reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1706 - NUTRITION STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Meals and
				snacks served to children in a Family Child Care Home shall comply with the
				Meal Patterns for Children in Child Care Programs from the United States
				Department of Agriculture (USDA) which are based on the recommended nutrient
				intake judged by the National Research Council to be adequate for maintaining
				good nutrition. The types of food, number, and size of servings shall be
				appropriate for the ages and developmental levels of the children in care. The
				Meal Patterns for Children in Child Care Programs are incorporated by reference
				and include subsequent amendments. A copy of the Meal Patterns for Children in
				Child Care Programs is available online at
https://www.fns.usda.gov/cacfp/meals-and-snacks
at no cost.
(b) When children bring
				their own food for meals and snacks to the program, if the food does not meet
				the nutritional requirements specified in Paragraph (a) of this Rule, the
				operator must provide additional food necessary to meet those
				requirements.
(c) A child's parent
				may opt out of the supplemental food provided by the operator as set forth in
				G.S.
				110-91(2) h.1. When a
				child's parent opts out of the supplemental food provided by the family child
				care home, the operator shall obtain the parents signature acknowledging the
				parental decision and shall maintain the acknowledgment in the child's file at
				the home and provide a copy to the parent. A child's parent may opt out of the
				supplemental food provided by the family child care home, subject to the
				following:
(1) the operator shall not provide
				any food or drink so long as the child's parent or guardian provides all meals,
				snacks, and drinks scheduled to be served at the program's designated
				times;
(2) the opt out ability is
				not available for specific meals or days based on menu options;
(3) if a child requests specific foods being
				served to other children, but the parent has opted out, the operator shall not
				serve supplemental food; and
(4) if
				the child's parent has opted out, but does not provide all meals and snacks for
				the child, the operator shall replace the missing meal or snack as if the
				child's parent or guardian had not opted out of the supplemental food
				program.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1707 - BUILDING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The applicant shall ensure that the family child care home
				  complies with the following requirements:
(1) all children are kept on the ground level
				of exit discharge;
(2) all family
				child care homes must be free of lead poisoning hazards as defined in
				G.S.
				130A-131.7(7) and asbestos
				hazards;
(3) all homes are equipped
				with an electrically operated (with a battery backup) smoke detector, or one
				electrically operated and one battery operated smoke detector located next to
				each other;
(4) all homes are
				provided with at least one five pound 2-A: 10-B: C type extinguisher for every
				2,500 square feet of floor area;
(5) heating appliances shall be installed and
				maintained according to any North Carolina Building Code provisions governing
				the building;
(6) all indoor areas
				used by children are heated when the indoor temperature is below 65 degrees and
				ventilated when the indoor temperature is above 85 degrees;
(7) pipes or radiators that are hot enough to
				be capable of burning children and are accessible to the children are covered
				or insulated; and
(8) children are
				cared for in space designated as the caregiving area on a floor plan provided
				by the operator to the Division as specified in
				10A NCAC
				09 .1709. Changes to the designated
				caregiving space shall be submitted to the Division 30 days prior to the new
				space being used by children.
Authority
				  G.S.
				  110-85;
				  110-86(3);
				  110-91;
				  143B-168.3;
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 .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1708 - PRE-LICENSING REQUIREMENTS FOR FAMILY CHILD CARE HOMES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The prospective operator of the family
				child care home shall complete the pre-licensing workshop provided by the
				Division prior to the Division issuing an initial license. The Division shall
				provide workshops for new family child care home applicants. Prospective
				licensees shall download, complete, and submit the pre-licensing registration
				form to the Division. The pre-licensing registration form contains demographic
				information and workshop location preferences. A schedule of these workshops
				and the pre-licensing registration form may be obtained from the Division at
http://ncchildcare.nc.gov/pdf_forms/prelicworkshop.pdf
.
(b) After completing the
				pre-licensing workshop, the prospective family child care home operator shall
				submit an application for a family child care home license and all supporting
				documentation as specified in
				10A NCAC
				09.1702.
Authority
				  G.S.
				  110-85;
				  110-88;
				  110-91;
				  143B-168.3;
Eff.
				  October 1, 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1709 - INSPECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To ensure
				compliance with G.S. 110, Article 7 and this Chapter, inspections shall be
				conducted as follows:
(1) The Division shall
				conduct at least one announced visit prior to the initial issuance of
				license.
