Section .0100 ‑ Definitions

Link to law: http://reports.oah.state.nc.us/ncac/title 10a - health and human services/chapter 09 - child care rules/chapter 09 rules.html
Published: 2015

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CHAPTER 9 ‑ CHILD CARE RULES

 

SECTION .0100 ‑ DEFINITIONS

 

10A NCAC 09 .0101          RESERVED FOR FUTURE CODIFICATION

10A NCAC 09 .0102          DEFINITIONS

The terms and phrases used in this Chapter are defined as

follows except when the context of the rule requires a different meaning. The

definitions prescribed in G.S. 110-86 also apply to these Rules.

(1)           "Agency" as used in Section .2200 of this

Chapter means Division of Child Development and Early Education, Department of

Health and Human Services located at 820 South Boylan Avenue, Raleigh, North

Carolina 27603.

(2)           "Appellant" means the person or persons

who request a contested case hearing.

(3)           "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.

(4)           "Child Care Program" means a single

center or home, or a group of centers or homes, or both, that are operated by

one owner or supervised by a common entity.

(5)           "Child care provider" as defined by G.S.

110-90.2(a)(2)a. and used in Section .2700 of this Chapter includes the

following employees who have contact with the children in a child care program:



(a)           facility directors;

(b)           administrative staff;

(c)           teachers;

(d)           teachers' aides;

(e)           cooks;

(f)            maintenance personnel; and

(g)           drivers.

(6)           "Child Development Associate Credential"

means the national early childhood credential administered by the Council for

Early Childhood Professional Recognition.

(7)           "Curriculum" means a curriculum that has

been approved as set forth in these Rules by the NC Child Care Commission as

comprehensive, evidenced-based, and with a reading component.

(8)           "Developmentally appropriate" means

suitable to the chronological age range and developmental characteristics of a

specific group of children.

(9)           "Division" means the Division of Child

Development and Early Education within the Department of Health and Human

Services.

(10)         "Drop-in care" means a child care

arrangement where children attend on an intermittent, unscheduled basis.

(11)         "Early Childhood Environment Rating Scale -

Revised Edition" (Harms, Clifford, and Cryer, 2005, published by Teachers

College Press, New York, NY) is the instrument used to evaluate the quality of

care received by a group of children in a child care center, when the majority

of children in the group are two and a half years old through five years old,

to achieve three or more points for the program standards of a rated license.

This instrument is incorporated by reference and includes subsequent editions. 

A copy of the scale is available for purchase on the Teachers College Press

website at http://www.teacherscollegepress.com/assessment_materials.html.  The

cost of this scale in February 2015 is twenty-two dollars and ninety-five cents

($22.95).A copy of this instrument is on file at the Division at the address

given in Item (1) of this Rule and is available for public inspection during

regular business hours. For the purposes of this Rule, "regular business

hours" for the Division means 8 a.m. to 5 p.m. during weekdays, excluding

state holidays.

(12)         "Experience working with school-aged

children" means working with school-age children as an administrator,

program coordinator, group leader, assistant group leader, lead teacher,

teacher or aide.

(13)         "Family Child Care Environment Rating Scale –

Revised Edition" (Harms, Cryer and Clifford, 2007, published by Teachers

College Press, New York, NY) is the instrument used to evaluate the quality of

care received by children in family child care homes to achieve three or more

points for the program standards of a rated license. This instrument is incorporated

by reference and includes subsequent editions.  A copy of the scale is

available for purchase on the Teachers College Press website at http://www.teacherscollegepress.com/assessment_materials.html.The

cost of this scale in February 2015 is twenty-two dollars and ninety-five cents

($22.95).A copy of this instrument is on file at the Division at the address

given in Item (1) of this Rule and is available for public inspection during

regular business hours. 

(14)         "First aid kit" is a collection of first

aid supplies (such as bandages, tweezers, disposable nonporous gloves, micro

shield or face mask, liquid soap, cold pack) for treatment of minor injuries or

stabilization of major injuries.

(15)         "Group" means the children assigned to a

specific caregiver or caregivers, to meet the staff/child ratios set forth in

G.S. 110-91(7) and in this Chapter, using space the Division has identified for

each group.

(16)         "Health care professional" means:

(a)           a physician licensed in North Carolina;

(b)           a nurse practitioner approved to practice in

North Carolina; or

(c)           a licensed physician assistant.

(17)         "Household member" means a person who

resides in a family home as evidenced by factors including maintaining clothing

and personal effects at the household address, receiving mail at the household

address, using identification with the household address, or eating and

sleeping at the household address on a regular basis.

(18)         "If weather conditions permit" means:

(a)           temperatures that fall within the guidelines

developed by the Iowa Department of Public Health and specified on the Child

Care Weather Watch chart. These guidelines shall be used when determining

appropriate weather conditions for taking children outside for outdoor learning

activities and playtime. This chart may be downloaded free of charge from

http://www.idph.state.ia.us/hcci/common/pdf/weatherwatch.pdf, and

is incorporated by reference and includes subsequent editions and amendments;

(b)           following the air quality standards as set

out in 15A NCAC 18A .2832(d). The Air Quality Color Guide can be found on the

Division's web site at https://xapps.ncdenr.org/aq/ForecastCenter or call 1-888-RU4NCAIR

(1-888-784-6224); and

(c)           no active precipitation. Caregivers may

choose to go outdoors when there is active precipitation if children have

appropriate clothing such as rain boots and rain coats, or if they are under a

covered area.

(19)         "Infant/Toddler Environment Rating Scale -

Revised Edition" (Harms, Cryer, and Clifford, 2003, published by Teachers

College Press, New York, NY) is the instrument used to evaluate the quality of

care received by a group of children in a child care center, when the majority

of children in the group are younger than thirty months old, to achieve three

or more points for the program standards of a rated license. This instrument is

incorporated by reference and includes subsequent editions.  A copy of the

scale is available for purchase on the Teachers College Press website at http://www.teacherscollegepress.com/assessment_materials.html. 

The cost of this scale in February 2015 is twenty-two dollars and ninety-five

cents ($22.95).  A copy of this instrument is on file at the Division at the

address given in Item (1) of this Rule and is available for public inspection

during regular business hours.

(20)         "ITS-SIDS Training" means the

Infant/Toddler Safe Sleep and SIDS Risk Reduction Training developed by the NC

Healthy Start Foundation for the Division of Child Development and Early

Education for caregivers of children ages 12 months and younger.  Information

regarding trainer and training availability can be found on the Division's

website at http://ncchildcare.nc.gov/providers/pv_itssidsproject.asp.

(21)         "Licensee" means the person or entity that

is granted permission by the State of North Carolina to operate a child care

facility. The owner of a facility is the licensee.

(22)         "Lockdown drill" means an emergency safety

procedure in which occupants of the facility remain in a locked indoor space

and is used when emergency personnel or law enforcement determine a dangerous

person is in the vicinity.

(23)         "North Carolina Early Educator Certification

(certification)" is an acknowledgement of an individual's verified level

of educational achievement based on a standardized scale. The North Carolina

Institute for Child Development Professionals certifies individuals and assigns

a certification level on two scales:

(a)           the Early Care and Education Professional

Scale (ECE Scale) in effect as of July 1, 2010; or

(b)           the School Age Professional Scale (SA Scale)

in effect as of May 19, 2010.

Each scale reflects the amount of

education earned in the content area pertinent to the ages of children served.

The ECE Scale is designed for individuals working with or on behalf of children

ages birth to five. The SA Scale is designed for individuals working with or on

behalf of children ages 5 to 12 who are served in school age care settings. Information

on the voluntary certification process can be found on the North Carolina

Institute for Child Development Professionals website at http://ncicdp.org/certification-licensure/eec-overview/.

(24)         "North Carolina Early Childhood

Credential" means the state early childhood credential that is based on

completion of required early childhood coursework taken at any NC Community

College. Other post secondary curriculum coursework shall be approved as

equivalent if the Division determines that the content of the other post

secondary curriculum coursework offered is substantially equivalent to the NC

Early Childhood Credential Coursework. A copy of the North Carolina Early

Childhood Credential requirements is on file at the Division at the address

given in Item (1) of this Rule and is available for public inspection or

copying at no charge during regular business hours. This information can be

found on the Division’s website at http://ncchildcare.nc.gov/providers/credent.asp.



(25)         "Owner" means any person with a five

percent or greater equity interest in a child care facility; however,

stockholders of corporations who own child care facilities are not subject to

mandatory criminal history checks pursuant to G.S. 110-90.2 unless they are a

child care provider.

(26)         "Parent" means a child's parent, legal

guardian, or full-time custodian.

(27)         "Part-time care" means a child care

arrangement where children attend on a regular schedule but on less than a

full-time basis.

(28)         "Passageway" means a hall or corridor.

(29)         "Person" means any individual, trust,

estate, partnership, corporation, joint stock company, consortium, or any other

group, entity, organization, or association.

(30)         "Preschooler" or "preschool-age

child" means any child who does not fit the definition of school-age child

in this Rule.

(31)         "School-Age Care Environment Rating Scale"

(Harms, Jacobs, and White, 1996, published by Teachers College Press) is the

instrument used to evaluate the quality of care received by a group of children

in a child care center, when the majority of the children in the group are

older than five years, to achieve three or more points for the program

standards of a rated license. This instrument is incorporated by reference and

includes subsequent editions.  A copy of the scale is available for purchase on

the Teachers College Press website at http://www.teacherscollegepress.com/assessment_materials.html.The

cost of this scale in February 2015 is twenty-two dollars and ninety-five cents

($22.95).  A copy of this instrument is on file at the Division at the address

given in Item (1) of this Rule and is available for public inspection during

regular business hours.

(32)         "School-age child" means any child who is

attending or who has attended a public or private grade school or kindergarten

and meets age requirements as specified in G.S. 115C-364.

(33)         "Seasonal Program" means a recreational

program as set forth in G.S. 110-86(2)(b).

(34)         "Section" means Division of Child

Development and Early Education.

(35)         "Shelter-in-Place drill" means staying in

place to take shelter rather than trying to evacuate. It involves selecting a

small interior room, with no or few windows, used when emergency personnel or

law enforcement determine there is an environmental or weather related threat.

(36)         "Substitute" means any person who assumes

the duties of a staff person for a time period not to exceed two consecutive

months.

(37)         "Track-Out Program" means any child care

provided to school-age children when they are out of school on a year-round

school calendar.

(38)         "Volunteer" means a person who works in a

child care facility and is not monetarily compensated by the facility.

 

History Note:        Authority G.S. 110-85; 110-88;

143B-168.3;

Eff. January 1, 1986;

Amended Eff. April 1, 1992; October 1, 1991; October 1,

1990; November 1, 1989;

Temporary Amendment Eff. January 1, 1996;

Amended Eff. March 1, 2015; May 1, 2013; September 1,

2012; July 3, 2012; July 1, 2012; November 1, 2007; May 2006; May 1, 2004;

April 1, 2003; July 1, 2000; April 1, 1999; July 1, 1998; April 1, 1997.

 

SECTION .0200 ‑ GENERAL PROVISIONS RELATED TO LICENSING

 

10A NCAC 09 .0201          INSPECTIONS

The Division shall periodically visit and inspect all child

care centers to insure compliance with North Carolina General Statutes and

those rules and regulations adopted pursuant thereto.

(1)           A representative of the Division shall conduct an

announced visit prior to the initial issuance of the license.  The prospective

or current licensee shall be notified in advance about the visit.  This Rule

does not apply to the investigation of centers that are operating without a

license in violation of the law.

(2)           At the beginning of each fiscal year, the Division

shall prepare a written plan explaining the guidelines for making announced and

unannounced visits to licensed child care centers.  The plan shall be dated and

signed by the Division director and shall be kept in a confidential file.

(3)           A representative of the Division may make

unannounced visits to any licensed center whenever the Division receives a

complaint alleging violation of the licensing law or the rules in this

Subchapter, or if a representative of the Division has reason to believe an

emergency exists in the center.

 

History Note:        Authority G.S. 110‑105; 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. July

1, 1998.

 

10A NCAC 09 .0202          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .0203          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .0204          CHANGES REQUIRING ISSUANCE OF A NEW

LICENSE

(a)  When the operator, as defined in Rule .0102, of a

licensed child care center changes, the new operator must apply for a new

license at least 30 days prior to assuming ownership of the center.  A child

care license cannot be bought, sold, or transferred by one operator to another.

(b)  When a licensed child care center is to be moved from

one location to another, the licensee must apply for a license for the new

physical location as prescribed in Section .0300 of this Subchapter.  The

licensee must obtain the new license prior to occupying the new location.  A

child care license is not transferable from one location to another.

(c)  When a licensee desires to change the licensed capacity

of a center, the licensee must notify the Division.

(1)           If the licensee wishes to increase the

licensed capacity by using space not currently approved for child care, the

Division shall provide the licensee with appropriate forms to request

approval.  Once the additional space is approved, a new license shall be issued

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.

(3)           If a licensee wishes to decrease the

center's licensed capacity, the Division shall, upon request, issue a new

license reflecting the decrease.

(d)  When a licensee decides to conform with requirements in

order to remove a restriction on the age or number of children who can be

served in the center, the licensee shall notify the Division.  The Division

shall supply forms for the licensee to use to obtain approval from the local

inspectors, if necessary.  When the Division is notified that the center

conforms with all applicable requirements, a new license, without the

restriction, shall be issued.

 

History Note:        Authority G.S. 110‑88(8); 110‑93;

143B‑168.3;

Eff. January 1, 1986;

Amended Eff. July

1, 1998; July 1, 1988; January 1, 1987.

 

10A NCAC 09 .0205          PARENTAL ACCESS

The parent, guardian or full‑time custodian of a child

enrolled in any child care center subject to regulation under Article 7 of

Chapter 110 of the North Carolina General Statutes shall be allowed unlimited

access to the center during its operating hours for the purposes of contacting

the child or evaluating the center and the care provided by the center.  The

parent, guardian or custodian shall notify the on‑site administrator of

his or her presence immediately upon entering the premises.

 

History Note:        Authority G.S. 110‑85; 110-91; 143B‑168.3;

Eff. July 1, 1988;

Amended Eff. July

1, 1998; November 1, 1989.

 

10A NCAC 09 .0206          CAPACITY OF THE CENTER

 

History Note:        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.

 

10A NCAC 09 .0207          SCHOOL‑AGE CHILDREN OF THE

OPERATOR

 

History Note:        Authority G.S. 110‑86(3); 143B‑168.3;

Eff. October 1, 1991;

Repealed Eff. July

1, 1998.

 

section .0300 - PROCEDURES FOR OBTAINING A LICENSE

 

10A NCAC 09 .0301          PRE‑LICENSING REQUIREMENTS

(a)  Anyone who wishes to obtain a license to operate a

child care center shall first request pre‑licensing consultation from the

Division.

(b)  Upon receiving a request a representative of the

Division shall schedule a visit with the person requesting consultation, unless

the person requesting consultation meets the criteria described in Rule

.0302(g) of this Section.  The Division shall furnish the forms required to be

completed and submitted in order to apply for a license.

(c)  The Division shall provide regularly scheduled

licensing workshops for new and existing child care centers.  A schedule of

these workshops may be obtained from the Division at the address given in Rule

.0102 of this Chapter.  The operator of a child care center shall complete the

licensing workshop provided by the Division prior to the Division issuing an

initial license or an initial Notice of Compliance to the child care center.

 

History Note:        Authority G.S. 110-88(1); 110-88(5);

143B-168.3;

Eff. January 1, 1986;

Amended Eff. January 1, 2006; July 1, 1998.

 

10A NCAC 09 .0302          APPLICATION FOR A LICENSE FOR A CHILD

CARE CENTER

(a)  The prospective licensee of a child care center,

including assuring compliance with the licensing law and standards, shall apply

for a license for a child care center using the form provided by the Division. 

The form can be found on the Division's website at http://ncchildcare.dhhs.state.nc.us/general/mb_customerservice.asp. 

If the operator will be a group, organization, or other entity, an officer of

the entity shall complete and sign the application.

(b)  The applicant shall arrange for inspections of the

center by the local health, building, and fire inspectors.  The applicant shall

provide to the Division copies of inspection reports pursuant to G.S.

110-91(1), (4), and (5).  When a center does not conform with a building, fire,

or sanitation standard, the inspector may submit a written explanation of how

equivalent, alternative protection is provided.  The Division shall accept the

inspector's documentation in lieu of compliance with the standard. Nothing in

this Rule precludes or interferes with issuance of a provisional license

pursuant to Section .0400 of this Chapter.

(c)  The applicant, or the person responsible for the

day-to-day operation of the center, shall be able to describe the plans for the

daily program, including room arrangement, staffing patterns, equipment, and

supplies, in sufficient detail to show that the center shall comply with

applicable requirements for activities, equipment, and staff-child ratios for

the capacity of the center and type of license requested.  The applicant

shall make the following written information available to the Division for

review to verify compliance with provisions of this Chapter and G.S. 110,

Article 7:

(1)           Emergency Preparedness and Response Plan;

(2)           emergency medical care plan;

(3)           activity plans;

(4)           discipline policy;

(5)           incident reports; and

(6)           incident logs.

(d)  The applicant shall demonstrate to the Division that

the following is available for review pursuant to 10A NCAC 09 .0304(f):

(1)           staff records which include an application

for employment and date of birth; documentation of  education, training, and

experience; medical and health records; documentation of participation in

training and staff development activities; and required criminal history

records check documentation;

(2)           children's records which include an

application for enrollment; medical and immunization records; and permission to

seek emergency medical care;

(3)           daily attendance records;

(4)           daily records of arrival and departure

times at the center for each child;

(5)           records of monthly fire drills documenting

the date and time of each drill, the length of time taken to evacuate the

building, and the signature of the person who conducted the drill as required

by NC Fire Code 405.5;

(6)           records of monthly playground inspections

documented on a checklist provided by the Division; A copy of the form may be

found on the Division's website at http://ncchildcare.nc.gov/pdf_forms/playground.pdf.

(7)           records of medication administered; and

(8)           records of lockdown or shelter-in-place

drills as defined in 10A NCAC 09 .0102 giving the date each drill was held, the

time of day, the length of time taken to get into designated locations and the

signature of the person who conducted the drill.

(e)  The Division shall measure all rooms to be used for

child care and shall assure that an accurate sketch of the center's floor plan

is part of the application packet.  The Division shall enter the dimensions of

each room to be used for child care, including ceiling height, and shall show

the location of the bathrooms, doors, and required exits on the floor plan.

(f)  The Division shall make one or more inspections of the

center and premises to assess compliance with all applicable requirements as

follows:

(1)           if all applicable requirements of G.S. 110,

Article 7 and this Section are met, the Division shall issue the license; or

(2)           if all applicable requirements of G.S. 110,

Article 7 and this Section are not met, the Division may recommend issuance of

a provisional license in accordance with Section .0400 of this Chapter or the Division

may recommend denial of the application in accordance with Paragraph (g) of

this Rule.

(g)  The Secretary may deny an application for a license

under the following circumstances:

(1)           if any child care facility license

previously held by the applicant has been denied, revoked, or summarily

suspended by the Division;

(2)           if the Division initiated denial,

revocation, or summary suspension proceedings against any child care facility

license previously held by the applicant and the applicant voluntarily

relinquished the license;

(3)           during the pendency of an appeal of a

denial, revocation, or summary suspension of any other child care facility

license held by the applicant;

(4)           if the Division determines that the

applicant has a relationship with an operator or former operator who held a

license under an administrative action described in Subparagraphs (1), (2), or

(3) of this Paragraph.  As used in this Rule, an applicant has a

relationship with a former operator if the former operator would be involved

with the applicant's child care facility in one or more of the following ways:

(A)          would participate in the administration or operation

of the facility;

(B)          has a financial interest in the operation of the

facility;

(C)          provides care to children at the facility;

(D)          resides in the facility; or

(E)           would be on the facility's board of directors, be a

partner of the corporation, or otherwise have responsibility for the

administration of the business;

(5)           based on the applicant's previous

non-compliance as an operator with the requirements of G.S. 110, Article 7 or

this Chapter;

(6)           if abuse or neglect has been substantiated

against the applicant pursuant to G.S. 7B-101 or G.S. 110-105.2; or

(7)           if the applicant is a disqualified child

care provider or has a disqualified household member residing in the center

pursuant to G.S. 110-90.2.

(h)  In determining whether denial of the application for a

license is warranted pursuant to Paragraph (g) of this Rule, the Division shall

consider:

(1)           any documentation provided by the applicant

that describes the steps the applicant will take to prevent reoccurrence of

noncompliance issues that led to any prior administrative action taken against

a license previously held by the applicant;

(2)           training certificates or original

transcripts for any coursework from a nationally recognized regionally

accredited institution of higher learning related to providing quality child

care, and that was taken subsequent to any prior administrative action against

a license previously held by the applicant. "Nationally recognized"

means that every state in this nation acknowledges the validity of the

coursework taken at higher education institutions that meet the requirements of

one of the accrediting bodies;

(3)           proof of employment in a licensed child

care facility and references from the administrator or licensee of the child

care facility regarding work performance;

(4)           documentation of collaboration or

mentorship with a licensed child care provider to obtain additional knowledge

and experience related to operation of a child care facility; and

(5)           documentation explaining relationships with

persons meeting the criteria listed in Subparagraph (g)(4) of this Rule.

 

History Note:        Authority G.S. 110-85; 110-86; 110-88(2);

110-88(5); 110-91; 110-91(1), (4) and (5); 110-92; 110-93; 110-99; 143B-168.3;

Eff. January 1, 1986;

Amended Eff. July 1, 2015; March 1, 2014; August 1, 2011;

July 1, 2010; April 1, 2003; April 1, 2001; July 1, 1998; January 1, 1996;

November 1, 1989; July 1, 1988; January 1, 1987.

 

10A NCAC 09 .0303          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .0304          ON-GOING REQUIREMENTS FOR A PERMIT

(a)  Each operator shall schedule 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 completed annual fire inspection

report to the Division's representative within one week of the inspection visit

on the form provided by the Division.

(b)  Each

center shall be inspected at least annually by an Environmental Health

Specialist for compliance with applicable sanitation requirements adopted by

the Commission for Public Health as described in 15A NCAC 18A .2800.

(c)  A new

building inspection is not 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 currently on the permit.

(d)  When

the Division's representative documents noncompliance during a visit, the

representative shall:

(1)           Advise

the operator to submit written verification that the noncompliance has been

corrected;

(2)           Return

to the center for an unannounced visit at a later date to determine if

compliance has been achieved; or

(3)           Recommend issuance

of a provisional license in accordance with Section .0400 of this Chapter or

recommend the revocation of the permit or administrative actions in accordance

with Section .2200 of this Chapter.

(e)  The Division shall assess the

compliance history of a center by evaluating the violations of requirements

that have occurred.  Demerits shall be assigned for each occurrence of

violations of these requirements:

(1)           supervision of children (6 points),

(2)           staff/child ratio (6 points),

(3)           staff qualifications and training (2 to 5

points),

(4)           health and safety practices (3 to 6

points),

(5)           discipline (6 points),

(6)           developmentally appropriate activities (2

to 4 points),

(7)           adequate space (6 points),

(8)           nutrition and feeding practices (1 to 3

points),

(9)           program records (1 to 3 points), and

(10)         transportation (1 to 3 points), if

applicable.  The point value of each demerit shall be based on the potential

detriment to the health and safety of children.  A compliance history

percentage shall be calculated each year by subtracting the total number of

demerits from the total demerits possible and converting to a percentage.  The

yearly compliance history percentage shall be averaged over the specified time

period as in accordance with G.S. 110-90(4) for the compliance history

percentage referenced in this Rule.  A copy of the Division compliance history

score sheet used to calculate the compliance history percentage is available

for review at the address given in Rule .0102 of this Section.

(f)  Each center shall maintain accurate records and

documents as described in Rule .0302(c) and (d) of this Section, and these

records and documents shall be made available to the Division for review to

verify compliance with provisions of this Chapter and the General Statute.

 

History Note:        Authority G.S.

110-85; 110-88(5); 110-93; 143B-168.3; 150B-3;

Eff. July 1, 1998;

Amended Eff. July 1, 2010; May 1, 2006.

 

10A NCAC 09 .0305          REQUIREMENTS FOR A ONE-STAR RATED

LICENSE FOR A CHILD CARE CENTER

 

History Note:        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.

 

SECTION .0400 ‑ ISSUANCE OF PROVISIONAL AND TEMPORARY

LICENSES

 

10A NCAC 09 .0401          PROVISIONAL LICENSES FOR FACILITIES

(a)  A provisional license may be issued in accordance with

the provisions of G.S. 110‑88(6) for any period of time not to exceed

twelve consecutive months for any of the following reasons:

(1)           To allow a specific time period for correcting

a violation of the building, fire, or sanitation requirements, provided that

the appropriate inspector documents that the violation is not hazardous to the

health or safety of the children but nevertheless necessitates a provisional

classification until corrected.

(2)           To allow a specific time period for the

facility to comply fully with all licensing requirements other than building,

fire, or sanitation, and to demonstrate that compliance will be maintained,

provided that conditions at the facility are not hazardous to the health or

safety of the children or staff.

(3)           To allow time for the applicant or licensee

to obtain a declaratory ruling pursuant to Section .2000 of this Subchapter.

(4)           As a possible administrative action for

substantiation of child abuse or neglect.

(b)  The provisional license may be issued upon the

Division's determination that the applicant or licensee is making a reasonable

effort to conform to such requirements.

(c)  The provisional license and the document describing the

reasons for its issuance shall be posted in a prominent place in the facility

that parents are able to view daily.

(d)  A licensee may obtain an administrative hearing on the

issuance of a provisional license in accordance with Section .2200 of this

Chapter.

 

History Note:        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.

 

10A NCAC 09 .0402          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .0403          TEMPORARY LICENSES FOR CENTERS

(a)  A temporary license may be issued in accordance with

the provisions of G.S. 110-88(10) to the operator opening a new center or to

the operator of a previously licensed center when a change in ownership or

location occurs provided:

(1)           the operator applied for a license,

pursuant to Section .0300, or Rule .0204(a) or (b) of this Subchapter prior to

the change in status; and

(2)           the center has sufficient equipment and

materials to operate for the number of children enrolled.

(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 expire after six months, or

upon the issuance of a license or provisional license to the operator,

whichever is earlier.

(d)  An operator may obtain an administrative hearing on the

denial of a temporary license in accordance with Section .2200 of this

Subchapter.

 

History Note:        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.

 

SECTION .0500 - AGE AND DEVELOPMENTALLY APPROPRIATE

ENVIRONMENTS FOR CENTERS

 

10A NCAC 09 .0501          STAFF/CHILD INTERACTIONS

Staff shall relate to 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 many 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.

 

History Note:        Authority G.S. 110-85; 110-91(8),(11);

143B-168.3;

Eff. July 1, 2010.

 

10A NCAC 09 .0502          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .0503          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .0504          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .0505          DEVELOPMENTAL DAY CENTERS

Child care centers which meet the criteria for developmental

day centers, as defined in 10A NCAC 09 .2901, are deemed to be in compliance

with the provisions of Rules. 0508 through .0511 of this Section by complying

with the requirements for activities for developmental day centers set forth in

10A NCAC 09 .2904.

 

History Note:        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.

 

10A NCAC 09 .0506          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .0507          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .0508          ACTIVITY SCHEDULES AND PLANS

FOR CENTERS

(a)  All centers shall have a schedule for each group of

children posted for easy reference by parents and by caregivers.

(b)  When children two years old or older are in care, the

schedule shall include the following:

(1)           Show blocks of time usually assigned to

types of activities and shall include periods of time for both active play and

quiet play or rest.

(2)           Show blocks of time that are scheduled for

activities for indoor and outdoor areas.

(3)           Reflect times and activities that are

developmentally appropriate for the children in care.

(4)           Reflect daily opportunities indoors and

outdoors for free-choice activities, teacher-directed activities, and a minimum

total of one hour of outdoor time throughout the day, if weather conditions

permit. When children are in care for four hours or less per day the center

shall provide a minimum total of 30 minutes of outdoor time daily, if weather

conditions permit.

(c)  When children under two years old are in care, the

schedule shall include regular daily events such as arrival and departure, free

choice times, outside time and teacher-directed activities.  Interspersed among

the daily events shall be individualized caregiving routines such as eating,

napping and toileting.  There shall be a minimum of 30 minutes of outdoor time

throughout the day either as part of a small group, whole group, or individual

activity, if weather conditions permit.

(d)  All centers shall develop a written plan of

developmentally appropriate activities designed to stimulate social, emotional,

intellectual and physical development for each group of children in care.

(1)           The activity plan shall always be current

and accessible for easy reference by parents and caregivers.

(2)           The activity plan shall include at least

one daily activity for each developmental goal specified in this Paragraph. 

Activities which allow children to choose to participate with the whole group,

part of the group, or independently shall be identified.  The plan shall

reflect that the children have at least four different activities daily, at

least one of which is outdoors, if weather conditions permit.

(3)           The activity plan shall also include a

daily gross motor activity which may occur indoors or outdoors.

(e)  The schedule and activity plan may be combined as one

document that shall always be current and posted for easy reference by parents

and caregivers.

 

History Note:        Authority G.S. 110-85; 110-91(2),(12);

143B-168.3;

Eff. July 1, 1988;

Amended Eff. July 1, 2010; July 1, 1998.

 

10A NCAC 09 .0509          ACTIVITIES:  GENERAL REQUIREMENTS FOR

CENTERS

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 which promote the

children's social, emotional, intellectual and physical development.

(3)           Teacher-made and home-made equipment and materials

may be used if they are safe and functional. 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 and any finishes which contain pesticides.

(4)           Developmentally appropriate equipment and materials

shall be provided for a variety of outdoor activities which allow for vigorous

play and large muscle development.  Each child shall have the opportunity for

outdoor play each day that weather conditions permit.  The center shall provide

space and time for vigorous indoor activities when children cannot play

outdoors.

 

History Note:        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.

 

10A NCAC 09 .0510          ACTIVITY AREAS: PRESCHOOL CHILDREN TWO

YEARS AND OLDER

When preschool children two years and older are in care the

following apply:

(1)           Each center shall have equipment and materials

available in activity areas on a daily basis.  Centers with a licensed capacity

of 3 to 12 children located in a residence are not required to have activity

areas, but must have equipment and materials available daily both indoors and

outdoors for the children in care.

(2)           An activity area is an identifiable space which is

accessible to the children and where related equipment and materials are kept

in an orderly fashion.

(3)           Each activity area shall contain enough materials

to allow three related activities to occur at the same time.  The materials and

equipment shall be in sufficient quantity to allow at least three children to

use the area regardless of whether the children choose the same or different

activities.

(4)           Each center shall make at least four of the

activity areas listed in G.S. 110-91(12) available daily to preschool children

two years or older as follows:

(a)           Centers with a licensed capacity of 30 or

more children shall have at least four activity areas available in the space

occupied by each group of children.

(b)           Centers with a licensed capacity of less

than 30 children shall have at least four activity areas available daily. 

Separate groups of children may share use of the same activity areas.

(c)           Centers with a licensed capacity of 3 to 12

children located in a residence shall have at least four types of activities

available daily.

(5)           In addition to the activity areas which are

available each day, each center shall have materials and equipment in

sufficient quantity, as described in Item (3) of this Rule, to ensure that

activities are made available at least once per month in each of the five

activity areas listed G.S. 110-91(12).

(6)           Each center shall provide materials and

opportunities for music and rhythm, science and nature, and sand and water play

for each group of children at least weekly, indoors or outdoors.

(7)           When screen time, including television, videos,

video games, and computer usage is provided, it shall be:

(a)           Offered only as a free-choice activity,

(b)           Used to meet a developmental goal, and

(c)           Limited to no more than a total of two and a

half hours per week, per child.

Usage time periods may be extended for specific special

events, projects, on-site computer classes, or occasions such as a current

event, holiday, or birthday celebration.

 

History Note:        Authority G.S. 110-85; 110-91(6),(12);

143B-168.3;

Eff. July 1, 1988;

Amended Eff. July 1, 2010;July 1, 1998; October 1, 1991.

 

10A NCAC 09 .0511          ACTIVITIES FOR CHILDREN UNDER TWO

YEARS OF AGE

(a)  For activities for children under two years of age the

following apply:

(1)           Each center shall have developmentally

appropriate toys and activities for each child to promote the child's physical,

emotional, intellectual and social well-being including appropriate books,

blocks, dolls, pretend play materials, musical toys, sensory toys, and fine

motor toys.  The following apply:

(A)          The materials shall be kept in an identifiable space

where related equipment and materials are kept in identifiable groupings and

must be made available to the children on a daily basis.

(B)          The materials shall be offered in sufficient

quantity to allow all children to use them at some point during the day and to

allow for a range of choices with duplicates of the most popular toys;

(C)          On a daily basis caregivers shall make provisions

for the promotion of physical development which shall include varied,

developmentally appropriate physical activities.  A safe clean, uncluttered

area that allows freedom of movement shall be available, both indoors and

outdoors, for infants and for toddlers; and

(D)          Hands-on experiences, including both familiar and

new activities, shall be provided to enable the infant or toddler to learn

about himself and the world both indoors and outdoors.

(b)  The center shall provide time and space for sleeping,

eating, toileting, diaper changing, and playing according to each child's

individual need.

