reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0100 - DEFINITIONS › Section 09 .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The terms and phrases used in this Chapter are defined as
				  follows:
(1) "Activity area" means a
				space that is accessible to children and where related equipment and materials
				are kept in accordance with
				G.S.
				110-91(12).
(2) "Agency" as used in this Chapter means
				Division of Child Development and Early Education, Department of Health and
				Human Services located at 333 Six Forks Road, Raleigh, North Carolina
				27609.
(3) "Appellant" means the
				person or persons who request a contested case hearing.
(4) "Asbestos hazard" means a condition that
				results in exposure to asbestos in excess of the standards set forth in
				10A NCAC
				41C .0607(a) or to a
				category of asbestos containing material defined at
				40 C.F.R.
				763.88(b)(1)-(6).
(5) "Basic School-Age Care" training (BSAC
				training) means the training on the elements of quality afterschool care for
				school-age children, developed by the North Carolina State University
				Department of 4-H Youth Development and subsequently revised by the North
				Carolina School-age Quality Improvement Project.
(6) "Biocontaminant" means blood, bodily
				fluids, or excretions that may spread infectious disease.
(7) "Child Care Center" means an arrangement
				where, at any one time, there are three or more preschool-age children or nine
				or more school-age children receiving child care. This does not include
				arrangements described in Item (18) of this Rule regarding Family Child Care
				Homes.
(8) "Child Care Facility"
				means child care centers, family child care homes, and any other child care
				arrangement not excluded by
				G.S.
				110-86(2) that provides
				child care, regardless of the time of day, wherever operated, and whether or
				not operated for profit.
(9) "Child
				care provider" as defined by
				G.S.
				110-90.2(a)(2) includes the
				following employees who have contact with the children in a child care program:
(a) facility directors;
(b) child care administrative
				staff;
(c) teachers;
(d) teachers' aides;
(e) substitute providers;
(f) uncompensated providers;
(g) cooks;
(h) maintenance personnel; and
(i) drivers.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0200 - GENERAL REQUIREMENTS › Section 09 .0201 - INSPECTIONS OF CHILD CARE FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
The Division shall visit and inspect all child care
				  facilities to ensure compliance with G.S 110, Article 7 and
				  10A NCAC
				  09.
(1) The Division shall make at least one
				unannounced visit annually to ensure compliance with the licensure statutes and
				as identified in this Rule.
(2) The
				Division shall make an 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 in accordance with
				G.S.
				110-105.
(3) The Division shall conduct an announced
				visit prior to the initial issuance of a license. The prospective licensee
				shall be notified in advance about the visit.
(4) This Rule shall not apply to the
				investigation of child care facilities that are operating without a license in
				violation of the statute.
Authority
				  G.S.
				  110-105;
				  143B-168.3;
Eff.
				  January 1, 1986;
Amended Eff. July 1, 1998;
Readopted
				  Eff. October 1, 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0200 - GENERAL REQUIREMENTS › Section 09 .0204 - CHANGES REQUIRING ISSUANCE OF A NEW LICENSE FOR A CHILD CARE CENTER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When the ownership of a child care center
				changes, the prospective new owner shall apply for a new license in accordance
				with Rule.0403 of this Chapter at least 30 days before acquiring ownership of
				the center. A child care center license shall not be bought, sold, or
				transferred by one person or entity to another.
(b) When a licensed child care center is to
				be moved from one location to another, the licensee shall apply for and receive
				a license for the new location before the licensee provides child care services
				at the new location. A child care center license shall not be transferable from
				one location to another.
(c) When a
				licensee desires to change the licensed capacity of a center, the licensee
				shall notify the Division of the following:
(1) If the licensee wishes to increase the
				licensed capacity by using space not currently approved for child care, the
				licensee shall obtain inspections of the unapproved space by the local health,
				building, and fire inspectors in accordance with
				G.S.
				110-91(1), (4), and (5).
				Once the licensee documents that the unlicensed 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 to reflect the increase in licensed
				capacity.
(2) If a licensee wishes
				to increase the center's licensed capacity by using space that is already
				approved for child care, the Division shall, upon request, issue a new license
				showing the increase in accordance with applicable requirements of G.S. 110,
				Article 7 and this Chapter.
