;
(6) another state's license; or
(7) a BA/BS degree and be eligible for a NC
				Residency B-K License.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .3000 - NC PRE-KINDERGARTEN SERVICES › Section 09 .3013 - NC PRE-K TEACHER ASSISTANT EDUCATION AND CREDENTIALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All teacher assistants shall have a high
				school diploma or its equivalentand shall either:
(1) hold a Child Development Associate (CDA)
				credential; or
(2) holdor be
				working toward an Associate Degree or higher in birth-through-kindergarten,
				child development, early childhood education, or an early childhood education
				related field. Teacher assistants working toward the Associate Degree shall
				make progress by completing a minimum of six semester hours per year.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .3000 - NC PRE-KINDERGARTEN SERVICES › Section 09 .3014 - NC PRE-K SUBSTITUTE STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				When a member of the NC Pre-K teaching staff is unable to work, due to illness,
				other health related conditions, disability, death or natural or man-made
				disasters, a substitute staff person shall be provided to maintain the
				staff-to-child ratio as specified in Rule.3009 of this Section and shall be
				able to implement the curriculum and formative assessments in accordance with
				Rules.3007 and.3008 of this Section. Substitute staff shall be at least 18
				years of age and meet the following minimum qualifications:
(1) When teachers are absent from the Pre-K
				classroom for 15 or fewer days, substitute staff shall meet one of the
				following:
(A) Nonpublic Schools (Private
				Child Care/Pre-K Settings): Substitutes in private settings shall have a high
				school diploma or a GED, and completed one course in early childhood education
				or child development, such as the North Carolina Early Childhood Credential;
				or
(B) Public School Settings:
				Substitutes shall meet the requirements of the substitute policy consistent
				with the local education agency (LEA).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .3000 - NC PRE-KINDERGARTEN SERVICES › Section 09 .3015 - NC PRE-K TEACHER AND TEACHER ASSISTANT STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
NC Pre-K teachers and teacher assistants shall provide
				  child-directed and teacher-directed instructional day-to-day learning
				  activities for children enrolled in the NC Pre-K program for at least
				  32.5-hours a week. In addition to these day-to-day instructional experiences,
				  the Pre-K program shall provide adequate additional time for the teacher and
				  teacher assistant staff for planning, scheduling and conducting home visits,
				  meeting with children's families, or attending required professional
				  development activities as set forth in Rule.3016 of this Section. These related
				  activities shall take place outside of the 32.5-hour work week of direct
				  teacher-child contact.
Authority
				  G.S.
				  110-85;
				  110-88; S.L. 2011-145, s.
				  10.7(a);
Eff. November 1, 2012;
Readopted Eff. October
				  1, 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .3000 - NC PRE-KINDERGARTEN SERVICES › Section 09 .3016 - PROFESSIONAL DEVELOPMENT REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
North Carolina licensed administrators, teachers, and teacher
				  assistants employed by public and nonpublic schools shall participate in
				  professional development consistent with the level of education and type of
				  educator licensure required for employment in accordance with
				  10A NCAC
				  09 .3011,
				  09 .3012, and.3013. The policy
				  can be found on the North Carolina Department of Public Instruction's website
				  at http://www.ncpublicschools.org/profdev/.
Authority
				  G.S.
				  110-85;
				  110-88; S.L. 2011-145, s.
				  10.7(a);
Eff. November 1, 2012;
Readopted Eff. October
				  1, 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .3000 - NC PRE-KINDERGARTEN SERVICES › Section 09 .3017 - CHILDREN WITH UNIQUE NEEDS AND CHALLENGING BEHAVIORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For purposes of this Rule, "challenging
				behavior" shall mean any repeated pattern of behavior, or perception of
				behavior, that interferes with or is at risk of interfering with optimal
				learning or engagement in pro-social interactions with peers and adults that
				interferes with children's learning, development, and success at play, is
				harmful to the child, other children, or adults, that put a child at high risk
				for later social problems or school failure (
http://challengingbehavior.fmhi.usf.edu/explore/glossary.htm)
.