(2) The Division shall
				make at least one unannounced visit annually to ensure compliance with the
				licensure statutes and rules.
(3)
				The Division shall make at least one unannounced visit when the Division
				receives a complaint alleging a violation of licensure statutes or rules, or if
				the Division has cause to believe an emergency exists at the
				facility.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1710 - PARENTAL ACCESS TO THE FAMILY CHILD CARE HOME

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The family child care home operator shall not knowingly permit a person on the
				premises of a family child care home who has been convicted of a "reportable
				conviction" as defined in
				G.S.
				14-208.6(4).
(b) The parent of a child enrolled in a
				family child care home shall be allowed access to the home during its operating
				hours for the purposes of contacting the child or evaluating caregiving space
				at the home and the care provided by the operator for the child. The parent
				shall notify the operator of his or her presence upon entering the
				premises.
(c) Parents subject to
				court orders related to custody of a child enrolled in a family child care home
				shall only be allowed access to the home in accordance with the court
				order.
Authority 110-85;
				  110-90.2; 110-91; 143B-168.3;
Eff. October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1711 - SUPERVISION OF CHILDREN IN A FAMILY CHILD CARE HOME

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Children shall be adequately supervised
				at all times in a family child care home. "Adequate supervision" shall mean
				that:
(1) For pre-school age children, the
				family child care home operator shall be positioned in the indoor and outdoor
				environment to maximize his or her ability to hear and see the children at all
				times and render immediate assistance;
(2) For school-age children, the operator
				shall be positioned in the indoor and outdoor environment to maximize his or
				her ability to hear or see the children at all times and render immediate
				assistance;
(3) The operator shall
				interact with the children while moving about the indoor or outdoor area;
				and
(4) For children of all ages:
(A) the operator shall know where each child
				is located and be aware of children's activities at all times;
(B) the operator shall provide supervision
				according to the individual age, needs, and capabilities of each
				child;
(C) all of the conditions in
				this Paragraph shall apply except when emergencies necessitate that adequate
				supervision is impossible. Written documentation of emergencies stating the
				date, time, and reason shall be maintained and available for review by Division
				representatives upon request; and
(D) for children who are sleeping or napping,
				the operator shall not be required to visually supervise them, but shall be
				able to hear and respond without delay to them. Children shall not sleep or nap
				in a room with a closed door between the children and the operator. The
				operator shall be on the same level of the home where children are sleeping or
				napping.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1712 - WRITTEN PLAN OF CARE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each family
				child care home operator (operator or operators) who intends to complete
				routine tasks while children are in care shall develop and adopt a written plan
				of care for completing routine tasks. For purposes of this Rule, routine tasks
				includes running errands, meeting personal and family demands, attending
				classes, and attending medical appointments.
(b) Operators who complete routine tasks with
				enrolled children shall limit these tasks to no more than two hours per
				week.
(c) Children shall not attend
				classes or medical appointments, with the family child care home operator, as
				described in Paragraph (a) of this Rule.
(d) Operators who attend classes, medical
				appointments, or who must complete routine tasks in excess of two hours per
				week, shall ensure that a qualified additional caregiver or substitute provider
				who meets the requirements of
				10A NCAC
				09.1729, cares for enrolled children during
				these times.