(3) If
				a licensee wishes to decrease the center's licensed capacity, the Division
				shall, upon request, issue a new license reflecting the decrease.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0200 - GENERAL REQUIREMENTS › Section 09 .0205 - ACCESS TO CHILD CARE CENTER

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The parent of a child enrolled in a child care center shall be allowed access
				to the center during its operating hours for the purposes of contacting the
				child or evaluating caregiving space at the center and the care provided by the
				center for the child. The parent shall notify the on-site administrator of his
				or her presence upon entering the premises.
(b) Parents subject to court orders related
				to custody of a child enrolled in a child care center shall only be allowed
				access to the center in accordance with the court order.
(c) The child care operator shall not
				knowingly permit a person on the premises of a child care center who has been
				convicted of a "reportable conviction" as defined in
				G.S.
				14-208.6(4).
Authority
				  G.S.
				  110-85;
				  110-91;
				  143B-168.3;
Eff.
				  July 1, 1988;
Amended Eff. July 1, 1998; November 1,
				  1989;
Readopted Eff. October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0200 - GENERAL REQUIREMENTS › Section 09 .0206 - EXPIRED - CAPACITY OF THE CENTER

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-88(1a);
				  110-91(6);
				  143B-168.3;
Eff.
				  January 1, 1991;
Amended Eff. July 1, 1998;
Pursuant to
				  G.S.
				  150B-21.3A, rule Expired June 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0200 - GENERAL REQUIREMENTS › Section 09 .0207 - REPEALED - SCHOOL-AGE CHILDREN OF THE OPERATOR

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-86(3);
				  143B-168.3;
Eff.
				  October 1, 1991;
Repealed Eff. July 1,
				  1998.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0300 - PROCEDURES FOR OBTAINING A LICENSE › Section 09 .0301 - PRE-LICENSING REQUIREMENTS FOR CHILD CARE CENTERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				prospective licensee who has not previously operated a child care center in
				North Carolina shall attend a pre-licensing workshop provided by the Division
				before the Division schedules a pre-licensing visit. This includes persons
				seeking to operate a child care center pursuant to a Notice of Compliance. A
				schedule of these workshops provided by the Division may be found online at
				http://ncchildcare.dhhs.state.nc.us/pdf_forms/prelicworkshop.pdf.
(b) 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. The pre-licensing registration form may be found online
				at http://ncchildcare.dhhs.state.nc.us/pdf_forms/prelicworkshop.pdf.
(c) Upon completion of the pre-licensing
				workshop the prospective licensee shall submit an application for a license to
				the Division. The application can be found online at
http://ncchildcare.nc.gov/PDF_forms/FacilityProfileApp.pdf
.
(d) Upon receipt of the child care
				application the Division shall contact the prospective licensee to discuss Rule
				10A NCAC
				09.0302. A pre-licensing visit will be
				scheduled with the prospective licensee, when they are ready to demonstrate
				compliance with G.S. 110, Article 7 and this Chapter.
Authority
				  G.S.
				  110-88(1);
				  110-88(5);
				  143B-168.3;
Eff.
				  January 1, 1986;
Amended Eff. January 1, 2006; July 1,
				  1998;
Readopted Eff. October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0300 - PROCEDURES FOR OBTAINING A LICENSE › Section 09 .0302 - APPLICATION FOR A LICENSE FOR A CHILD CARE CENTER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				application for a license for a child care center shall be submitted on the
				form provided by the Division, which may be found online at
http://ncchildcare.ncdhhs.gov/PDF_forms/FacilityProfileApp.pdf
.
				The application for a child care center license shall include the following
				information:
(1) owner name;
(2) center name, address, phone number, and
				location address;
(3) center
				contact information;
(4) requested
				age range of children in the child care center;
(5) hours of operation;
(6) type of care to be provided;
(7) type of building;
(8) type of center;
(9) proposed opening date;
(10) proposed number of children to be
				served;
(11) type of business
				operation;
(12) history of
				operation or licensing of child care facilities; and
(13) signature of applicant of either:
(A) the individual who will be responsible
				for the operation of the center and for assuring compliance with G.S. 110,
				Article 7 and this Chapter; or
(B)
				an officer of an entity who will be responsible for the operation of the center
				and for ensuring compliance with G.S. 110, Article 7 and this Chapter.