(b) When a child demonstrates
				challenging behaviors that prevent his or her progress in any developmental
				domain as referenced in the "North Carolina Foundations for Early Learning and
				Development" impeding the child's access to and participation in the assigned
				NC Pre-K classroom learning activities, the following shall apply:
(1) The Site Administrator shall notify the
				NC Pre-K Contract Administrator and the local school system's Preschool
				Exceptional Children Program for assistance if a child's cognitive, language
				and communication, emotional, social, health and physical needs exceed the
				program's capacity to address as indicated by one or more of the following:
(A) developmental needs
				assessments;
(B) home
				visits;
(C) consultations with the
				family members;
(D) daily recorded
				classroom teacher observations; and
(E) modified instructional plans and
				differentiated lessons based on the child's individual goals.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .3100 - CARE FOR SCHOOL-AGE CHILDREN DURING STATE OF EMERGENCY › Section 09 .3101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section apply to care for school-age
				  children, as defined by
				  10A NCAC
				  09.0102(42), during the
				  declared State of Emergency to coordinate the State's response and protective
				  actions to address the Coronavirus Disease 2019 (COVID-19) public health
				  emergency and to provide for the health, safety, and welfare of residents and
				  visitors located in North Carolina ("Declaration of a State of Emergency") and
				  any subsequent declared State of Emergency arising out of or related to the
				  COVID-19 public health emergency. All rules in Section.2500 of this Chapter
				  shall apply, except as provided in this Section.
Authority
				  G.S.
				  110-85;
				  110-88;
				  110-91;
Emergency
				  Adoption Eff. August 13, 2020;
Temporary Adoption Eff. October 23,
				  2020;
Eff. October 1, 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .3100 - CARE FOR SCHOOL-AGE CHILDREN DURING STATE OF EMERGENCY › Section 09 .3102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The terms and phrases used in this Section are defined as
				  follows:
(1) "Public schools" means:
(a) any building that is approved for school
				occupancy and that houses school-age children as part of the public school
				system during the school year; or
(b) a remote learning facility.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .3100 - CARE FOR SCHOOL-AGE CHILDREN DURING STATE OF EMERGENCY › Section 09 .3103 - PUBLIC SCHOOLS

Current through Register Vol. 39, No. 2, July 15, 2024
Pursuant to
				  G.S.
				  110-86(2)(e), public schools
				  are not child care and are, therefore, exempt from licensure. Notwithstanding
				  any other provision of this Section, all NC Pre-K programs, as defined in
				  Section.3000 of this Chapter, and Developmental Day Services, as defined in
				  Section.2900 of this Chapter, and any program or arrangement housed in a public
				  school that is not operated by the public school unit and provides care to
				  three or more infants, toddlers, or preschoolers on a regular basis of at least
				  once per week for more than four hours from persons other than their guardians
				  or full-time custodians or from persons not related to them by birth, marriage,
				  or adoption are child care as defined in
				  G.S.
				  110-86(2) and requires a
				  child care license.
Authority
				  G.S.
				  110-85;
				  110-86;
				  110-88;
				  110-91;
Emergency
				  Adoption Eff. August 13, 2020;
Temporary Adoption Eff. October 23,
				  2020;
Eff. October 1, 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .3100 - CARE FOR SCHOOL-AGE CHILDREN DURING STATE OF EMERGENCY › Section 09 .3104 - ADDING SPACE AT LICENSED CENTERS FOR CARE OF SCHOOL-AGE CHILDREN

Current through Register Vol. 39, No. 2, July 15, 2024
If an operator of a licensed child care center wishes to use
				  additional space not previously approved for child care, regardless of
				  location, to care for school-age children during the Declaration of a State of
				  Emergency, the operator shall notify the Division of the desired change
				  pursuant to
				  10A NCAC
				  09.0204, but shall have six months to obtain
				  any required inspections of the additional space by the local health, building,
				  and fire inspections in accordance with
				  G.S.
				  110-91(1), (4), and (5). If
				  all other standards set forth in
				  G.S.