(c)  The caregivers shall interact in a positive manner with

each child every day, including the following ways:

(1)           Caregivers shall respond promptly 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 make the transition from home to center as gently as possible,

such as a phased-in orientation process to allow infants and toddlers to

experience limited amounts of time at the center before becoming fully

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.

(4)           The caregiver shall make provision for

constructive guidance and the setting of limits that the child can understand

which foster the infant's or toddler's ability to be self-disciplined, as

appropriate to the child's age and development.

(5)           In drop-in centers, effort shall be made to

place an infant or toddler, who uses the center frequently, with the same

caregiver.

(d)  While awake, each child under the age of 12 months

shall be given the opportunity each day to play while positioned on his or her

stomach.

(e)  Screen time, including television, videos, video games,

and computer usage, is prohibited.

 

History Note:        Authority G.S. 110-85; 110-91(2),(12); 143B-168.3;

Eff. July 1, 1988;

Amended Eff. August 1, 2010; May 1, 2004; July 1, 1998;

October 1, 1991; January 1, 1991.

 

10A NCAC 09 .0512          Off premise Activities

(a)  Off premise activities refer to any activity which

takes place away from a licensed and approved space. Licensed and approved

space includes "primary space" as described in 10A NCAC 09 .1401(a),

outdoor space as described in 10A NCAC 09 .1402, single use rooms, or other

administrative areas.

(b)  When children participate in off premise activities the

following shall apply:

(1)           Children under the age of three shall not

participate in off premise activities that involve children being transported

in a motor vehicle.

(2)           When children are transported in a motor

vehicle for off premise activities, the provisions in Rule .1003(c) through (i)

and (k) of this Chapter shall apply. 

(3)           Before staff members walk children off

premises for play or outings, the parent of each child shall give written

permission for the child to be included in such activities. 

(4)           Parents may provide a written statement

giving standing permission which may be valid for up to 12 months for

participation in off premise activities that occur on a regular basis.

(5)           The facility shall post a schedule of off

premise activities in each participating classroom where it can be easily

viewed by parents, and a copy shall be given to parents.  The schedule shall be

current and shall include the:

(A)          location of the activity,

(B)          purpose of the activity,

(C)          time the activity will take place,

(D)          date of the activity; and

(E)           name of the person(s) to be contacted in the event

of an emergency.

(6)           Each time that children are taken off the

premises, staff shall take a list of the children participating in the activity

with them.  Staff members shall use this list to check attendance when leaving

the facility, periodically when the children are involved in the activity,

before leaving the activity to return to the child care facility, and upon

return to the facility. A list of all children participating in the off premise

activity shall also be available at the center.

(c)  The provisions of Subparagraphs (b)(1) and (5) of this

Rule shall be waived, to the extent necessary, to implement any child's

Individualized Family Service Plan (IFSP) or Individualized Education Program

(IEP).

 

History Note:        Authority G.S. 110-85; 110‑91(9),(12);

143B‑168.3;

Eff. November 1, 2007.

 

SECTION .0600 ‑ SAFETY REQUIREMENTS FOR CHILD CARE

CENTERS

 

10A NCAC 09 .0601          SAFE ENVIRONMENT

(a)  A safe indoor and outdoor environment shall be provided

for the children in care.

(b)  All hazardous items, materials and equipment shall be

used by children only when adult supervision is provided.

(c)  Each child care center shall provide equipment and

furnishings that are child‑size or which can be adapted for safe and

effective use by children.  Chairs and tables shall be of proper height for the

children who will be using them.  Outdoor play equipment shall be age and

developmentally appropriate.

(d)  Separate play areas or time schedules shall be provided

for children under two years of age unless fewer than 15 children are in care. 

If a facility shares playground space with another facility that serves

children, a separate play area or time schedule shall be provided for each

facility.

 

History Note:        Authority G.S. 110‑85(2); 110‑91(3),(6);

143B‑168.3;

Eff. January 1, 1986;

Amended Eff. January

1, 1996; January 1, 1991.

 

10A NCAC 09 .0602          CONDITION OF INDOOR EQUIPMENT AND

FURNISHINGS

(a)  All equipment and furnishings shall be in good repair

and shall be maintained in useable condition.  All commercially manufactured

equipment and furnishings shall be assembled and installed according to

procedures specified by the manufacturer.

(b)  Equipment and furnishings shall be sturdy, stable, and

free of hazards that may injure children including sharp edges, lead based

paint, loose nails, and splinters.

(c)  All broken equipment or furnishings shall be removed

from the premises immediately or made inaccessible to the children.

 

History Note:        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.

 

10A NCAC 09 .0603          OVERNIGHT FURNISHINGS

A safe and comfortable bed, crib, or cot, equipped with a

firm waterproof mattress at least four inches thick will be provided for each

child who remains in the center after midnight.

 

History Note:        Authority G.S. 110‑91(6); 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. January

1, 1991.

 

10A NCAC 09 .0604          SAFETY REQUIREMENTS

(a)  In child care centers, potentially hazardous items,

such as archery equipment, hand and power tools, nails, chemicals, propane

stoves, lawn mowers, and gasoline or kerosene, whether or not intended for use

by children, shall be stored in locked areas, or shall be removed from the

premises or otherwise inaccessible to children.

(b)  Firearms and ammunition are prohibited in a licensed

child care facility unless carried by a law enforcement officer.

(c)  Electrical outlets not in use which are located in

space used by the children shall be covered with safety plugs unless located

behind furniture or equipment that cannot be moved by a child.

(d)  Electric fans shall be mounted out of the reach of

children or shall be fitted with a mesh guard to prevent access by children.

(e)  All electrical appliances shall be used only in

accordance with the manufacturer's instructions. For appliances with heating

elements, such as bottle warmers, crock pots, irons, coffee pots, or curling

irons, neither the appliance nor the cord, if applicable, shall be accessible

to preschool-age children.

(f)  Electrical cords shall not be accessible to infants and

toddlers.  Extension cords, except as approved by the local fire inspector,

shall not be used.  Frayed or cracked electrical cords shall be replaced.

(g)  All materials used for starting fires, such as matches

and lighters, shall be kept in locked storage or shall be stored out of the

reach of children.

(h)  Smoking is not permitted in space used by children when

children are present.  All smoking materials shall be kept in locked storage or

out of the reach of children.

(i)  Fuel burning heaters, fireplaces, and floor furnaces

shall be provided with a protective screen attached securely to supports to

prevent access by children and to prevent objects from being thrown into them.

(j)  Plants that are toxic shall not be in indoor or outdoor

space that is used by or is accessible to children.

(k)  Air conditioning units shall be located so that they

are not accessible to children or shall be fitted with a mesh guard to prevent

objects from being thrown into them.

(l)  Gas tanks shall be located so they are not accessible

to the children or shall be in a protective enclosure or surrounded by a

protective guard.

(m)  Cribs and playpens shall be placed so that the children

occupying them shall not have access to cords or ropes, such as venetian blind

cords.

(n)  Once a day, prior to initial use, the indoor and

outdoor premises shall be checked for debris, vandalism, and broken equipment. 

Debris shall be removed and disposed.

(o)  Plastic bags, toys, and toy parts small enough to be

swallowed, and materials that can be easily torn apart such as foam rubber and

styrofoam, shall not be accessible to children under three years of age, except

that styrofoam plates and larger pieces of foam rubber may be used for

supervised art activities and styrofoam plates may be used for food service.

Latex and rubber balloons shall not be accessible to children under five years

of age.

(p)  When non-ambulatory children are in care, a crib or

other device shall be available for evacuation in case of fire or other

emergency.  The crib or other device shall be fitted with wheels in order to be

easily moveable, have a reinforced bottom, and shall be able to fit through the

designated fire exit.  For centers that do not meet institutional building

code, and the exit is more than eight inches above grade, the center shall

develop a plan to ensure a safe and immediate evacuation of the crib or other

device.  The operator shall physically demonstrate this plan to the Division

for review and approval.  During the required fire, lockdown, or

shelter-in-place drills, an evacuation crib or other device shall be used in the

manner described in the Emergency Preparedness and Response Plan as defined in

10A NCAC 09 .0607(c).

(q)  A first aid kit shall always be available on site.

(r)  Fire drills shall be practiced monthly in accordance

with 10A NCAC 09 .0607(a) and records shall be maintained as required by 10A

NCAC 09 .0302(d)(5).

(s)  A "shelter in place drill" or "lockdown drill"

as defined in 10A NCAC 09 .0102 shall be conducted at least every three months

and records shall be maintained as required by 10A NCAC 09 .0302(8).

 

History Note:        Authority G.S. 110-85; 110-91(3),(6);

143B-168.3;

Eff. January 1, 1991;

Amended Eff. January 1, 1996; November 1, 1991;

Temporary Amendment Eff. October 1, 1997;

Amended Eff. July 1, 2015; February 1, 2012; July 1,

2010; December 1, 2007; April 1, 2001; July 1, 1998.

 

10A NCAC 09 .0605          CONDITION OF OUTDOOR LEARNING

ENVIRONMENT

(a)  All

equipment shall be in good repair and shall be maintained in useable

condition.  All commercially manufactured equipment shall be assembled and

installed according to procedures specified by the manufacturer.

(b)  Equipment shall be sturdy, stable, and free of hazards

that are accessible to children during normal supervised play including sharp

edges, lead based paint, loose nails, splinters, protrusions (excluding nuts

and bolts on sides of fences), and pinch and crush points.

(c)  All broken equipment shall be removed from the premises

immediately or made inaccessible to the children.

(d)  Children shall not be allowed to play on outdoor

equipment that is too hot to touch.

(e)  Any openings in equipment, steps, decks, and handrails

shall be smaller than 3½ inches or greater than 9 inches to prevent entrapment.

(f)  All upright angles shall be greater than 55 degrees to

prevent entrapment and entanglement.

(g)  The outdoor play area shall be protected by a fence or

other protection.  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 securely closed while children occupy the area.

(h)  All stationary outdoor equipment more than 18 inches

high shall be installed over protective surfacing.  Footings which anchor

equipment shall not be exposed.  Loose surfacing material shall not be

installed over concrete.  Acceptable materials to be used for surfacing

include:  wood mulch, double shredded bark mulch, uniform wood chips, fine

sand, coarse sand, and pea gravel.  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 1292, may be

used only if installed, maintained, and replaced according to the manufacturer's

instructions.  Pea gravel shall not be used if the area will be used by

children under three years of age.  The depth of the surfacing that is required

shall be based on the critical height of the equipment.  The critical height is

defined as the maximum height a child may climb, sit, or stand.

(1)           Equipment with a critical height of five

feet or less shall have six inches of any of the surfacing materials listed.

(2)           Equipment with a critical height of more

than five feet but less than seven feet shall have six inches of any of the

surfacing materials listed, except for sand.

(3)           Equipment with a critical height of seven

feet to 10 feet shall have nine inches of any of the surfacing materials

listed, except for sand.

(4)           When sand is used as a surfacing material

for equipment with a critical height of more than five feet, 12 inches is

required.

(i)  The area required to have protective surfacing is the

area under and around the equipment where the child is likely to fall and it is

called the fall zone.  The area for fall zones is as follows:

(1)           For stationary outdoor equipment used by

children under two years of age, the protective surfacing shall extend beyond

the external limits of the equipment for a minimum of three feet, except that

protective surfacing is only required at all points of entrance and exit for

any structure that has a protective barrier.

(2)           For stationary outdoor equipment used by

children two years of age or older, the protective surfacing shall extend

beyond the external limits of the equipment for a minimum of six feet.

(j)  Exceptions to Paragraph (i) of this Rule are as

follows:

(1)           Fall zones may overlap around spring

rockers, and around equipment that is more than 18 but less than 30 inches in

height.  If there are two adjacent structures and one is more than 18 but less

than 30 inches in height, the protective surfacing shall extend a minimum of

nine feet between the two structures.

(2)           Swings shall have protective surfacing that

extends two times the length of the pivot point to the surface below.  The

surfacing shall be to the front and rear of the swing. 

(3)           Tot swings shall have protective surfacing

that extends two times the length of the pivot point to the bottom of the swing

seat.  The surfacing shall be to the front and rear of the swing.  Tot swings

are defined as swings with enclosed seats.

(4)           Tire swings shall have protective surfacing

that extends a distance of six feet plus the measurement from the pivot point

to the swing seat and six feet to the side of the support structure.

(k)  Swing seats shall be made of plastic or soft or

flexible material.

(l)  Elevated platforms shall have a guardrail or protective

barrier, depending upon the height of the platform and the age of children that

will have access to the piece of equipment.  Guardrails shall prevent

inadvertent or unintentional falls off the platform.  The critical height for a

platform with a guardrail is the top of the guardrail.  Protective barriers

shall prevent children from climbing over or through the barrier.  The critical

height for a platform with a protective barrier is the platform surface.  All

sides of platforms shall be protected except for the area which allows entry or

exit.  Measurements for the guardrails and protective barriers are stated

below:

(1)           Equipment used exclusively by children

under two years of age:

(A)          Protective Barriers – an elevated surface that is

more than 18 inches above the underlying surface shall have a protective

barrier or protective surfacing. The minimum height of the top surface of the

protective barrier shall be 24 inches. 

(B)          Maximum Height – the maximum height of a platform or

elevated play surface shall be no greater than 32 inches.

(2)           Equipment used exclusively by children two

years of age up to school age: 

(A)          Guardrails - an elevated surface that is more than

20 inches and no more than 30 inches above the underlying surface shall have a

guardrail.  The minimum height of the top surface of the guardrail shall be 29

inches and the lower edge shall be no more than 23 inches above the platform.

(B)          Protective Barriers - an elevated surface that is

more than 30 inches above the underlying surface shall have a protective

barrier.  The minimum height of the top surface of the protective barrier shall

be 29 inches.

(3)           Equipment used by children two years of age

and older:  

(A)          Guardrails - an elevated surface that is more than 20

inches and no more than 30 inches above the underlying surface shall have a

guardrail.  The minimum height of the top surface of the guardrail shall be 38

inches and the lower edge shall be no more than 23 inches above the platform.

(B)          Protective Barriers - an elevated surface that is

more than 30 inches above the underlying surface shall have a protective

barrier.  The minimum height of the top surface of the protective barrier shall

be 38 inches.

(4)           Equipment used exclusively by school-age

children:

(A)          Guardrails - an elevated surface that is more than

30 inches and no more than 48 inches above the underlying surface shall have a

guardrail.  The minimum height of the top surface of the guardrail shall be 38

inches and the lower edge shall be no more than 26 inches above the platform.

(B)          Protective Barriers - an elevated surface that is

more than 48 inches above the underlying surface shall have a protective

barrier.  The minimum height of the top surface of the protective barrier shall

be 38 inches.

(m)  Composite structures that were installed between

January 1, 1989 and January 1, 1996 according to manufacturer's instructions

that met existing safety standards for playground equipment at the time of

installation and received approval from the Division, may continue to be used.

(n)  Following completion of safety training as required by

Rule .0705(e) of this Chapter, a monthly playground inspection shall be

conducted by a trained individual. A trained administrator or staff person

shall make a record of each inspection using a playground inspection checklist

provided by the Division.  The checklist shall be signed by the person who

conducts the inspection and shall be maintained for 12 months in the center's

files for review by a representative of the Division. 

 

History Note:        Authority G.S. 110-85; 110‑91(6);

143B‑168.3;

Temporary Adoption Eff. October 1, 1997;

Eff. October 29, 1998;

Amended Eff. November 1, 2007.

 

10A NCAC 09 .0606          SAFE SLEEP POLICY

(a)  Each center licensed to care for infants aged 12 months

or younger shall develop and adopt 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;

(2)           specifies whether pillows, blankets, toys,

or other objects may be placed with a sleeping infant aged 12 months or

younger, and if so, specifies the number and types of allowable objects;

(3)           specifies that nothing shall be placed over

the head or face of an infant aged 12 months or younger when the infant is laid

down to sleep;

(4)           specifies that the temperature in the room

where infants aged 12 months or younger are sleeping does not exceed 75° F;

(5)           specifies the means by which caregivers

shall visually check on sleeping infants aged 12 months or younger;

(6)           specifies the frequency with which

caregivers shall visually check on sleeping infants aged 12 months or younger;

(7)           specifies how caregivers shall document

compliance with visually checking on sleeping infants aged 12 months or younger

with such documents to be maintained for a minimum of one month; and

(8)           specifies any other steps the center shall

take to provide a safe sleep environment for infants aged 12 months or younger.

(b)  The center shall post a copy of its safe sleep policy

or a poster about infant safe sleep practices in a prominent place in the

infant room.

(c)  A copy of the center's safe sleep policy shall be given

and explained to the parents of an infant aged 12 months or younger on or

before the first day the infant attends the center.  The parent shall sign a

statement acknowledging the receipt and explanation of the policy.  The

acknowledgement shall contain:

(1)           the infant's name;

(2)           the date the infant first attended the

center;

(3)           the date the center's safe sleep policy was

given and explained to the parent; and

(4)           the date the parent signed the

acknowledgement.

The center shall retain the acknowledgement in the child's

record as long as the child is enrolled at the center.

(d)  If a center amends its safe sleep policy, it shall give

written notice of the amendment to the parents of all enrolled infants aged 12

months or younger at least 14 days before the amended policy is implemented. 

Each parent shall sign a statement acknowledging the receipt and explanation of

the amendment.  The center shall retain the acknowledgement in the child's

record as long as the child is enrolled at the center.

(e)  A health care  professional’s or parent's waiver of the

requirement that all infants aged 12 months or younger be placed on their backs

for sleeping as specified in Subparagraph (a)(1) of this Rule shall:

(1)           bear the infant's name and birth date;

(2)           be signed and dated by the infant's health

care professional or parent; and

(3)           specify the infant's authorized sleep

positions;

The center shall retain the waiver in the child's record as

long as the child is enrolled at the center.

(f)  For each infant with a waiver on file at the center as

specified in Paragraph (e) of this Rule, a notice shall be posted for quick

reference near the infant's crib, bassinet, or play pen that shall include:

(1)           the infant's name;

(2)           the infant's authorized sleep position; and

(3)           the location of the signed waiver.

No confidential medical information, including an infant's

medical diagnosis, shall be shown on the notice.

 

History Note:        Authority G.S. 110-85; 110-91(15);

143B-168.3;

Eff. May 1, 2004;

Amended Eff. July 1, 2010.

 

10A NCAC 09 .0607          Emergency Preparedness and Response

(a)  For

the purposes of this Rule, the Emergency Preparedness and Response in Child

Care is a training approved by the Division on creating an Emergency

Preparedness and Response Plan and practicing, responding to and recovering

from emergencies in child care facilities.

(b)  Existing child care facilities shall have one person on

staff who has completed the Emergency Preparedness and Response in Child Care

training within two years from the effective date of this Rule and within four

months of a trained person's last day of employment.  New facilities must have

a 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.  Documentation of completion of the training shall be maintained in the

individual's personnel file.

(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 facility 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 lists in the event of an emergency.

(2)           a description for how and when children

shall be transported;

(3)           methods for communicating with parents and

emergency personnel or law enforcement;

(4)           a description of how children's nutritional

and health needs will be met;

(5)           the relocation and reunification process;       

(6)           emergency telephone numbers;

(7)           evacuation diagrams showing how the staff,

children, and any other individuals who may be present will evacuate during an

emergency;

(8)           the date of the last revision of the plan;

(9)           specific considerations for non-mobile

children and children with special needs; and

(10)         the location of a Ready to Go File. A Ready

to Go File means a collection of information on children, staff and the

facility, to utilize, if an evacuation occurs. The file shall include, but is

not limited to, a copy of the Emergency Preparedness and Response Plan, contact

information for individuals to pick-up children, each child's Application for

Child Care, medication authorizations and instructions, any action plans for

children with special health care needs, a list of any known food allergies of

children and staff, staff contact information, Incident Report forms, an area

map, and emergency telephone numbers.

(e)  The trained staff shall review the Emergency

Preparedness and Response Plan annually, or when information in the plan

changes, to ensure all information is current.

(f)  All staff shall review the center's Emergency Preparedness

and Response Plan during orientation and on an annual basis with the trained

staff. Documentation of the review shall be maintained at the center in the

individual's personnel file or in a file designated for emergency preparedness

and response plan documents.

(g)  All substitutes and volunteers counted in ratio who are

present shall be informed of the child care center's Emergency Preparedness and

Response Plan and its location. Documentation of this notice shall be

maintained in the individual personnel files.

 

History Note:        Authority G.S. 110-85;

Eff. July 1, 2015;

Amended Eff. August 1, 2015.

 

SECTION .0700 - HEALTH AND OTHER STANDARDS FOR CENTER STAFF

 

10a NCAC 09 .0701          HEALTH STANDARDS FOR STAFF

(a)  All personnel, employed by a child care center,

including the director, shall have on file within 60 days of the date of

employment, a statement signed by a health care professional that indicates

that the person is emotionally and physically fit to care for children.  When

submitted the medical statement shall not be older than 12 months.

(b)  The Division, or the director of the child care center,

may request another evaluation of an employee's emotional and physical fitness

to care for children when there is reason to believe that there has been

deterioration in the person's emotional or physical fitness to care for

children.

(c)  A test showing each employee, including the director,

to be free of active tuberculosis is required prior to employment.  The results

indicating the individual is free of active tuberculosis shall be obtained

within the 12 months prior to the date of employment.

(d)  Each employee, including the director, shall also

annually submit a medical statement from a health care professional, or must

complete a health questionnaire giving information about the status of his/her

health on a form provided by the Division.

(e)  Staff medical statements, proof of a tuberculosis test,

and completed health questionnaires shall be included in the employee's

individual personnel file in the center.

(f)  Emergency medical care information shall be on file for

each individual staff person.  That information shall include the name,

address, and telephone number of the person to be contacted in case of an

emergency, the responsible party's choice of health care professional, and

preferred hospital; any chronic illness the individual has and any medication

taken for that illness; and any other information that has a direct bearing on

assuring safe medical treatment for the individual. This emergency medical care

information shall be on file in the center on the staff person's first day of

employment and shall be updated as changes occur and at least annually.

 

History Note:        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.

 

10a NCAC 09 .0702          STANDARDS FOR SUBSTITUTES AND

VOLUNTEERS

(a)  In child care centers the substitute staff and

volunteers who are counted in the child care staff/child ratio shall comply

with the health standards contained in this Section.

(b)  All substitutes and volunteers not included in the

child care staff/child ratio shall complete the health questionnaire described

in Rule .0701 of this Section prior to the first day of work and complete a

health questionnaire annually thereafter as long as they continue to work in

the center.

(c)  A test showing each substitute and volunteer is free of

active tuberculosis is required prior to the first day of work. The results of

the test shall be obtained within the 12 months prior to employment or the

beginning of the volunteer activity.  This Paragraph applies only to

individuals who volunteer more than once per week.

(d)  The age of substitute staff and volunteers shall be

verified prior to the first day of work by documenting the substitute staff or

volunteer's date of birth in the individual's record.  Any substitute teacher

shall be at least 18 years old and literate.

(e)  Emergency medical care information as described in Rule

.0701(f) of this Section shall be on file for all substitutes and volunteers on

the person's first day of work and shall be updated as changes occur and at

least annually.

 

History Note:        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.

 

10a NCAC 09 .0703          GENERAL STATUTORY REQUIREMENTS

(a) Staff counted toward meeting the staff/child ratio

requirements set forth in Rules .0712 and .0713 of this Section shall meet the

requirements of G.S. 110-91(8).  No one under 18 years of age shall have full

responsibility for or be left in charge of a group of children.

(b) Anyone who is at least 13 years of age, but less than 16

years of age, may work in a child care center on a volunteer basis, as long as

he or she is supervised by and works with a required staff person who is at

least 21 years of age, and also meets the health standards for volunteers found

in Rule .0702 of this Section.  No one younger than 16 years old shall be left

alone with children nor counted toward meeting the required staff/child ratio.

(c)  The provisions of G.S. 110-90.2 which exclude persons

with certain criminal records or personal habits or behavior which may be

harmful to children from operating or being employed in a child care center are

hereby incorporated by reference and shall also apply to any person on the

premises with the operator's permission when the children are present. This

exclusion does not include parents or other persons who enter the center only

for the purpose of performing parental responsibilities; nor does it include

persons who enter the center for brief periods for the purpose of conducting

business with the operator and who are not left alone with the children.

(d)  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 the

opportunity to test out of the credential coursework; or

(4)           documentation of enrollment in credential

coursework.

(e)  If the individual does not yet meet the staff

qualifications required by G.S. 110-91(8) when assuming lead teacher or

administrative duties, the individual shall submit the following information to

the Division within six months of assuming the duties:

(1)           a request to test out of credential

coursework on a form provided by the Division; or

(2)           application for equivalency on a form

provided by the Division, with documentation of completion of the coursework or

credential to be considered for equivalency as required by the Division.

(f)  For centers with a licensed capacity of three to 12

children, when an individual has responsibility both for administering the

child care program and for planning and implementing the daily activities of a

group of children, the requirements for lead teacher in this Section shall

apply to this individual. If the program has more than one group of children,

the requirement regarding lead teacher shall apply to each group of children.

 

History Note:        Authority G.S. 110-85; 110-91(8);

143B-168.3;

Eff. January 1, 1986;

Amended Eff. May 1, 2013; October 29, 1998; January 1,

1990; July 1, 1988; January 1, 1987.

 

10a NCAC 09 .0704          PRESERVICE REQUIREMENTS FOR ADMINISTRATORS

(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.

(1)           Have either a high school diploma or its

equivalent; and

(2)           Have two years of full-time verifiable work

experience in a child care center or early childhood work experience; or an

undergraduate, graduate, or associate degree, with at least 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 verifiable child care or early

childhood work experience and a North Carolina Early Childhood Credential; and

(3)           Have verification of having successfully

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; or

(b)  An administrator who does not meet the requirements of

Paragraph (a) of this Rule may share the requirements in Paragraph (a) of this

Rule with another individual, provided that prior to exercising child caring

responsibilities, the individual who is responsible for planning and

implementing the daily program at the center to comply with Sections .0500 and

.0600 of this Subchapter shall be a full-time staff person on-site who meets

Subparagraphs (a)(1) and (2) of this Rule, and the other individual shall meet

Subparagraph (a)(3) of this Rule and be either on-site or off-site.

(c)  Any person who is at least 21 years old and literate

who was employed as an on‑site administrator in a child care program on

or before September 1, 1986, shall be exempt from the provisions of Paragraphs

(a) and (b) of this Rule, as long as the person is employed by the same

operator.

 

History Note:        Authority G.S. 110‑91(8); 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. October

29, 1998; April 1, 1997; November 1, 1989; July

1, 1988; January 1, 1987.

 

10A NCAC 09 .0705          SPECIAL TRAINING REQUIREMENTS

(a)  At least one staff member shall be knowledgeable of and

able to recognize common symptoms of illness.

(b)  Staff who have completed a course in basic first aid,

shall be present at all times children are present.  First aid training shall

be renewed on or before expiration of the certification or every three years,

whichever is less.  The number of staff required to complete the course is

based on the number of children present as shown in the following chart:

 



Number of children present





Number of staff trained in first aid required







1-29





1 staff







30-79





2 staff







80 and above





3 staff





 

Verification of each required staff person's completion of

this course shall be maintained in the person's individual personnel file in

the center. The basic first aid course shall address principles for responding

to emergencies, and techniques for handling common childhood injuries,

accidents and illnesses such as choking, burns, fractures, bites and stings,

wounds, scrapes, bruises, cuts and lacerations, poisoning, seizures, bleeding,

allergic reactions, eye and nose injuries and sudden changes in body

temperature.

(c)  A first aid information sheet shall be posted in a

prominent place for quick referral. An acceptable form may be requested free of

charge from the North Carolina Child Care Health and Safety Resource

Center.

(d)  Each child care center shall have at least one person

on the premises at all times, and at least one person who accompanies the

children whenever they are off the premises, who has successfully completed certification

in a cardiopulmonary resuscitation (CPR) course provided by either the American

Heart Association or the American Red Cross or other organizations approved by

the Division. Other organizations shall be approved if the Division determines

that the courses offered are substantially equivalent to those offered by the

American Red Cross. CPR training shall be renewed on or before the expiration

of the certification or every two years, whichever is less.  Successfully

completed is defined as demonstrating competency, as evaluated by the

instructor, in performing CPR.  The course shall provide training in CPR

appropriate for the ages of children in care. Documentation of successful

completion of the course from the American Heart Association, the American Red

Cross, or other organization approved by the Division shall be on file in the

center.

(e)  Staff shall complete at least four clock hours of

training in safety.  This training shall address playground safety hazards,

playground supervision, maintenance and general upkeep of the outdoor area, and

age and developmentally appropriate playground equipment. Staff counted to

comply with this Rule shall have six months from the date of employment, or

from the date a vacancy occurs, to complete the required safety training. The

number of staff required to complete this training shall be as follows:

(1)           In centers with a licensed capacity of less

than 30 children, at least one staff person shall complete this training.

(2)           In centers with a licensed capacity of 30

or more children, at least two staff, including the administrator, shall

complete this training.

(f)  In centers that are licensed to care for infants ages

12 months and younger, the center director and any child care provider

scheduled to work in the infant room, including volunteers counted in

staff/child ratios, shall complete ITS-SIDS training.  ITS-SIDS training shall

be completed within four months of the individual assuming responsibilities in

the infant room or as an administrator, and shall be completed again every

three years from the completion of previous ITS-SIDS training.  Completion of

ITS-SIDS training may be included once every three years in the number of hours

needed to meet annual in-service training requirements in Section .0700 of this

Chapter.  Prior to an individual assuming responsibility for the care of an

infant, the center's safe sleep policy for infants shall be reviewed with the

individual as required by Rule .0707(a) of this Section.

 

History Note:        Authority G.S. 110-85; 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.

 

10a NCAC 09 .0706          reserved for future codification

 

10A NCAC 09 .0707          IN-SERVICE TRAINING REQUIREMENTS

(a)  Each center shall assure that each new employee who is

expected to have contact with children receives a minimum of 16 clock hours of

on-site training and orientation within the first six weeks of employment. This

training and orientation shall include:

(1)           training in the recognition of the signs

and symptoms of child abuse or neglect and in the employee's duty to report

suspected abuse and neglect pursuant to G.S. 7B-301;

(2)           review of the center's operational

policies, including the center's safe sleep policy for infants, the Emergency

Preparedness and Response Plan, and the emergency medical care plan;

(3)           adequate supervision of children in

accordance with 10A NCAC 09 .0714(f);

(4)           first-hand observation of the center's

daily operations;

(5)           instruction in the employee's assigned

duties;

(6)           instruction in the maintenance of a safe

and healthy environment;

(7)           review of the center's purposes and goals;

(8)           review of the center's personnel policies;

(9)           review of the child care licensing law and

rules;

(10)         an explanation of the role of State and

local government agencies in the regulation of child care, their impact on the

operation of the center, and their availability as a resource; and

(11)         an explanation of the employee's obligation

to cooperate with representatives of State and local government agencies during

visits and investigations.

(b)  As part of the training required in Paragraph (a) of

this Rule, each new employee shall complete, within the first two weeks of

employment, six clock hours of the training referenced in Subparagraphs (a)(1),

(a)(2), and (a)(3) of this Rule.

(c)  The child care administrator and any staff who have

responsibility for planning and supervising a child care facility, as well as

staff who work directly with children, shall participate in in-service training

activities annually, as follows:

(1)           persons with a four year degree or higher

advanced degree in a child care related field of study from a regionally

accredited college or university shall complete five clock hours of training;

(2)           persons with a two year degree in a child

care related field of study from a regionally accredited college or university,

or persons with a North Carolina Early Childhood Administration Credential or

its equivalent shall complete eight clock hours of training;

(3)           persons with a certificate or diploma in a

child care related field of study from a regionally accredited college or

university, or persons with a North Carolina Early Childhood Credential or its equivalent

shall complete 10 clock hours of training;

(4)           persons with at least 10 years documented,

professional experience as a teacher, director, or caregiver in a licensed

child care arrangement shall complete 15 clock hours of training; or

(5)           shall complete 20 clock hours of training.

(d)  For staff listed in Subparagraphs (c)(1), (c)(2),

(c)(3) and (c)(4) of this Rule, basic cardiopulmonary resuscitation (CPR)

training required in Rule .0705 of this Section shall not be counted toward

meeting annual in-service training. First aid training may be counted once

every three years.

(e)  If a child care administrator or lead teacher is

enrolled in coursework to meet the staff qualification requirements in G.S.

110-91(8), the individual may choose to apply for completed coursework toward

meeting the annual in-service training requirement.

(f)  Any staff working less than 40 hours per week may

choose the option for 20 hours of in-service training, or the training

requirement may be prorated as follows:

 



WORKING HOURS PER WEEK





CLOCK HOURS  REQUIRED







0-10





5







11-20





10







21-30





15







31-40





20







 

History Note:        Authority G.S. 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.

 

10A NCAC 09 .0708          IN-SERVICE TRAINING APPROVAL

Staff

may meet the in-service training requirements by attending child-care

workshops, conferences, seminars, or courses, provided each training activity

satisfies the following criteria:

(1)           Prior approval from the Division is not required

for training offered by a college or university with nationally recognized

regional accreditation, a government agency, or a state or national

professional organization or its affiliates, provided the content complies with

G.S. 110-91(11).  Government agencies or state or national professional

organizations who provide training shall submit an annual training plan on a

form provided by the Division for review by the Division.  The plan is not

required for any state, national, or international conferences sponsored by a

professional child care organization.