Upon receipt of the application, the Division shall assess
				  the information provided to determine if the prospective licensee may be denied
				  a license for one or more of the reasons set forth in
				  10A NCAC
				  09.2215.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0300 - PROCEDURES FOR OBTAINING A LICENSE › Section 09 .0304 - ON-GOING REQUIREMENTS FOR A LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Each operator shall schedule and obtain a fire inspection within 12 months of
				the center's previous fire inspection. The operator shall notify the local fire
				inspector when it is time for the center's annual fire inspection. The operator
				shall submit the original of the approved annual fire inspection report to the
				Division within one week of the inspection visit on the form provided by the
				Division.
(b) Each center shall be
				inspected annually by an Environmental Health Specialist and receive an
				approved or superior rating in accordance with applicable sanitation
				requirements adopted by the Commission for Public Health as described in
				15A NCAC
				18A.2800.
(c) A new building inspection shall not be
				required unless the operator plans to begin using space not previously approved
				for child care, has made renovations to the building, has added new
				construction, or wants to remove any restriction related to building codes on
				the permit.
(d) When the Division
				documents noncompliance with G.S. 110, Article 7 or this Chapter during a
				visit, the Division may do any one or more of the following:
(1) require the operator to notify the
				Division in writing when the noncompliance has been corrected;
(2) return to the center for an unannounced
				visit to determine whether the noncompliance has been corrected; or
(3) take any administrative action in
				accordance with G.S. 110, Article 7 or
				10A NCAC
				09.2200.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0300 - PROCEDURES FOR OBTAINING A LICENSE › Section 09 .0305 - EXPIRED - REQUIREMENTS FOR A ONE-STAR RATED LICENSE FOR A CHILD CARE CENTER

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-90;
				  110-91;
				  143B-168.3;
Eff.
				  April 1, 1999;
Amended Eff. May 1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule Expired June 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0400 - ISSUANCE OF PROVISIONAL AND TEMPORARY LICENSES › Section 09 .0401 - REPEALED - PROVISIONAL LICENSES FOR FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-88(6);
				  110-99;
				  143B-168.3;
Eff.
				  January 1, 1986;
Amended Eff. July 1, 1998; April 1, 1992; August
				  1, 1990; July 1, 1988; January 1, 1987;
Repealed Eff. February 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0400 - ISSUANCE OF PROVISIONAL AND TEMPORARY LICENSES › Section 09 .0403 - TEMPORARY LICENSES FOR CENTERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				When an operator proposes to open a new center or to change the ownership or
				location of an existing center, the Division shall issue the operator a
				temporary license upon the receipt of a license application pursuant to
				10A NCAC
				09.0204 or
				09.0204 .0302 and the documents
				specified in
				10A NCAC
				09.0301 and
				09.0301 .0302.
(b) The temporary license shall be posted in
				a prominent place in the center that parents are able to view daily.
(c) The temporary license shall remain in
				effect for six months or until the issuance of a star-rated license, a special
				provisional license, provisional license, probationary license, summary
				suspension, suspension, or a denial of a rated license to the
				operator.
Authority
				  G.S.
				  110-88(10);
				  110-99;
				  143B-168.3;
Eff.
				  July 1, 1988;
Amended Eff. July 1, 1998; April 1, 1992; November 1,
				  1989;
Readopted Eff. October 1, 2017;
Amended Eff.
				  February 1, 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0500 - SCHEDULES AND ACTIVITIES › Section 09 .0505 - DEVELOPMENTAL DAY CENTERS

Current through Register Vol. 39, No. 2, July 15, 2024
Child care centers which meet the criteria for developmental
				  day centers, as defined in
				  10A NCAC
				  09.2901, shall be in compliance with the
				  provisions of Rules. 0508 through.0511 of this Chapter by complying with the
				  requirements for activities for developmental day centers set forth in
				  10A NCAC
				  09.2904.
Authority
				  G.S.
				  110-85;
				  110-88(14);
				  110-91(2),(12);
				  143B-168.3;
Eff.
				  January 1, 1987;
Amended Eff. July 1, 2010; July 1, 1998; July 1,
				  1988;
Readopted Eff. October 1, 2017 (Transferred from
				  10A NCAC
				  09 .0505);
Transferred from
				  10A NCAC
				  09.2512 Eff. August 28,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0500 - SCHEDULES AND ACTIVITIES › Section 09 .0508 - ACTIVITY SCHEDULES AND PLANS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				All centers shall have a current schedule and activity plan for each group of
				children posted for reference by parents and by caregivers. The schedule and
				activity plan may be combined in a single document.