				  110-91 and this Chapter are met, the operator
				  may provide care to school-age children in the additional space and the
				  Division shall document the same in a manner that will notify parents and the
				  public of the change. Once the operator provides documentation that the
				  additional space conforms to all applicable sanitation, building, and fire
				  standards, and if all applicable requirements of G.S. 110, Article 7 and this
				  Chapter are met, the Division shall issue a new license pursuant to
				  10A NCAC
				  09.0204. If a health, building, or fire
				  inspection reveals that the additional space does not conform to the required
				  standards, the Division may issue a provisional license as set forth in
				  10A NCAC
				  09.2204. Any space that the operator desires
				  to use as additional space for care of school-age children that is not located
				  within the currently licensed facility shall not be required to meet the
				  outdoor space and fencing requirements of
				  G.S.
				  110-91(6). If there is no
				  outdoor space at the additional space to be used for care of school-age
				  children that is not located within the currently licensed facility, operators
				  shall not be required to meet the requirements of
				  10A NCAC
				  09.0508(c). Notwithstanding
				  any other provision in this Section, operators shall provide indoor space for
				  daily gross motor activities when outdoor space is not
				  available.
Authority
				  G.S.
				  110-85;
				  110-88;
				  110-91;
Emergency
				  Adoption Eff. August 13, 2020;
Temporary Adoption Eff. October 23,
				  2020;
Eff. October 1, 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0100 - IDENTIFYING AND GENERAL INFORMATION › Section 10 .0101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Chapter shall apply to child care
				  facilities that participate in the Subsidized Child Care Assistance
				  Program.
Authority
				  G.S.
				  143B-10;
				  143B-153; S.L. 1985, c. 757, s.
				  155(q);
Eff. October 26, 1979;
Amended Eff. April 1,
				  2001; February 1, 1996; July 1, 1990; February 1, 1986;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1, 2016;
Amended Eff. March
				  1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0100 - IDENTIFYING AND GENERAL INFORMATION › Section 10 .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the terms defined in
				  G.S.
				  110-86(2), (3), (4a), (6), (7), and
				  (8), the following definitions shall apply to
				  this Chapter:
(1) "Child with special
				needs" means:
(a) a child who is determined
				by the Division of Public Health, Children's Developmental Services Agency, to
				be developmentally delayed or have an established condition pursuant to
				10A NCAC
				43G.0110, incorporated by reference including
				subsequent amendments. A copy of the Rule can be found at no cost at
				http://reports.oah.state.nc.us/ncac/title%2010a%20%20health%20and%20human%20services/chapter%2043%20%20personal%20health/subchapter%20g/10a%20ncac%2043g%20.0110.pdf
				;
(b) a child who is determined by
				the local educational agency (LEA) to have a disability as defined in
				G.S.
				115C-106.3; or
(c) a child who is determined to be a child
				with special needs by a Local Managing Entity -Managed Care Organization
				(LME-MCO) as defined in
				G.S.
				122C-3(20b) and
				(20c).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0200 - REQUIREMENTS FOR THE PURCHASE OF CHILD CARE › Section 10 .0201 - APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153(2a);
Eff. October 26, 1979;
Amended Eff. April 1, 2001; January 1, 1987;
				  April 1, 1985;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1, 2016;
Repealed Eff. March
				  1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0200 - REQUIREMENTS FOR THE PURCHASE OF CHILD CARE › Section 10 .0202 - REPEALED - PAYMENT RATES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153(8)a;
Eff. January 1, 1987;
Amended Eff. April 1, 2001; August 1, 1994;
				  July 1, 1990;
Repealed Eff. March 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0200 - REQUIREMENTS FOR THE PURCHASE OF CHILD CARE › Section 10 .0203 - PAYMENT RATES FOR SUBSIDIZED CHILD CARE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				With the exception of Centers that are certified as developmental day centers
				by the Division, the payment rates for child care facilities shall be limited
				to the market rate or the child care facility's private rate, whichever is
				lower.
(b) For centers that are
				certified as developmental day centers by the Division of Child Development and
				Early Education and that serve children who meet the definition of special
				needs set forth in
				10A NCAC
				10.0910, the following shall apply:
(1) payment rates for children with special
				needs served in developmental day centers shall be calculated by deducting the
				total revenues per child per month from the total costs per child. That rate
				shall then be multiplied by the current inflation percentage provided by the
				Office of State Budget and Management;
(2) payment rates for typically developing
				children served in developmental day centers shall exclude those costs
				associated exclusively with serving children with special needs; and
(3) payment rates for children with special
				needs and typically developing children served in developmental day centers
				shall be calculated every two years and shall be implemented as State and
				federal funding allows.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0300 - SUBSIDIZED CHILD CARE ASSISTANCE PROGRAM REQUIREMENTS › Section 10 .0301 - REPEALED - DEFINITION OF FUND

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153(2a); S.L. 1985, c.