(2)           Prior

approval from the Division is required for any agencies, organizations, or

individuals not specified in Item (1) of this Rule who wish to provide training

for child care operators and staff.  To obtain such approval, the agency,

organization, or individual shall complete and submit the in-service training

approval forms provided by the Division at least 20 business days prior to the

training event.  A training roster listing the attendees' name, the county of

employment, and day time phone number shall be submitted to the Division no

later than 15 days after the training event.  The event sponsor shall provide

training evaluations to be completed by attendees and shall keep the

evaluations on file for three years. 

(3)           Prior approval shall be determined based upon: 

(a)           The trainer's education, training, and

experience relevant to the training topic;

(b)           Best practice in adult learning principles;

(c)           Content that is in compliance with G.S.

110-91(11); and

(d)           Contact hours reasonable for the proposed

content and scope of the training session.

(4)           The Division shall not approve:

(a)           Agencies, organizations, or individuals not

meeting the standards listed in this Rule and in G.S. 110-91(11); and

(b)           Agencies, organizations, or individuals who

intentionally falsify any information submitted to the Division.

 

History Note:        Authority G.S. 110-85; 110-91(11);

143B-168.3;

Eff. January 1, 1986;

Amended Eff. November 1, 2007; October 29, 1998; November

1, 1989; July 1, 1988; January 1, 1987.

 

10a NCAC 09 .0709          DOCUMENTATION OF IN-SERVICE TRAINING

Each center shall have a record of training activities in

which each staff participates.  That record shall include the subject matter,

topic area in G.S. 110-91(11), training provider, date provided, hours, and

name of staff who completed the training.  This documentation shall be on file

and current.

 

History Note:        Authority G.S. 110‑91(9),(11); 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. July

1, 1998; July 1, 1988.

 

10a NCAC 09 .0710          PRESERVICE REQUIREMENTS FOR LEAD

TEACHERS, Teachers AND AIDES

(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 at least 18 years

of age, have a high school diploma or its equivalent, and have at least one of

the following:

(1)           One year of verifiable 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)           Successful 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 could include the North Carolina Early Childhood Credential

coursework, within the first six months of employment in addition to the number

of annual inservice training hours required in Rule .0707 of this Section.

(c)  An aide is a person who assists the lead teacher or the

teacher in planning and implementing the daily program, and shall be at least

16 years old and literate.

(d)  Individuals employed prior to July 1, 1998 are exempted

from the requirements of this Rule, as long as they remain employed by the same

operator.

 

History Note:        Authority G.S. 110‑91(8); 143B‑168.3;

Eff. July 1, 1988;

Amended Eff.

January 1, 2005; October 29, 1998; April 1, 1997; October 1, 1991;

November 1, 1989.

 

10a NCAC 09 .0711          PRESERVICE REQUIREMENTS FOR OTHER

STAFF

(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 Subchapter.

(b)  Non‑care giving staff or any person providing

support to the operation of the program shall be at least 16 years of age; and

meet the requirements of the local health department for food handlers, if

applicable, when duties are related to food preparation or food service.

 

History Note:        Authority G.S. 110‑91(8); 143B‑168.3;

Eff. July 1, 1988;

Amended Eff. July

1, 1998; October 1, 1991; November 1, 1989.

 

10a NCAC 09 .0712          STAFF/CHILD RATIOS FOR CENTERS WITH A

LICENSED CAPACITY OF LESS THAN 30 CHILDREN

(a)  The staff/child ratios and group sizes for a child care

center with a licensed capacity of less than 30 children are 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 5 Years                                          1/15                             

          25

                5 Years and Older                                1/25                             

          25

 

(1)           When only one caregiver is required to meet

the staff/child ratio, and children under two years of age are in care, that

person shall not concurrently perform food preparation or other duties which

are not direct child care responsibilities.

(2)           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 and who can respond within a reasonable period of

time; or

(B)          There shall be a second adult on the premises who is

available to provide emergency relief.

(b)  The staff/child ratios for a center located in a

residence with a licensed capacity of three to 12 children when any preschool

aged child is enrolled, or with a licensed capacity of three to 15 children

when only school-aged children are enrolled are as follows:

 

Age of Children                                                    Ratio

Staff/Children

                0 to 12 Months                                    1/5

preschool children plus three additional school-aged children

                12 to 24 Months                                  1/6

preschool children plus two additional school-aged children

                2 to 13 Years                                        1/10

                3 to 13 Years                                        1/12

                All school-aged                                    1/15

 

(c)  The staff/child ratio applicable to a classroom shall

be posted in that classroom in an area that parents are able to view at all

times.

 

History Note:        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.

 

10A NCAC 09 .0713          STAFF/CHILD RATIOS FOR CENTERS WITH A

LICENSED CAPACITY OF 30 OR MORE CHILDREN

(a)  The staff/child ratios and group sizes for single‑age

groups of children in centers with a licensed capacity of 30 or more children

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

 

(b)  In any multi‑age group situation, the staff/child

ratio for the youngest child in the group shall be maintained for the entire

group.

(c)  Children younger than two years old may be cared for in

groups with older children for the first and last operating hour of the day

provided the staff/child ratio for the youngest child in the group is

maintained.

(d)  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.

(e)  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.

(f)  Except as provided in Paragraphs (c) and (d) of this

Rule, children under one year of age shall be kept separate from children two

years of age and over.

(g)  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 old.

(h)  When only one caregiver is required to meet the

staff/child ratio, and no children under two years of age are in care, that

person may concurrently perform food preparation or other duties which are not

direct child care responsibilities as long as supervision of the children as

specified in Rule .0714(f) of this Section is maintained.

(i)  When only one caregiver is required to meet the staff/child

ratio, the operator shall select one of the following options for emergency

relief:

(1)           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 and who can respond within a reasonable period of

time; or

(2)           There shall be a second adult on the

premises who is available to provide emergency relief.

(j)  Except as provided in Paragraph (h) of this Rule, staff

members and administrators who are counted in meeting the staff/child ratios as

stated in this Rule shall not concurrently perform food preparation or other

duties which are not direct child care responsibilities.

(k)  The staff/child ratio applicable to a classroom shall

be posted in that classroom in an area that parents are able to view at all

times.

 

History Note:        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; November 1, 1989.

 

10a NCAC 09 .0714          OTHER STAFFING REQUIREMENTS

(a)  Each child care center shall have an administrator on

site on a regular basis.  The administrator shall be responsible for monitoring

the program and overseeing administrative duties of the center.  This

requirement may be met by having one or more persons on site who meet the

requirements for an administrator according to the licensed capacity of the

center.  The following hourly requirements are based on an administrator's

normal working schedule and may include times when the administrator may be off

site due to administrative duties, illness, or vacation.

(1)           Each center with a licensed capacity of

less than 30 children shall have an administrator on site for at least 20 hours

per week.

(2)           Each center with a licensed capacity of 30

to 79 children shall have an administrator on site for at least 25 hours per

week.

(3)           Each center with a licensed capacity of 80

to 199 children shall have an administrator on site for at least 30 hours per

week.

(4)           Each center with a licensed capacity of 200

or more children shall have an administrator on site for at least 40 hours per

week.

(b)  At least one person who meets the requirements for an

administrator or lead teacher as set forth in this Section shall be on site

during the center's operating hours except that a person who is at least 18

years old with at least a high school diploma or its equivalent and who has a

minimum of one year's experience working with children in a child care center

may be on duty at the beginning or end of the operating day provided that:

(1)           No more than 10 children are present.

(2)           The staff person has worked in that center

for at least three months.

(3)           The staff person knows and can apply the

center's operating policies and emergency procedures.

(c)  At least one person who meets the requirements for a

lead teacher shall be responsible for each group of children as defined in Rule

.0102 of this Chapter except as provided in Paragraph (b) of this Rule.  This

requirement may be met by having one or more persons who meet the requirements

for a lead teacher responsible for the same group of children. Each lead

teacher shall be responsible for only one group of children at a time.  Each

group of children shall have a lead teacher in attendance for at least two-thirds

of the total daily hours of operation, based on a normal working schedule and

may include times when the lead teacher may not be in attendance due to

circumstances such as illness or vacation.

(d)  A teacher is a person who is responsible to the lead teacher

and assists with planning and implementing the daily program.

(e)  No aide or aides shall have responsibility for a group

of children except as provided in Paragraph (b) of this Rule.

(f)  Children shall be adequately supervised at all times.  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 immediate 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 children's activities at all times;

(4)           Staff must provide supervision appropriate

to the individual age, needs and capabilities of each child; and

(5)           All of the conditions in this Paragraph

shall apply except when emergencies necessitate that direct supervision is

impossible for brief periods of time.  Documentation of emergencies shall be

maintained and available for review by Division representatives upon request.

(g)  Nothing contained in this Rule shall be construed to

preclude a "qualified person with a disability," as defined by G.S.

168A-3(9), or a "qualified individual with a disability," as defined

by the Americans With Disabilities Act at 42 U.S.C. 12111(8), from working in a

licensed child care facility.

(h)  For groups of children aged two years or older, the

staff/child ratio during nap time is considered in compliance if at least one

person is either in each room or is visually supervising all the children and

if the total number of required staff are on the premises and within calling

distance of the rooms occupied by children.

(i)  When a child is sleeping, bedding or other objects

shall not be placed in a manner that covers the child's face.

 

History Note:        Authority G.S. 110-85(1); 110-91(7),(8);

143B-168.3;

Eff. July 1, 1988;

Amended Eff. July 1, 2012; May 1, 2004; July 1, 1998;

January 1, 1996; October 1, 1991; November 1, 1989.

 

SECTION .0800 ‑ HEALTH STANDARDS FOR CHILDREN

 

10a NCAC 09 .0801          APPLICATION FOR ENROLLMENT

(a)  Each child in care shall have an

individual application for enrollment completed and signed by the child's

parent, legal guardian, or full‑time custodian.

(1)           The completed, signed

application shall be on file in the center on the first day the child attends

and shall remain on file until the child is no longer attending.

(2)           The completed application

shall include emergency medical information as specified in Rule .0802(b) of

this Section.

(3)           The completed application

shall give the child's full name and indicate the name the child is to be

called.  In addition, the application shall include the child's date of birth

and any allergies, particular fears, or unique behavior characteristics that

the child has.

(4)           The application shall

include the names of individuals to whom the center may release the child as

authorized by the person who signs the application.

(b)  Each child's application shall be readily

available and easily accessible to caregiving staff during the time the

children are present.

 

History Note:        Authority G.S. 110‑91(9); 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. November

1, 1989.

 

10a NCAC 09 .0802          EMERGENCY MEDICAL CARE

(a)  Each child care center shall have a written plan which

assures that emergency medical care is available or can be obtained for

children.  The plan shall be reviewed during staff orientation with new staff

and with all staff at least twice each year.  This plan shall give the

procedures to be followed to assure that any child who becomes ill or is

injured and requires medical attention while at the center, or while

participating in any activity provided or sponsored by the center, receives

appropriate medical attention.  The following information shall be included in

the center's emergency medical care plan:

(1)           The name, address, and telephone number of

a health care professional, community clinic, or local health department that

is available to provide medical consultation;

(2)           The name, address, and telephone number of

the emergency room to be used when the parent's or family's health care

professional cannot be reached or when transporting the ill or injured child to

the person's preferred hospital could result in serious delay in obtaining

medical attention;

(3)           Designation of a means of transportation

always available for use in the event of a medical emergency;

(4)           The name of the person, and his or her

alternate, at the center, responsible for determining which of the following is

needed, carrying out that plan of action, and assuring that appropriate medical

care is given:

(A)          Simple first aid given at the center for an injury

or illness needing only minimal attention;

(B)          Advice from previously identified medical consultant

in order to decide if care is to be given at the center or if the ill or

injured child is to be transported to a designated medical resource; or

(C)          Immediate transportation of the child to a

designated medical resource for appropriate treatment;

(5)           The person(s) at the center responsible

for:

(A)          Assuring that the signed authorization described in

Paragraph (c) of this Rule is taken with the ill or injured child to the

medical facility;

(B)          Accompanying the ill or injured child to the medical

facility;

(C)          Notifying a child's parents or emergency contact

person about the illness or injury and where the child has been taken for

treatment;

(D)          Notifying the medical facility about the ill or

injured child being transported for treatment; and

(E)           Obtaining substitute staff, if needed, to maintain

required staff/child ratio and adequate supervision of children who remain in

the center; and

(6)           A statement giving the location of the

telephone located on the premises which is in good working condition and is

always available for use in case of emergency.  Telephone numbers for the fire

department, law enforcement office, emergency medical service, and poison

control center shall be posted within sight of the telephone.  A telephone

located in an office in the center that is sometimes locked during the time the

children are present shall not be designated for use in an emergency.

(b)  Emergency medical care information shall be on file for

each individual child.  That information shall include the name, address, and

telephone number of the parent or other person to be contacted in case of an

emergency, the responsible party's choice of health care professional and

preferred hospital; any chronic illness the individual has and any medication

taken for that illness; and any other information that has a direct bearing on

assuring safe medical treatment for the child.  This emergency medical care

information shall be on file in the center on the child's first day of

attendance and shall be updated as changes occur and at least annually.

(c)  Each child's parent, legal guardian, or full-time

custodian shall sign a statement authorizing the center to obtain medical

attention for the child in an emergency.  That statement shall be on file on

the first day the child attends the center.  It shall be easily accessible to

staff so that it can be taken with the child whenever emergency medical

treatment is necessary.

(d)  An incident report shall be completed each time a child

receives medical treatment by a health care professional, community clinic, or

local health department, as a result of an incident occurring while the child

is at the child care center.  This incident report shall include:

(1)           the child's name, date and time of

incident, part of body injured, type of injury,

(2)           the names of adult witnesses to incident,

(3)           a description of how and where incident

occurred,

(4)           the piece of equipment involved (if any),

(5)           any treatment received, and

(6)           the steps taken to prevent reoccurrence.

This report shall be signed by the person completing it and

by the parent, and maintained in the child's file.  A copy of the incident

report shall be mailed to a representative of the Division within seven

calendar days after treatment.

(e)  An incident log shall be completed any time an incident

report is completed.  This log shall be cumulative and maintained in a separate

file and shall be available for review by a representative of the Division.  This

log shall be completed on a form provided by the Division.

 

History Note:        Authority G.S. 110-85; 110-91(1),(9);

143B-168.3;

Eff. January 1, 1986;

Amended Eff. July 1, 2010; July 1, 1998; January 1, 1996;

October 1, 1991; November 1, 1989.

 

10A NCAC 09 .0803          ADMINISTERING MEDICATION

The

following provisions apply to the administration of medication in child care

centers:

(1)           No prescription or over-the-counter medication and

no topical, non-medical ointment, repellent, lotion, cream or powder shall be

administered to any child:

(a)           without written authorization from the child's

parent;

(b)           without written instructions from the child's

parent, physician or other health professional;

(c)           in any manner not authorized by the child's

parent, physician or other health professional;

(d)           after its expiration date; or

(e)           for non-medical reasons, such as to induce

sleep.

(2)           Prescribed medications:

(a)           shall be stored in the original containers

in which they were dispensed with the pharmacy labels specifying:

(i)            the child's name;

(ii)           the name of the medication or the

prescription number;

(iii)          the amount and frequency of dosage;

(iv)          the name of the prescribing physician or

other health professional; and

(v)           the date the prescription was filled; or

(b)           if pharmaceutical samples, shall be stored

in the manufacturer's original packaging, shall be labeled with the child's

name, and shall be accompanied by written instructions specifying:

(i)            the child's name;

(ii)           the names of the medication;

(iii)          the amount and frequency of dosage;

(iv)          the signature of the prescribing physician

or other health professional; and

(v)           the date the instructions were signed by the

physician or other health professional; and

(c)           shall be administered only to the child for

whom they were prescribed.

(3)           A parent's written authorization for the

administration of a prescription medication described in Item (2) of this Rule

shall be valid for the length of time the medication is prescribed to be taken.

(4)           Over-the-counter medications, such as cough syrup,

decongestant, acetaminophen, ibuprofen, topical antibiotic cream for abrasions,

or medication for intestinal disorders shall be stored in the manufacturer's

original packaging on which the child's name is written or labeled and shall be

accompanied by written instructions specifying:

(a)           the child's name;

(b)           the names of the authorized over-the-counter

medication;

(c)           the amount and frequency of the dosages;

(d)           the signature of the parent, physician or

other health professional; and

(e)           the date the instructions were signed by the

parent, physician or other health professional.

                The permission to administer over-the-counter medications

is valid for up to 30 days at a time, except as allowed in Items (6), (7), (8)

and (9) of this Rule.  Over-the-counter medications shall not be administered

on an "as needed" basis, other than as allowed in Items (6), (7), (8)

and (9) of this Rule.

(5)           When questions arise concerning whether any

medication should be administered to a child, the caregiver may decline to

administer that medication without signed, written dosage instructions from a

licensed physician or authorized health professional.

(6)           A parent may give a caregiver standing

authorization for up to six months to administer prescription or

over-the-counter medication to a child, when needed, for chronic medical

conditions and for allergic reactions.  The authorization shall be in writing

and shall contain:

(a)           the child's name;

(b)           the subject medical conditions or allergic

reactions;

(c)           the names of the authorized over-the-counter

medications;

(d)           the criteria for the administration of the

medication;

(e)           the amount and frequency of the dosages;

(f)            the manner in which the medication shall be

administered;

(g)           the signature of the parent;

(h)           the date the authorization was signed by the

parent; and

(i)            the length of time the authorization is

valid, if less than six months.

(7)           A parent may give a caregiver standing

authorization for up to 12 months to apply over-the-counter, topical ointments,

topical teething ointment or gel, insect repellents, lotions, creams, and

powders --- such as sunscreen, diapering creams, baby lotion, and baby powder

--- to a child, when needed.  The authorization shall be in writing and shall

contain:

(a)           the child's name;

(b)           the names of the authorized ointments,

repellents, lotions, creams, and powders;

(c)           the criteria for the administration of the ointments,

repellents, lotions, creams, and powders;

(d)           the manner in which the ointments,

repellents, lotions, creams, and powders shall be applied;

(e)           the signature of the parent;

(f)            the date the authorization was signed by

the parent; and

(g)           the length of time the authorization is

valid, if less than 12 months.

(8)           A parent may give a caregiver standing

authorization to administer a single weight-appropriate dose of acetaminophen

to a child in the event the child has a fever and a parent cannot be reached. 

The authorization shall be in writing and shall contain:

(a)           the child's name;

(b)           the signature of the parent;

(c)           the date the authorization was signed by the

parent;

(d)           the date that the authorization ends or a

statement that the authorization is valid until withdrawn by the parent in

writing.

(9)           A parent may give a caregiver standing

authorization to administer an over-the-counter medication as directed by the

North Carolina State Health Director or designee, when there is a public health

emergency as identified by the North Carolina State Health Director or

designee.  The authorization shall be in writing, may be valid for as long as

the child is enrolled, and shall contain:

(a)           the child's name;

(b)           the signature of the parent;

(c)           the date the authorization was signed by the

parent; and

(d)           the date that the authorization ends or a

statement that the authorization is valid until withdrawn by the parent in

writing.

(10)         Pursuant to G.S. 110-102.1A, a caregiver may

administer medication to a child without parental authorization in the event of

an emergency medical condition when the child's parent is unavailable,

providing the medication is administered with the authorization and in

accordance with instructions from a bona fide medical care provider.

(11)         A parent may withdraw his or her written

authorization for the administration of medications at any time in writing.

(12)         Any medication remaining after the course of

treatment is completed or after authorization is withdrawn shall be returned to

the child's parents.  Any medication the parent fails to retrieve within 72

hours of completion of treatment, or withdrawal of authorization, shall be

discarded.

(13)         Any time prescription or over-the-counter medication

is administered by center personnel to children receiving care, including any

time medication is administered in the event of an emergency medical condition

without parental authorization as permitted by G.S. 110-102.1A, the child's

name, the date, time, amount and type of medication given, and the name and

signature of the person administering the medication shall be recorded.  This

information shall be noted on a medication permission slip, or on a separate

form developed by the provider which includes the required information.  This information

shall be available for review by a representative of the Division during the

time period the medication is being administered and for at least six months

after the medication is administered.  No documentation shall be required when

items listed in Item (7) of this Rule are applied to children.

 

History Note:        Authority G.S. 110‑91(1),(9); 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. May 1, 2004; April 1, 2001; July 1, 1998;

January 1, 1996.

 

10a NCAC 09 .0804          INFECTIOUS AND CONTAGIOUS DISEASES

(a)  Centers may provide care for a mildly ill child who has

a Fahrenheit temperature of less than 100 degrees axillary, or 101 degrees

orally, and who remains capable of participating in routine group activities;

and the child shall not have any of the following:

(1)           the sudden onset of diarrhea characterized

by an increased number of bowel movements compared to the child's normal

pattern and with increased stool water;

(2)           two or more episodes of vomiting within a

12 hour period;

(3)           a red eye with white or yellow eye

discharge, until 24 hours after treatment has started;

(4)           scabies or lice;

(5)           known chicken pox or a rash suggestive of

chicken pox;

(6)           tuberculosis, until a health professional

states that the child is not infectious;

(7)           strep throat, until 24 hours after

treatment has started;

(8)           pertussis, until five days after treatment

has started;

(9)           hepatitis A virus infection, until one week

after onset of illness or jaundice;

(10)         impetigo, until 24 hours after treatment has

started; or

(11)         a physician's or other health professional's

written order that the child be separated from other children.

(b)  Centers that choose to provide care for mildly ill

children shall:

(1)           follow all procedures to prevent the spread

of communicable diseases described in 15A NCAC 18A .2800, "Sanitation of

Child Care Centers", as adopted by the Commission for Public Health;

(2)           separate from the other children any child

who becomes ill while in care or who is suspected of having a communicable

disease or condition other than as described in Paragraph (a) of this Rule

until the child leaves the center;

(3)           notify all parents at enrollment that the

center will be providing care for mildly ill children;

(4)           notify the parent of any child who becomes

ill or who is suspected of being ill with a communicable condition other than

as described in Paragraph (a) of this Rule that the child is ill and shall

leave the center;

(5)           notify the parent of any sick child in care

if the child's condition worsens while the child is in care.

 

History Note:        Authority G.S. 110‑91(1); 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. December 1, 2014; July 1, 1998; November 1,

1991; November 1, 1989.

 

10A NCAC 09 .0805          SANITARY FOOD SERVICE

 

History Note:        Authority G.S. 110‑91(1); 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. November 1, 1989;

Repealed Eff. December 1, 2007.

 

10a NCAC 09 .0806          TOILETING, CLOTHING AND LINENS

(a)  Diapers will be changed whenever they become soiled or

wet and not on a shift basis.

(b)  There must be clean clothes available so that when the

clothes worn by a child becomes wet or soiled the child has clean clothes to

put on.  The change of clothing may be provided by the center or by the child's

parents.

(c)  A supply of clean linen must be on hand so that linens

can be changed whenever they become soiled or wet.

(d)  Staff shall not force children to use the toilet and

staff shall consider the developmental readiness of each individual child

during toilet training.

 

History Note:        Authority G.S. 110‑91(1); 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. July

1, 1998; November 1, 1989.

 

SECTION .0900 - NUTRITION STANDARDS

 

10A NCAC 09 .0901          GENERAL NUTRITION REQUIREMENTS

(a)  Meals and snacks served to children in a child care

center 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 free of charge from

the Division at the address in Rule .0102(1) of this Chapter.

(b)  Menus for nutritious meals and snacks shall be planned

at least one week in advance.  At least one dated copy of the current week's

menu shall be posted where it can be seen easily by parents and food

preparation staff when food is prepared or provided by the center, except in

centers with a licensed capacity of 3 to 12 children located in a residence. A

variety of food shall be included in meals and snacks.  Any substitution shall

be of comparable food value and shall be recorded on the menu.

(c)  When children bring their own food for meals or snacks

to the center, if the food does not meet the nutritional requirements specified

in Paragraph (a) of this Rule, the center must provide additional food

necessary to meet those requirements unless the child's parent or guardian opts

out of the supplemental food provided by the center as set forth in

G.S.110-91(2)h.1.  A statement acknowledging the parental decision to opt out

of the supplemental food provided by the center signed by the child's parent or

guardian shall be kept on file at the center.  Opting out means that the center

will 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 center's

designated times. If the child's parent or guardian has opted out but does not

provide all food and drink for the child, the center shall provide supplemental

food and drink as if the child's parent or guardian had not opted out of the

supplemental food program.

(d)  Drinking water must be freely available to children of

all ages. Drinking fountains or individual drinking utensils shall be provided.

When a private water supply is used, it must be tested by and meet the

requirements of the Commission for Public Health.

(e)  The child care provider will provide only the following

beverages:

(1)           breast milk;

(2)           formula;

(3)           water;

(4)           unflavored whole milk, for children ages

12-24 months;

(5)           unflavored skim or lowfat milk for children

two years old and older; or

(6)           100 percent fruit juice, limited to six

ounces per day.

(f)  Children's special diets or food allergies shall be

posted in the food preparation area and in the child's eating area.

(g)  The food required by special diets for medical,

religious or cultural reasons, may be provided by the center or may be brought

to the center by the parents. If the diet is prescribed by a health care

professional, a statement signed by the health care professional shall be on

file at the center and written instructions shall be provided by the child's

parent, health care professional, or a licensed dietitian/nutritionist. If the

diet is not prescribed by a health care professional, written instructions

shall be provided by the child's parent and shall be on file at the center.

(h)  Food that does not meet the nutritional requirements

specified in Paragraph (a) of this Rule, such as cookies, chips, donuts, etc.,

shall be available only for special occasions such as holidays, birthdays, and

other celebrations.

(i)  Staff shall role model appropriate eating behaviors by

consuming only food or beverages that meet the nutritional requirements

specified in Paragraph (a) of this Rule in the presence of children in care.

(j)  Parents shall be allowed to provide breast milk for

their children.  Accommodations for breastfeeding mothers shall be provided

that include seating and an electrical outlet in a place other than a bathroom

that is shielded from view by staff and the public which may be used by mothers

while they are breastfeeding or expressing milk.

 

History Note:        Authority G.S. 110-85; 110-91(2);

143B-168.3;

Eff. January 1, 1986;

Amended Eff. December 1, 2012; July 1, 2010; July 1,

1998; October 1, 1991; November 1, 1989.

 

10A NCAC 09 .0902          GENERAL NUTRITION REQUIREMENTS FOR

INFANTS

(a)  The parent or health care provider of each child under

15 months of age shall provide the center an individual written feeding schedule

for the child.  This schedule must be followed at the center.  This schedule

must include the child's name, be signed by the parent or health care provider,

and be dated when received by the center. Each infant's schedule shall be

modified in consultation with the child's parent or health care provider to

reflect changes in the child's needs as he or she develops.  The feeding

instructions for each infant shall be posted for quick reference by the

caregivers, except in centers licensed for three to 12 children located in a

residence.

(b)  Each infant will be held for bottle feeding until able

to hold his or her own bottle. Bottles will not be propped. Each child will be

held or placed in feeding chairs or other age-appropriate seating apparatus to

be fed.

(c)  Infants shall not be served juice in a bottle without a

prescription or written statement on file from a health care professional or

licensed dietitian/nutritionist.

 

History Note:        Authority G.S. 110-85; 110-91(2);

143B-168.3;

Eff. January 1, 1986;

Amended Eff. December 1, 2012; July 1, 1998; October 1,

1991; November 1, 1989.

 

10A NCAC 09 .0903          REQUIREMENTS FOR CHILDREN AGED 24

MONTHS AND OLDER

Meals and

snacks shall be planned according to the number of hours a child is in the

center.  These rules apply in all situations except during sleeping hours and

nighttime care:

(1)        For

preschool‑aged children in the center at least two hours but less than

four hours, and for all school‑aged children, one snack shall be provided

unless the child is present during the time the center is serving a meal, in

which case, a meal shall be provided.

(2)        For

children in the center at least four hours, but less than six hours, one meal

shall be provided equal to at least one‑third of the child's daily food

needs.

(3)        For

children in the center at least six hours, but less than twelve hours, two

meals and one snack or two snacks and one meal shall be provided equal to at

least one‑half of the child's daily food needs.

(4)        For

children in the center more than twelve hours, two snacks and two meals shall

be provided which are equal to at least two‑thirds of the child's daily

food needs.

(5)        No child

shall go more than four hours without a meal or a snack being provided.

(6)        A

nutritious evening meal must be provided to each child who receives second

shift care (from approximately 3:00 p.m. to 11:00 p.m.) and who is present when

the regularly scheduled evening meal is served.

 

History Note:        Authority G.S. 110‑91(2); 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. November

1, 1989; January 1, 1987.

 

SECTION .1000 ‑ TRANSPORTATION STANDARDS

 

10A NCAC 09 .1001          SEAT RESTRAINTS

(a)  Each adult and child shall be restrained with an

individual seat belt or appropriate child restraint device when the vehicle is

in motion.

(b)  Only one person shall occupy each seat belt or child

restraint device.

(c)  Children shall not occupy the front seat if the vehicle

is equipped with an operational passenger side airbag.

(d)  Except for when children under two years of age are

transported, the restraint requirements in this Rule do not apply to vehicles

not required by federal or state law to be equipped with seat restraints.

 

History Note:        Authority G.S. 110-91; 110‑91(13);

143B‑168.3;

Eff. January 1, 1986;

Amended Eff. July

1, 1998; July 1, 1995; November 1, 1989; July

1, 1988; January 1, 1987.

 

10A NCAC 09 .1002          SAFE VEHICLES

(a)  All vehicles used to transport children shall be in

good repair, safe, and free of hazards such as torn upholstery that allows

children to remove the interior padding or hurt themselves, broken windows, and

holes in the floor or roof.

(b)  Vehicles shall be insured for liability as required by

State laws governing transportation of passengers.

(c)  Vehicles used to transport children in snowy, icy, and

other hazardous weather conditions must be equipped with snow tires, chains, or

other safety equipment as appropriate.

 

History Note:        Authority G.S. 110-91; 110‑91(13);

143B‑168.3;

Eff. January 1, 1986;

Amended Eff. July

1, 1998.

 

10A NCAC 09 .1003          SAFE PROCEDURES

(a)  The driver or other adult in the vehicle shall assure

that all children are transferred to a responsible person who is indicated on

the child's application as specified in Rule .0801(a)(4) of this Chapter or as

authorized by the parent.

(b)  Each center shall establish safe procedures for pick‑up

and delivery of children.  These procedures shall be communicated to parents,

and a copy shall be posted in the center where they can be seen by the parents.

Centers licensed for three to 12 children located in a residence are not

required to post these procedures.

(c)  A first‑aid kit shall be located in each vehicle

used on a regular basis to transport children.  The first‑aid kit

shall be firmly mounted or secured if kept in the passenger compartment.

(d)  For each child being transported, emergency and

identifying information shall be in the vehicle.

(e)  The driver shall:

(1)           be 21 years old or a licensed bus driver;

(2)           have a valid driver's license of the type

required under North Carolina Motor Vehicle Law for the vehicle being driven or

comparable license from the state in which the driver resides; and

(3)           have no convictions of Driving While

Impaired (DWI) or any other impaired driving offense within the previous three

years.

(f)  Each person in the vehicle shall be seated in the

manufacturer's designated areas.  No child shall ride in the load carrying area

or floor of a vehicle.

(g)  Children shall not be left in a vehicle unattended by

an adult.

(h)  Children shall be loaded and unloaded from curbside or in

a safe, off‑street area, out of the flow of traffic, so that they are

protected from all traffic hazards.

(i)  Before children are transported, written permission

from a parent shall be obtained that shall include when and where the child is

to be transported, expected time of departure and arrival, and the

transportation provider.

(j)  Parents may give standing permission, valid for up to

12 months, for routine transport of children to and from the center.  

(k)  When children are transported, staff in each vehicle

shall have a functioning cellular telephone or other functioning two-way voice

communication device with them for use in an emergency. Staff shall not use

cellular telephones or other functioning two-way voice communication devices

except in the case of an emergency and only when the vehicle is parked in a

safe location.

(l)  For routine transport of children to and from the

center, staff shall have a list of the children being transported.  Staff

members shall use this list to check attendance as children board the vehicle

and as they depart the vehicle.  A list of all children being transported shall

also be available at the center.

 

History Note:        Authority G.S. 110-85; 110-91; 110‑91(13);

143B‑168.3;

Eff. January 1, 1986;

Amended Eff. December 1, 2014; November 1, 2007; July 1,

1998; October 1, 1991; January 1, 1987.

 

10A NCAC 09 .1004          STAFF/CHILD RATIOS

(a)  When children aged two years and older are being

transported, the staff/child ratios required for compliance with child care

center regulations as set forth in Section .0700 of this Subchapter shall

apply.

(b)  When three or more children under the age of two years

are being transported, the staff/child ratio requirements for child care

centers set forth in Section .0700 of this Subchapter for children under age

two shall be maintained.  The driver shall not be counted in the staff/child

ratio.