(e) The written plan
				of care shall:
(1) specify times for
				completing routine tasks and include those times on the written
				schedule;
(2) specify the names of
				any individuals, such as additional caregivers or substitute providers, who
				will be responsible for the care of children when the operator is attending to
				routine tasks;
(3) specify how the
				operator shall maintain compliance with transportation requirements specified
				in 10A
				NCAC 09.1723 if children are
				transported;
(4) specify how
				parents will be notified when children accompany the operator off premises for
				routine tasks not specified on the written schedule;
(5) specify any other steps the operator
				shall take to ensure routine tasks will not interfere with the care of
				children; and
(6) be provided and
				explained to parents of children in care on or before the first day the child
				attends the home. Parents shall sign a statement acknowledging the receipt and
				explanation of the plan. Parents shall also give written permission for their
				child to be transported by the operator for specific routine tasks that are
				included on the written schedule. The acknowledgment and written parental
				permission shall be retained in the child's record as long as the child is
				enrolled at the home and a copy of each document shall be maintained on file
				for review by the Division.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1713 - EMERGENCY MEDICAL CARE

Current through Register Vol. 39, No. 2, July 15, 2024
The family child care home operator (operator) shall have a
				  written plan that sets forth the steps to follow in the event of a child
				  medical emergency. This plan shall give the procedures to be followed to ensure
				  that any child who becomes ill or is injured and requires medical attention
				  while in care receives appropriate medical attention. The operator shall be
				  responsible for:
(1) ensuring
				appropriate medical care is given, and determining which of the following is
				needed:
(a) First Aid for an injury or illness
				needing only minimal attention; or
(b) calling 911 in accordance with CPR or
				First Aid training recommendations.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1714 - EMERGENCY PREPAREDNESS AND RESPONSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				For purposes of this Rule, the Emergency Preparedness and Response in Child
				Care is a training developed by the North Carolina Child Care Health and Safety
				Resource Center for child care operators and providers on creating an Emergency
				Preparedness and Response Plan and practicing, responding to, and recovering
				from emergencies in child care facilities.
(b) Existing family child care home operators
				(operator or operators) shall complete the Emergency Preparedness and Response
				in Child Care training. Within one year of the effective date of a new license,
				the operator of a new family child care home shall have completed the Emergency
				Preparedness and Response in Child Care training. When the trained staff member
				leaves employment, the family child care home shall ensure that another staff
				member completes the required training within four months of the vacancy.
				Documentation of completion of the training shall be maintained in the
				operator's personnel file.
(c) Upon
				completion of the Emergency Preparedness and Response in Child Care training,
				the operator shall develop the Emergency Preparedness and Response Plan. The
				Emergency Preparedness and Response Plan means a written plan that addresses
				how a child care facility will respond to both natural and man-made disasters,
				such as fire, tornado, flood, power failures, chemical spills, bomb threats,
				earthquakes, blizzards, nuclear disaster, or a dangerous person in the
				vicinity, to ensure the safety and protection of the children and additional
				caregivers. This Plan shall be on a template provided by the Division available
				at
https://rmp.nc.gov/portal/#
completed within four months of completion of the Emergency Preparedness and
				Response in Child Care training, and available for review.
(d) The Emergency Preparedness and Response
				Plan shall include the following:
(1) written
				procedures for accounting for all in attendance, including:
(A) the location of the children, staff,
				volunteer and visitor attendance lists; and
(B) the name of the person(s) responsible for
				bringing the children, staff, volunteer and visitor attendance lists in the
				event of an emergency.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1715 - OPERATIONAL POLICIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each operator
				shall have written operational policies that include at least the following
				information:
(1) the days and hours of
				operation;
(2) the age range of the
				children served;
(3) admission
				requirements and enrollment procedures;
(4) parent fees and payment plan;
(5) information about services provided by
				the operator, such as number of meals served, before and after school care, and
				transportation;
(6) items, if any,
				to be provided by parents;
(7) a
				schedule of daily, weekly, and monthly cleaning duties;
(8) written procedures for reporting
				suspected child abuse and neglect;
(9) the operator's discipline policy for
				behavior management;
(10) a
				description of opportunities for parent participation; and
(11) nutrition policies.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1716 - FAILURE TO MAINTAIN REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
If the Division determines that a family child care home
				  operator (operator) fails to maintain compliance with the requirements for
				  licensure, the Division may establish a time period to allow the operator to
				  achieve compliance or recommend issuance of an administrative action and civil
				  penalty in accordance with
				  10A NCAC
				  09.2200.
Authority
				  G.S.
				  110-85;
				  110-86(3);
				  110-88(1),(5),(6a);
				  110-91;
				  110-98;
				  110-103.1;
				  110-105;
				  110-105.2;
				  110-106;
				  143B-168.3;
				  150B-23;
Eff.