				  479, s. 95-97;
Eff. October 26, 1979;
Temporary
				  Amendment Eff. July 1, 1982, for a period of 120 days to expire on October 28,
				  1982;
Legislative Objection Lodged Eff. July 20, 1982;
Amended Eff. April 1, 2001; February 1, 1996; February 1, 1986; August 1,
				  1982;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1, 2016;
Repealed Eff. March
				  1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0300 - SUBSIDIZED CHILD CARE ASSISTANCE PROGRAM REQUIREMENTS › Section 10 .0302-.0305 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153;
				  143B-153(2a);
Eff. October 26, 1979;
Amended Eff. July 1, 1980;
Temporary Amendment Eff. July 1, 1982, for a period of 120 days to expire on
				  October 28, 1982;
Legislative Objection Lodged Eff. July 20,
				  1982;
Amended Eff. April 1, 2001; February 1, 1996; July 1, 1990;
				  April 1, 1987; February 1, 1986; July 1, 1983; August 1, 1982; July 1,
				  1980;
Expired Eff. April 1, 2016 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0300 - SUBSIDIZED CHILD CARE ASSISTANCE PROGRAM REQUIREMENTS › Section 10 .0306 - REPEALED - ALLOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153(2a);
Eff. October 26, 1979;
Amended Eff. April 1, 2001; July 1, 1990;
				  February 1, 1986; April 1, 1985;
Repealed Eff. March 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0300 - SUBSIDIZED CHILD CARE ASSISTANCE PROGRAM REQUIREMENTS › Section 10 .0307 - PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Operators shall enter accurate attendance information, as
				  defined in
				  10A NCAC
				  10.0602(b), into the NC FAST
				  Provider Portal no later than the fifth day of the month for the preceding
				  month's attendance in order to receive payment for services provided by the
				  operator.
Authority
				  G.S.
				  143B-153(2a);
Eff. October 26, 1979;
Amended Eff. April 1, 2001; July 1, 1990;
				  February 1, 1986; April 1, 1985;
Readopted Eff. March 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0300 - SUBSIDIZED CHILD CARE ASSISTANCE PROGRAM REQUIREMENTS › Section 10 .0308 - FRAUDULENT MISREPRESENTATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Notwithstanding
				G.S.
				110-107, the Local Purchasing Agency or the
				Division shall impose sanctions for fraudulent misrepresentation when a person,
				whether an operator or recipient or someone claiming to be an operator or
				recipient does the following:
(1) With intent
				to deceive, makes a false statement or representation regarding a material
				fact, omits or fails to disclose a material fact, or submits inaccurate
				records; and as a result of the false statement or representation, omission, or
				submission of inaccurate records, obtains, attempts to obtain, or continues to
				receive a child care subsidy for himself or herself or for another person;
				or
(2) Has an error rate in excess
				of 10 percent.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0300 - SUBSIDIZED CHILD CARE ASSISTANCE PROGRAM REQUIREMENTS › Section 10 .0309 - CORRECTION OF OVERPAYMENTS AND UNDERPAYMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For purposes of this Rule, "agency" shall
				mean the Local Purchasing Agency or the Division.
(b) An overpayment made to an owner as a
				result of an inadvertent error by the agency or the operator shall be recouped
				by withholding the amount overpaid from monies due to the owner for services
				provided pursuant to the state's Subsidized Child Care Assistance Program in an
				amount not to exceed 20 percent of each payment to the owner.