(b) For each group of children in care, the
				activity plan shall include activities intended to stimulate the following
				developmental domains, in accordance with North Carolina Foundations for
				EarlyLearning and Development, available on the Division's website at
				http://ncchildcare.nc.gov/providers/pv_foundations.asp:
(1) emotional and social
				development;
(2) health and
				physical development;
(3)
				approaches to play and learning;
(4) language development and communication;
				and
(5) cognitive
				development.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0500 - SCHEDULES AND ACTIVITIES › Section 09 .0509 - LEARNING ENVIRONMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The learning environment consists of the indoor and outdoor
				  area which encourages child initiated and teacher supported activities as
				  follows:
(1) each center shall have
				developmentally appropriate equipment and materials accessible on a daily
				basis;
(2) the materials and
				equipment indoors and outdoors shall be sufficient to provide a variety of play
				experiences that promote the children's emotional and social development,
				health and physical development, approaches to play and learning, language
				development, and communication and cognitive development;
(3) teacher-made and home-made equipment and
				materials may be used. Materials and equipment that are accessible to children
				shall not be coated or treated with, nor shall they contain, toxic materials
				such as creosote, pentacholorphenol, tributyl tin oxide, dislodgeable arsenic,
				or and any finishes that contain pesticides; and
(4) developmentally appropriate equipment and
				materials shall be provided for a variety of outdoor activities that allow for
				active play and large muscle development. The center shall provide space and
				time for active indoor activities when children cannot play outdoors.
Authority
				  G.S.
				  110-85;
				  110-91(2),(12);
				  143B-168.3;
Eff.
				  July 1, 1988;
Amended Eff. July 1, 2010; July 1, 1998; January 1,
				  1996;
Readopted Eff. October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0500 - SCHEDULES AND ACTIVITIES › Section 09 .0510 - ACTIVITY AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For each group
				of children in care, the center shall provide daily four of the five activity
				areas listed in
				G.S.
				110-91(12) as follows:
(1) Centers with a licensed capacity of 30 or
				more children shall have at least four activity areas available in the space
				occupied by a group of children.
(2) Centers with a licensed capacity of less
				than 30 children shall have at least four activity areas available. Separate
				groups of children may share use of the same activity areas.
(3) Centers with a licensed capacity of 3 to
				12 children located in a residence shall have at least four types of activities
				available.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0500 - SCHEDULES AND ACTIVITIES › Section 09 .0511 - DAILY ROUTINES FOR CHILDREN UNDER TWO YEARS OF AGE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Children under two years of age shall require individualized daily routines
				based on their specific developmental needs. The center shall provide time and
				space for sleeping, eating, toileting, diaper changing, and playing according
				to each child's individual needs.
(b) The caregivers shall interact in a
				positive manner with each child every day, as follows:
(1) caregivers shall respond at the earliest
				opportunity to an infant or toddler's physical and emotional needs, especially
				when indicated by crying, through actions such as feeding, diapering, holding,
				positive touching, smiling, talking, and eye contact;
(2) the caregiver shall recognize the special
				difficulties of infant and toddler separations and assist families, infants,
				and toddlers to ease the transition from home to center such as a phased-in
				orientation process to allow infants and toddlers to experience limited amounts
				of time at the center before becoming integrated;
(3) a caregiver or team of caregivers shall
				be assigned to each infant or toddler as the primary caregiver(s) who is
				responsible for care the majority of the time; and
(4) the caregiver shall make provision for
				constructive guidance and setting limits that the child can understand and that
				foster the infant's or toddler's ability to be self-disciplined, as appropriate
				to the child's age and development.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0500 - SCHEDULES AND ACTIVITIES › Section 09 .0513 - ADMINISTRATIVE POLICIES

Current through Register Vol. 39, No. 2, July 15, 2024
Centers shall have administrative policies and practices that
				  provide for:
(1) selection and
				training of staff;
(2)
				communication with and opportunities for participation by parents;
(3) operational and fiscal management;
				and
(4) objective evaluation of the
				program, management, and staff in accordance with the rules of this
				Section.
Authority
				  G.S.
				  110-88(7);
				  110-90(4);
				  143B-168.3;
Eff.