 

History Note:        Authority G.S. 110‑91(13); 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. July

1, 1998; July 1, 1988.

 

SECTION .1300 ‑ BUILDING CODE REQUIREMENTS FOR CHILD

CARE CENTERS

 

10A NCAC 09 .1301          BUILDING CODE REQUIREMENTS IN

OPERATION PRIOR TO 4/1/72

For the purpose of carrying out the provisions of G.S. 110‑91(4),

the North Carolina Building Code standards for child care centers in operation prior

to April 1, 1972 developed by the Building Code Council are hereby incorporated

by reference by the Child Care Commission and do not include any subsequent

amendments.  This Rule does not apply to small group facilities described in

Rule .1303 of this Section.  A copy of the North Carolina Building Code

standards is on file at the Division of Child Development located at the

address given in Rule .0102 of this Subchapter and will be available for public

inspection during regular business hours.

 

History Note:        Authority G.S. 110‑91(4); 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. July 1, 1998.

 

10A NCAC 09 .1302          BUILDING CODE REQUIREMENTS FOR CHILD

CARE CENTERS

For the purpose of carrying out the provision of G.S. 110‑91(4),

the North Carolina Building Code standards for child care centers originally in

operation on or after April 1, 1972 developed by the Building Code Council are

hereby incorporated by reference by the Child Care Commission and include

subsequent amendments.  This Rule does not apply to small group facilities

described in Rule .1303 of this Section.  A copy of the North Carolina Building

Code standards is on file at the Division of Child Development located at the

address given in Rule .0102 of this Subchapter and will be available for public

inspection during regular business hours.

 

History Note:        Authority G.S. 110‑91(4); 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. July

1, 1998; January 1, 1987.

 

10A NCAC 09 .1303          BUILDING

CODE REQUIREMENTS FOR SMALL GROUP FACILITIES LICENSED PRIOR TO 7/1/88

For the purpose of carrying out the provisions of G.S. 110‑91(4),

the North Carolina Building Code standards for small group day care facilities

(6‑15 children) licensed prior to July 1, 1988 developed by the Building

Code Council are hereby incorporated by reference by the Child Care Commission

and do not include any subsequent amendments.  A copy of the North Carolina

Building Code standards is on file at the Division of Child Development located

at the address given in Rule .0102 of this Subchapter and will be available for

public inspection during regular business hours.

 

History Note:        Authority G.S. 110‑91(4); 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. July

1, 1998.

 

10A NCAC 09 .1304          REQUIREMENTS FOR CHILD CARE CENTERS

LICENSED IN A RESIDENCE

Licensed child care centers in an occupied residence shall

comply with the North Carolina Building Code developed by the Building Code

Council which are hereby incorporated by reference and include subsequent

amendments.  For purposes of this Rule, licensed child care centers in an

occupied residence include centers that are licensed for three to 12 children

when any preschool-aged children are in care, or for three to 15 children when

only school-aged children are in care.  A copy of the North Carolina Building

Code standards is on file at the Division of Child Development located at the

address given in Rule .0102 of this Subchapter and will be available for public

inspection during regular business hours.

 

History Note:        Authority G.S. 110-91(4); 143B-168.3;

Eff. July 1, 1998;

Amended Eff. April 1, 2001.

 

SECTION .1400 ‑ SPACE REQUIREMENTS

 

10A NCAC 09 .1401          INDOOR SPACE

(a)  Indoor space on which licensed capacity is based will

be referred to as "primary space".  The licensing consultant will

measure all primary space that will routinely be used by children who attend

the center, except that the following will not be included: closets, hallways,

storage areas, kitchens, bathrooms, utility areas; thresholds, foyers, space or

rooms used for administrative activities or space occupied by adult‑sized

desks, cabinets, file cabinets, etc.; single‑use rooms, including music

rooms, isolation/sick rooms, gymnasiums, dining rooms, sleep rooms; any floor

space occupied by or located under equipment, furniture, or materials not used

by children; and any floor space occupied by or located under built‑in

equipment or furniture.

(1)           Any single‑use room used by the

children for sleeping only, either during nap time or any other time, will also

be measured by the Division's representative to assure that the available floor

space provides 200 cubic feet of air space per child for the maximum number of

children who will sleep in that room at any time.

(2)           All measurements will be rounded off to the

nearest inch.

(3)           Total space on which the licensed capacity

is based will be the sum of the measurements of all primary space to be used by

the children.  However, no room will routinely be occupied by more children

than the primary space in that room will accommodate at 25 square feet of space

per child.  This is not meant to preclude grouping children together

periodically for special activities, such as to view films or slides; for

special presentations, such as puppet or magic shows, a special story teller, a

discussion of safety practices by a fireman or nurse, etc.  However, care must

be taken to assure that during such special activities, the room used is not so

overcrowded that the children and staff would be endangered in case of a fire

or other emergency necessitating evacuation of the center.

(b)  For centers with a licensed capacity of three to 12

children located in a residence, the dining area of a kitchen may be counted if

it is routinely used for children's activities in addition to eating.

(c)  Paragraph (a) of this Rule shall apply only to child

care centers initially licensed on or after February

1, 1985.

 

History Note:        Authority G.S. 110‑91(6); 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. July

1, 1998; November 1, 1989.

 

10A NCAC 09 .1402          OUTDOOR SPACE

(a)  When a center is licensed for six to

twenty‑nine children, inclusive, there shall be 75 square feet per child

outdoor play area for the total number of children for which the center is

licensed.  In addition, the total number of children on the playground shall

not exceed the number the space will accommodate at 75 square feet per child.

(b)  When a center is licensed for 30 or more

children, there shall be 75 square feet per child of outdoor play area for at

least one‑half of the total number for which the center is licensed,

provided that the minimum amount of space on the outdoor play area shall be

enough to accommodate at least 30 children.

(c)  Paragraphs (a) and (b) of this Rule apply

only to child care centers initially licensed after April 1, 1984.

(d)  The outdoor play area shall provide an

area that is shaded by a building, awnings, trees, or other methods.

(e)  The outdoor area shall be designed so

that staff are able to see and easily supervise the entire area.

 

History Note:        Authority G.S. 110‑85(1),(2); 110‑91(6);

143B‑168.3;

Eff. January 1, 1986;

Amended Eff. January

1, 1996.

 

10A NCAC 09 .1403          AQUATIC ACTIVITIES

(a)  This Rule applies to children and staff in child care

centers that participate in aquatic activities.

(b)  The requirements in this Rule apply to aquatic

activities, which are defined as activities that take place in, on, or around a

body of water such as swimming, swimming instruction, wading, visits to water

parks, and boating.  Aquatic activities do not include water play activities

such as water table play, slip and slide activities, or playing in sprinklers.

(c)  For every 25 children in care participating in aquatic

activities, there shall be at least one person who has a life guard training

certificate issued by the Red Cross or other training determined by the

Division to be equivalent to the Red Cross training, appropriate for both the

type of body of water and type of aquatic activities.  These lifeguards shall

not be counted in the required staff-child ratios referenced in Paragraph (d)

of this Rule.

(d)  Children under the age of three shall not participate

in aquatic activities except, to the extent necessary, to implement any child's

Individualized Family Service Plan (IFSP) or Individualized Education Program

(IEP).

(e)  The following staff-child ratios shall be maintained

whenever children participate in aquatic activities:

Age of Children                    Ratio Staff/Children

3 to 4 Years                                          1/8

4 to 5 Years                                          1/10

5 Years and Older                                1/13

Notwithstanding the staff-child ratios, at no time shall

there be fewer than two staff members supervising the aquatic activity.

(f)  Children shall be adequately supervised by center staff

at all times while participating in aquatic activities.  Adequate supervision

means that half of the center staff needed to meet the staff-child ratios in

Paragraph (d) of this Rule is in the water and the other half is out of the

water.  If an uneven number of staff are needed to meet the required

staff-child ratios, the majority shall be in the pool.  Staff shall be stationed

in pre-assigned areas that will enable them at all times to hear, see, and

respond quickly to the children who are in the water and children who are out

of the water.  Children shall not enter the water before center staff are

stationed in their pre-assigned areas.  Center staff shall devote their full

attention to supervising the children in their pre-assigned areas of coverage

and shall communicate with one another about children moving from one area to

another area.

(g)  Prior to children participating in aquatic activities,

the center shall develop policies that address the following:

(1)           aquatic safety hazards;

(2)           pool and aquatic activity area supervision

including restroom or changing room use;

(3)           how discipline is handled during aquatic

activities; and

(4)           the facility's specific field trip and

transportation policies and procedures.

(h)  Before staff first supervise children on an aquatic

activity, and annually thereafter, staff shall sign and date statements that

they have reviewed:

(1)           the center policies as specified in

Paragraph (f) of this Rule;

(2)           any specific guidelines provided by the

pool operator or other off-site aquatic facility; and

(3)           the requirements of this Rule.

The current statement shall be maintained in the staff

person's personnel file for one year or until it is superseded by a new

statement.

(i)  Any outdoor swimming pool which is located on the child

care facility premises shall be enclosed by a fence and shall be separated from

the remaining outdoor play area by that fence.

(j)  Swimming pool safety rules shall be posted in a

prominent place visible to children and staff for any swimming pool located on

the child care facility premises.  These rules shall state:

(1)           the location of a first-aid kit;

(2)           that only water toys are permitted;

(3)           that children shall not run or push one

another;

(4)           that swimming is allowed only when an adult

is present; and

(5)           that glass objects are not allowed.

(k)  All swimming pools used by children shall meet the

"Rules Governing Public Swimming Pools" in accordance with 15A NCAC

18A .2500 which are incorporated by reference, including subsequent

amendments.  A copy of these Rules is on file with the Division of Child

Development, 319 Chapanoke Road, Raleigh, NC 27603,or may be obtained at no

cost by writing the North Carolina Division of Environmental Health, 1630 Mail

Service Center, Raleigh, NC 27699-1630.

(l)  Children shall wear an age or size appropriate life

jacket whenever they participate in boating, rafting or canoeing activities.

 

History Note:        Authority G.S. 110-85; 110-88(5);

110-91(1),(6); 143B-168.3;

Eff. January 1, 1986;

Amended Eff. July 1, 2010; November 1, 2007; January 1,

1996; January 1, 1992; January 1, 1987.

 

section .1500 - TEMPORARY CARE REQUIREMENTS

 

10A NCAC 09 .1501          SCOPE

10A NCAC 09 .1502          MEDICAL EXAMINATION

10A NCAC 09 .1503          BEDS, COTS, MATS AND LINENS

10A NCAC 09 .1504          ATTENDANCE RECORDS

 

History Note:        Authority G.S. 110-91; 143B-168.3;

Eff. January 1, 1986;

Amended Eff. November 1, 1989;

Repealed Eff. July 1, 2012.

 

10A NCAC 09 .1505          BUILDING APPROVAL FOR SCHOOL-AGED CARE

 

History Note:        Authority G.S. 110-92; 143B-168.3;

Eff. January 1, 1986;

Repealed Eff. July 1, 2010.

 

10A NCAC 09 .1506          OUTDOOR PLAY AREA

 

History Note:        Authority G.S. 110-91; 143B-168.3;

Eff. January 1, 1986;

Amended Eff. November 1, 1989;

Repealed Eff. July 1, 2012.

 

SECTION .1600 ‑ REQUIREMENTS FOR VOLUNTARY ENHANCED

PROGRAM STANDARDS

 

10a ncac 09 .1601          ADMINISTRATIVE POLICIES REQUIRED

10A NCAC 09 .1602          OPERATIONAL AND PERSONNEL POLICIES

 

History Note:        Authority G.S. 110-88(7); 143B-168.3;

Eff. January 1, 1986;

Amended Eff. April 1, 1999; January 1, 1991; July 1,

1988;

Repealed Eff. May 1, 2006.

 

10A NCAC 09 .1603          RESERVED FOR FUTURE CODIFICATION

 

10a ncac 09 .1604          space requirements

 

History Note:        Authority G.S. 110-88(7); 143B-168.3;

Eff. January 1, 1986;

Amended Eff. April 1, 2001; July 1, 1998;

Repealed Eff. May 1, 2006.

 

10A NCAC 09 .1605          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .1606          staff/child ratios

 

History Note:        Authority G.S. 110-88(7); 143B-168.3;

Eff. January 1, 1986;

Amended Eff. January 1, 2006; April 1, 2001; April 1,

1999; August 1, 1990; July 1, 1988;

Repealed Eff. May 1, 2006.

 

10A NCAC 09 .1607          reserved for future codification

 

10A NCAC 09 .1608          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .1609          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .1610          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .1611          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .1612          CAREGIVING ACTIVITIES FOR PRESCHOOL‑AGED

CHILDREN

10A NCAC 09 .1613          PARENT PARTICIPATION

 

History Note:        Authority G.S. 110‑88(7); 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. April 1, 1999; October 1, 1991; November 1,

1989; July 1, 1988;

Repealed Eff. May 1, 2006.

 

10A NCAC 09 .1614          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .1615          NIGHT CARE

 

History Note:        Authority G.S. 110‑88(7); 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. January 1, 1991;

Repealed Eff. May 1, 2006.

 

Section .1700 –FAMILY CHILD CARE HOME REQUIREMENTS

 

10A NCAC 09 .1701          GENERAL PROVISIONS RELATED TO

LICENSURE OF HOMES

(a)  All family child care homes shall comply with the

standards for licensure set forth in this Section. A one- star rated license

shall be issued to a family child care home operator who complies with the

minimum standards for a license contained in this Section and G.S. 110-91.

(b)  An individual who provides care for five hours or more

in a week, during planned absences of the operator, shall be at least 21 years

old, have a high school diploma or GED, have completed a first aid and

cardiopulmonary resuscitation (CPR) course as described in Rule .1705,

Subparagraphs (a)(3), (a)(4), (b)(2), and (b)(3) of this Section, have

completed a health questionnaire, have proof of negative results of a

tuberculosis test completed within 12 months prior to the first day of

providing care, submit criminal records check forms as required in 10A NCAC 09

.2702, and annual in-service training as described in Rule .1705(b)(5) of this

Section. While the individual provides care at a family child care home, copies

of required information shall be on file in the home available for review by

the Division. 

(c)  An individual who provides care for less than five

hours in a week, during planned absences of the operator shall meet all

requirements listed in Paragraph (b) of this Rule, except the requirements for

annual in-service training and a high school diploma or GED. The individual

shall be literate.

(d)  The operator shall review the appropriate requirements

found in this Chapter, including the Emergency Preparedness and Response Plan,

and in G.S. Chapter 110, Article 7 with any individuals who are providing care

prior to the individual's assuming responsibility for the children. The

operator and individual providing care shall sign and date a statement which

attests that this review was completed. This statement shall be kept on file in

the home available for review by the Division.

(e)  An individual who provides care during unplanned

absences of the operator, such as medical emergencies, shall be at least 18

years old and submit criminal records check forms as required in 10A NCAC 09

.2702, Paragraph (j). The children of an emergency caregiver shall not be

counted in the licensed capacity for the first day of the emergency caregiver's

service.

(f)  The provisions of G.S. 110-90.2 which exclude persons

with certain criminal records or personal habits or behavior which may be

harmful to children from operating or being employed in a family child care

home are hereby incorporated by reference and shall also apply to any person on

the premises with the operator's permission when the children are present. This

exclusion shall not apply to parents or other persons who enter the home only

for the purpose of performing parental responsibilities; nor does it include

persons who enter the home for brief periods for the purpose of conducting

business with the operator and who are not left alone with the children.

(g)  The parent of a child enrolled in any family child care

home subject to regulation under G.S. 110, Article 7 shall be allowed unlimited

access to the home during its operating hours for the purposes of contacting

the child or evaluating the home and the care provided by the operator. The

parent shall notify the operator of his or her presence immediately upon

entering the premises.

(h)  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 quickly

to the children if needed; 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.

(i)  Each operator shall develop and adopt a written plan of

care for completing routine tasks (including running errands, meeting family

and personal demands, and attending classes) to ensure that routine tasks shall

not interfere with the care of children during hours of operation. The plan

shall:

(1)           specify typical times for completing

routine tasks and include those times on the written schedule, or specify that

routine tasks will not occur during hours of operation;

(2)           specify the names of any individuals, such

as additional caregivers or substitutes, 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 given 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.

(j)  If the operator amends the written plan, the operator

shall give written notice of the amendment to parents of all enrolled children

at least 30 days before the amended plan is implemented. Each parent shall sign

a statement acknowledging the receipt and explanation of the amendment. The

operator shall retain the acknowledgement in the child's records as long as the

child is enrolled in the home and a copy shall be maintained on file for review

by the Division.

 

History Note:        Authority G.S. 110-85; 110-86(3);

110-88(1); 110-91; 110-99; 110-105; 143B-168.3;

Eff. January 1, 1986;

Amended Eff. July 1, 2015; May 1, 2013; November 1, 2006;

April 1, 2003; April 1, 1999; July 1, 1998; January 1, 1991; January 1, 1990;

July 1, 1988; January 1, 1987.

 

10A NCAC 09 .1702          APPLICATION FOR A LICENSE FOR A FAMILY

CHILD CARE HOME

(a)  Any person who plans to operate a family child care

home (FCCH) shall apply for a license using a form provided by the Division. 

The form can be found on the Division's website at http://ncchildcare.dhhs.state.nc.us/general/mb_customerservice.asp. 

The applicant shall submit the completed application, to the Division that

complies with the following:

(1)           only one licensed family child care home

shall operate at the location address of any home; and

(2)           the applicant shall list each location

address where a licensed family child care home will operate.

(b)  If a family child care home operates at more than one

location address by cooperative arrangement among two or more families, the

following procedures apply:

(1)           one parent whose home is used as a location

address shall be designated the coordinating parent and shall co-sign the

application with the applicant; and

(2)           the coordinating parent shall know the

current location address at all times and shall provide the information to the

Division upon request.

(c)  The applicant shall ensure that the family child care

home complies with the following requirements:

(1)           single wide manufactured homes are limited

to a maximum of three preschool-age children (not more than two may be two

years of age or less) and two school-age children;

(2)           all children are kept on the ground level

with an exit at grade;

(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 NC Building Code Chapter 603.5.3;

(6)           all indoor areas used by children are

heated when the temperature is below 65 degrees and ventilated when the

temperature is above 85 degrees; and

(7)           pipes or radiators that are hot enough to

be capable of burning children and are accessible to the children are covered

or insulated.

(d)  The applicant shall also submit supporting

documentation with the application for a license to the Division. The

supporting documentation shall include:

(1)           a copy of a non-expired qualification

letter in accordance with 10A NCAC 09 .2702;

(2)           a copy of documentation of completion of a

first aid and cardiopulmonary resuscitation (CPR) course;

(3)           proof of negative results of the

applicant's tuberculosis test completed within the past 12 months;

(4)           a completed health questionnaire;

(5)           a copy of current pet vaccinations for any

pet in the home;

(6)           a negative well water bacteriological

analysis if the home has a private well;

(7)           copies of any inspections required by local

ordinances; and

(8)           any other documentation required by the

Division according to the rules in this Section to support the issuance of a

license.

(e)  Upon receipt of a complete application and supporting

documentation, a Division representative shall make an announced visit to each

home.  An announced visit is not required by a Division representative if the

applicant is subject to the circumstances in Paragraph (g) of this Rule. The

issuance of a license applies as follows:

(1)           if all applicable requirements of G.S. 110,

Article 7 and this Section are met, a license shall be issued;

(2)           if the applicable requirements of G.S. 110,

Article 7 and this Section are not met, but the applicant has the potential to

comply, the Division representative shall establish with the applicant a time

period for the home to achieve compliance. If the Division representative

determines that all applicable requirements of G.S. 110, Article 7 and this

Section are met within the established time period, a license shall be issued; or

(3)           if all applicable requirements of G.S. 110,

Article 7 and this Section are not met or cannot be met within the established

time, the Division shall deny the application.

(f)  The Division shall allow the applicant to operate prior

to the Division representative's visit described in Paragraph (e) of this Rule

when the applicant is currently licensed as a family child care home operator,

needs to relocate and notifies the Division of the relocation, and the Division

representative is unable to visit before the relocation occurs. An applicant

shall not operate until he or she has received from the Division either

temporary permission to operate or a license.

(g)  The Secretary may deny the application for the license

under the following circumstances:

(1)           if any child care facility license

previously held by the applicant has been denied, revoked, or summarily

suspended by the Division;

(2)           if the Division initiated denial,

revocation, or summary suspension proceedings against any child care facility

license previously held by the applicant and the applicant voluntarily

relinquished the license;

(3)           during the pendency of an appeal of a

denial, revocation, or summary suspension of any other child care facility

license held by the applicant;

(4)           if the Division determines that the

applicant has a relationship with an operator or former operator who previously

held a license under an administrative action described in Subparagraphs

(g)(1), (2), or (3) of this Rule.  As used in this Rule, an applicant has a relationship

with a former operator if the former operator would be involved with the

applicant's child care facility in one or more of the following ways:

(A)          would participate in the administration or operation

of the facility;

(B)          has a financial interest in the operation of the

facility;

(C)          provides care to the children at the facility;

(D)          resides in the facility; or

(E)           would be on the facility's board of directors, be a

partner of the corporation, or otherwise have responsibility for the

administration of the business;

(5)           based on the  applicant's previous

non-compliance as an operator with the requirements of G.S. 110, Article 7 or

this Chapter;

(6)           if abuse or neglect has been substantiated

against the applicant or a household  member; or

(7)           if the applicant is a disqualified child

care provider or has a disqualified household member residing in the FCCH.

(h)  In determining whether denial of the application for a

license is warranted pursuant to Paragraph (g) of this Rule, the Division shall

consider:

(1)           any documentation provided by the applicant

which describes the steps the applicant will take to prevent reoccurrence of

noncompliance issues that led to any prior administrative action taken against

a license previously held by the applicant;

(2)           training certificates or original

transcripts for any coursework from a nationally recognized regionally

accredited institution of higher learning related to providing quality child

care, and that was taken subsequent to any prior administrative action against

a license previously held by the applicant. "Nationally recognized"

means that every state in this nation acknowledges the validity of the

coursework taken at higher education institutions that meet the requirements of

one of the accrediting bodies;

(3)           proof of employment in a licensed child

care facility and references from the administrator or licensee of the child

care facility regarding work performance;

(4)           documentation of collaboration or

mentorship with a licensed child care provider to obtain additional knowledge

and experience related to operation of a child care facility; and

(5)           documentation explaining relationships with

persons meeting the criteria listed in Subparagraph (g)(4) of this Rule.

(i)  The license shall not be bought, sold, or transferred

from one individual to another.

(j)  The license is valid only for the location address

listed on it.

(k)  The license must be returned to the Division in the

event of termination, revocation, suspension, or summary suspension.

(l)  A licensee shall notify the Division if a change occurs

that affects the information shown on the license.

 

History Note:        Authority G.S. 110-85; 110-88(5); 110-86;

110-91; 110-91(4); 110-93; 110-99; 143B-168.3;

Eff. January 1, 1986;

Amended Eff. March 1, 2014; December 1, 2012; August 1,

2011; July 1, 2010; April 1, 2003; April 1, 2001; July 1, 1998; January 1,

1991; November 1, 1989; January 1, 1987.

 

10A NCAC 09 .1703          CAREGIVER INTERACTIONS

Caregivers shall relate to 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 many activities with the children.  For example,

caregivers shall:

(1)           Make eye contact when speaking to a child;

(2)           Actively 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.

 

History Note:        Authority G.S. 110-85; 110-91(8),(11);

143B-168.3;

Eff. July 1, 2010.

 

10A NCAC 09 .1704          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .1705          HEALTH AND TRAINING REQUIREMENTS FOR

FAMILY CHILD CARE HOME OPERATORS

(a)  Prior to receiving a license, each family child care

home operator shall:

(1)           Complete and keep on file a health

questionnaire which attests to the operator's physical and emotional ability to

care for children.  The Division may require a written statement or medical examination

report signed by a licensed physician or other authorized health professional

if there is reason to believe that the operator's health may adversely affect

the care of the children based upon observations and complaints made to the

Division.

(2)           Obtain written proof that he or she is free

of active tuberculosis.  The results indicating the individual is free of

active tuberculosis shall be obtained within 12 months prior to applying for a

license.

(3)           Complete within 12 months prior to applying

for a license a basic first aid course that shall address principles for

responding to emergencies, and techniques for handling common childhood

injuries, accidents and illnesses such as choking, burns, fractures, bites and

stings, wounds, scrapes, bruises, cuts and lacerations, poisoning, seizures,

bleeding, allergic reactions, eye and nose injuries and sudden changes in body

temperature.

(4)           Successfully complete within 12 months

prior to applying for a license a course by the American Heart Association or

the American Red Cross or other organizations approved by the Division in

cardiopulmonary resuscitation (CPR) appropriate for the ages of children in

care. Other organizations shall be approved if the Division determines that the

courses offered are substantially equivalent to those offered by the American

Red Cross. Successfully completed is defined as demonstrating competency, as

evaluated by the instructor, in performing CPR.  Documentation of successful

completion of the course from the American Heart Association, the American Red

Cross, or other organization approved by the Division shall be on file in the

home.

(b)  After receiving a

license, an operator shall:

(1)           Update the health questionnaire referenced

in Paragraph (a) of this Rule annually. The Division may require the operator

to obtain written proof that he or she is free of active tuberculosis.

(2)           Complete a first aid course as referenced

in Paragraph (a) of this Rule.  First aid training shall be renewed on or

before expiration of the certification or every three years, whichever is

less. 

(3)           Successfully complete a CPR course as

referenced in Paragraph (a) of this Rule.  CPR training shall be renewed on or

before the expiration of the certification, or every two years, whichever is

less. 

(4)           If licensed to care for infants ages 12

months and younger, complete ITS-SIDS training within four months of receiving

the license, and complete it again every three years from the completion of

previous ITS-SIDS training.  Completion of ITS-SIDS training may be included

once every three years in the number of hours needed to meet the annual

in-service training requirement in Paragraph (b)(5) of this Rule. 

(5)           Complete 12 clock hours of annual

in-service training in the topic areas required by G.S. 110-91(11), except that

persons with at least 10 years work experience as a caregiver in a child care

arrangement regulated by the Division of Child Development and Early Education

shall complete eight clock hours of annual in-service training.  Only training

which has been approved by the Division as referenced in Rule .0708 of this

Chapter shall count toward the required hours of annual in-service training. 

The operator shall maintain a record of annual in-service training activities

in which he or she has participated.  The record shall include the subject

matter, the topic area in G.S. 110-91(11) covered, the name of the training

provider or organization, the date training was provided and the number of

hours of training completed.  First aid training may be counted no more than

once every three years.

(6)           Within one year of the effective date of

the license, complete the Emergency Preparedness and Response in Child Care

training.  For the purposes of this Rule, the Emergency Preparedness and

Response in Child Care is a training approved by the Division on creating an

Emergency Preparedness and Response Plan and practicing, responding to, and

recovering from emergencies in child care facilities.  Existing operators have

two years as of the effective date of this Rule to complete the Emergency

Preparedness and Response in Child Care training.  Documentation of completion

of the training shall be maintained in the operator's personnel file.

(7)           Upon completion of the Emergency

Preparedness and Response in Child Care training, 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 must 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.  The Plan shall

include the following:

(A)          written procedures for accounting for all in

attendance, including the location of the children, staff, volunteer and

visitor attendance lists and the name of the person(s) responsible for bringing

the lists in the event of an emergency;

(B)          a description for how and when children shall be

transported;

(C)          methods for communicating with parents and emergency

personnel or law enforcement;

(D)          a description of how children's nutritional and

health needs will be met;

(E)           the relocation and reunification process;

(F)           emergency telephone numbers;

(G)          evacuation diagrams showing how the operator, family

members, children and any other individuals who may be present will evacuate

during an emergency;

(H)          the date of the last revision of the plan;

(I)            specific considerations for non-mobile children

and children with special needs; and

(J)            the location of the Ready to Go File. A Ready to

Go File means a collection of information on children, additional caregivers

and the facility, to utilize, if an evacuation occurs. The file shall include,

but is not limited to, a copy of the Emergency Preparedness and Response Plan,

contact information for individuals to pick-up children, each child's

Application for Child Care, medication authorizations and instructions, any

action plans for children with special health care needs, a list of any known

food allergies of children and additional caregiver, additional caregiver

contact information, Incident Report forms, an area map, and emergency

telephone numbers. 

(8)           Review the Emergency Preparedness and

Response Plan annually or when information in the plan changes, to ensure all

information is current.

(9)           Review the Family Child Care Home's

Emergency Preparedness and Response Plan with additional caregivers during

orientation and on an annual basis.

 

History Note:        Authority G.S. 110-85; 110‑88;

110-91; 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. July 1, 2015; July 1, 2008; May 1, 2004;

July 1, 1998; November 1, 1989; January 1, 1987.

 

10A NCAC 09 .1706          NUTRITION STANDARDS

(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 free

of charge from the Division at the address in Rule .0102(1) of this Chapter.

(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 the

additional food necessary to meet those requirements unless the child's parent

or guardian opts out of the supplemental food provided by the operator as set

forth in G.S. 110-91(2) h.1.  A statement acknowledging the parental decision

to opt out of the supplemental food provided by the operator signed by the

child's parent or guardian shall be on file at the home. Opting out means that

the operator will 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. If the child's parent or guardian has opted out

but does not provide all food and drink for the child, the program shall

provide supplemental food and drink as if the child's parent or guardian had

not opted out of the supplemental food program.

(c)  The food required by special diets for medical,

religious or cultural reasons, may be provided by the operator or may be

brought to the program by the parents.  If the diet is prescribed by a health

care professional, a statement signed by the health care professional shall be

on file at the program and written instructions must be provided by the child's

parent, health care professional or a licensed dietitian/nutritionist. If the

diet is not prescribed by a health care professional, written instructions

shall be provided by the child's parent and shall be on file at the program.

(d)  Food that does not meet the nutritional requirements

specified in Paragraph (a) of this Rule, such as cookies, chips, donuts; etc.

shall be available only for special occasions such as holidays, birthdays and

other celebrations.

(e)  For children ages 24 months and older a meal or snack

must be provided at least every four hours.

(f)  The parent or health care professional of each child

under 15 months of age shall provide the operator an individual written feeding

schedule for the child. This schedule shall be followed at the home.  This

schedule shall include the child's name, be signed by the parent or health care

professional, and be dated when received by the operator. Each infant's

schedule shall be modified in consultation with the child's parent or health

care professional to reflect changes in the child's needs as he or she

develops.

(g)  Parents shall be allowed to provide breast milk for

their children.  Accommodations for breastfeeding mothers are provided that

include seating and an electrical outlet, in a place other than a bathroom,

that is shielded from view by staff and the public, which may be used by

mothers while they are breastfeeding or expressing milk.

(h)  Each infant shall be held for bottle feeding until able

to hold his or her own bottle.  Bottles shall not be propped. Each child shall

be held or placed in feeding chairs or other age-appropriate seating apparatus

to be fed.

(i)  Any formula which is prepared by the operator shall be

prepared according to the instructions on the formula package or label, or

according to written instructions from the child's health care professional.

(j)  Infants shall not be served juice in a bottle without a

prescription or written statement on file from a health care professional or

licensed dietitian/nutritionist.

(k)  Drinking water must be freely available and offered to

children on a frequent basis.

(l)  When milk, milk products, or fruit juices are provided

by the operator, only pasteurized products or products which have undergone an

equivalent process to pasteurization shall be used.

(m)  The operator will provide only the following beverages:

(1)           breast milk;

(2)           formula;

(3)           water;

(4)           unflavored whole milk, for children ages

12-24 months;

(5)           unflavored skim or lowfat milk for children

two years old and older; or

(6)           100 percent fruit juice, limited to 6

ounces per day.

 

History Note:        Authority G.S. 110-85; 110-91(2);

143B-168.3;

Eff. December 1, 2012.

 

10A NCAC 09 .1707          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .1708          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .1709          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .1710          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .1711          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .1712          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .1713          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .1714          RESERVED FOR FUTURE CODIFICATION

 

10a NCAC 09 .1715          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .1716          FAILURE TO MAINTAIN REQUIREMENTS

(a)  If the Division determines that a family child care

home operator fails to maintain compliance with the requirements for licensure,

the Division may establish a reasonable time period to allow the operator to

achieve compliance or recommend issuance of a provisional license in accordance

with Rule .0401 of this Subchapter.

(b)  If the operator fails to achieve compliance within the

established time period, the Division may suspend, terminate, or revoke the

license.  The operator may appeal any such action pursuant to the provisions of

G.S. 150B.

(c)  The Division may recommend imposition of a civil

penalty in accordance with the procedures set forth in Section .2200 of this

Subchapter and according to the following schedules:

(1)           A civil penalty in an amount up to one

thousand dollars ($1,000.00) may be imposed when the Division has

substantiation that a child was abused or neglected while in care in a family

child care home.

(2)           A civil penalty in an amount up to two

hundred dollars ($200.00) may be imposed for the following violations:

(A)          Repeated incidents of exceeding the number of

children allowed in a licensed family child care home;

(B)          Repeated incidents where there has been a lack of

supervision of the children; or

(C)          Willful, repeated pattern of noncompliance with any

requirement contained in this Subchapter or in the General Statutes.