(c) Should the owner cease to participate in
				the Subsidized Child Care Assistance Program before the overpayment is fully
				repaid, the remaining monies shall be recouped by:
(1) Repayment agreement made with the Local
				Purchasing Agency; however, the Local Purchasing Agency shall prosecute the
				owner for failure to make timely payments as required to comply with the terms
				of the agreement;
(2) Involuntary
				repayment by pursuing court action; or
(3) Wage garnishment as permitted by
				law.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0300 - SUBSIDIZED CHILD CARE ASSISTANCE PROGRAM REQUIREMENTS › Section 10 .0310 - REQUIREMENTS FOR THE ADMINISTRATION OF THE SUBSIDIZED CHILD CARE ASSISTANCE PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each Local Purchasing Agency shall
				maintain records of program administration, including recipient records
				documenting eligibility and ongoing service, and provider records related to
				investigations of fraudulent misrepresentation, sanctions, and noncompliance
				with program requirements. These records shall be retained in accordance with
				most recent Records Retention and Disposition Schedule Spreadsheet issued by
				the Office of the Controller, North Carolina Department of Health and Human
				Services or until all audits begun within the retention period are complete,
				whichever is longer. The Records Retention and Disposition Schedule Spreadsheet
				is incorporated by reference, including subsequent amendments and editions, and
				is available free of charge at
				https://www2.ncdhhs.gov/control/retention/retention.htm.
(b) Each Local Purchasing Agency that
				administers funding for the State's Subsidized Child Care Assistance Program
				shall provide records of program administration upon request for review by
				local, State, or federal agency representatives.
(c) The Division shall require the Local
				Purchasing Agency to repay funds not spent in accordance with applicable State
				or federal regulations.
(d) Each
				Local Purchasing Agency that administers the State's Subsidized Child Care
				Assistance Program and also owns and operates a child care facility receiving
				Subsidized Child Care Assistance Program funds shall develop and implement a
				conflict of interest policy that shall include provisions for:
(1) parental choice of child care facility
				for recipients of subsidized child care; and
(2) separate management of the Subsidized
				Child Care Assistance Program and the child care facility owned or operated by
				the agency.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0300 - SUBSIDIZED CHILD CARE ASSISTANCE PROGRAM REQUIREMENTS › Section 10 .0311-.0312

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153;
Eff. December 1,
				  2011;
Repealed Eff. March 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0300 - SUBSIDIZED CHILD CARE ASSISTANCE PROGRAM REQUIREMENTS › Section 10 .0313 - TERMINATION OF APPROVAL BASED UPON AN ADMINISTRATIVE ACTION ISSUED AGAINST OPERATOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Approval to participate in the Subsidized
				Child Care Assistance Program shall terminate 45 days after issuance of an
				administrative action revoking or denying a license to operate a child care
				facility issued pursuant to
				G.S.
				110-90(5) and (9).
(b) An appeal of an administrative action
				revoking, summarily suspending, or denying a license shall not stay the
				termination of approval to participate in the state's Subsidized Child Care
				Assistance Program.
(c) If the
				owner appeals the termination of approval, the maximum time period during which
				payments from the state's Subsidized Child Care Assistance Program shall be
				made 45 days from the date on the notice of the administrative
				action.
(d) An owner subject to
				administrative action as described in this Rule shall not be paid with
				subsidized child care funds for any new children enrolled during the 45 day
				period after the date on the notice of the administrative action.
(e) A child care owner who has received an
				administrative action revoking or denying a license by the Division of Child
				Development and Early Education, or who is currently under summary suspension,
				shall be ineligible to participate in the state's Subsidized Child Care
				Assistance Program for the facility subject to the administrative action. This
				includes facilities that are exempt from licensure pursuant to
				G.S.
				110-106, facilities operating in other
				states, and facilities certified by the United States Department of
				Defense.
Authority
				  G.S.
				  143B-153;
Eff. December 1,
				  2011;
Readopted Eff. November 1,
				  2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0400 - START-UP FUNDS › Section 10 .0401-.0402

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-10;
				  143B-153(2a);
Eff. January 16, 1980;
Amended Eff. April 1, 2001; July 1, 1990;
				  February 1, 1986;
Repealed Eff. December 1,
				  2011.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0500 - REQUIREMENTS FOR CONTRACTS WITH PRIVATE AGENCIES › Section 10 .0501 - REPEALED - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153(2a);
Eff. July 1, 1992;
Amended Eff. April 1, 2001;
Pursuant
				  to G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1, 2016;
Repealed Eff. March
				  1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0500 - REQUIREMENTS FOR CONTRACTS WITH PRIVATE AGENCIES › Section 10 .0502-.0506 - REPEALED - APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153(2);
				  143B-153(2a);
Eff. July 1, 1992;
Amended Eff. December 1, 2011; April 1,
				  2001;
Repealed Eff. March 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0600 - REQUIREMENTS FOR CONTRACTS WITH PRIVATE AGENCIES › Section 10 .0601 - STANDARDS FOR FACILITIES PARTICIPATING IN THE SUBSIDIZED CHILD CARE ASSISTANCE PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An operator
				that wishes to participate in the Subsidized Child Care Assistance Program
				shall satisfy all applicable State child care requirements, as codified in
				G.S.