				  January 1, 1986;
Amended Eff. July 1, 1998; January 1, 1991;
				  January 1, 1987;
Readopted October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1720 - MEDICATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The family
				child care home operator may provide care for a mildly sick infant or child
				older than two months who has a Fahrenheit temperature less than 101 degrees
				and for infants younger than two months who have a Fahrenheit temperature of
				less than 100.4 any method including axillary or orally, and who remains
				capable of participating in routine group activities; so long as the child does
				not have any of the following:
(1) more than
				two stools above the child's normal pattern and diarrhea is not contained by a
				diaper or when toilet-trained children are having accidents;
(2) two or more episodes of vomiting within a
				12 hour period;
(3) lice, exclusion
				shall begin immediately upon identification until completion of first
				treatment;
(4) scabies;
(5) known chicken pox or a rash suggestive of
				chicken pox;
(6) tuberculosis,
				until a health professional provides a written statement that the child is not
				infectious;
(7) strep throat, until
				12 hours after antibiotic treatment has started and no fever is
				present;
(8) pertussis, until five
				days after appropriate antibiotic treatment;
(9) hepatitis A virus infection, until one
				week after onset of illness or jaundice;
(10) impetigo, exclusion may begin at the end
				of the program day until treatment has started;
(11) a physician's or other health
				professional's written order that the child be separated from other children;
				or
(12) exclusion for symptoms not
				included in this list shall be required if the symptoms prevent the child from
				participating comfortably in activities as determined by staff members of the
				program or the symptoms result in a need for care that is greater than the
				staff members can provide without compromising the health and safety of other
				children.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1721 - REQUIREMENTS FOR RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The family child care home operator shall maintain the following health records
				for each enrolled child, including his or her own child(ren) who are not
				school-age:
(1) a copy of the child's health
				assessment as required by
				G.S.
				110-91(1);
(2) a copy of the child's immunization
				record;
(3) an application for
				enrollment that includes information set forth in this Subparagraph provided by
				the Division that is completed and signed by a child's parent, as defined in
				10A NCAC
				09 .0102. A copy of the form may be found on
				the Division's website at
https://ncchildcare.ncdhhs.gov/pdf_forms/DCD-0377.pdf
.
				The completed form shall be on file the first day the child attends. An
				operator may use another form other than the one provided by the Division, as
				long as the form includes the following information:
(A) the child's full name and the name the
				child is to be called;
(B) the
				child's date of birth;
(C) any
				allergies and the symptoms and type of response required for allergic
				reactions;
(D) any health care
				needs or concerns, symptoms of and the type of response required for these
				health care needs or concerns;
(E)
				fears or behavior characteristics that the child has;
(F) the names of individuals to whom the
				operator may release the child as authorized by the person who signs the
				application;
(G) the names and
				phone numbers of persons to be contacted in an emergency situation;
(H) the name and phone number of the child's
				physician; and
(I) authorization
				for the operator to seek emergency medical care in the parent's
				absence.
(4) For any
				child with health care needs such as allergies, asthma, or other chronic
				conditions that require specialized health services, a medical action plan
				shall be attached to the application. The medical action plan shall be updated
				on an annual basis and when changes to the plan are made by the child's parent
				or health care professional. Sample medical action plans may be found on the
				Division's website at
https://ncchildcare.ncdhhs.gov/providers/pv_provideforms.asp
.
				The medical action plan shall be completed by the child's parent or a health
				care professional and may include the following:
(A) a list of the child's diagnosis or
				diagnoses including dietary, environmental, and activity considerations that
				are applicable;
(B) contact
				information for the health care professional(s);
(C) medications to be administered on a
				scheduled basis; and
(D)
				medications to be administered on an emergency basis with symptoms, and
				instructions.