(3)           A civil penalty in an amount up to one

hundred dollars ($100.00) may be imposed for the following violations:

(A)          Denial of entry to an authorized representative of

the Division;

(B)          Documented noncompliance with the number of children

allowed in a licensed family child care home;

(C)          Lack of supervision of the children in care; or

(D)          Failure to comply with a corrective action plan

designed by the Division to correct noncompliance with any applicable

requirement in this Subchapter or in the General Statutes.

 

History Note:        Authority G.S. 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.

 

10A NCAC 09 .1717          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .1718          REQUIREMENTS FOR DAILY OPERATIONS

(a)  The operator shall provide the following on a daily

basis for all children in care:

(1)           Developmentally appropriate equipment and

materials for a variety of outdoor activities which allow for vigorous play,

large and small muscle development, and social, emotional, and intellectual

development. Each child shall have the opportunity for outdoor play each day that

weather conditions permit.  The operator shall provide space and time for

vigorous indoor activities when children cannot play outdoors;

(2)           An individual sleeping space such as a bed,

crib, play pen, cot, mat, or sleeping bag with individual linens for each

pre-school aged child in care for four hours or more, or for all children if

overnight care is provided, to rest comfortably.  Individual sleep requirements

for infants aged 12 months or younger shall be provided for as specified in 10A

NCAC 09 .1724(a)(2). Linens shall be changed weekly or whenever they become

soiled or wet;

(3)           A quiet, separate area which can be easily

supervised for children too sick to remain with other children.  Parents shall

be notified immediately if their child becomes too sick to remain in care;

(4)           Adequate supervision as described below:

(A)          For children who are awake, staff shall interact

with the children while moving about the indoor or outdoor area, and shall be

able to hear and see the children at all times, except when emergencies

necessitate that direct supervision is impossible for brief periods of time;

and

(B)          For children who are sleeping or napping, the staff

are not required to visually supervise them, but shall be able to hear and

respond quickly to them.  Children shall not sleep or nap in a room with a

closed door between the children and the supervising staff. The staff shall be

on the same level of the home where children are sleeping or napping.

(5)           A safe sleep environment by ensuring that

when a child is sleeping or napping, bedding or other objects shall not be

placed in a manner that covers the child's face;

(6)           The opportunity each day for each child

under the age of 12 months to play while awake while positioned on his or her

stomach;

(7)           Developmentally appropriate activities as

planned on a written schedule.  Materials or equipment shall be available

indoors and outdoors to support the activities listed on the written schedule.

The written schedule shall:

(A)          Show blocks of time usually assigned to types of

activities and include periods of time for both active play and quiet play or

rest;

(B)          Be displayed in a place where parents are able to

view;

(C)          Reflect daily opportunities for both free choice and

guided activities;

(D)          Include a minimum of one hour of outdoor play

throughout the day, if weather conditions permit; and

(E)           Include a daily gross motor activity which may

occur indoors or outdoors; and

(8)           When screen time, including videos, video

games, and computer usage, is provided, it shall be:

(A)          Offered only as a free choice activity,

(B)          Used to meet a developmental goal, and

(C)          Limited to no more than two and a half hours per

week for each child two years of age and older.

Usage time

periods may be extended for specific special events, projects, occasions such

as a current event, homework, on-site computer classes, holiday; and birthday

celebration.  Screen time is prohibited for children under the age of two

years.  The operator shall offer alternate activities for children under the

age of two years.

 

History Note:        Authority G.S. 110-85; 110-88;

110-91(2),(12);

Eff. July 1, 1998;

Amended Eff. December 1, 2012; July 1, 2010; March 1,

2006; May 1, 2004.

 

10A NCAC 09 .1719          REQUIREMENTS FOR A SAFE INDOOR/OUTDOOR

ENVIRONMENT

(a)  The operator of a family child care home shall maintain

a safe indoor and outdoor environment for the children in care.  In addition,

the operator shall:

(1)           keep all areas used by the children,

indoors and outdoors, clean and orderly and free of items which are potentially

hazardous to children.  This includes the removal of items that a child can

swallow. In addition, loose nails or screws and splinters shall be removed on

inside and outside equipment;

(2)           safely store equipment and supplies such as

lawnmowers, power tools, or nails, so they are inaccessible to children;

(3)           ensure that all stationary outdoor

equipment is firmly anchored and is not installed over concrete or asphalt. 

Footings which anchor the equipment shall not be exposed;

(4)           securely mount electric fans out of the

reach of children or have a mesh guard on each fan;

(5)           cover all electrical outlets not in use and

remove old, cracked or frayed cords in occupied outlets;

(6)           ensure that, for appliances with heating

elements, such as bottle warmers, crock pots, irons, coffee pots, or curling

irons, neither the appliance nor the cord, if applicable, is accessible to

preschool children;

(7)           have solid and safe indoor and outdoor

stairs and steps if these are used by the children.  Indoor and outdoor stairs

with two or more steps which are used by the children shall be railed.  Indoor

stairs with more than two steps shall be made inaccessible to children in care

who are two years old or younger;

(8)           maintain any swimming pools or wading pools

on the premises in a manner that will safeguard the lives and health of the

children.  All swimming or wading pools used by children in care shall meet the

"Rules Governing Public Swimming Pools," in accordance with 15A NCAC

18A .2500 which are hereby incorporated by reference including subsequent

amendments.  A copy of these Rules is on file at the Division at the address

given in Rule .0102 of this Chapter or may be obtained at no cost by writing

the North Carolina Division of Environmental Health, 1630 Mail Service Center,

Raleigh, NC 26799-1630;

(9)           enclose any in-ground swimming pools by a

fence at least four feet high to prevent chance access by children.  The

swimming pool shall be separate from the play area.  Access to the water in

above ground swimming pools shall be prevented by locking and securing the

ladder in place or storing the ladder in a place inaccessible to the children;

and

(10)         safely store all combustible materials that

may create a fire hazard.

(b)  Prior to enrollment of children in a family child care

home, and before new animals that will be in the home come into the family

child care home, a parent of each child must sign a form acknowledging the type

of animal and where the animal will be during operating hours.  This

documentation shall be maintained in each child's file.

 

History Note:        Authority G.S. 110-85; 110-88;

110-91(3),(4),(5),(6);

Eff. July 1, 1998;

Amended Eff. May 1, 2012; April 1, 2001.

 

10A NCAC 09 .1720     SAFETY, MEDICATION, AND SANITATION

REQUIREMENTS

(a)  To assure the safety of children in care, the operator

shall:

(1)           empty firearms of ammunition and keep both

in separate, locked storage;

(2)           keep items used for starting fires, such as

matches and lighters, out of the children's reach;

(3)           keep all medicines in locked storage;

(4)           keep hazardous cleaning supplies and other

items that might be poisonous, e.g., toxic plants, out of reach or in locked

storage when children are in care;

(5)           keep first aid supplies in a place

accessible to the operator;

(6)           keep tobacco products out of reach or in

locked storage when children are in care;

(7)           ensure the equipment and toys are in good

repair and are developmentally appropriate for the children in care;

(8)           have a working telephone within the family

child care home. Telephone numbers for the fire department, law enforcement

office, emergency medical service, and poison control center shall be posted

near the telephone;

(9)           have access to a means of transportation

that is always available for emergency situations;

(10)         be able to recognize common symptoms of illnesses;



(11)         conduct a monthly fire drill; and

(12)         conduct a "shelter in place drill"

or "lockdown drill" as defined in 10A NCAC 09 .0102 at least every

three months.

(b)  The operator may provide care for a mildly ill child

who has a Fahrenheit temperature of less than 100 degrees axillary or 101

degrees orally and who remains capable of participating in routine group

activities; provided the child does not:

(1)           have the sudden onset of diarrhea

characterized by an increased number of bowel movements compared to the child's

normal pattern and with increased stool water;

(2)           have two or more episodes of vomiting

within a 12 hour period;

(3)           have a red eye with white or yellow eye

discharge until 24 hours after treatment;

(4)           have scabies or lice;

(5)           have known chicken pox or a rash suggestive

of chicken pox;

(6)           have tuberculosis, until a health

professional states that the child is not infectious;

(7)           have strep throat, until 24 hours after

treatment has started;

(8)           have pertussis, until five days after

appropriate antibiotic treatment;

(9)           have hepatitis A virus infection, until one

week after onset of illness or jaundice;

(10)         have impetigo, until 24 hours after

treatment; or

(11)         have a physician's or other health professional's

written order that the child be separated from other children.

(c)  The following provisions apply to the administration of

medication in family child care homes: 

(1)           No prescription or over-the-counter

medication and no topical, non-medical ointment, repellent, lotion, cream or

powder shall be administered to any child:

(A)          without written authorization from the child's

parent;

(B)          without written instructions from the child's

parent, physician or other health professional;

(C)          in any manner not authorized by the child's parent,

physician or other health professional;

(D)          after its expiration date; or

(E)           for non-medical reasons, such as to induce sleep.

(2)           Prescribed medications:

(A)          shall be stored in the original containers in which

they were dispensed with the pharmacy labels specifying:

(i)            the child's name;

(ii)           the name of the medication or the prescription

number;

(iii)          the amount and frequency of dosage;

(iv)          the name of the prescribing physician or other

health professional; and

(v)           the date the prescription was filled; or

(B)          if pharmaceutical samples, shall be stored in the

manufacturer's original packaging, shall be labeled with the child's name, and

shall be accompanied by written instructions specifying:

(i)            the child's name;

(ii)           the names of the medication;

(iii)          the amount and frequency of dosage;

(iv)          the signature of the prescribing physician or

other health professional; and

(v)           the date the instructions were signed by the

physician or other health professional; and

(C)          shall be administered only to the child for whom

they were prescribed.

(3)           A parent's written authorization for the

administration of a prescription medication described in Paragraph (c)(2) of

this Rule shall be valid for the length of time the medication is prescribed to

be taken.

(4)           Over-the-counter medications, such as cough

syrup, decongestant, acetaminophen, ibuprofen, topical antibiotic cream for

abrasions, or medication for intestinal disorders shall be stored in the

manufacturer's original packaging on which the child's name is written or

labeled and shall be accompanied by written instructions specifying:

(A)          the child's name;

(B)          the names of the authorized over-the-counter

medication;

(C)          the amount and frequency of the dosages;

(D)          the signature of the parent, physician or other

health professional; and

(E)           the date the instructions were signed by the

parent, physician or other health professional. The permission to administer

over-the-counter medications is valid for up to 30 days at a time, except as

allowed in Subparagraphs (c)(6), (7), (8), and (9) of this Rule. 

Over-the-counter medications shall not be administered on an "as

needed" basis, other than as allowed in Subparagraphs (c)(6), (7), (8),

and (9) of this Rule.

(5)           When questions arise concerning whether any

medication should be administered to a child, the caregiver may decline to

administer the medication without signed, written dosage instructions from a

licensed physician or authorized health professional.

(6)           A parent may give a caregiver standing

authorization for up to six months to administer prescription or

over-the-counter medication to a child, when needed, for chronic medical

conditions and for allergic reactions.  The authorization shall be in

writing and shall contain:

(A)          the child's name;

(B)          the subject medical conditions or allergic

reactions;

(C)          the names of the authorized over-the-counter

medications;

(D)          the criteria for the administration of the

medication;

(E)           the amount and frequency of the dosages;

(F)           the manner in which the medication shall be

administered;

(G)          the signature of the parent;

(H)          the date the authorization was signed by the parent;

and

(I)            the length of time the authorization is valid, if

less than six months.

(7)           A parent may give a caregiver standing

authorization for up to 12 months to apply over-the-counter, topical ointments,

topical teething ointment or gel, insect repellents, lotions, creams, and

powders --- such as sunscreen, diapering creams, baby lotion, and baby powder

--- to a child, when needed.  The authorization shall be in writing and shall

contain:

(A)          the child's name;

(B)          the names of the authorized ointments, repellents,

lotions, creams, and powders;

(C)          the criteria for the administration of the

ointments, repellents, lotions, creams, and powders;

(D)          the manner in which the ointments, repellents,

lotions, creams, and powders shall be applied;

(E)           the signature of the parent;

(F)           the date the authorization was signed by the

parent; and

(G)          the length of time the authorization is valid, if

less than 12 months.

(8)           A parent may give a caregiver standing

authorization to administer a single weight-appropriate dose of acetaminophen

to a child in the event the child has a fever and a parent cannot be reached. 

The authorization shall be in writing and shall contain:

(A)          the child's name;

(B)          the signature of the parent;

(C)          the date the authorization was signed by the parent;

(D)          the date that the authorization ends or a statement

that the authorization is valid until withdrawn by the parent in writing.

(9)           A parent may give a caregiver standing

authorization to administer an over-the-counter medication as directed by the

North Carolina State Health Director or designee, when there is a public health

emergency as identified by the North Carolina State Health Director or

designee.  The authorization shall be in writing, may be valid for as long

as the child is enrolled, and shall contain:

(A)          the child's name;

(B)          the signature of the parent;

(C)          the date the authorization was signed by the parent;

and

(D)          the date that the authorization ends or a statement

that the authorization is valid until withdrawn by the parent in writing.

(10)         Pursuant to G.S. 110-102.1A, a caregiver may

administer medication to a child without parental authorization in the event of

an emergency medical condition when the child's parent is unavailable,

providing the medication is administered with the authorization and in

accordance with instructions from a health care professional as defined in Rule

.0102(16) of this Chapter.

(11)         A parent may withdraw his or her written

authorization for the administration of medications at any time in writing.

(12)         Any medication remaining after the course of

treatment is completed or after authorization is withdrawn shall be returned to

the child's parents.  Any medication the parent fails to retrieve within 72

hours of completion of treatment, or withdrawal of authorization, shall be

discarded.

(13)         Any time prescription or over-the-counter

medication is administered by a caregiver to children receiving care, including

any time medication is administered in the event of an emergency medical

condition without parental authorization as permitted by G.S. 110-102.1A, the

child's name, the date, time, amount and type of medication given, and the name

and signature of the person administering the medication shall be recorded. 

This information shall be noted on a medication permission slip, or on a

separate form developed by the provider which includes the required

information.  This information shall be available for review by the Division

during the time period the medication is being administered and for at least

six months after the medication is administered.  No documentation shall be

required when items listed in Subparagraph (c)(7) of this Rule are applied to

children.

(d)  To assure the health of children through proper

sanitation, the operator shall:

(1)           collect and submit samples of water from

each well used for the children's water supply for bacteriological analysis to

the local health department or a laboratory certified to analyze drinking water

for public water supplies by the North Carolina Division of Laboratory Services

every two years. Results of the analysis shall be on file in the home;

(2)           have sanitary toilet, diaper changing and

hand washing facilities. Diaper changing areas shall be separate from food

preparation areas;

(3)           use sanitary diapering procedures. Diapers

shall be changed whenever they become soiled or wet. The operator shall:

(A)          wash his or her hands before, as well as after,

diapering each child;

(B)          ensure the child's hands are washed after diapering

the child; and

(C)          place soiled diapers in a covered, leak proof

container which is emptied and cleaned daily;

(4)           use sanitary procedures when preparing and

serving food. The operator shall:

(A)          wash his or her hands before and after handling food

and feeding the children; and

(B)          ensure the child's hands are washed before and after

the child is fed;

(5)           wash his or her hands, and ensure the

child's hands are washed, after toileting or handling bodily fluids.

(6)           refrigerate all perishable food and

beverages. The refrigerator shall be in good repair and maintain a temperature

of 45 degrees Fahrenheit or below. A refrigerator thermometer is required to monitor

the temperature;

(7)           date and label all bottles for each

individual child, except when there is only one bottle fed child in care;

(8)           have a house that is free of rodents;

(9)           screen all windows and doors used for

ventilation;

(10)         have all household pets vaccinated with

up-to-date vaccinations as required by North Carolina law and local ordinances.

Rabies vaccinations are required for cats and dogs; and

(11)         store garbage in waterproof containers with

tight fitting covers.

(e)  The operator shall not force children to use the toilet

and the operator shall consider the developmental readiness of each individual

child during toilet training.

(f)  The operator shall not use tobacco products at any time

while children are in care.  Smoking or use of tobacco products shall not

be permitted indoors while children are in care, or in a vehicle when children

are transported.

 

History Note:        Authority G.S. 110-88; 110-91(6);

Eff. July 1, 1998;

Amended Eff. July 1, 2015; May 1, 2004; April 1, 2003;

April 1, 2001.

 

10A NCAC 09 .1721          REQUIREMENTS FOR RECORDS

(a)  The operator shall maintain the following health

records for each enrolled child, including his or her own preschool child(ren):

(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)           a health and emergency information form

provided by the Division that is completed and signed by a child's parent.  A

copy of the form can be found on the Division's website at http://ncchildcare.nc.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 name, address, and date of birth;

(B)          the names of individuals to whom the child may be

released;

(C)          the general status of the child's health;

(D)          any allergies or restrictions on the child's

participation in activities with instructions from the child's parent or physician;

(E)           the names and phone numbers of persons to be

contacted in an emergency situation;

(F)           the name and phone number of the child's physician

and preferred hospital;

(G)          authorization for the operator to seek emergency

medical care in the parent's absence; and

(4)           when medication is administered,

authorization for the operator to administer the specific medication according

to the parent's or physician's instructions.

(b)  The operator shall complete and maintain other records

which include:

(1)           documentation of the operator's Emergency

Preparedness and Response Plan on a template which is provided by the Division

at http://rmp.nc.gov/portal/#;

(2)           documentation that monthly fire drills are

practiced.  The documentation shall include the date each drill is held, the

time of day, the length of time taken to evacuate the home, and the operator's

signature;

(3)           incident reports that are completed each

time a child receives medical treatment by a physician, nurse, physician's

assistant, nurse practitioner, community clinic, or local health department, as

a result of an incident occurring while the child is in the family child care

home.  Each incident shall be reported on a form provided by the Division,

signed by the operator and the parent, and maintained in the child's file. A

copy of the form can be found on the Division's website at http://ncchildcare.nc.gov/pdf_forms/DCDEE-0058.pdf. 

A copy shall be mailed to the Division within seven calendar days after the

incident occurs;

(4)           an incident log which is filled out any

time an incident report is completed.  This log shall be cumulative and

maintained in a separate file and shall be available for review by the

Division. This log shall be completed on a form supplied by the Division. A

copy of the form can be found on the Division's website at http://ncchildcare.nc.gov/pdf_forms/incident_log_i.pdf;

(5)           documentation that a monthly check for

hazards on the outdoor play area is completed.  This form shall be supplied by

the Division and shall be maintained in the family child care home for review

by the Division.  A copy of the form can be found of the Division's website at http://ncchildcare.nc.gov/pdf_forms/fcch_outdoor_inspection_checklist.pdf;

(6)           Accurate daily attendance records for all

children in care, including the operator's own preschool children.  The

attendance record shall indicate the date and time of arrival and departure for

each child; and

(7)           documentation of lockdown or

shelter-in-place drills giving the date each drill is held, the time of day,

the length of time taken to get into designated locations and the signature of

the person who conducted the drill. 

(c)  Written records shall be maintained as follows:

(1)           All children's records as required in this

Chapter, except medication permission slips as required in Rule .1720(c)(13) of

this Section, must be kept on file one year from the date the child is no

longer enrolled.

(2)           Additional caregiver records as required in

this Chapter shall be maintained on file one year from the employee's last date

of employment.

(3)           Current program records as required in this

Chapter shall be maintained on file for as long as the license remains valid. 

Prior versions shall be maintained based on the time frame in the following

charts:

(A)          A minimum of 30 days from the revision or

replacement date:

 



Record





Rule







Daily Schedule





.1718(7)







Infant Feeding Schedule





.1706(f)







SIDS Sleep Chart/Visual Check





.1724(8)





 

(B)          A minimum of one year from the revision or

replacement date:

 



Record





Rule







Attendance





.1721(b)(6)







Emergency Numbers





.1720(a)(8)







Emergency Preparedness and Response Plan





.1721(b)(1)







Field Trip/Transportation

Permission





.1723(1)

 







Fire Drill Log





.1721(b)(2)







Lockdown or Shelter-in-Place Drill Log





.1721(b)(7)







Incident Log





.1721(b)(4)







Playground Inspection





.1721(b)(5)







Pet Vaccinations





.1720(d)(10)





 

(4)           Well-water analysis, pool inspection and

inspections for local ordinances as referenced in Rules .1720(d)(1), .1719(7),

and .1702(d) of this Section shall remain on file at the family child care home

for as long as the license remains valid.

(5)           Records may be maintained in a paper format

or electronically, except that records that require a signature of a staff

person or parent shall be maintained in a paper format.

(6)           All records required in this Chapter shall

be available for review by the Division.

 

History Note:        Authority G.S. 110-85; 110-88;

110-91(1),(9);

Eff. July 1, 1998;

Amended Eff. July 1, 2015; July 1, 2010; July 1, 2008;

April 1, 2003; April 1, 2001.

 

10A NCAC 09 .1722          DISCIPLINE POLICY

(a)  The operator shall provide a written copy of and

explain the operator's discipline practices to a parent of each child at the

time of enrollment.  A parent must sign and date a statement which attests that

a copy of the discipline policy was given to, and discussed with them.  If an

operator changes discipline practices, the parent must sign and date a

statement acknowledging that they received written notice of and discussed the

new policy at least 30 days prior to the implementation of the new policy.  The

signed statement shall be kept on file in the home available for review.

(b)  No child shall be subjected to any form of corporal

punishment by the family child care home operator, substitute caregiver, or any

other person in the home, whether or not these persons reside in the home.

(c)  No child shall be handled roughly in any way, including

shaking, pushing, shoving, pinching, slapping, biting, kicking, or spanking.

(d)  No child shall ever be placed in a locked room, closet,

or box, or be left alone in a room separated from staff.

(e)  No discipline shall ever be delegated to another child.

(f)  Discipline shall in no way be related to food, rest or

toileting:

(1)           No food shall be withheld, or given, as a

means of discipline.

(2)           No child shall ever be disciplined for

lapses in toilet training.

(3)           No child shall ever be disciplined for not

sleeping during rest period.

(g)  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.

(h)  Discipline shall be age and developmentally

appropriate.

 

History Note:        Authority G.S. 110-91(10);

Eff. July 1, 1998;

Amended Eff. April

1, 2003; April 1, 2001.

 

10A NCAC 09 .1723          TRANSPORTATION REQUIREMENTS

To assure the safety of children whenever they are

transported, the operator, or any other transportation provider, shall:

(1)           have written permission from a parent to

transport his or her child and notify the parent when and where the child is to

be transported, and who the transportation provider will be;

(2)           ensure that all children regardless of age

or location in the vehicle shall be restrained by individual seat belts or

child restraint devices.  Only one person shall occupy each seat belt or child

restraint device;

(3)           be at least 18 years old, and have a valid

driver's license of the type required under the North Carolina Motor Vehicle

Law for the vehicle being driven, or comparable license from the state in which

the driver resides, and no convictions of Driving While Impaired (DWI), or any

other impaired driving offense, within the last three years;

(4)           ensure that each child is seated in a

manufacturer's designated area;

(5)           ensure that a child shall not occupy the

front seat if the vehicle has an operational passenger side airbag;

(6)           never leave children in a vehicle

unattended by an adult;

(7)           have emergency and identification

information about each child in the vehicle whenever children are being

transported; and

(8)           not use a cellular telephone or other

functioning two-way voice communication device except in the case of an

emergency and only when the vehicle is parked in a safe location.

 

History Note:        Authority G.S. 110-91; 110-91(13);

143B-168.3;

Eff. July 1, 1998;

Amended Eff. December 1, 2014; April 1, 2003.

 

10A NCAC 09 .1724          SAFE SLEEP POLICY

(a)  Each operator licensed to care for infants aged 12

months or younger shall develop and adopt 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;

(2)           specifies that infants aged 12 months or

younger shall be placed in a crib, bassinet or play pen with a firm padded

surface when sleeping;

(3)           specifies whether pillows, blankets, toys,

and other objects may be placed in a crib with a sleeping infant aged 12 months

or younger, and if so, specifies the number and types of allowable objects;

(4)           specifies that nothing shall be placed over

the head or face of an infant aged 12 months or younger when the infant is laid

down to sleep;

(5)           specifies that the temperature in the room

where infants aged 12 months or younger are sleeping does not exceed 75°F;

(6)           specifies the means by which the operator

shall visually check sleeping infants aged 12 months or younger;

(7)           specifies the frequency with which the

operator shall visually check sleeping infants aged 12 months or younger;

(8)           specifies how the operator shall document

compliance with visually checking on sleeping infants aged 12 months or

younger, with such documents to be maintained for a minimum of one month; and

(9)           specifies any other steps the operator

shall take to provide a safe sleep environment for infants aged 12 months or

younger.

(b)  The operator shall post a copy of the safe sleep policy

or a poster about safe sleep practices in a prominent place in the infant

sleeping room or area.

(c)  A copy of the operator's safe sleep policy shall be

given and explained to the parents of an infant aged 12 months or younger on or

before the first day the infant attends the home.  The parent shall sign a

statement acknowledging the receipt and explanation of the policy.  The

acknowledgement shall contain:

(1)           the infant's name;

(2)           the date the infant first attended the

home;

(3)           the date the operator's safe sleep policy

was given and explained to the parent; and

(4)           the date the parent signed the

acknowledgement.

The operator shall retain the acknowledgement in the child's

record as long as the child is enrolled at the home.

(d)  If an operator amends a home's safe sleep policy, the

operator shall give written notice of the amendment to the parents of all

enrolled infants aged 12 months or younger at least 14 days before the amended

policy is implemented. Each parent shall sign a statement acknowledging the

receipt and explanation of the amendment.  The operator shall retain the

acknowledgement in the child's record as long as the child is enrolled at the

home.

(e)  A health care professional's or parent's waiver of the

requirement that all infants aged 12 months or younger be placed on their backs

for sleeping shall:

(1)           bear the infant's name and birth date;

(2)           be signed and dated by the infant's health

care professional or parent; and

(3)           specify the infant's authorized sleep

positions;

The operator shall retain the waiver in the child's record

as long as the child is enrolled at the home.

(f)  For each infant with a waiver on file at the home as

specified in Paragraph (e) of this Rule, a notice shall be posted for quick

reference near the infant's crib, bassinet, or play pen that shall include:

(1)           the infant's name;

(2)           the infant's authorized sleep position; and

(3)           the location of the signed waiver.

No confidential medical information, including an infant's

medical diagnosis, shall be shown on the notice.

 

History Note:        Authority G.S. 110-85; 110-91(15);

143B-168.3;

Eff. May 1, 2004;

Amended Eff. July 1, 2010.

 

SECTION .1800 - DISCIPLINE

 

10A NCAC 09 .1801          DISCIPLINE POLICY

(a)  The person who conducts the enrollment conference shall

provide a written copy of and explain the center's discipline practices to each

child's parents, legal guardian, or full‑time custodian at the time of

enrollment.  Each parents, legal guardian, or full‑time custodian must

sign a statement which attests that a copy of the center's written discipline

policies were given to and discussed with him or her.  That statement must bear

the child's name, the date of enrollment, and if different, the date the

parent, legal guardian, or full‑time custodian signs the statement.  The

signed, dated statement must be in the child's record and must remain on file

in the center as long as the child is enrolled.  If a center changes its

discipline policy at any time, it must give written notice of such a change to

the child's parent, guardian, or full‑time custodian 30 days prior to the

implementation of the new policy and the parent, guardian, or full‑time

custodian must sign a statement that attests that a copy of the new policy was

given to and discussed with him or her.  This statement shall be kept in the

child's file.

(b)  No child shall be subjected to any form of corporal

punishment by the owner, operator, director, or staff of any child care

facility.  For purposes of this Rule, "staff" shall mean any regular

or substitute caregiver, any volunteer, and any auxiliary personnel, such as

cooks, secretaries, janitors, maids, vehicle drivers, etc.:

(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)           Discipline

shall in no way be related to food, rest or toileting:

(A)          No food shall to be withheld, or given, as a means

of discipline.

(B)          No child shall ever be disciplined for lapses in

toilet training.

(C)          No child shall ever be disciplined for not sleeping

during rest period.

(5)           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.

(6)           Discipline

shall be age and developmentally appropriate.

 

History Note:        Authority G.S. 110‑91(10); 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. April

1, 2001; November 1, 1989.

 

SECTION .1900 ‑ SPECIAL PROCEDURES CONCERNING

ABUSE/NEGLECT IN CHILD CARE

 

10A NCAC 09 .1901          NOTIFICATION TO COUNTY DEPARTMENTS OF

SOCIAL SERVICES

Any allegation of abuse or neglect received by the Division

shall be referred to the county department of social services within 24 hours

of receipt of the complaint or on the next working day.  Even if the county

department of social services determines the allegation does not warrant

investigation according to G.S. 7B-302, the complaint shall be investigated by

the Division.

 

History Note:        Authority G.S. 110‑88(5); 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. April

1, 2001; November 1, 1989.

 

10A NCAC 09 .1902          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .1903          INVESTIGATION PROCEDURES

(a)  The investigation shall include interviews with the

operator, staff, parents, or any other adult who has information regarding the

allegation.  Reports from law enforcement officers and other professionals, as

well as photographs and other investigative tools, may be used as appropriate.

(b)  The Division's representative may interview the child

or children about the allegations of abuse or neglect only in those cases where

the county department of social services does not conduct an investigation.

(c)  The Division shall share information related to

investigations with departments of social services, as appropriate.  However,

any information subject to confidentiality laws or regulations shall be handled

so as to preserve the confidential nature of the material.

(d)  At any time during the investigation, the

representative of the Division may conduct an evaluation for compliance with

all applicable requirements.

(e)  The Division shall make a written report to the

operator and the county department of social services when the investigation is

completed.  The Division may also report to law enforcement officers and other

professionals that were involved in the investigation.  This report shall

explain the Division's findings and what further action will be taken, if any.

(f)  The final written report of findings and further action

shall be made within 90 days of receipt of the allegation.  If the

investigation is not complete at that time, an interim report explaining the

status of the investigation shall be made to the operator 90 days after receipt

of the allegation and every 30 days thereafter until the final report is made. 

The county department of social services shall be sent a copy of each interim

report.

 

History Note:        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.

 

10A NCAC 09 .1904          ADMINISTRATIVE SANCTIONS

(a)  A special provisional license may be issued for a six‑month

period when the Division determines that abuse or neglect occurred in a child

care center or home.  The following provisions shall apply:

(1)           the special provisional license and the

reasons for its issuance shall be posted in a prominent place in the center or

home as soon as they are received by the operator;

(2)           the special provisional license and reasons

for issuance shall remain posted for the entire six months covered by the

license, and also during the time of any administrative proceedings;

(3)           no new children shall be enrolled in the

center or home until the Division is satisfied that the abusive or neglectful

situation no longer exists and gives the operator written permission to accept

new children; and

(4)           an operator may obtain an administrative

hearing on the issuance of a special provisional license in accordance with the

provisions of G.S. 150B‑23.

(b)  A written warning specifying corrective action to be

taken by the operator of the child care center or home may be issued when the

investigation is concluded and the Division determines that abuse or neglect

occurred in a center or home and the situation does not warrant issuance of a

special provisional license.

(c)  A civil penalty, in accordance with the schedules

listed in Rule .1716 and .Section .2200 of this Subchapter, may be levied

against the operator of a child care home or center when the Division

determines that child abuse or neglect has occurred while the child was in the

care of the home or center.  In addition, any violation of the terms of a

special provisional license may result in the assessment of a civil penalty as

provided in Rule .1716 and Section .2200 of this Subchapter.

(d)  Failure to implement the corrective action plan

required by a written warning pursuant to G.S. 110‑88(6a) may result in

either the assessment of a civil penalty as provided in Section .2200 of this

Subchapter or the issuance of a special provisional license or may result in

both actions being taken.

(e)  The type of sanction imposed by the Secretary shall be

determined by one or more of the following criteria:

(1)           severity of the incident;

(2)           probability of reoccurrence;

(3)           prior incidents of abuse or neglect in the

center or home;

(4)           history of compliance with child care

requirements; or

(5)           the Division's assessment of the operator's

response to the incident.

(f)  Nothing in this Rule shall restrict the Secretary from

using any other statutory or administrative penalty available pursuant to G.S.

110‑102.2 and Section .2200 of this Subchapter, or the provisions in 150B‑3(c)

to summarily suspend a license if the health, safety or welfare of any child is

in jeopardy.

 

History Note:        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.

 

SECTION .2000 ‑ RULEMAKING AND CONTESTED CASE PROCEDURES

 

10A NCAC 09 .2001          PETITIONS FOR RULEMAKING

(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:

 

Administrative

Procedures Coordinator

Division of Child

Development

2201 Mail

Service Center

Raleigh, North Carolina  27699-2201

 

(b)  The petition shall contain either a draft of the

proposed rule or a summary of its contents, the reasons for the proposal, and

the name and address of the petitioner.  The petition shall 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; and

(5)           the names and addresses of those most

likely to be affected by the proposed rule.

(c)  The Division Director or designee shall present the

petition, plus any additional information or recommendations deemed relevant,

to the Commission to determine whether the public interest will be served by

granting the petition.