				110-85, et seq. and
				10A NCAC
				09, and shall enroll in the Subsidized Child
				Care Assistance Program as set forth in
				10A NCAC
				10.0602(a).
(b) An operator that wishes to participate in
				the Subsidized Child Care Assistance Program, with the exception of
				religious-sponsored facilities operating in accordance with
				G.S.
				110-106 and Department of Defense facilities
				operating in accordance with
				G.S.
				110-106.2, shall hold a North Carolina child
				care license.
(c) Out-of-State
				operators wishing to participate in the Subsidized Child Care Assistance
				Program shall hold a license to operate a child care facility in the state
				where they are located.
(d) The
				operator of a facility participating in the Subsidized Child Care Assistance
				Program shall ensure that the facility complies with all applicable provisions
				of the Civil Rights Act of 1964.
Authority
				  G.S.
				  143B-153(2a);
Eff. February 1, 1986;
Amended Eff. April 1, 2001; March 1, 1996;
				  July 1, 1990;
Readopted Eff. March 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0600 - REQUIREMENTS FOR CONTRACTS WITH PRIVATE AGENCIES › Section 10 .0602 - PARTICIPATION IN THE SUBSIDIZED CHILD CARE ASSISTANCE PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Owners wishing to participate in the
				Subsidized Child Care Assistance Program shall:
(1) enroll in the State's Subsidized Child
				Care Assistance Program through the State's automated provider portal located
				at providerportal.nc.gov;
(2) enter
				into and maintain a contract for payment through the State's Subsidized Child
				Care Assistance Program vendor; and
(3) enter into the Subsidized Child Care
				Assistance Program's Provider Agreement annually.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0600 - REQUIREMENTS FOR CONTRACTS WITH PRIVATE AGENCIES › Section 10 .0603 - REPEALED - APPEALS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153(2a);
				  150B-23;
Eff.
				  February 1, 1986;
Amended Eff. April 1, 2001; July 1,
				  1990;
Repealed Eff. December 1,
				  2011.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0700 - REQUIREMENTS FOR FAMILY CHILD CARE HOMES › Section 10 .0701 - REPEALED - STANDARDS FOR FAMILY CHILD CARE HOMES PARTICIPATING IN THE SUBSIDIZED CHILD CARE PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153;
Eff. January 1,
				  1985;
Amended Eff. April 1, 2001; February 1, 1996; July 1,
				  1990;
Repealed Eff. March 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0700 - REQUIREMENTS FOR FAMILY CHILD CARE HOMES › Section 10 .0702 - REPEALED - APPROVAL AND CONTINUED PARTICIPATION IN THE SUBSIDIZED CHILD CARE PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153(2a);
Eff. January 1, 1988;
Amended Eff. April 1, 2001; February 1,
				  1996;
Emergency Amendment Eff. August 22, 2016;
Temporary Amendment Eff. October 28, 2016;
Repealed Eff. November
				  1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0700 - REQUIREMENTS FOR FAMILY CHILD CARE HOMES › Section 10 .0703 - REPEALED - APPEALS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153(2a);
				  150B-23;
Eff.