(5) when
				medication is administered, authorization for the operator to administer the
				specific medication according to the parent's or physician's
				instructions.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1722 - PROHIBITED DISCIPLINE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No child shall
				be subjected to any form of corporal punishment by the family child care home
				operator, additional caregiver, substitute provider, or any other person in the
				home, whether or not these persons reside in the home as follows:
(1) No child shall be handled roughly in any
				way, including shaking, pushing, shoving, pinching, slapping, biting, kicking,
				or spanking;
(2) No child shall
				ever be placed in a locked room, closet, or box, or be left alone in a room
				separated from staff;
(3) No
				discipline shall ever be delegated to another child;
(4) No food shall be withheld or given as a
				means of punishment or reward;
(5)
				No child shall ever be disciplined for toileting accidents;
(6) No child shall ever be disciplined for
				not sleeping during rest period;
(7) No child shall be disciplined by
				assigning chores that require contact with or use of hazardous materials, such
				as cleaning bathrooms or floors, or emptying diaper pails;
(8) Physical activity, such as running laps
				and doing push-ups, shall not be withheld or required as punishment;
(9) No child shall ever be yelled at, shamed,
				humiliated, frightened, threatened, or bullied; and
(10) No child shall be restrained as a form
				of discipline unless the child's safety or the safety of others is at risk. For
				purposes of this Rule, "restraining" shall mean that a caregiver physically
				holds a child in a manner that restricts the child's movement, for a minimum
				amount of time necessary to ensure a safe environment. Children shall not be
				restrained through the use of heavy objects, including a caregiver's body, or
				any device such as straps, blankets, car seats, or cribs.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1724 - SAFE SLEEP PRACTICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each operator
				licensed to care for infants aged 12 months or younger shall develop, adopt,
				and comply with a written safe sleep policy that:
(1) specifies that the operator shall place
				infants aged 12 months or younger on their backs for sleeping, unless:
(A) for an infant aged six months or less,
				the operator receives a written waiver of this requirement from a health care
				professional; or
(B) for an infant
				older than six months, the operator receives a written waiver of this
				requirement from a health care professional, or a parent or a legal
				guardian;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1726 - PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The operator of a family child care home
				licensed to care for children up to five years of age shall develop and adopt
				policies to assist staff in preventing shaken baby syndrome and abusive head
				trauma. For purposes of this Rule, "staff" includes the operator, additional
				caregivers, substitute providers, and uncompensated providers. The policy shall
				include:
(1) how to recognize, respond to, and
				report the signs and symptoms of shaken baby syndrome and abusive head trauma.
				Signs and symptoms include: irritability, difficulty staying awake, difficulty
				breathing, inability to lift the head, seizures, lack of appetite, vomiting,
				and bruises;
(2) strategies to
				assist staff in coping with a crying, fussing, or distraught child;
(3) strategies to ensure staff members in
				understanding how to care for infants;
(4) strategies to ensure staff understand the
				brain development of children up to five years of age;
(5) a list of prohibited behaviors shall
				include, but not be limited to, shaking a child, tossing a child into the air
				or into a crib, chair, or car seat, and pushing a child into walls, doors, and
				furniture; and
(6) resources to
				assist staff and families in preventing shaken baby syndrome and abusive head
				trauma.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1727 - DISCIPLINE POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The family
				child care home operator shall provide a written copy of and explain the
				operator's discipline practices to each child's parent at the time of
				enrollment.
(b) The operator shall
				obtain a statement signed and dated by the parent that attests that a copy of
				the written discipline policy was given to, and discussed with him or
				her.
(c) That statement shall
				include the following:
(1) the child's
				name;
(2) the date of enrollment;
				and
(3) if different, the date the
				parent signs the statement.
The signed, dated statement must be in the child's record and
				  must remain on file as long as the child is enrolled.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1728 - OVERNIGHT CARE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A safe and
				comfortable bed, crib, or cot, equipped with a firm waterproof mattress at
				least four inches thick and a fitted sheet shall be provided for each child who
				remains in the home after midnight. The top of bunk beds shall be used by
				school-age children only.
(b) A
				supply of clean linen must be on hand so that linens can be changed whenever
				they become soiled or wet. Linens shall be changed weekly or whenever they
				become soiled or wet.
(c) An
				operator licensed to care for children overnight may sleep during the nighttime
				hours
when all the children are asleep, provided:
(1) the operator and the children in care,
				excluding the operator's own children, are on ground level;
(2) the operator can hear and respond to the
				children; and
(3) a battery
				operated smoke detector or an electrically operated (with a battery backup)
				smoke detector is located in each room where children are sleeping.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1729 - ADDITIONAL CAREGIVER AND SUBSTITUTE PROVIDER QUALIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An individual who provides care for five
				hours or more in a week during planned absences of the family child care home
				operator shall:
(1) be 21 years
				old;
(2) have a high school diploma
				or GED;
(3) have completed a First
				Aid and cardiopulmonary resuscitation (CPR) course within 12 months prior to
				caring for children;
(4) have
				completed a health questionnaire;
(5) have proof of negative results of a
				tuberculosis test or screening completed within 12 months prior to the first
				day of providing care;
(6) have
				submitted criminal background check forms as required in Rule.2703 of this
				Chapter;
(7) have documentation of
				annual on-going training as described in Rule.1703(d) of this Section after the
				first year of employment;
(8) have
				completed ITS-SIDS training, if licensed to care for infants;
(9) have completed Recognizing and Responding
				to Suspicions of Child Maltreatment training; and
(10) have documentation that the operator has
				reviewed the requirements found in this Chapter, including the Emergency
				Preparedness and Response Plan, and in G.S. Chapter 110, Article 7.