(d)  The Commission shall render a decision as to whether to

deny or approve the petition at its next scheduled meeting, which may be no

later than 120 days after submission of the petition.  If the decision is to

deny the petition, the Division Director or designee shall notify the

petitioner in writing, stating the reasons for the denial.  If the decision is

to approve the petition, the Commission shall initiate a rulemaking proceeding

by issuing a rulemaking notice, as provided in these rules.

 

History Note:        Authority G.S. 143B‑168.3; 150B‑16;

Eff. November 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. May 23, 2015.

 

10A NCAC 09 .2002          RULEMAKING PROCEDURES

(a)  The rulemaking procedures for the Secretary of the

Department of Health and Human Services codified in 10A NCAC 01 are hereby

adopted by reference pursuant to G.S. 150B‑14(c) to apply to the actions

of the Commission, with the following modifications:

(1)           Correspondence related to the Commission's

rulemaking actions shall be submitted to:

 

Administrative

Procedures Coordinator

Division of Child

Development

2201 Mail

Service Center

Raleigh, North

Carolina  27699-2201

 

(2)           The "Secretary's designee" shall

mean the Director of the Division of Child Development (hereinafter referred to

as the Division).

(3)           "The Division" shall be

substituted for the "Office of General Counsel" in 10A NCAC 01.

(4)           "Hearing officer" shall mean the

Chairman of the Child Care Commission or designee.

(b)  Copies of 10A NCAC 01 may be inspected in the Division

at the address given in Subparagraph (a)(1) of this Rule.  Copies may be

obtained from the Office of Administrative Hearings, 424 North Blount Street, Raleigh,

North Carolina, 27601.

 

History Note:        Authority G.S. 143B‑168.3; 150B‑11;

150B‑14;

Eff. November 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. May 23, 2015.

 

10A NCAC 09 .2003          DECLARATORY RULINGS

(a)  The Commission shall have the power to make declaratory

rulings. All requests for declaratory rulings shall be by written petition and

shall be submitted to:

 

Administrative

Procedures Coordinator

Division of Child Development

2201 Mail

Service Center

Raleigh, North Carolina  27699-2201

 

(b)  Every request for a declaratory ruling must include the

following information:

(1)           the name and address of the petitioner;

(2)           the statute or rule to which the petition

relates;

(3)           a concise 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 of a failure to issue a

declaratory ruling.

(c)  Where a declaratory ruling is deemed to be in the

public interest, the Commission shall issue the ruling within 60 days of the

receipt of the petition.

(d)  A declaratory ruling procedure may consist of written

submissions, oral hearings, or such other procedure as may be deemed

appropriate, in the discretion of the Commission, in the particular case.

(e)  The Commission may issue notice to persons who might be

affected by the ruling that written comments may be submitted or oral

presentations received at a scheduled hearing.

(f)  A record of all declaratory ruling proceedings shall be

maintained by the Division and shall be available for public inspection during

regular business hours.  This record shall contain:

(1)           the original request,

(2)           the reasons for refusing to issue a ruling,

(3)           all written memoranda and information

submitted,

(4)           any written minutes or audio tape or other

record of the oral hearing, and

(5)           a statement of the ruling.

 

History Note:        Authority G.S. 143B‑168.3; 150B‑11;

150B‑17;

Eff. November 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. May 23, 2015.

 

10A NCAC 09 .2004          CONTESTED CASES:  DEFINITIONS

The following terms shall have the following meaning unless

the context of the rule requires a different interpretation:

(1)           "Department" means the Department of

Health and Human Services;

(2)           "Director" means the Director of the

Division of Child Development;

(3)           "Hearing" means a contested case hearing

as provided in G.S. 150B‑2(2) and 150B‑23;

(4)           "OAH" means the Office of Administrative

Hearings.

 

History Note:        Authority G.S. 143B‑10; 150B‑11;

Eff. November 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. May 23, 2015.

 

10A NCAC 09 .2005          CONTESTED CASES:  REQUEST FOR

DETERMINATION

(a)  In accordance with G.S. 150B‑2(2), any person may

request a determination of his legal rights, privileges, or duties as they

relate to laws or rules administered by the Department.  All requests must be

in writing and contain a statement of the facts prompting the request

sufficient to allow for appropriate processing by the Department.

(b)  Any person seeking such a determination must exhaust

all informal procedures available before requesting a hearing under G.S. 150B‑23.

(c)  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 .0003.  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, 2005 Mail Service Center, Raleigh, NC  27699-2005.

 

History Note:        Authority G.S. 143B‑10; 150B‑11;

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.

 

10A NCAC 09 .2006          Contested cases: RECORD

(a)  The official record of a hearing shall be maintained in

the, Division of Child Development, 2201 Mail Service Center, Raleigh, North Carolina 27699-2201.

(b)  Any person wishing to examine the hearing record shall

submit such request in writing to the, Division of Child Development, 2201 Mail

Service Center, Raleigh, North Carolina 27699-2201.  Such request must be

given in sufficient time to allow the record to be prepared for inspection.

 

History Note:        Authority G.S. 143B‑10(j)(3); 150B‑11;

150B‑23(e); 150B‑29(b);

Eff. November 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. May 23, 2015.

 

10A NCAC 09 .2007          Contested cases: EXCEPTIONS TO

RECOMMENDED DECISION

(a)  Upon receipt of the official record as defined in G.S.

150B‑37, the Director shall notify the parties to the contested case of

receipt of the record and provide them an opportunity to file exceptions to the

decision recommended by the administrative law judge and to present written

arguments in accordance with G.S. 150B‑36.

(b)  The time provided to submit arguments and exceptions

shall be specified in the notice and shall be at least 15 days from the date

the notice was mailed.

(c)  No new evidence may be included in the exceptions and

arguments presented for consideration by the final decision‑maker.

 

History Note:        Authority G.S. 143B‑10; 150B‑11;

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.

 

SECTION .2100 ‑ RELIGIOUS-SPONSORED CHILD CARE CENTER

REQUIREMENTS

 

10A NCAC 09 .2101          CENTERS OPERATING UNDER G.S. 110-106

(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 name, address, and telephone number of the operator and the

center, if known; the proposed number and age range of children to be served;

and the center's scheduled opening date.  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 operator of the applicable

requirements and procedures.

(b)  Religious-sponsored child care centers shall comply

with all child care center requirements in this Chapter except for the rules

regarding age-appropriate activities in Rules .0505 through .0511(a) and .2508;

and staff qualifications and training requirements in Paragraphs (d) through

(f) of Rule .0703, Rules .0704, .0707 through .0711, and Paragraphs (a) through

(d) of Rule .0714.  For staff working with school-aged children only, 10A NCAC

09 .2510 does not apply.  Compliance shall be documented at least annually

using the same forms and in the same manner as for all other centers.

(c)  The Division shall notify the operator in writing as to

whether the center complies or does not comply with the requirements.

 

History Note:        Authority G.S. 110-85; 110-106;

143B-168.3;

Eff. January 1, 1986;

Amended Eff. August 1, 2011; April 1, 2001; April 1,

1992; January 1, 1991; November 1, 1989; July 1, 1988.

 

SECTION .2200 - ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES

 

10A NCAC 09 .2201          ADMINISTRATIVE PENALTIES: GENERAL

PROVISIONS

(a)  Pursuant to G.S. 110-102.2, the secretary or designee

may order one or more administrative penalties against any operator who

violates any provision of Article 7 of Chapter 110 of the General Statutes or

of this Chapter.

(b)  Nothing in this Section shall restrict the Secretary

from using any other statutory or civil penalty available.  A civil penalty in

accordance with G.S. 110-103.1 and Section .2200 of this Chapter may be imposed

in conjunction with any other administrative activity.

(c)  The issuance of an administrative penalty may be

appealed pursuant to G.S. 150B-23.

(d)  Following the substantiation of any abuse or neglect

complaint or the issuance of any administrative action against a child care

facility, the operator shall:

(1)           maintain copies of documentation of the

substantiated complaint investigation or the administrative action issued

against the facility for the past three years in a binder, which is accessible

to parents;

(2)           within 30 days, notify the parents of the

children currently enrolled that a complaint was substantiated or that an

administrative action was taken against the facility, including administrative

actions that may be stayed pending appeal.  The notice shall:

(A)          be in writing;

(B)          include information on the nature of the

substantiated complaint or the type of administrative action taken; and

(C)          state where the binder containing copies of the

substantiated complaint investigation or administrative action may be found on

site for review by the parents; and

(3)           document the date that the written notice

was given to all parents and have parents sign an acknowledgement that they

have received said notice.

 

History Note:        Authority G.S. 110-85; 110-102.2;

110-103.1; 143B-168.3; 150B-23;

Eff. July 1, 1988;

Amended Eff. July 1, 2010; January 1, 2006; April 1,

2001; November 1, 1989.

 

10A NCAC 09 .2202          WRITTEN REPRIMANDS

(a)  A written reprimand may be issued to censure any

violation which the Division determines to have been a brief uncustomary event

which is unlikely to recur in the ordinary operation of the center or home.

(b)  The reprimand shall describe the reasons for its

issuance including identification of the specific section of the statutes or

rules violated.

 

History Note:        Authority G.S. 110‑102.2; 143B‑168.3;

Eff. July 1, 1988;

Amended Eff. April

1, 2001; August 1, 1990; November 1, 1989.

 

10A NCAC 09 .2203          WRITTEN WARNINGS

(a)  A written warning and a corrective action plan may be

issued in regard to any violation to allow the operator an opportunity to

demonstrate compliance with all requirements.

(b)  The written warning and corrective action plan shall

describe the reasons for its issuance including identification of the specific

section of the statutes or rules violated.  It shall also describe those

actions necessary for the operator to be in full compliance with requirements

and shall specify a time period for compliance to be achieved.

(c)  If the operator fails to achieve compliance during the

specified time period, the Division shall employ more restrictive action to

achieve compliance or shall revoke the permit.

 

History Note:        Authority G.S. 110‑102.2; 143B‑168.3;

Eff. July 1, 1988;

Amended Eff. April

1, 2001; November 1, 1989.

 

10A NCAC 09 .2204          PROBATIONARY LICENSE

(a)  A permit may be placed in probationary status for a

period of time not to exceed one year when, in the Division's determination,

violation of any section of the statutes or rules has been willful, continual,

or hazardous to health or safety.

(b)  The document ordering probation shall describe the

reasons for its issuance including identification of the specific section of

the statutes or rules violated and shall specify the period of probation.  It

shall also specify terms of probation with which the operator must comply to

retain the permit.

(c)  The order of probation shall be posted in a prominent

place in the center or home during the probationary period.  If probation is

stayed pending appeal, the probation order shall remain posted in the center or

home pending final action.

(d)  Failure of the operator to comply with the terms of

probation shall result in the commencement of proceedings to suspend or revoke

the permit.

 

History Note:        Authority G.S. 110‑102.2; 143B‑168.3;

Eff. July 1, 1988;

Amended Eff. April

1, 2001; November 1, 1989.

 

10A NCAC 09 .2205          SUSPENSION

(a)  Suspension of a permit for a period of time not to

exceed 45 days may be ordered when violation of any section of the statutes or

rules has been willful, continual, or hazardous to health or safety, and/or the

operator has not made reasonable efforts to conform to standards.

(b)  The operator shall be notified in advance of the

determination to suspend the permit and the reasons for such action.  The

operator may request an agency review of the situation and shall be given an

opportunity to show compliance with all requirements for retention of the

permit.

(c)  The suspension order shall specify the period of suspension

and the reasons for its issuance.  The operator shall surrender the permit to

the Division on the effective date of the suspension order and shall refrain

from operating a center or home during the suspension period.

(d)  If suspension is stayed pending appeal, the suspension

order shall be posted in a prominent place in the center or home pending final

action.

(e)  Failure to comply with the suspension order shall

result in civil action in accordance with G.S. 110‑103.1 and/or criminal

penalty in accordance with G.S. 110‑103.  The Division may also seek

injunctive relief in accordance with G.S. 110‑104.

 

History Note:        Authority G.S. 110‑102.2; 143B‑168.3;

150B‑3;

Eff. July 1, 1988;

Amended Eff. April

1, 2001; November 1, 1989.

 

10A NCAC 09 .2206          REVOCATION

(a)  Revocation of a permit may be ordered when violation of

any section of the statutes or rules has been willful, continual, or hazardous

to health or safety, or the operator has not made reasonable efforts to conform

to standards or is unable to comply.

(b)  The operator shall be notified in advance of the

determination to revoke the permit and the reasons for such action.  The

operator may request an agency review of the situation and shall be given an

opportunity to show compliance with all requirements for retention of the

permit.

(c)  The revocation order shall specify the reasons for its

issuance and the effective date of revocation and shall be posted prominently

in the center or home immediately upon receipt.  The operator shall surrender the

permit on the effective date of the revocation order and shall refrain from

operating the center or home thereafter.

(d)  Failure to comply with the revocation order shall

result in civil action in accordance with G.S. 110‑103.1 or a criminal

penalty in accordance with G.S. 110‑103, or both.  The Secretary may also

seek injunctive relief in accordance with G.S. 110‑104.

 

History Note:        Authority G.S. 110‑102.2; 143B‑168.3;

150B‑3;

Eff. July 1, 1988;

Amended Eff. April

1, 2001; August 1, 1990; November 1, 1989.

 

10A NCAC 09 .2207          SUMMARY SUSPENSION

(a)  Summary suspension of a permit may be ordered in

accordance with G.S. 150B‑3(c) when, in the Division's determination,

emergency action is required to protect the health, safety, or welfare of

children in a child care facility regulated by the Division.

(b)  The suspension order shall specify the reasons for its

issuance including identification of the specific section of the statutes and

rules violated and the determination of the need for emergency action.  The

order shall be effective on the date specified in the order.  The order shall

be effective during proceedings to suspend or revoke the permit.

(c)  The operator shall surrender the permit on the

effective date of the order and shall refrain from operating a center or home

until final action is determined.

(d)  Failure to comply with the summary suspension order

shall result in civil action in accordance with G.S. 110‑103.1, and/or

criminal penalty in accordance with G.S. 110‑103.  The Division may also

seek injunctive relief in accordance with G.S. 110‑104.

 

History Note:        Authority G.S. 110‑102.2; 143B‑168.3;

150B‑3;

Eff. July 1, 1988;

Amended Eff. April

1, 2001; November 1, 1989.

 

10A NCAC 09 .2208          CIVIL PENALTIES:  SCOPE AND PURPOSE

Any operator who violates any provision of G.S. 110, Article

7 or of this Subchapter, or who fails to take corrective action after being

provided adequate written notice by the Division, shall be considered to be in

willful violation of the licensing law and a civil penalty may be levied

against the operator by the secretary or designee pursuant to rules and

schedules of penalties adopted by the Commission.

 

History Note:        Authority G.S. 110‑90(9); 110‑103.1;

143B‑168.3;

Eff. January 1, 1986;

Amended Eff. April

1, 2001; November 1, 1989; January 1, 1987.

 

10A NCAC 09 .2209          AMOUNT OF PENALTY

(a)  The amount of the penalty assessed shall be based upon

the following factors: willful or negligent non‑compliance by the

operator, history of non‑compliance, extent of deviation from the

regulation, evidence of good faith effort to comply, and any other factors

relevant to the unique situation.

(b)  The amount of the penalty, within the limitation

established by G.S. 110‑103.1, shall be in accordance with the following

schedule:

(1)           Where a violation presents a clear and

imminent danger to the safety of the children, a civil penalty up to one

thousand dollars ($1000) may be imposed;

(2)           Where a violation endangers, or has the

potential to endanger the children's health, safety, or well‑being, a

civil penalty up to five hundred dollars ($500.00) may be imposed;

(3)           Where a violation does not directly

endanger the children, a civil penalty of up to two hundred and fifty dollars

($250.00) may be imposed.

(c)  A separate penalty may be imposed for each violation.

 

History Note:        Authority G.S. 110‑90(9); 110‑103.1;

143B‑168.3;

Eff. January 1, 1986.

 

10A NCAC 09 .2210          NOTICE OF ASSESSMENT OF PENALTY

10A NCAC 09 .2211          RIGHT TO A HEARING

10A NCAC 09 .2212          FAILURE TO PAY ASSESSED PENALTY

 

History Note:        Authority G.S. 110‑90(9); 110‑103.1;

143B‑168.3;

Eff. January 1, 1986;

Amended Eff. July

1, 1988;

Pursuant to G.S. 150B-21.3A, rules Expired June 1, 2015.

 

10A NCAC 09 .2213          SCHEDULE OF CIVIL PENALTIES FOR CHILD

CARE CENTERS

(a)  The following penalties may be assessed against child

care centers as defined in G.S. 110‑86(3).

(b)  A civil penalty in an amount up to one thousand dollars

($1,000) may be imposed for the following violations:

(1)           Non‑compliance with the standards

for:

(A)          Staff‑child ratios;

(B)          Adequate supervision of children;

(C)          Transportation of children; or

(D)          Use of swimming pools and other swim areas;

(2)           Disapproved fire safety, building or

sanitation inspection reports;

(3)           Exceeding licensed capacity of center, or

use of unauthorized space;

(4)           Change of ownership or relocation of center

without prior notification to the Division;

(5)           Substantiation that a child (or children)

was abused or neglected while in the care of the center; or

(6)           Willful, repeated pattern of non‑compliance

with any requirement over extended period of time.

(c)  A civil penalty in an amount up to five hundred dollars

($500.00) may be imposed for the following violations:

(1)           Non‑compliance with the standards

for:

(A)          Staff health requirements;

(B)          Staff qualifications;

(C)          Children's health requirements;

(D)          Proper nutrition;

(E)           Sanitation and personal hygiene practices;

(F)           Discipline of children;

(G)          Indoor or outdoor space; or

(H)          Emergency medical plan;

(2)           Failure to comply with a corrective action plan;

(3)           Denial of entry to an authorized

representative of the department or Division.

(d)  A civil penalty in an amount up to two hundred and

fifty dollars ($250.00) may be imposed for the following violations:

(1)           Non‑compliance with the standards to

provide:

(A)          Age‑appropriate activities; or

(B)          Staff development.

(2)           Failure to post provisional permit; or

(3)           Failure to maintain accurate records.

(e)  Violation of other standards may result in the

assessment of a penalty according to the effect or potential effect of the

violation on the safety and well‑being of the child.

 

History Note:        Authority G.S. 110‑90(9); 110‑103.1;

143B‑168.3;

Eff. January 1, 1986;

Amended Eff. April

1, 2001; October 1, 1991.

 

SECTION .2300 ‑ FORMS

 

10A NCAC 09 .2301          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .2302          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .2303          RESERVED FOR FUTURE CODIFICATION

 

10a NCAC 09 .2304          RESERVED FOR FUTURE CODIFICATION

 

10a NCAC 09 .2305          RESERVED FOR FUTURE CODIFICATION

 

10a NCAC 09 .2306          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .2307          RESERVED FOR FUTURE CODIFICATION

 

10a NCAC 09 .2308          RESERVED FOR FUTURE CODIFICATION

 

10a NCAC 09 .2309          RESERVED FOR FUTURE CODIFICATION

 

10a NCAC 09 .2310          RESERVED FOR FUTURE CODIFICATION

 

10a NCAC 09 .2311          RESERVED FOR FUTURE CODIFICATION

 

10a NCAC 09 .2312          RESERVED FOR FUTURE CODIFICATION

 

10a NCAC 09 .2313          RESERVED FOR FUTURE CODIFICATION

 

10a NCAC 09 .2314          RESERVED FOR FUTURE CODIFICATION

 

10a NCAC 09 .2315          RESERVED FOR FUTURE CODIFICATION

 

10a NCAC 09 .2316          RESERVED FOR FUTURE CODIFICATION

 

10a NCAC 09 .2317          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 09 .2318          RETENTION OF FORMS AND REPORTS BY A

CHILD CARE OPERATOR

Each child care center operator must retain records as

follows:

(1)           All children's records as required in this Chapter,

except the Medication Permission Slip as referenced in Rule .0803(13) of this

Chapter, shall be maintained on file for at least one year from the date the

child is no longer enrolled in the center.

(2)           All personnel records as required in this Chapter

shall be maintained on file for at least one year from the date the employee is

no longer employed.

(3)           Current program records shall be maintained on file

for as long as the license remains valid.  Prior versions shall be maintained

based on the time frame in the following charts:

(a)           A minimum of 30 days from the revision or

replacement date:

 



Record





Rule







Activity Plan





.0508(d)







Allergy Postings





.0901(f)







Feeding Schedule





.0902(a)







Menu





.0901(b)







SIDS Sleep Chart/Visual Check





.0606(a)(7)







 

(b)           A minimum of one year from the revision or

replacement date:

 



Record





Rule







Attendance





.0302(d)(3)







Daily Schedule





.0508(a)







Emergency Medical Care Plan





.0302(c)(3) and .0802(a)







Lockdown or Shelter-in-Place Drill Log





.0302(d)(8)







Emergency Preparedness and Response Plan





.0607(c);







Field Trip/Transportation

Permission





.2507(a) and .0512(b)(3)







Fire Drill Log





.0302(d)(5)







Evacuation plan for non -mobile children in Centers not

meeting institutional building code





.0604(p)







Incident Log





.0802(e)







Playground Inspection





.0605(n)







Safe Arrival and Departure Procedures





.1003(b)







 

(4)           All building, fire, sanitation and pool inspections

as referenced in G.S. 110-91, and Rules .0302 and .1403 of this Chapter shall

remain on file at the center for as long as the license remains valid.

(5)           Records may be maintained in a paper format or

electronically, except that records that require a signature of a staff person

or parent shall be maintained in a paper format.

(6)           All records required in this Chapter shall be

available for review by the Division.

 

History Note:        Authority G.S. 110-85; 110-91(9);

143B-168.3;

Eff. January 1, 1986;

Amended Eff. July 1, 2015; July 1, 2010; July 1, 2008.

 

SECTION .2400 ‑ CHILD

CARE FOR MILDLY ILL CHILDREN

 

10A NCAC 09 .2401          SCOPE

The regulations in this Section apply to all child care

centers offering short term care to children who are mildly ill and who would

otherwise be excluded from care as required by Rule .0804(a) of this

Subchapter.  Care may be provided as a component of a child care center that

provides child care to well children, or may be provided as a separate stand

alone program.  All rules in this Chapter shall apply except as provided in

this Section.

 

History Note:        Authority G.S. 110-88(11); 143B-168.3;

Eff. July 1, 1988;

Amended Eff. April

1, 2003; November 1, 1989.

 

10A NCAC 09 .2402          DEFINITIONS

(a)  "Child care for mildly ill children" is

defined as the care of children with short term illness, or symptoms of

illness, or short term disability as indicated in Rule .2404 of this Section,

who are not able to attend their regular school or child care arrangement due

to inability to participate in regular activities.

(b)  "Health care professional" is defined as:

(1)           a licensed physician;

(2)           the physician's authorized agent who is

currently approved by the North Carolina Medical Board, or comparable

certifying board in any state contiguous to North Carolina;

(3)           a certified nurse practitioner;

(4)           a nurse rostered with the Office of Public

Health Nursing and Professional Development as required by the Division of

Medical Assistance;

(5)           a registered nurse (RN); or

(6)           a certified physician assistant.

(c)  "Short term care" is defined as attending for

no more than three consecutive days, or for more than three consecutive days

with written permission from a physician which was obtained prior to the fourth

consecutive day of attendance.

 

History Note:        Authority G.S. 110-88(11); 143B-168.3;

Eff. April 1, 2003.

 

10A NCAC 09 .2403          SPECIAL PROVISIONS FOR LICENSURE

(a)  A center that enrolls mildly ill children as a

component of a child care center shall have approval for short term care for

mildly ill children indicated on their license.  A copy of the license shall be

posted in the area used by mildly ill children so that it is easily seen by the

public.

(b)  A center that enrolls mildly ill children as a

component of a child care center may admit mildly ill children only who

regularly attend the center.

(c)  A child care center operated as a separate stand alone

program shall be issued a license restricting services to short term care for

mildly ill children.

(d)  Any center that enrolls mildly ill children shall

develop written policies that contain the following:

(1)           Admission requirements;

(2)           Inclusion/Exclusion criteria;

(3)           Preadmission health assessment procedures;

and

(4)           Plans for staff training and communication

with parents and health care professionals.

These policies shall be reviewed by a child care health

consultant or other health care professional prior to licensure.

 

History Note:        Authority G.S. 110-88(11); 143B-168.3;

Eff. April 1, 2003.

 

10A NCAC 09 .2404          INCLUSION/EXCLUSION REQUIREMENTS

(a)  Centers may enroll mildly ill children over three

months of age who meet the following inclusion criteria:

(1)           Centers may enroll children with Level One

symptoms as follows:

(A)          children who meet the guidelines for attendance in

10A NCAC 09 .0804, except that they are unable to participate fully in routine

group activities and are in need of increased rest time or less vigorous

activities; or

(B)          children with fever controlled with medication of

101º or less axillary or 102° or less orally;

(2)           Centers may enroll children with Level Two

symptoms as follows:

(A)          inability to participate in much group activity

while requiring extra sleep, clear liquids, light meals, and passive activities

such as stories, videos or music, as determined by a health care professional;

(B)          fever controlled with medication of 103° maximum

orally, or 102° maximum axillary, with a

health care professional's written screening;

(C)          vomiting fewer than three times in any eight hour

period, without signs of dehydration;

(D)          diarrhea without signs of dehydration and without

blood or mucus in the stool, fewer than five times in any eight hour period; or

(E)           with written approval from a child's physician and

preadmission screening by an on-site health care professional prior to the

current day's attendance unless excluded by Subparagraphs (b)(1), (2), (3),

(4), (6), or (7) of this Rule.

(b)  Any child exhibiting the following symptoms shall be

excluded from any care:

(1)           temperature unresponsive to control

measures;

(2)           undiagnosed or unidentified rash;

(3)           respiratory distress as evidenced by an

increased respiratory rate and unresponsiveness to treatment, flaring nostrils,

labored breathing, or intercostal retractions;

(4)           major change in condition requiring further

care or evaluation;

(5)           contagious diseases required to be reported

to the health department, except as provided in Part (a)(2)(E) of this Rule;

(6)           other conditions as determined by a health

care professional or onsite administrator; or

(7)           mental status.

(c)  Once admitted, children shall be assessed and evaluated

at least every four hours, or more frequently if warranted based on medication

administration or medical treatment, to determine if symptoms continue to meet

inclusion criteria.

 

History Note:        Authority G.S. 110-88(11); 143B-168.3;

Eff. April 1, 2003;

Amended Eff. December 1, 2014.

 

10A NCAC 09 .2405          ADMISSION REQUIREMENTS

(a)  Written permission from a parent is required for

admission of a mildly ill child.  If a child is assessed to need care because

he or she is mildly ill, permission may be given by telephone and documented if

a child is to be moved from the well child component of the center to the

mildly ill area, as long as written permission is received prior to the second

day of attendance.

(b)  Each parent shall sign a statement which attests that a

copy of the policies described in Rule .2403(d) of this Section were given to

and discussed with him or her prior to a mildly ill child's attendance.

(c)  The onsite administrator or health care professional

shall have the authority to require a written medical evaluation for a child to

include diagnosis, treatment and prognosis, if such evaluation is necessary to

determine the appropriateness of a child's attendance prior to admission or

upon worsening of the child's symptoms.

(d)  A parent must remain on the premises until the

preadmission health assessment and individualized plan of care has been

completed by center staff who have completed the training described in Rule

.2408(a)(3), and the child has been approved for attendance.

(e)  No child shall be admitted unless staff who meet the

qualifications in Rule .2408 of this Section are on site and available to

provide care.

 

History Note:        Authority G.S. 110-88(11); 143B-168.3;

Eff. April 1, 2003.

 

10A NCAC 09 .2406          STAFF/CHILD RATIOS

The staff/child ratio and group size shall be determined

based on the age of the youngest child in the group and shall be as follows:



 

Age of Child





No. of Children





No. of Staff





Max. Group Size





No. of Staff







3 Months to 2 Years





3





1





6





2







2 to 5 Years





4





1





8





2







5 Years and older





5





1





10





2





 

History Note:        Authority G.S. 110-88(11); 143B-168.3;

Eff. April 1, 2003.

 

10A NCAC 09 .2407          SPACE REQUIREMENTS

(a)  There shall be at least 45 square feet of inside space

per child present at any one time. When space is measured the following will

not be included: closets, hallways, storage areas, kitchens, bathrooms, utility

areas, thresholds, foyers, space or rooms used for administrative activities or

space occupied by adult‑sized desks, cabinets, file cabinets, etc.; any

floor space occupied by or located under equipment, furniture, or materials not

used by children; and any floor space occupied by or located under built‑in

equipment or furniture. 

(b)  A center that enrolls mildly ill children as a

component of a child care center shall:

(1)           ensure that if the outdoor play area is

shared by both components, well and mildly ill children do not use the area at

the same time; and

(2)           ensure that the indoor area used by the

mildly ill children shall be physically separate, including a separate interior

or exterior entrance. 

(c)  An outdoor play area is not required for children who

are mildly ill.  If a child is in care for more than three consecutive days,

however, he or she must have the opportunity to go outside for appropriate play

or leisure activities.

 

History Note:        Authority G.S. 110-88(11); 143B-168.3;

Eff. April 1, 2003.

 

10A NCAC 09 .2408          STAFF QUALIFICATIONS

(a)  All staff working with the mildly ill children shall

complete all requirements in this Subchapter pertaining to preservice training,

inservice training and staff records.  In addition, the requirements for staff

who care for children with Level One symptoms as described in Rule .2404,

Paragraphs (a)(1)(A) and (B) of this Section shall be as follows:

(1)           Each group of children shall have a lead

teacher present who has the North Carolina Early Childhood Credential or its

equivalent prior to assuming care giving responsibilities.

(2)           Each group of children shall have a staff

person present who meets the requirements in 10A NCAC 09 .0705, Paragraphs (a),

(b), and (d).  This may or may not be the same individual referenced in

Subparagraph (a)(1) of this Rule.

(3)           In addition to staff orientation

requirements in Section .0700, prior to assuming care giving duties all

caregivers must complete 10 hours of training and demonstrate competency on how

to perform the following:

(A)          storage and administration of medication;

(B)          infection control procedures;

(C)          aspiration of nasal secretions;

(D)          positioning for sleeping and eating;

(E)           temperature and respiratory rate taking;

(F)           documentation of signs, symptoms, physical

appearance, intake and output, communication with family and physicians;

(G)          recognizing when to temporarily stop, increase, or

decrease oral intake;

(H)          recognizing signs and symptoms associated with the

increased severity of illness including behavioral changes, changes in bowel

movements, increased sluggishness, etc.;

(I)            developing individualized plans of care;

(J)            special dietary requirements and maintaining

hydration; and

(K)          emergency procedures, including notification of a

parent, should a child's condition worsen.

(4)           Any caregiver caring for a child whose

illness requires special knowledge, skills or equipment shall have appropriate

training and equipment when applicable prior to caring for the child.

(5)           Completion of the above training may count

toward meeting one year's annual on-going training requirements in Section

.0700 of this Subchapter.

(6)           When a center enrolls mildly ill children

as a component of a child care center, the administrator shall meet the education

requirements for administrators as required by G.S. 110-91(8).

(7)           In a center exclusively enrolling mildly

ill children, the administrator shall have a North Carolina Early Childhood

Administration Credential or equivalent prior to assuming administrative

duties.

(b)  In addition to the staffing requirements listed in

Subparagraphs (a)(1)-(5) of this Rule, if children with Level Two symptoms as

described in Parts (a)(2)(A) – (a)(2)(E) of Rule .2404 of this Section are in

care, the following number of medical staff shall be on site based upon the

total number of children in care.

No. of Children                    Type

of Medical Staff

1 to 10                                   At

least an RN, or a LPN with a health care professional in the immediate vicinity

10 to 20                                 At

least an RN

20 to 40                                 At

least an RN and an additional LPN

Each medical staff shall have at least one year of full-time

pediatric nursing experience, and may count in staff/child ratio. Medical staff

may also act as lead teachers if they have the North Carolina Early Childhood

Credential or equivalent.

 

History Note:        Authority G.S. 110-88(11); 143B-168.3;

Eff. April 1, 2003.

 

10A NCAC 09 .2409          CHILDREN'S RECORDS

(a)  In addition to all other children's records required in

G.S. 110 and this Chapter, the following shall be completed for the children

admitted to the mildly ill area:

(1)           Preadmission health assessment which includes

documentation of health status, current symptoms, baseline temperature and

respiratory rate, and any medications administered in the last 24 hours.

(2)           General admission information which includes

information about the child's typical behavior, activity level, patterns of

eating, sleeping and toileting.

(3)           An individualized plan of care describing how the

child's needs shall be met, based upon Parts (a)(1) and (a)(2) of this Rule,

shall be developed by the parent and a staff member who has completed training

described in Subparagraph (a)(3) of Rule .2408 of this Section.

(4)           A daily written record shall be maintained and a

copy given to parents of each child's eating, sleeping and toileting patterns;

medications administered; activity levels; changes in symptoms; and any

additional information that the provider deems relevant.

(b)  All records shall be on file in the mildly ill area

prior to attending.  If a child is enrolled in the well child care component of

a child care center, records may be maintained in the well child care area,

along with a copy of the child's enrollment application as required in Rule

.0801 of this Subchapter.  The records specified in Subparagraphs (a)(1) –

(a)(4) of this Rule shall be kept in the mildly ill area.