				  January 1, 1988;
Amended Eff. April 1, 2001; July 1,
				  1990;
Repealed Eff. December 1,
				  2011.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0800 - REQUIREMENTS FOR NONLICENSED CHILD CARE HOMES › Section 10 .0801-.0811 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-90.2;
				  110-90.2(a)(2);
				  143B-153(2a);
				  150B-21.6;
				  45 C.F.R.
				  98.11(b);
				  45 C.F.R. 98.40;
				  45 C.F.R.
				  98.41;
				  45 C.F.R. 255.4(c);
				  45 C.F.R.
				  257.41;
Eff. February 1,
				  1993;
Amended Eff. April 1, 2001; February 1, 1996; February 1,
				  1994;
Expired Eff. April 1, 2016 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0900 - GENERAL POLICIES FOR PROVISION OF SUBSIDIZED CHILD CARE ASSISTANCE › Section 10 .0901 - REPEALED - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153;
Eff. July 1,
				  1983;
Amended Eff. April 1, 2001; February 1, 1996; July 1,
				  1990;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1, 2016;
Repealed Eff. March
				  1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0900 - GENERAL POLICIES FOR PROVISION OF SUBSIDIZED CHILD CARE ASSISTANCE › Section 10 .0902-.0903 - REPEALED - METHODS OF SERVICE PROVISION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153;
Eff. July 1,
				  1983;
Amended Eff. April 1, 2001; February 1, 1996;
Repealed Eff. March 1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0900 - GENERAL POLICIES FOR PROVISION OF SUBSIDIZED CHILD CARE ASSISTANCE › Section 10 .0904 - AVAILIBILITY OF FUNDING

Current through Register Vol. 39, No. 2, July 15, 2024
If the availability of funding is less than the amount needed
				  to serve all eligible children, each Local Purchasing Agency shall establish
				  the priority for serving families. The order of priority shall be stated in
				  writing, approved by the Division in accordance with annual appropriations act
				  and federal law, and the Local Purchasing Agency shall provide a copy of the
				  written order of priority to applicants for child care
				  assistance.
Authority
				  G.S.
				  143B-153;
				  45 CFR
				  98.46;
Eff. July 1,
				  1983;
Amended Eff. April 1, 2001; March 1, 1996; February 1, 1994;
				  July 1, 1990;
Readopted Eff. March 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0900 - GENERAL POLICIES FOR PROVISION OF SUBSIDIZED CHILD CARE ASSISTANCE › Section 10 .0905 - SUPPORT FOR EMPLOYMENT AND TRAINING FOR EMPLOYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The Subsidized Child Care Assistance Program shall pay for child care services
				provided to support:
(1) employment of the
				recipient; and
(2) training leading
				to employment of the recipient.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0900 - GENERAL POLICIES FOR PROVISION OF SUBSIDIZED CHILD CARE ASSISTANCE › Section 10 .0906 - SUPPORT FOR CHILD PROTECTIVE AND CHILD WELFARE SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Subsidized Child Care Assistance
				Program shall provide assistance to enable a child to remain in his or her own
				home while receiving child protective services. The child shall not receive
				assistance unless he or she is receiving protective services through the local
				department of social services pursuant to G.S. 7B.
(b) The Subsidized Child Care Assistance
				Program shall provide assistance to children receiving Child Welfare Services.
				Child Welfare Services shall mean the protection of a child from abuse,
				neglect, or dependency or the provision of a safe permanent home for a child as
				described in
				G.S.
				7B-101;
				G.S.
				7B-300;
				G.S.
				48-1-101;
				G.S.
				108A-14(11) and (12);
				G.S.
				108A-48;
				10A NCAC
				70A; or
				10A NCAC
				70B.
(c) The provisions of this Rule shall not
				apply to children living in a foster care arrangement.
Authority
				  G.S.
				  143B-153;
Eff. July 1,
				  1983;
Amended Eff. April 1, 2001;
Readopted Eff. March
				  1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0900 - GENERAL POLICIES FOR PROVISION OF SUBSIDIZED CHILD CARE ASSISTANCE › Section 10 .0907 - SUPPORT FOR CHILDREN WITH OR AT RISK FOR DEVELOPMENTAL DELAYS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Subsidized Child Care Assistance
				Program shall provide assistance to a child who does not meet any eligibility
				criteria in this Section if the child's emotional, cognitive, social, or
				physical development is delayed or is at risk of being delayed, in accordance
				with this Rule.
(b) The Local
				Purchasing Agency shall document the type of developmental delay or the risk of
				delay in writing in the recipient's record. Information regarding the delay or
				risk of delay shall be provided by the child's parent, child care director,
				teacher, social worker, doctor, or other medical professional; however, medical
				or psychological reports shall not be required for a determination of
				eligibility.