While the individual provides care at a family child care
				  home, copies of information required by Subparagraphs (1) through (10) of this
				  Paragraph shall be on file in the home and available for review by the
				  Division.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1730 - ACTIVITIES INVOLVING WATER

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The requirements in this Rule apply to "aquatic activities," which are defined
				as activities that take place in a body of water such as swimming, swimming
				instruction, wading, and visits to water parks. Aquatic activities do not
				include water play activities such as water table play, slip and slide
				activities, or playing in sprinklers.
(b) Aquatic activities involving the
				following are prohibited:
(1) hot
				tubs;
(2) spas;
(3) saunas or steam rooms;
(4) portable wading pools; and
(5) natural bodies of water and other
				unfiltered, nondisinfected containments of water.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1700 - FAMILY CHILD CARE HOME REQUIREMENTS › Section 09 .1731 - ADDITIONAL HEALTH AND SAFETY TRAINING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-88;
				  110-91(11);
				  143B-168.3;
Temporary Adoption Eff. September 23, 2016;
Temporary Adoption
				  Expired July 14, 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1800 - STAFF/CHILD INTERACTIONS AND BEHAVIOR MANAGEMENT › Section 09 .1801 - SUPERVISION IN CHILD CARE CENTERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Children shall be adequately supervised at all times in child care centers.
				Adequate supervision shall mean that:
(1)
				staff must be positioned in the indoor and outdoor environment to maximize
				their ability to hear or see the children at all times and render
				assistance;
(2) staff must interact
				with the children while moving about the indoor or outdoor area;
(3) staff must know where each child is
				located and be aware of the children's activities at all times;
(4) staff must provide supervision
				appropriate to the individual age, needs, and capabilities of each child;
				and
(5) staff must be able to see
				and hear children aged birth to five years old while the children are eating.
All of the conditions in this Paragraph shall apply except
				  when emergencies necessitate that adequate supervision is impossible.
				  Documentation of emergencies shall be maintained and available for review by
				  Division representatives upon request.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1800 - STAFF/CHILD INTERACTIONS AND BEHAVIOR MANAGEMENT › Section 09 .1802 - STAFF/CHILD INTERACTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Staff shall interact with children in positive ways by
				  helping them feel welcome and comfortable, treating them with respect,
				  listening to what they say, responding to them with acceptance and
				  appreciation, and participating in activities with the children. For example,
				  staff shall:
(1) make eye contact when
				speaking to a child;
(2) engage
				children in conversation to share experiences, ideas, and opinions;
(3) help children develop problem-solving
				skills; and
(4) facilitate learning
				by providing positive reinforcement, encouraging efforts, and recognizing
				accomplishments.
Authority
				  G.S.
				  110-85;
				  110-91(8),(11);
				  143B-168.3;
Eff.
				  July 1, 2010;
Readopted Eff. October 1, 2017 (Transferred from
				  10A NCAC
				  09 .0501).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1800 - STAFF/CHILD INTERACTIONS AND BEHAVIOR MANAGEMENT › Section 09 .1803 - PROHIBITED DISCIPLINE IN CHILD CARE CENTERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No
				child shall be subjected to any form of corporal punishment by the owner,
				operator, director, or staff of any child care center. For purposes of this
				Rule, "staff" shall mean any regular or substitute caregiver, any volunteer,
				and any auxiliary personnel, including cooks, secretaries, janitors, maids, or
				vehicle drivers. The following shall apply at all child care centers:
(1) no child shall be handled roughly in any
				way, including shaking, pushing, shoving, pinching, slapping, biting, kicking,
				or spanking;
(2) no child shall be
				placed in a locked room, closet, or box or be left alone in a room separated
				from staff;
(3) no discipline shall
				be delegated to another child;
(4)
				no food shall be withheld as punishment or given as a means of
				reward;
(5) no child shall be
				disciplined for toileting accidents;
(6) no child shall be disciplined for not
				sleeping during rest period;
(7) no
				child shall be disciplined by assigning chores that require contact with or use
				of hazardous materials, such as cleaning bathrooms, floors, or emptying diaper
				pails;
(8) physical activity, such
				as running laps and doing push-ups, shall not be withheld as punishment or
				required as punishment;
(9) no
				child shall be yelled at, shamed, humiliated, frightened, threatened, or
				bullied; and
(10) no child shall be
				restrained as a form of discipline unless the child's safety or the safety of
				others is at risk. For purposes of this Rule, "restraining" shall mean that a
				caregiver physically holds a child in a manner that restricts the child's
				movement, for a minimum amount of time necessary to ensure a safe environment.