				  April 1, 1999;
Amended Eff. July 1, 2000;
Prior to
				  amendment of May 1, 2006 this language was located in Rule.1601;
Amended Eff. May 1, 2016;
Readopted March 1, 2019 (Transferred from
				  10A NCAC
				  09 .2804).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0500 - SCHEDULES AND ACTIVITIES › Section 09 .0514 - OPERATIONAL AND PERSONNEL POLICIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Each center shall have written policies that describe the operation of the
				center and the services that are available to parents and their children. The
				operational policies shall include at least the following information:
(1) the days and hours the center
				operates;
(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 center, 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 center'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 .0500 - SCHEDULES AND ACTIVITIES › Section 09 .0515 - PARENT PARTICIPATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each center
				shall have a plan that will encourage parent participation and inform parents
				about the program and its services. The plan shall be discussed with parents on
				or before the child's first day of attendance and shall be posted in the center
				or a copy shall be given to parents on or before the child's first day of
				attendance.
(b) The plan shall
				include the following:
(1) a procedure for
				registering a child for child care that involves both parents when possible and
				that encourages a visit to the center by the child and the child's parents
				before the child begins attending the center;
(2) opportunities for caregiving staff to
				meet with parents on a regular basis to discuss their child's needs and
				progress and to exchange information about the program;
(3) activities that provide parents
				opportunities to participate in the center's program on an individual basis and
				as a group;
(4) a procedure for
				parents who need information or have complaints about the child care
				program.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0500 - SCHEDULES AND ACTIVITIES › Section 09 .0516 - NIGHT CARE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Developmentally
				appropriate activities shall be available for children during the evening
				hours. Quiet activities shall be planned just before bedtime. Children shall
				have opportunities to develop good personal care and health habits through
				routines.
(b) Schedules for the
				children receiving nighttime care shall be individually planned.
(c) When possible, children shall be left for
				care before, and picked up after, their normal sleeping period.
Authority
				  G.S.
				  110-88(7);
				  110-90(4);
				  143B-168.3;
Eff.
				  April 1, 1999;
Prior to amendment of May 1, 2006 this language was
				  located in Rule .1615;
Amended Eff. May 1, 2006;
Readopted Eff. March 1, 2019 (Transferred from
				  10A NCAC
				  09 .2808).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0600 - SAFETY REQUIREMENTS FOR CHILD CARE CENTERS › Section 09 .0601 - SAFE ENVIRONMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All child care
				centers shall provide a safe indoor and outdoor environment for the children in
				care.
(b) All equipment and
				furnishings shall be in good repair. All commercially manufactured equipment
				and furnishings shall be assembled and installed according to procedures
				specified by the manufacturer. For equipment and furnishings purchased after
				September 1, 2017, that include instructions from the manufacturer, those
				manufacturer's instructions shall be kept on file at the center, unless they
				are available electronically for review.
(c) Equipment and furnishings shall be
				sturdy, stable, and free of hazards that may injure children including sharp
				edges, lead based or peeling paint, rust, loose nails, splinters, protrusions
				(excluding nuts and bolts on sides of fences), and pinch and crush
				points.
(d) Staff of the center
				shall immediately remove all equipment and furnishings that do not meet the
				requirements of Paragraphs (b) and (c) of this Rule from the premises or make
				the equipment or furnishings inaccessible to the children.
(e) Each child care center shall provide
				equipment and furnishings that are child-size or that can be adapted for use by
				children. Chairs and tables shall be of appropriate height for the children who
				will be using them.
(f) Each child
				care center shall be free of lead poisoning hazards as defined in
				G.S.
				130A-131.7(7) and asbestos
				hazards.
Authority
				  G.S.
				  110-91(3),(6);
				  143B-168.3;
Eff.
				  January 1, 1986;
Amended Eff. January 1, 1996; January 1,
				  1991;
Readopted Eff. October 1, 2017;
Amended Eff.
				  February 1, 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0600 - SAFETY REQUIREMENTS FOR CHILD CARE CENTERS › Section 09 .0602-.0603

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-91(6);
				  143B-168.3;
Eff.
				  January 1, 1986;
Amended Eff. January 1, 1996; January 1,
				  1991;
Temporary Amendment Eff. October 1, 1997;
Amended
				  Eff. July 1, 1998;
Repealed Eff. October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0600 - SAFETY REQUIREMENTS FOR CHILD CARE CENTERS › Section 09 .0605 - OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Outdoor play equipment shall be age and developmentally appropriate.