 

History Note:        Authority G.S. 110-88(11); 143B-168.3;

Eff. April 1, 2003.

 

10A NCAC 09 .2410          CHILDREN'S ACTIVITIES

(a)  Daily activities shall be provided in accordance with

Section .0500 of these Rules and in accordance with each child's individualized

plan of care.  Activity areas are not required, but developmentally appropriate

equipment and materials must be available daily for children in care.

(b)  Eating, toileting, sleeping, resting, and playing shall

be individually determined and flexible to allow each child to decide when and

whether to participate in available activities, and to nap or rest at any time.



(c)  Daily outdoor time shall be available for children with

Level One symptoms who are present more than three consecutive days unless

deemed inappropriate by the child's attending health care professional.

 

History Note:        Authority G.S. 110-88(11); 143B-168.3;

Eff. April 1, 2003.

 

10A NCAC 09 .2411          NUTRITION REQUIREMENTS

Meals and snacks shall be provided in accordance with

Section .0900 of this Subchapter unless a child's individualized plan of care

specifies otherwise.

 

History Note:        Authority G.S. 110-88(11); 143B-168.3;

Eff. April 1, 2003.

 

SECTION .2500 - CARE FOR SCHOOL-AGE CHILDREN

 

10A NCAC 09 .2501          SCOPE

The rules in this Section apply to all child care centers

offering care to three or more school-age children exclusively or as a

component of any other program.  All rules in this Chapter pertaining to care

for school-age children apply except as provided in this Section.

 

History Note:        Authority G.S. 110-85; 110-86(3); 110-91;

143B-168.3;

Eff. July 1, 1988;

Amended Eff. July 1, 2010; July 1, 2000; September 1,

1990.

 

10A NCAC 09 .2502          SPECIAL PROVISIONS FOR LICENSURE

A center providing care for school-age children exclusively

on a seasonal basis between May 15 and September 15 shall be licensed as a

summer day camp.  A track-out program that operates all four tracks for more

than four hours per day must be licensed.

 

History Note:        Authority G.S. 110-85; 110-88(1); 110-91;

143B-168.3;

Eff. July 1, 1988;

Amended Eff. July 1, 2010; July 1, 2000; September 1,

1990.

 

10A NCAC 09 .2503          BUILDING CODE REQUIREMENTS

(a)  Building code requirements adopted by reference in

Section .1300 of this Chapter apply for a facility providing care to school-age

children except in the following situations:

(1)           Any building which is approved for school

occupancy and which houses a public or private school during the school year

shall be considered an approved building to house a facility serving school-age

children exclusively.  The operator shall obtain and submit copies of all

applicable inspection reports to the Division.

(2)           For the purpose of carrying out the

provisions of G.S. 110-91(4) for summer day camps not covered by Subparagraph

(1) of this Rule, the following North Carolina Building Codes apply to the

structure described in Rule .2504(b) of this Section:

(A)          When the authorized capacity of the facility is less

than 30 children, the structure shall, meet the requirements for residential

occupancy as prescribed in the North Carolina Building Code.  Children may use

only those floors which have at least one grade level exit.

(B)          When the authorized capacity of the facility is more

than 29 children, but less than 100 children, the structure shall, meet the

North Carolina Building Code requirements for business occupancy.

(C)          When the authorized capacity of the facility is more

than 99 children, the structure shall, meet the North Carolina Building Code

requirements for assembly occupancy, or educational occupancy or institutional

occupancy.

(b)  A copy of the North Carolina Building Code is on file

at the Division of Child Development at the address given in Rule .0102 of this

Chapter and is available for public inspection during regular business hours.

 

History Note:        Authority G.S. 110-85; 110-88(2);

110-91(4); 143B-168.3;

Eff. July 1, 1988;

Amended Eff. July 1, 2010; September 1, 1990.

 

10A NCAC 09 .2504          SPACE REQUIREMENTS

(a)  All space requirements specified in Section .1400 apply

when a facility provides care for school-age children and any preschool child

is also in care, or when a program which provides care exclusively for

school-age children routinely operates indoors in a permanent structure for

more than 25 percent of each day.  A gymnasium or other single use room may be

included in the space measured for licensed capacity when used as primary

space.

(b)  A facility licensed as a summer day camp shall have a

permanent structure located at the home base which is the primary site of the

summer day camp activities.  The permanent structure may be a building or

permanent roofed shelter with overhang.  The summer day camp shall meet one of

the following space requirements:

(1)           When activities for children are routinely

conducted outdoors or off the premises for at least 75 percent of each day, a

minimum of 10 square feet per child of indoor space, exclusive of kitchens,

hallways, restrooms, closets, and storage areas, shall be provided.

(2)           When the camp's home base does not provide

10 square feet of primary space indoors, the camp shall provide notarized

copies of all letters, agreements, or contracts with other facilities to the

Division which guarantee that children will be accommodated comfortably indoors

in the event of inclement weather.

 

History Note:        Authority G.S. 110-85; 110-91(3),(6);

143B-168.3;

Eff. July 1, 1988;

Amended Eff. July 1, 2010; September 1, 1990.

 

10A NCAC 09 .2505          HEALTH REQUIREMENTS FOR CHILDREN

(a)  All requirements of Section .0800 of this Chapter apply

to school-age child care arrangements with the following exceptions:

(1)           A medical examination report is not

required for any child enrolled in a public school or private school as

described in G.S. 110-86(2)f.

(2)           Rule .0806 does not apply.

(3)           If a summer day camp maintains its master

records for children and staff in a central location, emergency information for

each staff person and child shall always be on site.  The emergency information

on site shall include the name and telephone numbers of the child's parent or

other responsible person, the child's or staff person's health care

professional or preferred hospital, any chronic illnesses and medication taken

for that illness, any allergy and recommended treatment for that allergy, and

any other information that has a direct bearing on medical treatment and safe

care.  The parent's signed permission to obtain medical attention must also be

on site with the child.

(b)  All requirements specified in Section .0900 of this

Chapter apply.

(c)  If food is prepared at the summer day camp, the rules

regarding sanitary facilities, food preparation and service for summer camps as

adopted by the Commission for Public Health and codified in 15A NCAC 18A .1000

apply.  If food is prepared at a licensed track-out program, the sanitation

requirements of child care centers must be met.

(d)  If food is brought from home by children or catered,

the following requirements apply:

(1)           Sanitary cold storage shall be provided for

perishable snacks or lunches brought from home.

(2)           Safe drinking water shall be available at

all times regardless of where activities are provided.

 

History Note:        Authority G.S. 110-85; 110-91(1), (2);

143B-168.3;

Eff. July 1, 1988;

Amended Eff. July 1, 2010; September 1, 1990.

 

10A NCAC 09 .2506          GENERAL SAFETY REQUIREMENTS

(a)  First aid equipment shall be available regardless of

where activities are provided.

(b)  All regulations in Rule .1403 of this Chapter regarding

swimming pools apply.

(c)  Potentially hazardous items, such as archery equipment,

hand and power tools, nails, chemicals, or propane stoves, shall be used by

children only when adult supervision is provided.  Such potentially hazardous

items, whether or not intended for use by the children, shall be stored in

locked areas or with other safeguards, or shall be removed from the premises.

(d)  All children shall be adequately supervised.  Adequate

supervision means staff shall be with the group of children and able to hear or

see each child in his or her care, except:

(1)           Children who are developmentally able may

be permitted to go to the restroom independently, provided that:

(A)          staff members' proximity to children assures

immediate intervention to safeguard a child from harm;

(B)          individuals who are not staff members may not enter

the restroom area while in use by any child; and

(C)          children up to nine years of age are supervised by

staff members who are able to hear the child.  Children nine years of age and

older are not required to be directly supervised, however, staff members shall

know the whereabouts of children who have left their group to use the restroom;

(2)           Adequate supervision for children nine

years of age and older means that staff are with the group of children and able

to hear or see each child in his or her care.  A staff member shall accompany

any children who leave the group to go indoors or outdoors; and

(3)           When emergencies necessitate that direct

supervision is impossible for brief periods of time.

(e)  Children riding bicycles must wear safety helmets.

 

History Note:        Authority G.S. 110-85; 110-91;

143B-168.3;

Eff. July 1, 1988;

Amended Eff. March 1, 2014; July 1, 2010; July 1, 1998;

September 1, 1990.

 

10A NCAC 09 .2507          OPERATING POLICIES

(a)  Written permission from parents shall be

obtained before transporting children on field trips or leaving the premises.

(b)  Blanket permissions from parents for

field trips or leaving the premises are acceptable only when a schedule of

activities to be conducted off the premises is posted in a conspicuous place

for review by parents and staff in advance on a weekly basis.  The schedule

shall include the location, purpose, time and date, person in charge, and

telephone number or method for contacting the person in charge.

(c)  Cots, beds, or mats with linens shall not

be required for school‑age children.  However, provision shall be made

for children who wish to rest or who are sick to rest in a comfortable place.

 

History Note:        Authority G.S. 110.91; 143B‑168.3;

Eff. July 1, 1988.

 

10A NCAC 09 .2508          AGE APPROPRIATE ACTIVITIES

(a)  Child care facilities which provide care to school-age

children shall provide a balance of teacher directed and free choice activities

appropriate to the age, needs and interests of the children.

(b)  Opportunities must be provided for children to

participate in the planning and the implementation of activities.

(c)  Facilities which operate a school-age component for

three or fewer hours per day shall make at least three of the following

activities available daily; those which operate a school-age component for more

than three hours per day shall make at least four of the following activities

available daily:

(1)           Career development activities;

(2)           Community awareness activities;

(3)           Creative arts activities;

(4)           Cultural activities;

(5)           Games or manipulatives;

(6)           Hands-on academic enrichment activities

including language, math, science, social studies, or foreign language

activities;

(7)           Health education or wellness activities;

(8)           Homework with assistance available as

needed from center personnel;

(9)           Reading activities;

(10)         Sand or water play;

(11)         Social skills, life skills or

problem-solving activities;

(12)         Structured or unstructured physical

activities; or

(13)         Technology skill-building activities.

(d)  All equipment and materials used by school-age children

shall be appropriate for the age and size of the children using the items.

(e)  When screen time, including, television, videos, video

games, and computer usage, is provided, it shall be:

(1)           Offered as a free choice activity;

(2)           Used to meet a developmental goal;

(3)           Limited to no more than two and a half

hours per week, per child; and

(4)           When children are in care for four hours or

less per day limited to a maximum of 30 minutes per child, per day.

Usage time periods may be extended for specific special

events, projects, or occasions such as a current event, homework, on-site

computer classes, researching topics, holiday, or birthday celebration.

 

History Note:        Authority G.S. 110-85; 110-91(6),(12);

143B-168.3;

Eff. July 1, 1988;

Amended Eff. July 1, 2010; October 1, 1991; September 1,

1990.

 

10A NCAC 09 .2509          ACTIVITIES: OFF PREMISES

(a)  The requirements of this Rule apply when

activities for children are routinely conducted outdoors or off the premises

for at least 75 percent of each day.

(b)  The facility shall develop a schedule of

activities which is posted in a conspicuous place in the home base or given to

the parents.

(c)  The schedule shall be current and shall

contain the information listed in Rule .2507(b).

(d)  Activities shall be planned to

accommodate a variety of individual interests and shall provide opportunities

for choice.

 

History Note:        Authority G.S. 110‑91(6), (12);

143B‑168.3;

Eff. July 1, 1988;

Amended Eff. September

1, 1990.

 

10A NCAC 09 .2510          STAFF QUALIFICATIONS

(a)  The individual who is responsible for ensuring the

administration of the program, whether on-site or off-site, shall:

(1)           Prior to employment, have at least 400

hours of verifiable experience working with school-age children in a licensed

child care program or 600 hours of verifiable experience working with

school-age children in an unlicensed school-age care or camp setting; or have

an undergraduate, graduate, or associate degree, with at least 12 semester

hours in school-age care related coursework; and

(2)           Meet the requirements for a child care

administrator in G.S. 110-91(8).

(b)  At least one individual who is responsible for planning

and ensuring the implementation of daily activities for a school-age program

(program coordinator) shall:

(1)           Be at least 18 years old and have a high

school diploma or its equivalent prior to employment;

(2)           Have completed two semester credit hours in

child and youth development and two semester credit hours in school-age

programming.  Each individual who does not meet this requirement shall enroll

in coursework within six months after becoming employed and shall complete this

coursework within 18 months of enrollment.  An individual who meets the staff

requirements for administrator or lead teacher shall be considered as meeting

the requirements for program coordinator, provided the individual completes

Basic School-Age Care (BSAC) training, or its equivalent; and

(3)           In a part day program be on site when

children are in care.  For a full day program, the program coordinator must be

on site for two thirds of the hours of operation.  This includes times when the

individual is off site due to illness or vacation.

(c)  Staff who are responsible for supervising groups of school-age

children (group leaders) shall be at least 18 years of age and have a high

school diploma or its equivalent prior to employment, and shall complete the

BSAC training, or its equivalent.

(d)  Staff who assist group leaders (assistant group

leaders) shall be at least 16 years of age and shall complete the BSAC

training, or its equivalent.

(e)  The individual who is on-site and responsible for the

administration of the school-age component of a center which also provides care

to preschool-age children, shall meet the requirements for child care

administrator in G.S. 110-91(8) and Section .0700 of this Chapter.

(f)  When an individual has responsibility for both

administering the program and planning and ensuring the implementation of the

daily activities of a school-age program, the individual shall meet the staff

requirements for an administrator and shall complete the BSAC training, or its

equivalent.

(g)  Completion of the BSAC training course, or its

equivalent, counts toward meeting five hours of one year's annual on-going

training requirements in Section .0700 of this Chapter.

(h)  As used in this Rule, the term "experience working

with school-age children" means experience working with school-age

children as an administrator, program coordinator, group leader, assistant

group leader, lead teacher, teacher, or aide.

(i)  All staff shall receive on-site training and

orientation as follows:

(1)           Within the first two weeks of assuming

responsibility for supervising a group of children, each employee shall

complete at least six clock hours of training on:

(A)          the recognition of the signs and symptoms of child

abuse or neglect and in the employee's duty to report suspected abuse and

neglect;

(B)          the center's operational policies;

(C)          adequate supervision of children, taking into

account their age, emotional, physical, and cognitive development; and

(2)           Within the first six weeks of assuming

responsibility for supervising a group of children, each employee shall

complete at least three additional clock hours of training on maintaining a

safe and healthy environment and developmentally appropriate activities for

school-age children.

(j)  Staff in part-time, full day, or track-out school-age

care programs required to complete BSAC training or its equivalent, shall do so

within three months of becoming employed.  Staff in summer day camp programs

required to complete BSAC training or its equivalent, shall do so within four

weeks of becoming employed.

 

History Note:        Authority G.S. 110-85; 110-91(8),(11);

143B-168.3;

Eff. July 1, 1988;

Amended Eff. August 1, 2010; November 1, 2007; July 1,

2000; July 1, 1998; January 1, 1992; September 1, 1990.

 

10A NCAC 09 .2511          OTHER STAFF REQUIREMENTS

 

History Note:        Authority G.S. 110‑91(8),(11); 143B‑168.3;

Eff. September 1, 1990;

Repealed Eff. July 1, 2008.

 

SECTION .2600 – Child care for children who are medically

fragile

 

10A NCAC 09 .2601          SCOPE

10A NCAC 09 .2602          DEFINITIONS

10A NCAC 09 .2603          SPECIAL PROVISIONS FOR LICENSURE

10A NCAC 09 .2604          OPERATIONAL POLICIES

10A NCAC 09 .2605          STAFF/CHILD RATIOS

10a NCAC 09 .2606          SPACE REQUIREMENTS

10A NCAC 09 .2607          STAFF QUALIFICATIONS

 

History Note:        Authority G.S. 110‑88(13); 110-91;

Eff. October 1, 2005;

Pursuant to G.S. 150B-21.3A, rule Expired June 1, 2015.

 

10A NCAC 09 .2608          CHILDREN'S PLAN OF CARE

 

History Note:        Authority G.S. 110-88(13);

Eff. November 1, 2005

Pursuant to G.S. 150B-21.3A, rule Expired June 1, 2015.

 

10A NCAC 09 .2609          NUTRITION REQUIREMENTS

10A NCAC 09 .2610          TRANSPORTATION

 

History Note:        Authority G.S. 110-88(13); 110-91;

Eff. October 1, 2005;

Pursuant to G.S. 150B-21.3A, rules Expired June 1, 2015.

 

10A NCAC 09 .2611 – reserved for future codification

 

10A NCAC 09 .2612 – reserved for future codification

 

SECTION .2700 - CRIMINAL RECORDS CHECKS

 

10A NCAC 09 .2701          SCOPE

The rules in this Section apply to all child care providers

as defined in G.S.110-90.2.  The Division, in accordance with G.S.110-90.2,

shall determine if an individual is a qualified child care provider.  An

individual may work or be present in any child care facility during the time

the individual holds a valid qualification letter after the Division's

determination that the individual is a qualified child care provider.

 

History Note:        Authority G.S. 110-85; 110-90.2;

Eff. March 1, 2014.

 

10A NCAC 09 .2702          DEFINITIONS

For purposes of this Section:

(1)           a "qualified child care provider" means

an individual who the Division has determined is fit to have responsibility for

the safety and well-being of children based on the criminal history as set

forth in G.S. 110-90.2.

(2)           a "disqualified child care provider"

means an individual who:

(a)           the Division has determined is not fit to

have responsibility for the safety and well-being of children based on the

criminal history in accordance with G.S. 110-90.2(a)(3);

(b)           is classified within the prohibited list

provided in G.S. 110-90.2(a1);

(c)           the Division determines to be an habitually

excessive user of alcohol, who illegally uses narcotic or other impairing

drugs, or who is mentally or emotionally impaired to an extent that may be

injurious to children;

(d)           refuses to consent to a criminal history

record check; or

(e)           intentionally falsifies any information

required to conduct a criminal history record check.

(3)           a "qualification letter" or "qualifying

letter" means the letter issued by the Division notifying an individual

that he or she is a qualified child care provider;

(4)           a "conviction" includes when a plea of

guilty or no contest is accepted by the trial court, or entry of an order

granting a prayer for judgment continued; and

(5)           a "pending criminal charge" includes, but

is not limited to, a charge that has been deferred pursuant to G.S.

15A-1341(a1).

 

History Note:        Authority G.S. 110-85; 110-90.2; 110-90.2(a)(3);

114-19.5; 143B-168.3; S.L. 1995, c. 507, s. 23.25;

Temporary Adoption Eff. January 1, 1996;

Eff. April 1, 1997;

Amended Eff. March 1, 2014; November 1, 2007; April 1,

2003.

 

10A NCAC 09 .2703          CRIMINAL

HISTORY RECORD CHECK REQUIREMENTS FOR CHILD CARE PROVIDERS

(a)  In addition to the requirements in Rules .0302 and .1702

of this Chapter, a child care provider shall submit the following to the

Division prior to the issuance of a license or prior to beginning employment:

(1)           a signed and completed Authority for

Release of Information form;

(2)           fingerprint impressions submitted on the

form(s) required by the Division and State Bureau of Investigation; and

(3)           if a child care provider is an out-of-state

resident, he or she shall also submit a certified local history from the Clerk

of Superior Court in his or her county of residence.

All required forms can be found on the Division's website at

http://ncchildcare.dhhs.state.nc.us/general/dhhscrc_childcare.asp.

(b)  If the child care provider has a criminal history of

convictions, pending indictment of a crime, or pending criminal charges, he or

she may submit to the Division additional information concerning the conviction

or charges that  the Division shall use in making the determination of the child

care provider's qualification.  The Division shall also consider the following

in making its decision:

(1)           length of time since conviction;

(2)           whether the child care provider is

currently on probation;

(3)           nature of the offense;

(4)           circumstances surrounding the commission of

the offense or offenses;

(5)           evidence of rehabilitation;

(6)           number and type of prior offenses; and

(7)           age of the child care provider at the time

of occurrence.

(c)  If the child care provider is a firm, partnership,

association, or corporation, the chief executive officer or other person

serving in like capacity or a person designated by the chief executive officer

as responsible for the operation of the facility, shall complete the criminal

history record check as specified in Paragraph (a) of this Rule.

(d)  If a Letter of Intent to Operate pursuant to G.S.

110-106 is submitted to the Division, the person signing the Letter of Intent

shall submit all forms as required in Paragraph (a) of this Rule.

(e)  Child care providers must have a valid qualification

letter prior to employment or living in the family child care home and the

qualification letter must be kept on file at the facility for review by

representatives of the Division.

(f)  Child care providers found to be disqualified are not

eligible for employment in child care until a qualification letter has been

issued by the Division.

(g)  Child care providers determined by the Division to be

disqualified shall be terminated by the center or family child care home

immediately upon receipt of the disqualification notice.

(h)  Disqualification of a child care provider living in a

family child care home shall be grounds for issuance of a summary suspension of

the family child care home license in accordance with 10A NCAC 09 .2207.

(i)  Refusal on the part of the employer to dismiss a child

care provider who has been found to be disqualified shall be grounds for

suspension, denial, or revocation of the license or any other administrative

action or civil penalty permitted by law or rule.  If an applicant appeals the

disqualification, the child care provider shall not be employed during the

appeal process.

(j)  Operators, as defined by G.S. 110-86(7), shall include

the criminal history mandatory reporting requirement in all new employee

orientation information.  Mandatory reporting requires all child care providers

and household members who have incurred any pending charges, indictments or

convictions (other than minor traffic offenses) since the last qualification

letter was issued by the Division to notify the operator of such charges within

five business days or before returning to work, whichever comes first.  The

operator shall notify the Division of any such pending charges, indictments or

convictions within one business day of being notified.

(k)  The qualification letter is valid for a maximum of

three years from the date of issuance.

(l)  Prior to the expiration date of the qualification

letter, the child care provider shall complete and submit the forms listed in

Paragraph (a) of this Rule.

(m)  After a child care provider has been qualified, the

Division may complete a new criminal history record check at any time when the

Department of Social Services or the Division of Child Development and Early

Education conducts an investigation that references the child care provider.

(n)  Any individuals who live in the household who have had

their 16th birthday after the initial licensing of a family child

care home, shall complete and submit the forms listed in Paragraph (a) of this

Rule to the Division within five business days.

(o)  Child care operators must notify the Division of any

new child care providers who are hired or moved into the home within five

business days by submitting the form provided by the Division.

 

History Note:        Authority G.S. 110-85; 110-86(7); 110-90.2;

110-90.2(a); 110-106; 114-19.5; 143B-168.3; S.L. 2012-160, s.1;

Temporary Adoption Eff. January 1, 1996;

Eff. April 1, 1997;

Amended Eff. March 1, 2014; November 1, 2007.

 

10A NCAC 09 .2704          CRIMINAL

History RECORD CHECK REQUIREMENTS FOR NONLICENSED ChILD CARE PROVIDERS

(a)  A nonlicensed child care provider shall submit the

following to the local purchasing agency prior to caring for children and

receiving subsidy payments:

(1)           a signed Authority for Release of

Information using the form provided by the Division;

(2)           fingerprint impressions submitted on the

form(s) required by the Division and State Bureau of Investigation; and

(3)           if a prospective child care provider is an

out-of-state resident, he or she shall also submit a certified local history

from the Clerk of Superior Court in his or her county of residence.

This Rule applies to any individuals over 15 years old who

move into the household, or any individuals who live in the household who have

had his or her 16th birthday after the initial approval, including

family members and non-family members who use the home either on a permanent or

temporary basis as their primary residence.  The individual shall submit the items

in this Paragraph to the local purchasing agency within five business days of

moving into the home or their 16th birthday.

(b)  New nonlicensed child care providers shall submit the

complete and accurate packet no later than five business days after applying

for enrollment as a nonlicensed child care provider of subsidized child care.  If

more than three years have elapsed since the criminal history record check has

been completed and subsidy funds were not received, then a new criminal history

record check must be submitted by the nonlicensed child care provider and any

household member over 15 years old.

(c)  Any individual over 15 years old, including family

members and non-family members who use the home either on a permanent or

temporary basis as their primary residence, shall submit all criminal history record

check forms as required in Subparagraphs (a)(1) and (a)(2) of this Rule, within

five business days of joining the household.

(d)  If a nonlicensed child care provider has a criminal

history of convictions, pending indictment of a crime, or pending criminal

charges, he or she may submit to the Division additional information concerning

the conviction or charges that could be used by the Division in making the

determination of the child care provider's qualification. The Division shall consider

the following in making a decision:

(1)           length of time since conviction;

(2)           whether the nonlicensed child care provider

is currently on probation;

(3)           nature of the offense;

(4)           circumstances surrounding the commission of

the offense or offenses;

(5)           evidence of rehabilitation;

(6)           number and type of prior offenses; and

(7)           age of the nonlicensed child care provider at

the time of occurrence.

(e)  The local purchasing agency shall mail the Authority

for Release of Information using the form provided by the Division, and fingerprint

impressions to the Division no later than five business days after receipt.  A

copy of the submitted information shall be maintained in the nonlicensed child

care provider's file until the notice of qualification is received by the

nonlicensed child care provider.  The notice of qualification shall be

maintained in the nonlicensed child care provider's file. The local purchasing

agency shall keep the child care provider's file.

(f)  A nonlicensed child care provider shall not receive

payment during the period in which the state and federal criminal history record

check is being completed.

(g)  Disqualification of a nonlicensed child care provider

by the Division shall be reasonable cause for the local purchasing agency to

deny payment.

(h)  If a nonlicensed child care provider disagrees with the

decision of disqualification and files a civil action in district court, the

provider may continue to operate as a nonlicensed child care provider, but

shall not receive payment during the proceedings. If the determination in the

civil action is that the nonlicensed child care provider is qualified, the

nonlicensed provider shall receive retroactive payment for the uncompensated care

provided during the proceedings.

(i)  After a nonlicensed child care provider is qualified,

the Division may complete a new criminal history record check at any time when the

Department of Social Services or the Division of Child Development and Early

Education conducts an investigation that references the child care provider. 

If the Division requests a new criminal history record check, the child care

provider shall complete and submit the forms listed in Paragraph (a) of this

Rule to the Division within five business days of the Division's request.

(j)  The qualification letter is valid for a maximum of

three years from the date of issuance.

(k)  Prior to the expiration date of the qualification

letter, the nonlicensed child care provider shall complete and submit the forms

described in Paragraph (a) of this Rule.

(l)  Nonlicensed child care providers and household members must

have a valid qualification letter prior to receiving subsidy payments.

 

History Note:        Authority G.S. 110-90.2; 114-19.5;

143B-168.3; S.L. 2012-160, s. 1;

Temporary Adoption Eff. January 1, 1996;

Eff. April 1, 1997;

Amended Eff. March 1, 2014; December 1, 2007; April 1,

2003.

 

SECTION .2800 - VOLUNTARY RATED LICENSES

 

10A NCAC 09 .2801          SCOPE

(a)  This Section applies to all child care facilities that

have achieved a voluntary rated license of two stars or higher or that apply to

be assessed for a voluntary rated license of two stars or higher.

(b)  A child care facility is eligible for a voluntary rated

license of two through five stars.

(c)  No requirement in any component of a two-star or higher

rating shall be less than the requirements for a one-star rating described in

G.S. 110-91 and this Chapter.  Prior to issuance of an initial two through

five-star rating, all requirements in G.S. 110-91 and this Chapter must be in

compliance at the time the program is assessed.  The requirements for a

voluntary rated license of two stars or higher are in addition to the standards

found in G.S. 110-91 and this Chapter.

(d)  Nothing in this Section precludes or interferes with

issuance of an administrative action as allowed by G.S. 110 and this Chapter.

(e)  As used in this Section a two component license refers

to a license issued based on an evaluation of program standards and education

standards.

 

History Note:        Authority G.S. 110-85; 110-88(7);

110-90(4); 143B-168.3;

Eff. April 1, 1999;

Amended Eff. July 1, 2010; May 1, 2006.

 

10A NCAC 09 .2802          APPLICATION FOR A VOLUNTARY RATED

LICENSE

(a)  After a licensed child care center or home has been in

operation for a minimum of six consecutive months, the procedures in this Rule

apply to request an initial two- through five-star rated license or to request

that a rating be changed to a two- through five-star rated license.

(b)  The operator shall submit a completed application to

the Division for a voluntary rated license on the form provided by the

Division.

(c)  An operator may apply for a star rating based on the

total number of points achieved for each component of the voluntary rated

license.  In order to achieve a two- through five-star rating, for a two

component license the minimum score achieved must be a least four points as

follows:

 

TOTAL NUMBER OF POINTS                                        RATING

4 through 6                                                                           Two

Stars

7 through 9                                                                           Three

Stars

10 through 12                                                                       Four

Stars

13 through 15                                                                       Five

Stars

 

(d)  Facilities with a four or five-star rated license that

are licensed to serve four-year-old children must implement a curriculum as

defined in 10A NCAC 09 .0102 with their four year olds.  This requirement must

be met in any licensed child care facility.

(e)  A Division representative shall assess the facility

requesting a voluntary rated license to determine if all applicable

requirements have been met to achieve the score for the requested star rating.  The

assessment may include a review of Division records and site visits.

(f)  The Division shall provide for Infant/Toddler

Environment Rating Scale Revised Edition, Early Childhood Environment Rating

Scale - Revised Edition, School-Age Care Environment Rating Scale, or Family

Child Care Environment Rating Scale - Revised Edition assessments to be

completed, as appropriate for the program, free of charge to operators

requesting an initial three or more points for program standards.

(g)  Upon completion of the Division's assessment:

(1)           If the assessment indicates all the

applicable requirements to achieve the score for the requested rating have been

met, the Division shall issue the rating.

(2)           If the assessment indicates all the

applicable requirements to achieve the score for the requested rating are not

met, the Division shall notify the operator of the requirements that were not

met and the requested voluntary rating shall not be issued.  The operator may:

(A)          Accept the rating for which the Division has found

the operator to be eligible;

(B)          Withdraw the request and reapply when the identified

requirements to achieve the score for the requested rating have been met; or

(C)          Appeal the denial of the requested rating as

provided in G.S. 110-94.

 

History Note:        Authority G.S. 110-85; 110-88(7);

110-90(4); 143B-168.3; S.L. 2011-145, s.10.7(b);

Eff. April 1, 1999;

Amended Eff. September 1, 2012; July 1, 2010; May 1,

2006.

 

10A NCAC 09 .2803          PROGRAM

STANDARDS FOR A THREE COMPONENT RATED LICENSE FOR CHILD CARE CENTERS

 

History Note:        Authority G.S. 110-88(7); 110-90(4);

143B-168.3;

Eff. April 1, 1999;

Amended Eff. May 1, 2006; January 1, 2006;

Repealed Eff. July 1, 2010.

 

10A NCAC 09 .2804          Administrative Policies

Centers seeking two or more points for program standards

shall have administrative policies and practices which provide for selection

and training of staff; communication with and opportunities for participation by

parents; operational and fiscal management; and objective evaluation of the

program, management and staff in accordance with the rules of this Section.

 

History Note:        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, 2006.

 

10A NCAC 09 .2805          OPERATIONAL AND PERSONNEL POLICIES

(a)  Each center shall have written policies which describe

the operation of the center and the services which 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)           age range of children served;

(3)           admission requirements and enrollment

procedures;

(4)           parent fees and payment plan;

(5)           information about services provided by the

center, i.e. number of meals served, before/after school care, 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.

(b)  Operational policies shall be discussed with parents at

the time they inquire about enrolling their child in the center.  A copy of the

policies shall be given to the parents when their child is enrolled and they

shall be notified in writing of any changes.

(c)  Copies of operational policies and any

subsequent changes to those policies shall be distributed to the staff.

(d)  Each center in which more than two staff

are required to meet the enhanced standards for staff/child ratios shall have

written personnel policy which includes at least the following information:

(1)           job descriptions for each

position;

(2)           minimum qualifications for

each position including reference checks;

(3)           health and medical

requirements;

(4)           requirements and provisions

for in-service training;

(5)           provisions for leave time

and other absence;

(6)           procedures for on‑going

supervision and regular evaluation of work performance; and

(7)           resignation and termination

procedures.

(e)  Personnel policies shall be discussed

with each employee at the time of employment and a copy of the policies shall

be available to all staff.  Staff shall be notified in writing of any changes

in personnel policies.

(f)  In addition to all records required in Rule .0302(d) of

this Chapter, each employee's personnel file shall contain an annual staff

evaluation and staff development plan.

(g)  All personnel files of employees hired after April 1,

1999 shall also contain:

(1)           a signed and dated statement verifying that

the employee received a copy of his/her job description(s) and has reviewed the

personnel and operational policies; and

(2)           documentation that information concerning

the enhanced standards was included during the employee's orientation.

 

History Note:        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 .1602;

Amended Eff. May 1, 2006.

 

10A NCAC 09 .2806          CAREGIVING ACTIVITIES FOR

PRESCHOOL-AGED CHILDREN

(a)  Each center shall comply with the requirements in Rule

.0508 of this Chapter for written activity schedules and plans, and in Rule

.0509 of this Chapter for general activity requirements.