				Notwithstanding any other provision of this Rule, no child shall be restrained
				through the use of heavy objects, including a caregiver's body, or any device
				such as straps, blankets, car seats, or cribs.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1800 - STAFF/CHILD INTERACTIONS AND BEHAVIOR MANAGEMENT › Section 09 .1804 - DISCIPLINE POLICY FOR CHILD CARE CENTERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The person who conducts the enrollment conference shall provide a written copy
				of and explain the center's discipline policies to each child's parents at the
				time of enrollment.
(b) The child
				care center shall obtain from each parent, legal guardian, or full-time
				custodian a statement that attests that a copy of the center's written
				discipline policies was given to and discussed with him or her. That statement
				shall include the following:
(1) the child's
				name;
(2) the date of enrollment;
				and
(3) if different, from the
				enrollment date the date the parent, legal guardian, or full-time custodian
				signed the statement.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1900 - SPECIAL PROCEDURES CONCERNING ABUSE/NEGLECT IN CHILD CARE › Section 09 .1901 - REPEALED - NOTIFICATION TO COUNTY DEPARTMENTS OF SOCIAL SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-88(5);
				  143B-168.3;
Eff.
				  January 1, 1986;
Amended Eff. April 1, 2001; November 1,
				  1989;
Repealed Eff. October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1900 - SPECIAL PROCEDURES CONCERNING ABUSE/NEGLECT IN CHILD CARE › Section 09 .1903 - REPEALED - INVESTIGATION PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  7B-301;
				  110-88(5);
				  110-105;
				  143B-168.3;
Eff.
				  January 1, 1986;
Amended Eff. April 1, 2001; October 1, 1991; July
				  1, 1988; January 1, 1987;
Repealed Eff. October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .1900 - SPECIAL PROCEDURES CONCERNING ABUSE/NEGLECT IN CHILD CARE › Section 09 .1904 - REPEALED - ADMINISTRATIVE SANCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-88(5);
				  110-88(6a);
				  110-102.2;
				  110-103.1;
				  143B-168.3;
				  150B-3;
				  150B-23;
Eff.
				  January 1, 1986;
Amended Eff. April 1, 2001; August 1, 1990;
				  November 1, 1989; July 1, 1988;
Repealed Eff. February 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2000 - RULEMAKING AND CONTESTED CASE PROCEDURES › Section 09 .2001 - PETITIONS FOR RULEMAKING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Any person wishing to request the adoption, amendment, or repeal of a rule made
				by the Child Care Commission (hereinafter referred to as the Commission) shall
				make the request in a written petition to:
Rulemaking Coordinator
Division of Child Development and Early Education
2201 Mail Service Center
Raleigh, North Carolina 27699-2200
(b) Petitions for adoption or amendment of a
				rule shall include a draft of the proposed rule, and the name and address of
				the petitioner. The petition may also include any of the following items known
				to the petitioner:
(1) the statutory authority
				for the Commission to promulgate the rule;
(2) the effect on existing rules;
(3) any data supporting the
				proposal;
(4) the effect of the
				proposed rule on existing practices in the area involved, including cost
				factors;
(5) the names and
				addresses of those most likely to be affected by the proposed; and
(6) the reasons for the proposal.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2000 - RULEMAKING AND CONTESTED CASE PROCEDURES › Section 09 .2002 - RULEMAKING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The rulemaking
				procedures for the Secretary of the Department of Health and Human Services
				codified in
				10A NCAC
				01A.0104 are hereby incorporated by reference
				including subsequent amendments and editions, with the following modifications:
(1) Correspondence related to the
				Commission's rulemaking actions shall be submitted to:
Rulemaking Coordinator
Division of Child Development and Early Education
2201 Mail Service Center
Raleigh, North Carolina 27699-2200
(2) "Hearing officer" shall mean the Chairman
				of the Child Care Commission or the Chairman's designee.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2000 - RULEMAKING AND CONTESTED CASE PROCEDURES › Section 09 .2003 - DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All requests
				for declaratory rulings shall be by written petition as described in Paragraph
				(b) of this Rule and shall be submitted to:
Rulemaking Coordinator
Division of Child Development and Early Education
2201 Mail Service Center
Raleigh, North Carolina 27699-2200
(b) Every request for a declaratory ruling
				shall include the following information:
(1)
				the name and address of the petitioner;
(2) the statute or rule to which the petition
				relates;
(3) a statement of the
				manner in which the petitioner is aggrieved by the rule or statute or its
				potential application to him or her; and
(4) the consequences for the petitioner of a
				failure to issue a declaratory ruling.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2000 - RULEMAKING AND CONTESTED CASE PROCEDURES › Section 09 .2004 - CONTESTED CASES: DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following terms shall have the following meaning for this
				  Section:
(1) "Department" means the
				Department of Health and Human Services;
(2) "Hearing" means a contested case hearing
				as provided in
				G.S.