(b) For outdoor play structures purchased or
				installed on or after September 1, 2017 the provider shall maintain
				manufacturer's instructions on file electronically or in paper
				format.
(c) Separate play areas or
				time schedules shall be provided for children under two years of age unless
				fewer than 15 children of any age are in care.
(d) If a center shares playground space with
				another center that serves children, a separate play area or time schedule
				shall be provided for each center.
(e) Children shall not be allowed to play on
				outdoor equipment that is too hot to touch.
(f) Children shall not be allowed to be
				bare-footed while outdoors if equipment or surfacing is too hot to
				touch.
(g) Any openings in
				equipment, steps, decks, handrails, and fencing shall be smaller than 3
				½ inches or greater than 9 inches to prevent entrapment.
(h) All upright angles shall be greater than
				55 degrees to prevent entrapment and entanglement.
(i) The outdoor play area shall be protected
				by a fence. The height shall be a minimum of four feet and the top of the fence
				shall be free of protrusions. The requirement disallowing protrusions on the
				tops of fences shall not apply to fences six feet high or above. The fencing
				shall exclude fixed bodies of water such as ditches, quarries, canals,
				excavations, and fish ponds. Gates to the fenced outdoor play area shall remain
				closed while children occupy the area.
(j) All stationary outdoor equipment more
				than 18 inches high shall be installed over protective surfacing. Footings
				which anchor equipment shall not be exposed. Protective surfacing shall be
				either:
(1) loose surfacing material,
				including wood mulch, double shredded bark mulch, uniform wood chips, fine
				sand, coarse sand, and pea gravel, except that pea gravel shall not be used if
				the area will be used by children under three years of age. Loose surfacing
				material shall not be installed over concrete; or
(2) other materials that have been certified
				by the manufacturer to be shock-absorbing protective material in accordance
				with the American Society for Testing and Materials (ASTM) Standard F 1292, may
				be used if installed, maintained, and replaced according to the manufacturer's
				instructions. This standard is incorporated by reference and does include
				subsequent editions. This standard may be found online at
https://www.astm.org/Standards/F1292.htm
for a cost of sixty-five dollars ($65.00).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0600 - SAFETY REQUIREMENTS FOR CHILD CARE CENTERS › Section 09 .0606 - SAFE SLEEP PRACTICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each center
				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 caregivers shall place
				infants aged 12 months or younger on their backs for sleeping, unless:
(A) for an infant aged six months or less,
				the center receives a written waiver of this requirement from a health care
				professional; or
(B) for an infant
				older than six months, the center 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 .0600 - SAFETY REQUIREMENTS FOR CHILD CARE CENTERS › Section 09 .0607 - EMERGENCY PREPAREDNESS AND RESPONSE IN CHILD CARE CENTERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the purposes of this Rule, the
				Emergency Preparedness and Response in Child Care is a session 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 centers.
(b) Existing
				child care centers shall have one person on staff who has completed the
				Emergency Preparedness and Response in Child Care training. New centers shall
				have one person on staff who has completed the Emergency Preparedness and
				Response in Child Care training within one year of the effective date of the
				initial license. When the trained staff member leaves employment, the center
				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 individual's personnel file or in a file designated for
				emergency preparedness and response plan documents.
(c) Upon completion of the Emergency
				Preparedness and Response in Child Care training, the trained staff shall
				develop the Emergency Preparedness and Response Plan. The Emergency
				Preparedness and Response Plan means a written plan that addresses how a child
				care center will respond to both natural and man-made disasters, such as fire,
				tornado, flood, power failures, chemical spills, bomb threats, earthquakes,
				blizzards, nuclear disasters, or a dangerous person or persons in the vicinity,
				to ensure the safety and protection of the children and staff. This Plan must
				be on a template provided by the Division available at
https://rmp.nc.gov/portal/#
and completed within four months of completion of the Emergency Preparedness
				and Response in Child Care training.