(c) In making a
				determination of eligibility, the Local Purchasing Agency shall consider
				factors that include whether the child:
(1)
				has a severe disability or special needs;
(2) lives in a situation that inhibits his or
				her ability to develop normally, including living with elderly or adults with
				disabilities; and
(3) would benefit
				from early intervention in a child care setting that may prevent the child from
				experiencing serious, ongoing problems later in life.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0900 - GENERAL POLICIES FOR PROVISION OF SUBSIDIZED CHILD CARE ASSISTANCE › Section 10 .0908 - REPEALED - LIMITATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-153;
Eff. July 1,
				  1983;
Amended Eff. April 1, 2001; February 1, 1996; July 1,
				  1990;
Repealed Eff. March 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0900 - GENERAL POLICIES FOR PROVISION OF SUBSIDIZED CHILD CARE ASSISTANCE › Section 10 .0909 - RECIPIENT CHOICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Recipients
				shall choose a child care facility approved for participation in the Subsidized
				Child Care Assistance Program pursuant to Section.0600 of these Rules to
				provide child care services for the recipient's eligible children. The Local
				Purchasing Agency shall accept the recipient's choice of facility if there is
				space available in the facility and the child's enrollment will not violate the
				facility's licensed capacity as set forth in
				G.S.
				110-91(6).
(b) During the eligibility determination,
				Local Purchasing Agencies shall notify recipients of their right to choose any
				approved child care facility.
Authority
				  G.S.
				  143B-153;
				  45 CFR
				  98.30;
				  45 CFR 98.31;
Eff.
				  July 1, 1991;
Amended Eff. April 1, 2001;
Readopted
				  Eff. March 1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .0900 - GENERAL POLICIES FOR PROVISION OF SUBSIDIZED CHILD CARE ASSISTANCE › Section 10 .0910 - CHILDREN WITH SPECIAL NEEDS

Current through Register Vol. 39, No. 2, July 15, 2024
The Local Purchasing Agency shall have on file an
				  Individualized Education Program (IEP) as defined in
				  G.S.
				  115C-106.3, an Individualized Family Service
				  Plan (IFSP) as defined in
				  10A NCAC
				  27G.0903, a Section 504 Plan as defined in
				  29 USC
				  794, or a Person-Centered Plan (PCP) as
				  defined in
				  10A NCAC
				  70G.0402 for all children with special needs
				  who have been determined eligible for the Subsidized Child Care Assistance
				  Program that documents the special need or disability in accordance with these
				  Rules.
Authority
				  G.S.
				  143B-153(2a);
Eff. December 1, 1992;
Amended Eff. December 1, 2011; April 1,
				  2001; February 1, 1996;
Readopted Eff. March 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .1000 - ELIGIBILITY FOR SERVICES › Section 10 .1001 - BASIC ELIGIBILITY CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
An individual shall be eligible to receive subsidized child
				  care services in accordance with Section.0900 of these Rules if:
(1) he or she meets the requirements in
				10A NCAC
				10.1002 and
				10.1002 .1003; or
(2) the service is available without regard
				to income pursuant to
				10A NCAC
				09 .1004.
Authority
				  G.S.
				  143B-153;
Eff. July 1,
				  1983;
Amended Eff. April 1, 2001; February 1, 1996; October 1,
				  1991; July 1, 1990;
Readopted Eff. March 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 10 - SUBSIDIZED CHILD CARE › Section .1000 - ELIGIBILITY FOR SERVICES › Section 10 .1002 - INCOME ELIGIBLE STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the purpose
				of this Rule, the term "income unit" means persons who reside in the same
				household and who are responsible for the financial support of the individual
				whose eligibility for child care services is being determined.
(b) For the purposes of the rules in this
				Chapter, "income unit size" means the number of individuals in the income unit,
				and "gross income of the income unit" means the total amount of the income used
				to determine child care eligibility.
(c) If an individual meets any of the
				criteria set forth in
				10A NCAC
				10.0905 or
				10.0905 .0907, the Local
				Purchasing Agency shall determine:
(1) the
				number of persons in the individual's income unit through the eligibility
				application in NC FAST or through the eligibility interview process;
				and
(2) the amount of gross income
				available to the income unit in accordance with
				10A NCAC
				10.1006.