				150B-2(2) and
				150B-23;
(3) "OAH" means the Office of Administrative
				Hearings.
Authority
				  G.S.
				  110-85;
				  110-94;
				  150B-23;
Eff.
				  November 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 23, 2015;
Amended Eff.
				  February 1, 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2000 - RULEMAKING AND CONTESTED CASE PROCEDURES › Section 09 .2005 - CONTESTED CASES: REQUEST FOR DETERMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In accordance with
				G.S.
				150B-22, any person may request a
				determination of his or her legal rights, privileges, or duties as they relate
				to laws or rules administered by the Department.
(b) All petitions for hearings regarding
				matters under the control of the Department shall be filed with the OAH in
				accordance with
				G.S.
				150B-23 and
				26 NCAC
				03.0103. In accordance with
				G.S.
				1A-1, Rule 4(j)4, the petition shall be
				served on a registered agent for service of process for the Department. A list
				of registered agents may be obtained from the Office of General Counsel, 2001
				Mail Service Center, Raleigh, NC 27699-2001.
Authority
				  G.S.
				  150B-22;
				  150B-23;
Eff.
				  November 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 23, 2015;
Amended Eff.
				  February 1, 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2000 - RULEMAKING AND CONTESTED CASE PROCEDURES › Section 09 .2006-.2007 - CONTESTED CASES: RECORD

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-10;
				  143B-10(j)(3);
				  150B-11;
				  150B-23(e);
				  150B-29(b);
				  150B-36;
				  150B-37;
Eff.
				  November 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 23, 2015;
Repealed Eff.
				  December 1, 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2100 - RELIGIOUS-SPONSORED CHILD CARE CENTER REQUIREMENTS › Section 09 .2101 - CENTERS OPERATING UNDER G.S. 110-106

Current through Register Vol. 39, No. 2, July 15, 2024
(a) At
				least 30 days prior to the first day of operation of a new religious-sponsored
				child care center, the prospective operator shall send a "Letter of Intent to
				Operate" to the Division. That letter shall include the following:
(1) the name, address, and telephone number
				of the operator and the center, if known;
(2) the proposed number and age range of
				children to be served;
(3) the
				center's scheduled opening date; and
(4) required criminal history records check
				documentation for the prospective operator and all known staff members as set
				forth in G.S. 110-90.2.
A representative of the Division shall contact the
				  prospective operator no later than seven calendar days after the Letter of
				  Intent is received to advise the prospective operator of the applicable
				  requirements and procedures in G.S. 110, Article 7 and this Chapter.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2100 - RELIGIOUS-SPONSORED CHILD CARE CENTER REQUIREMENTS › Section 09 .2102 - USE OF CORPORAL PUNISHMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Corporal punishment may be used in religious-sponsored child care facilities in
				accordance with
				G.S.
				110-91(10), if:
(1) the religious-sponsored child care
				facility files a notice with the Division stating that corporal punishment is
				part of the religious training of its program; and
(2) the religious-sponsored child care
				facility states in its written policy of discipline that corporal punishment is
				part of the religious training of its program.