(d) The Emergency Preparedness and Response
				Plan shall include:
(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 .0600 - SAFETY REQUIREMENTS FOR CHILD CARE CENTERS › Section 09 .0608 - PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each child care center licensed to care
				for children up to five years of age shall develop and adopt policies to
				prevent shaken baby syndrome and abusive head trauma prior to licensure. The
				policy shall include the following:
(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 members in
				coping with a crying, fussing, or distraught child;
(3) Strategies to assist staff members in
				understanding how to care for infants;
(4) Strategies to ensure staff members
				understand the brain development of children up to five years of age;
(5) A list of prohibited behaviors that 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 members 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 .0700 - STAFF QUALIFICATIONS › Section 09 .0702 - REPEALED - STANDARDS FOR SUBSTITUTES, VOLUNTEERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-85;
				  110-91(1),(8),(9);
				  143B-168.3;
Eff.
				  January 1, 1986;
Amended Eff. July 1, 2010; July 1, 1998; October
				  1, 1991;
Repealed Eff. October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0700 - STAFF QUALIFICATIONS › Section 09 .0703 - GENERAL STATUTORY REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Child care providers, substitute providers, and uncompensated providers counted
				toward meeting the staff/child ratio requirements set forth in Rule.0713 of
				this Section shall meet the requirements of
				G.S.
				110-91(8). No one under 18
				years of age shall have responsibility for or be left in charge of a group of
				children.
(b) On or before the
				first day of work, the operator shall verify the age of substitute providers
				and volunteers and documentation of the substitute provider or volunteer's date
				of birth shall be maintained in the individual's personnel file in the center.
				Age shall be verified with any official document that provides a date of birth,
				such as a driver's license or birth certificate.
(c) Within six months of an individual
				assuming lead teacher or child care administrator duties, each center shall
				maintain the following information in the individual's staff record:
(1) a copy of the credential
				certificate;
(2) a copy of
				notification from the Division that the individual meets the equivalency or
				that the individual does not meet the equivalency and must enroll in
				coursework;
(3) a dated copy of the
				request submitted by the individual to the Division for the assessment of
				equivalency status; or
(4)
				documentation of enrollment in credential coursework.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0700 - STAFF QUALIFICATIONS › Section 09 .0704 - PRESERVICE REQUIREMENTS FOR CHILD CARE ADMINISTRATORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A child care administrator who has not
				met the staff qualifications required by
				G.S.
				110-91(8) shall meet the
				requirements in this Rule prior to exercising any child caring responsibilities
				as follows:
(1) have either a high school
				diploma or its equivalent;
(2) have
				two years of full-time work experience in a child care center or early
				childhood work experience; or an undergraduate, graduate, or associate degree,
				with 12 semester hours in child development, child psychology, early childhood
				education or directly related field; or a Child Development Associate
				Credential; or completion of a community or technical college curriculum
				program in the area of child care or early childhood; or one year of full-time
				child care or early childhood work experience and a North Carolina Early
				Childhood Credential; and
(3) have
				verification of having completed, or be currently enrolled in, two semester
				credit hours, or 32 clock hours, of training in the area of early childhood
				program administration; or, have one year experience performing administrative
				responsibilities.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0700 - STAFF QUALIFICATIONS › Section 09 .0705 - REPEALED - SPECIAL TRAINING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-88;
				  110-91(1),(8);
				  143B-168.3;
Eff.
				  January 1, 1986;
Amended Eff. January 1, 1996; January 1, 1992;
				  January 1, 1991; January 1, 1987;
Temporary Amendment Eff. October
				  1, 1997;
Amended Eff. July 1, 2008; November 1, 2005; May 1, 2004;
				  July 1, 1998;
Temporary Amendment Eff. September 23,
				  2016;
Repealed Eff. October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0700 - STAFF QUALIFICATIONS › Section 09 .0706 - EXPIRED - 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 .0700 - STAFF QUALIFICATIONS › Section 09 .0707 - REPEALED - IN-SERVICE AND ORIENTATION TRAINING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-88;
				  110-91(11);
				  143B-168.3;
Eff.
				  January 1, 1986;
Amended Eff. July 1, 2015; January 1, 2006; May 1,
				  2004; October 29, 1998; October 1, 1991; November 1, 1989; July 1, 1988;
				  January 1, 1987;
Temporary Amendment Eff. September 23,
				  2016;
Repealed Eff. October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0700 - STAFF QUALIFICATIONS › Section 09 .0710 - PRESERVICE REQUIREMENTS FOR LEAD TEACHERS AND TEACHERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If an individual already has a North
				Carolina Early Childhood Credential or its equivalent, none of the requirements
				of this Rule shall apply. If an individual does not have a North Carolina Early
				Childhood Credential or its equivalent, the requirements of this Rule shall be
				met.
(b) A lead teacher or a
				teacher shall be 18 years of age, have a high school diploma or its equivalent,
				and have one of the following:
(1) One year of
				child care experience working in a child care center or two years of verifiable
				experience as a licensed family child care home operator; or
(2) Completion of a two year high school
				program of Early Childhood Education in Family and Consumer Sciences Education;
				or
(3) Twenty hours of training in
				child development, which shall include the North Carolina Early Childhood
				Credential coursework, within the first six months of employment in addition to
				the number of on-going training hours required in Rule.1103 of this
				Chapter.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0700 - STAFF QUALIFICATIONS › Section 09 .0711 - PRESERVICE REQUIREMENTS FOR OTHER STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Any person whose job responsibility includes driving a vehicle to transport
				children, including any substitute driver, shall meet the requirements in
				Rule.1003 of this Chapter.
(b)
				Non-care giving staff or any person providing support to the operation of the
				program such as cooks, or office staff, shall be at least 16 years of age and
				meet the requirements of the local health department for food handlers when
				duties are related to food preparation or food service.
Authority
				  G.S.
				  110-85;
				  110-91(8);
				  143B-168.3;
Eff.
				  July 1, 1988;
Amended Eff. July 1, 1998; October 1, 1991; November
				  1, 1989;
Readopted Eff. October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0700 - STAFF QUALIFICATIONS › Section 09 .0712 - REPEALED - STAFF/CHILD RATIOS FOR CENTERS WITH A LICENSED CAPACITY OF LESS THAN 30 CHILDREN

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  110-91(7);
				  143B-168.3;
Eff.
				  December 1, 1988;
Amended Eff. January 1, 2006; July 1, 1998; July
				  1, 1994; January 1, 1992; August 1, 1990;
Repealed Eff. October 1,
				  2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .0700 - STAFF QUALIFICATIONS › Section 09 .0713 - STAFF/CHILD RATIOS FOR CENTERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The staff/child ratios and group sizes for single-age groups of children in
				centers shall be as follows:
Age of Children
Ratio Staff/Children
Maximum Group Size
0 to 12 Months
1/5
10
12 to 24 Months
1/6
12
2 to 3 Years
1/10
20
3 to 4 Years
1/15
25
4 to 5 Years
1/20
25
5 Years and Older
1/25
25
(1) when
				combining age groups, the staff/child ratio for the youngest child in the group
				shall be maintained for the entire group;
(2) children of all ages may be cared for
				together in groups for the first and last operating hour of the day, provided
				the staff/child ratio for the youngest child in the group is
				maintained;
(3) a child two years
				of age and older may be placed with children under one year of age when a
				physician certifies that the developmental age of the child makes this
				placement appropriate;
(4) when
				determined to be developmentally appropriate by the operator and parent, a
				child age two or older may be placed one age level above his or her
				chronological age without affecting the staff/child ratio for that group. This
				provision shall be limited to one child per group;
(5) except as provided in Subparagraphs (2)
				and (3) of this Paragraph, children under one year of age shall be kept
				separate from children two years of age and over;
(6) except as provided in Subparagraph (2) of
				this Paragraph, children between the ages of 12 months and 24 months shall not
				be grouped with older children unless all children in the group are less than
				three years of age;
(7) when only
				one caregiver is required to meet the staff/child ratio and no children under
				two years of age are in care, that caregiver may concurrently perform food
				preparation or other duties that are not direct child care responsibilities as
				long as supervision of the children as specified in
				10A NCAC
				09 .1801 is maintained;
(8) except as provided in Subparagraph (7) of
				this Paragraph, staff members and child care administrators who are counted in
				meeting the staff/child ratios as stated in this Rule shall not concurrently
				perform food preparation or other duties that are not direct child care
				responsibilities; and
(9) when only
				one caregiver is required to meet the staff/child ratio, the operator shall
				select one of the following options for emergency relief:
(A) the center shall post the name, address,
				and telephone number of an adult who has agreed in writing to be available to
				provide emergency relief; or
(B)
				there shall be a second adult on the premises who is available to provide
				emergency relief.
(10)
				the staff/child ratio applicable to a classroom as described in this Paragraph
				shall be posted in that classroom in an area that parents are able to view at
				all times.