(b)  Each center providing care to preschool-age children

aged two years old or older shall comply with the requirements for activity

areas for preschool-age children in Rule .0510 of this Chapter, except that all

five of the activity areas listed in G.S. 110-91(12) shall be available each

day and the activities listed in Rule .0510(6) of this Chapter shall be offered

for each group of children at least once per week.

(c)  The requirements for activities for infants and

toddlers set forth in Rule .0511 of this Chapter shall apply for children under

two years of age.

 

History Note:        Authority G.S. 110-85; 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 .1612;

Amended Eff. May 1, 2013; May 1, 2006.

 

10A NCAC 09 .2807          PARENT PARTICIPATION

(a)  Each center shall have a plan which will

encourage parent participation and inform parents about the program and its

services.  The plan shall be discussed with parents at the time the child is

enrolled and shall be posted in the center or a copy shall be given to parents

at the time of enrollment.

(b)  The plan shall include the following:

(1)           a procedure for registering

a child for child care which involves both parents when possible and which

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 which 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.

 

History Note:        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 .1613;

Amended Eff. May 1, 2006.

 

10A NCAC 09 .2808          NIGHT CARE

(a)  A variety of activities and experiences 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

must be flexible and individually planned.

(c)  When possible, children shall be left for care and

picked up before and after their normal sleeping period so that there is

minimal disturbance of the child during sleep.

 

History Note:        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.

 

10A NCAC 09 .2809          SPACE REQUIREMENTS

(a)  There shall be at least 30 square feet inside space per

child per the total licensed capacity and 100 square feet outside space per the

total licensed capacity.  Or, there shall be at least 35 square feet inside space

per child per the total licensed capacity and 100 square feet outside space per

child for at least 50 percent of the total licensed capacity.

(b)  There must be an area which can be arranged for

administrative and private conference activities.

 

History Note:        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 .1604;

Amended Eff. May 1, 2006.

 

10A NCAC 09 .2810          STAFF/CHILD RATIOS FOR A THREE

COMPONENT RATED LICENSE

10A NCAC 09 .2811          EDUCATION

STANDARDS FOR A RATED LICENSE FOR CHILD CARE CENTERS

 

History Note:        Authority G.S. 110-88(7); 110-90(4); 143B-168.3;

Eff. April 1, 1999;

Amended Eff. January 1, 2006; July 1, 2000;

Prior to amendment of May 1, 2006 this language was

located in Rule .1606 and .2803 (Rule .2810);

Recodified from Rule .2804 Eff. May 1, 2006 (Rule .2811);

Amended Eff. May 1, 2006;

Repealed Eff. July 1, 2010.

 

10A NCAC 09 .2812          EDUCATION

STANDARDS FOR CENTERS THAT PROVIDE CARE ONLY TO SCHOOL-AGED CHILDREN

 

History Note:        Authority G.S. 110-88(7); 110-90(4);

110-91; 143B-168;

Eff. July 1, 2000;

Recodified from Rule .2811 Eff. May 1, 2006;

Repealed Eff. July 1, 2010.

 

10A NCAC 09 .2813          COMPLIANCE

HISTORY STANDARDS FOR A RATED LICENSE FOR CHILD CARE CENTERS

10A NCAC 09 .2814          PROGRAM

STANDARDS FOR A RATED LICENSE FOR FAMILY CHILD CARE HOMES

10A NCAC 09 .2815          EDUCATION

STANDARDS FOR A RATED LICENSE FOR FAMILY CHILD CARE HOMES

10A NCAC 09 .2816          COMPLIANCE

HISTORY STANDARDS FOR A RATED LICENSE FOR FAMILY CHILD CARE HOMES

 

History Note:        Authority G.S. 110-88(7); 110-90(4);

143B-168.3;

Eff. April 1, 1999;

Amended Eff. April 1, 2003;

Recodified from Rule .2805 Eff. May 1, 2006 (Rule .2813);

Recodified from Rule .2806 Eff. May 1, 2006 (Rule .2814);

Recodified from Rule .2807 Eff. May 1, 2006 (Rule .2815);

Recodified from Rule .2808 Eff. May 1, 2006 (Rule .2816);

Repealed Eff. July 1, 2010.

 

10A NCAC 09 .2817          PROGRAM STANDARDS FOR A TWO COMPONeNT

RATED LICENSE FOR CHILD CARE CENTERS

(a)  This Rule applies to evaluating the program standards

for a two component rated license for child care centers.

(b)  To achieve two points for program standards, the center

shall meet all the applicable requirements in Rules .2804 - .2808 of this

Section, and either the staff/child ratio requirements in Rule .2818(b) or the

space requirements in Rule .2809 of this Section shall be met.

(c)  To achieve three points for program standards, the

center shall meet all the applicable requirements in Rules .2804 -.2808 and

either the staff/child ratio requirements in Rule .2818(b) or the space

requirements in Rule .2809 of this Section shall be met, and have an average

score of 4.0 on the appropriate environment rating scale referenced in Rule

.2802(e) of this Section in each classroom evaluated.

(d)  To achieve four points for program standards, the

center shall meet all the applicable requirements in Rules .2804 - .2808 and .2818(b)

of this Section, and have an average combined score of 4.5, with no one

classroom score lower than 4.0 on the appropriate environment rating scale

referenced in Rule .2802(e) of this Section for all classrooms evaluated.

(e)  To achieve five points for program standards, the

center shall meet all the applicable requirements in Rules .2804 – .2808 and .2818(b)

of this Section, and have an average combined score of 4.75, with no one

classroom score lower than 4.0, on the appropriate environment rating scale

referenced in Rule .2802(e) of this Section for all classrooms evaluated.

(f)  To achieve six points for program standards, the center

shall meet all the applicable requirements in Rules .2804 - .2809 and .2818(b) of

this Section, and have an average combined score of 5.0, with no one classroom

score lower than 4.0 on the appropriate environment rating scale referenced in

Rule .2802(e) of this Section for all classrooms evaluated.

(g)  To achieve seven points for program standards, the center

shall meet all the applicable requirements in Rules .2804 - .2809 and .2818(c) of

this Section, and have an average score of 5.0 on the appropriate environment

rating scale referenced in Rule .2802(e) of this Section in each classroom

evaluated.

(h)  For centers with a licensed capacity of 3 to 12

children located in a residence, a Family Day Care Rating Scale shall be the

rating scale used in Paragraphs (c), (d), (e), (f) and (g) of this Rule.

 

History Note:        Authority G.S. 110-88(7); 110-90(4); 143B-168.3;

Eff. May 1, 2006.

 

10A NCAC 09 .2818          STAFF/CHILD RATIOS FOR A TWO COMPONeNT

RATED LICENSE FOR CHILD CARE CENTERS

(a)  This Rule applies to evaluating the staff/child ratios and

maximum group sizes for a two component rated license for child care centers.

(b)  The center shall comply with the following staff-child

ratios and maximum group sizes.

 

                                                                                                                                                     

MAXIMUM

AGE                                                       RATIO

STAFF/CHILDREN                                  GROUP SIZE

0 to 12 Months                                                    1/5                                                                          10

1 to 2 Years                                                          1/6                                                                          12

2 to 3 Years                                                          1/9                                                                          18

3 to 4 Years                                                          1/10                                                                        20

4 to 5 Years                                                          1/13                                                                        25

5 to 6 Years                                                          1/15                                                                        25

6 Years and Older                                                1/20                                                                        25

 

(c)  To earn seven points for program standards, the center

shall comply with the following staff-child ratios and maximum group sizes.

 

      MAXIMUM

AGE                                                       RATIO

STAFF/CHILDREN                                   GROUP SIZE

0 to 12 Months                                                    1/4                                                                          8

1 to 2 Years                                                          1/5                                                                          10

2 to 3 Years                                                          1/8                                                                          16

3 to 4 Years                                                          1/9                                                                          18

4 to 5 Years                                                          1/12                                                                        24

5 to 6 Years                                                          1/14                                                                        25

6 Years and Older                                                1/19                                                                        25

 

(d)  The provisions of rules 10A NCAC 09 .0712(a)(1), (2)

and .0713(b) through (j) shall apply in evaluating the staff/child ratios and

maximum group sizes within this Rule.

(e)  The staff/child ratio applicable to a classroom shall

be posted in that classroom in an area that parents are able to view at all

times.

 

History Note:        Authority G.S. 110‑88(7); 143B‑168.3;

Eff. May 1, 2006.

 

10A NCAC 09 .2819          EDUCATION STANDARDS FOR On-Site

Administrators for A RATED LICENSE FOR CHILD CARE CENTERS

(a)  This Rule applies to evaluating the education standards

for an on-site administrator for child care centers.  The points for education

standards are determined by applying this Rule along with Rules .2820, .2821,

.2822 and .2823 of this Section.  To determine the points attained for meeting

the education standards, the lowest number of points attained under each Rule

shall be the point used to meet Rule .2802 of this Section.

(b)  To achieve two points, the on-site administrator shall

have:

(1)           A Level I North Carolina Early Childhood

Administration Credential or its equivalent; and

(2)           Two years of full-time verifiable early

childhood work experience, or one year experience in child care administration;

and

(3)           If providing school-age care, 150 hours of

verifiable experience working with school-aged children in a licensed child

care program; or 300 hours of verifiable experience working with school-aged

children in an unlicensed school-age care or camp setting; or shall complete

the BSAC Training or its equivalent.  Completion of these requirements shall count

toward meeting experience requirements in Subparagraph (2) of this Paragraph.

(c)  To achieve three points, the on-site administrator

shall have:

(1)           A Level I North Carolina Early Childhood

Administration Credential or its equivalent; and

(2)           Six semester hours in early childhood

education or child development (not including North Carolina Early Childhood

Administration Credential coursework); and either

(A)          Two years of full-time verifiable early childhood

work experience; or

(B)          One year of experience in child care administration;

and

(3)           If providing school-age care, 300 hours of

verifiable experience working with school-aged children in a licensed child

care program; or 450 hours of verifiable experience working with school-aged

children in an unlicensed school-age care or camp setting; or shall have

completed the BSAC Training or its equivalent.  Completion of these

requirements may count toward meeting experience requirements in Subparagraphs

(2)(A) and (B) of this Paragraph.

(d)  To achieve four points, the on-site administrator shall

have:

(1)           A Level I North Carolina Early Childhood

Administration Credential or its equivalent; and either

(A)          18 semester hours in early childhood education or

child development (not including North Carolina Early Childhood Administration

Credential coursework) and one year of experience in child care administration;

or

(B)          Six semester hours in early childhood education or

child development (not including North Carolina Early Childhood Administration

Credential coursework), and 10 years of experience in child care

administration; and

(2)           If providing school-age care, 450 hours of

verifiable experience working with school-aged children in licensed child care

program; or 600 hours of verifiable experience working with school-aged children

in an unlicensed school-age care or camp setting; or shall have completed the

BSAC Training or its equivalent. Completion of these requirements may count

toward meeting experience requirements in Subparagraphs (1)(A) and (B) of this

Paragraph.

(e)  To achieve five points, the on-site administrator shall

have:

(1)           A Level II North Carolina Early Childhood

Administration Credential or its equivalent; and

(2)           Two years of full-time verifiable early

childhood work experience; and

(3)           If providing school-age care, 600 hours of

verifiable experience working with school-aged children in a licensed child

care program; or 900 hours of  verifiable experience working with school-aged

children in an unlicensed school-age care or camp setting, or shall have

completed the BSAC training or its equivalent.  Completion of these

requirements may count toward meeting experience requirements in Subparagraph

(2) of this Paragraph.

(f)  To achieve six points, the on-site administrator shall

have:

(1)           A Level II North Carolina Early Childhood

Administration Credential or its equivalent; and

(2)           18 semester hours in early childhood

education or child development (not including the North Carolina Early

Childhood Administration Credential coursework or hours earned during the

completion of the A.A.S degree); and either

(A)          Three years of full-time verifiable work experience

in an early childhood center teaching young children; or

(B)          Three years of administrative experience; or

(C)          Three years of a combination of both; and

(3)           If providing school-age care, 750 hours of

verifiable experience working with school-aged children in a licensed child

care program; or 1150 hours of verifiable experience working with school-aged

children in an unlicensed school-age care or camp setting; or shall have

completed the BSAC training or its equivalent.  Completion of these

requirements may count toward meeting experience requirements in Subparagraphs

(2)(A) and (B) of this Paragraph.

(g)  To achieve seven points, the on-site administrator

shall:

(1)           Have a Level III North Carolina Early

Childhood Administration Credential or its equivalent; and

(2)           Either:

(A)          Four years of full-time verifiable work experience

in an early childhood center teaching young children; or

(B)          Four years of administrative experience; or

(C)          Four years of a combination of both; and

(3)           If providing school-age care, 900 hours of

verifiable experience performing administrative duties in a licensed child care

program serving school-aged children; or 1350 hours of verifiable experience

performing administrative duties in an unlicensed school-age care or camp

setting; or shall have completed the BSAC Training or its equivalent.

Completion of these requirements may count toward meeting experience

requirements in Subparagraphs (2)(A), (B) and (C) of this Paragraph.

(h)  For centers with a licensed capacity of 3 to 12

children located in a residence, when an individual has responsibility both for

administering the child care program and for planning and implementing the

daily activities of a group of children, the educational requirements for lead

teacher in Rule .2820 of this Section shall apply.  All other teachers shall

follow the educational requirements for teachers in this Section.

(i)  For centers with a licensed capacity of 200 or more,

there shall be a second administrator on-site for a minimum of 20 hours per

week who shall have the Level I North Carolina Early Childhood Administration

Credential or its equivalent.

 

History Note:        Authority G.S. 110-85; 110-88(7);

110-90(4); 143B-168.3;

Eff. May 1, 2006;

Amended Eff. August 1, 2012.

 

10A NCAC 09 .2820          EDUCATION STANDARDS FOR LEAD TEACHERS

FOR A RATED LICENSE FOR CHILD CARE CENTERS 

(a)  This Rule applies to evaluating child care centers with

regards to all lead teachers. The points for education standards are determined

by applying this Rule along with Rules .2819, .2821, .2822 and .2823 of this

Section.  To determine the points attained for meeting the education standards,

the lowest number of points attained under each Rule shall be the point used to

meet Rule .2802 of this Section.

(b)  To achieve two points, 75 percent of the lead teachers

shall:

(1)           Have the North Carolina Early Childhood

Credential, its equivalent or a Level I or higher Early Educator Certification

on the Early Care and Education Professional Scale (ECE scale); and

(2)           Have completed or enrolled in three

semester hours in early childhood education or child development (not including

North Carolina Early Childhood Credential coursework).

(c)  To achieve three points, all lead teachers shall have

the North Carolina Early Childhood Credential, its equivalent or a Level I or

higher certification on the ECE scale; and either

(1)           75 percent of the lead teachers shall have:

(A)          Completed three semester hours in early childhood

education and completed or are enrolled in three additional semester hours in

early childhood education or child development (not including North Carolina

Early Childhood Credential coursework); or

(B)          Completed one year full time verifiable early

childhood work experience; or

(C)          A level II or higher certification on the ECE scale;

or

(D)          Any combination of Parts (A) through (C) of this

Subparagraph; or

(2)           50 percent of the lead teachers shall have

a Level II or higher certification on the ECE scale.

(d)  To achieve four points, all lead teachers shall have

the North Carolina Early Childhood Credential, its equivalent, or Level I or

higher certification on the ECE scale; and

(1)           Either 75 percent of the lead teachers

shall have:

(A)          Completed six semester hours in early childhood

education or child development (not including the North Carolina Early

Childhood Credential coursework), and have completed or are enrolled in three

additional semester hours in early childhood education; or

(B)          Completed three semester hours of early childhood education

and have three years of full-time verifiable early childhood work experience;

or

(C)          Five years of full-time verifiable early childhood

work experience; or

(D)          Any combination of Parts (A) through (C) of this

Subparagraph; or

(2)           50 percent of the lead teachers shall have

a Level III or higher certification on the ECE scale.

(e)  To achieve five points, all lead teachers shall have

the North Carolina Early Childhood Credential, its equivalent, or have a Level

I or higher certification on the ECE scale and 75 percent of the lead teachers

shall have:

(1)           Completed nine semester hours in early

childhood education or child development (not including the North Carolina

Early Childhood Credential coursework), and have completed or are enrolled in

three additional semester hours in early childhood education, and have one year

of full-time verifiable early childhood work experience; or

(2)           A Level IV or higher certification on the

ECE scale and have one year of full-time verifiable early childhood work

experience; or

(3)           Any combination of Subparagraphs (1) and

(2) of this Paragraph.

(f)  To achieve six points, all lead teachers shall have the

North Carolina Early Childhood Credential, its equivalent, or a Level I or

higher certification on the ECE scale and 50 percent of the lead teachers shall

have either:

(1)           An A.A.S degree in early childhood

education or child development or an A.A.S degree in any major with 12 semester

hours in early childhood education or child development and one year of

full-time verifiable early childhood work experience; or

(2)           Completed 60 semester hours towards a BA/BS

degree program with 12 semester hours in early childhood education and one year

of full-time verifiable early childhood work  experience; or

(3)           A Level VI certification on the ECE scale

and one year of full-time verifiable early childhood work experience; or

(4)           Any combination of Subparagraphs (1)

through (3) of this Paragraph.

(g)  To achieve seven points, all lead teachers shall have

the North Carolina Early Childhood Credential, its equivalent, or a Level I or

higher certification on the ECE scale and 75 percent of the lead teachers shall

have either:

(1)           An A.A.S. degree in early childhood

education or child development or an A.A.S. degree in any major with 12

semester hours in early childhood education or child development and two years

of full-time verifiable early childhood work experience; or

(2)           A Level VI certification on the ECE scale

and two years of full-time verifiable early childhood work experience; or

(3)           Any combination of Subparagraphs (1) and

(2) of this Paragraph.

 

History Note:        Authority G.S. 110-85; 110-88(7);

110-90(4); 143B-168.3;

Eff. August 1, 2012.

 

10A NCAC 09 .2821          EDUCATION STANDARDS FOR Teachers for A

RATED LICENSE FOR CHILD CARE CENTERS 

(a)  This Rule applies to evaluating child care centers with

regards to all teachers. The points for education standards are determined by

applying this Rule along with Rules .2819, .2820, .2822, and .2823 of this

Section.  To determine the points attained for meeting the education standards,

the lowest number of points attained under each Rule shall be the point used to

meet Rule .2802 of this Section.

(b)  To achieve two points, 50 percent of the teachers

counted in staff/child ratios shall:

(1)           Have one year of full time verifiable early

childhood work experience; or

(2)           Be enrolled in three semester hours in

early childhood education, or child development; or

(3)           Have any combination of Subparagraphs (1)

and (2) of this Paragraph.

(c)  To achieve three points, 50 percent of the teachers

counted in staff/child ratios shall have:

(1)           Three semester hours in early childhood

education or child development; or

(2)           Two years of full time verifiable early

childhood work experience; or

(3)           Any combination of Subparagraphs (1) and

(2) of this Paragraph.  

(d)  To achieve four points, 50 percent of the teachers

counted in staff/child ratios shall have the North Carolina Early Childhood

Credential, its equivalent or have a Level I or higher certification on the ECE

scale.

(e)  To achieve five points, 50 percent of the teachers

counted in staff/child ratios shall have either:

(1)           The North Carolina Early Childhood

Credential, its equivalent or have a Level I or higher certification on the ECE

scale and three semester hours in early childhood education or child

development (not including North Carolina Early Childhood Credential

coursework); or

(2)           A Level II or higher certification on the

ECE scale; or

(3)           Any combination of Subparagraphs (1) and

(2) of this Paragraph.

(f)  To achieve six points, 50 percent of the teachers

counted in staff/child ratios shall have the North Carolina Early Childhood

Credential, its equivalent or a Level I or higher certification on the ECE

scale and either:

(1)           Three semester hours in early childhood

education or child development (not including North Carolina Early Childhood

Credential; and one year of full-time verifiable early childhood work experience;

or

(2)           A Level II or higher certification on the

ECE scale and one year of full-time early childhood work experience; or

(3)           Any combination of Subparagraphs (1) and

(2) of this Paragraph.

(g)  To achieve seven points, 50 percent of the teachers

counted in staff/child ratios shall have the North Carolina Early Childhood

Credential, its equivalent or have a Level I or higher certification on the ECE

scale and either:

(1)           Six semester hours in early childhood

education or child development (not including North Carolina Early Childhood

Credential coursework); and two years of full-time verifiable early childhood

work experience; or

(2)           A Level III or higher certification on the

ECE scale and two years of full-time verifiable early childhood work

experience; or

(3)           Any combination of Subparagraphs (1) and

(2) of this Paragraph.

 

History Note:        Authority G.S. 110-85; 110-88(7);

110-90(4); 143B-168.3;

Eff. August 1, 2012.

 

10A NCAC 09 .2822          EDUCATION STANDARDS FOR program

coordinators for a RATED LICENSE FOR CHILD CARE CENTERS

(a)  This Rule applies to evaluating child care centers with

regards to program coordinators. The points for education standards are

determined by applying this Rule along with Rules .2819, .2820, .2821, and

.2823 of this Section.  To determine the points attained for meeting the

education standards, the lowest number of points attained under each Rule shall

be the point used to meet Rule .2802 of this Section.

(b)  To achieve two points, the program coordinator shall

have completed all the applicable requirements in Rule .2510(b) of this Chapter

and shall:

(1)           Be enrolled in three additional semester

hours of school-age care related coursework; or

(2)           Have 200 hours of verifiable experience

working with school-aged children in a licensed child care program; or

(3)           Have 300 hours of verifiable experience

working with school-aged children in an unlicensed school-age care or camp

setting.

(c)  To achieve three points, the program coordinator shall

have completed all the applicable requirements in Rule .2510(b) of this Chapter

and shall have:

(1)           Completed three additional semester hours

of school-age care related coursework; or

(2)           300 hours of verifiable experience working

with school-aged children in a licensed child care program; or

(3)           450 hours of verifiable experience working

with school-aged children in an unlicensed school-age care or camp setting; or

(4)           At least a Level I or higher certification

on the SA scale.

(d)  To achieve four points, the program coordinator shall

have completed all the applicable requirements in Rule .2510(b) of this Chapter

and shall have:

(1)           Completed three additional semester hours

of school-age care related coursework and have either 200 hours of verifiable

experience working with school-aged children in a licensed child care program,

or 300 hours of verifiable experience working with school-aged children in an

unlicensed school-age care or camp setting; or

(2)           A Level I or higher certification on the SA

scale and have either 200 hours of verifiable experience working with school-aged

children in a licensed child care program, or 300 hours of verifiable

experience working with school-aged children in an unlicensed school-age care

or camp setting; or

(3)           450 hours of verifiable experience working

with school-aged children in a licensed child care program; or

(4)           600 hours of verifiable experience working

with school-aged children in an unlicensed school-age care or camp setting.

(e)  To achieve five points, the program coordinator shall

have completed all the applicable requirements in Rule .2510(b) of this Chapter

and shall have:

(1)           Completed three additional semester hours

of school-age care related coursework; and be enrolled in three additional

semester hours of school-age care related coursework; or

(2)           600 hours of verifiable experience working

with school-age children in a licensed child care program; or

(3)           750 hours of verifiable experience working

with school-aged children in an unlicensed school-age care or camp setting; or

(4)           A Level II or higher certification on the

SA scale.

(f)  To achieve six points, the program coordinator shall

have completed all the applicable requirements in Rule .2510(b) of this Chapter

and shall have:

(1)           Completed six additional semester hours of

school-age care related coursework and either 750 hours of verifiable

experience working with school-aged children in a licensed child care program

or 900 hours of verifiable experience working with school-aged children in an

unlicensed school-age care or camp setting; or

(2)           A BA/BS degree with three additional

semester hours of school-age care related coursework; or

(3)           A Level IV or higher certification on the

SA scale.

(g)  To achieve seven points, the program coordinator shall

have completed all the applicable requirements in Rule .2510(b) of this Chapter

and shall have:

(1)           Completed six additional semester hours of

school-age care related coursework  and either 900 hours of verifiable

experience working with school-aged children in a licensed child care program

or 1350 hours of verifiable experience working with school-aged children in an

unlicensed school-age care or camp setting; or 

(2)           Nine additional semester hours of

school-age related coursework and either 600 hours of verifiable experience

working with school-aged children in a licensed child care program or 900 hours

of verifiable experience working with school-aged children in an unlicensed

school-age care or camp setting; or

(3)           A BA/BS degree or higher with six

additional semester hours of school-age related coursework and  either 300

hours of verifiable experience working with school-aged children in a licensed

school-age care program; or 450  hours of working with school-aged children in

an unlicensed school-age care or camp setting; or

(4)           A Level IV or higher certification on the

SA scale and either 300 hours of verifiable experience working with school-aged

children in a licensed school-age care program or 450 hours of working with

school-aged children in an unlicensed school-age care or camp setting.

(h)  For centers providing school-age care with 200 or more

school-aged children enrolled, there shall be two program coordinators on site,

one of whom shall not have concurrent group leader responsibilities.  The

additional program coordinator shall have completed all the applicable staff

requirements in Rule .2510(b) of this Chapter.

 

History Note:        Authority G.S. 110-85; 110-88(7);

110-90(4); 143B-168.3;

Eff. August 1, 2012.

 

10A NCAC 09 .2823          EDUCATION STANDARDS FOR group leaders

and assistant group leaders for a RATED LICENSE FOR CHILD CARE CENTERS

(a)  This Rule applies to evaluating child care centers with

regards to group leaders and assistant group leaders. The points for education

standards are determined by applying this Rule along with Rules .2819, .2820,

2821, and .2822 of this Section.  To determine the points attained for meeting

the education standards, the lowest number of points attained under each Rule

shall be the point used to meet Rule .2802 of this Section.

(b)  To achieve two points, all group leaders shall have

completed the BSAC training or its equivalent.

(c)  To achieve three points, all group leaders shall have

completed the BSAC training or its equivalent, and 25 percent of the group

leaders shall be enrolled in or have completed two semester hours of school-age

care related coursework.

(d)  To achieve four points, all assistant group leaders

shall be at least 16 years of age and all group leaders shall have completed

the BSAC training or its equivalent, and 25 percent of the group leaders shall

have either:

(1)           Completed two semester hours of school-age

care related coursework; or

(2)           100 hours of verifiable experience working

with school-aged children in a licensed child care program; or

(3)           150 hours of verifiable experience working

with school-aged children in an unlicensed school-age care or camp setting; or

(4)           Any combination of Subparagraphs (1)

through (3) of this Paragraph.

(e)  To achieve five points, all group leaders shall have

completed the BSAC training or its equivalent, and

(1)           50 percent of the group leaders shall have

either:

(A)          Completed two semester hours of school-age care

related coursework; or

(B)          300 hours of verifiable experience working with

school-aged children in a licensed child care program; or

(C)          450 hours of verifiable experience working with

school-aged children in an unlicensed school-age care or camp setting; or

(D)          Any combination of Subparagraphs (A) through (C) of

this Paragraph; and

(2)           All assistant group leaders shall be at

least 16 years of age and shall have either:

(A)          Completed the BSAC training or its equivalent; or

(B)          250 hours of verifiable experience working with

school-aged children in a licensed child care program; or

(C)          400 hours of verifiable experience working with

school-aged children in an unlicensed school-age care or camp setting; or

(D)          Any combination of Subparagraphs (A) through (C) of

this Paragraph.

(f)  To achieve six points, all group leaders shall have

completed the BSAC training or its equivalent, and

(1)           50 percent of group leaders shall have:

(A)          Completed two semester hours of school-age care related

coursework and have completed or be enrolled in two additional semester hours

of school-age related coursework; or

(B)          600 hours of verifiable experience working with

school-aged children in a licensed child care program; or

(C)          900 hours of verifiable experience working with

school-aged children in an unlicensed school-age care or camp setting; or

(D)          Any combination of Subparagraphs (A) through (C) of

this Paragraph; and

(2)           All assistant group leaders shall be 17

years of age and shall have either;

(A)          Completed the BSAC training or its equivalent; or

(B)          250 hours of verifiable experience working with

school-aged children in a licensed child care program; or

(C)          400 hours of verifiable experience working with

school-aged children in an unlicensed school-age care or camp setting; or

(D)          Any combination of Subparagraphs (A) through (C) of

this Paragraph.

(g)  To achieve seven points, all assistant group leaders

shall be 18 years of age and shall have completed the BSAC training or its

equivalent and all group leaders shall have completed the BSAC training or its

equivalent, and 75 percent of the group leaders shall have:

(1)           Completed two semester hours of school-age

care related coursework and have completed, or are enrolled in two additional

semester hours of school-age related coursework; or

(2)           600 hours of verifiable experience working

with school-aged children in a licensed child care program; or

(3)           900 hours of verifiable experience working

with school-aged children in an unlicensed school-age care or camp setting; or

(4)           Any combination of Subparagraphs (1)

through (3) of this Paragraph.

 

History Note:        Authority G.S. 110-85; 110-88(7);

110-90(4); 143B-168.3;

Eff. August 1, 2012.

 

10A NCAC 09 .2824          EDUCATION STANDARDS FOR A RATED

LICENSE FOR Administrators for CENTERS THAT PROVIDE CARE ONLY TO SCHOOL-AGED

CHILDREN

(a)  This Rule applies to evaluating the education standards

for administrators for centers that provide care only to school-aged children.

The points for education standards are determined by applying this Rule along

with Rules .2825 and .2826 of this Section.  To determine the points attained

for meeting the education standards, the lowest number of points attained under

each rule shall be the point used to meet Rule .2802 of this Section.

(b)  To achieve two points, the administrator shall have:

(1)           A Level I North Carolina Early Childhood

Administration Credential or its equivalent or have enrolled in coursework as

required in G.S. 110-91(8); and

(2)           1600 hours of verifiable experience

performing administrative duties in a licensed school-aged program.

(c)  To achieve three points, the administrator shall have:

(1)           A Level I North Carolina Early Childhood

Administration Credential or its equivalent; and

(2)           Either:

(A)          300 additional hours of verifiable experience

performing administrative duties in a licensed child care program; or

(B)          450 additional hours of verifiable experience

performing administrative duties in an unlicensed school-aged care or camp

setting.

(d)  To achieve four points, the administrator shall have:

(1)           A Level I North Carolina Early Childhood

Administration Credential or its equivalent; and

(2)           Either:

(A)          450 additional hours of verifiable experience

performing administrative duties in a licensed child care program; or

(B)          600 additional hours of verifiable experience

performing administrative duties in an unlicensed school-age care or camp

setting.

(e)  To achieve five points, the administrator shall have:

(1)           A Level II North Carolina Early Childhood

Administration Credential or its equivalent; and

(2)           Either:

(A)          600 additional hours of verifiable experience

performing administrative duties in a licensed child care program serving

school-aged children; or

(B)          750 additional hours of verifiable experience

performing administrative duties in an unlicensed school-aged care or camp setting.

(f)  To achieve six points, the administrator shall have:

(1)           A Level II North Carolina Early Childhood

Administration Credential or its equivalent; and

(2)           Either:

(A)          750 additional hours of verifiable experience

performing administrative duties in a licensed child care program serving

school-aged children; or

(B)          1150 additional hours of verifiable experience

performing administrative duties in an unlicensed school-aged care or camp

setting.

(g)  To achieve seven points, the administrator shall have:

(1)           A Level III North Carolina Early Childhood

Administration Credential or its equivalent; and

(2)           Either:

(A)          900 additional hours of verifiable experience

performing administrative duties in a licensed child care program serving

school-aged children; or

(B)          1350 additional hours of verifiable experience

performing administrative duties in an unlicensed school-aged care or camp

setting.

(h)  As used in this Rule, the definition of the term "experience

working with school-aged children" in Rule .2510(h) of this Chapter shall

apply.

 

History Note:        Authority G.S. 110-85; 110-88(7);

110-90(4); 143B-168.3;

Eff. August 1, 2012.

 

10A NCAC 09 .2825          EDUCATION STANDARDS FOR program

coordinators for A RATED LICENSE FOR CENTERS THAT PROVIDE CARE ONLY TO

SCHOOL-AGED CHILDREN

(a)  This Rule applies to evaluating the education standards

for program coordinators for centers that provide care only to school-aged

children.  The points for education standards are determined by applying this

Rule along with Rules .2824 and .2826 of this Section.  To determine the points

attained for meeting the education standards, the lowest number of points

attained under each Rule shall be the point used to meet Rule .2802 of this

Section.

(b)  To achieve two points, the program coordinator shall

have completed all the applicable requirements in Rule .2510(b) of this Chapter

and shall:

(1)           Be enrolled in three additional semester

hours of school-age care related coursework; or

(2)           Have 200 hours of verifiable experience

working with school-aged children in a licensed child care program; or

(3)           Have 300 hours of verifiable experience

working with school-aged children in an unlicensed school-age care or camp

setting.

(c)  To achieve three points, the program coordinator shall

have completed all the applicable requirements in Rule .2510(b) of this Chapter

and shall have:

(1)           Completed three additional semester hours

of school-age care related coursework; or

(2)           300 hours of verifiable experience working

with school-aged children in a licensed child care program; or

(3)           450 hours of verifiable experience working

with school-aged children in an unlicensed school-age care or camp setting; or

(4)           A Level I certification or higher on the SA

scale.

(d)  To achieve four points, the program coordinator shall

have completed all the applicable requirements in Rule .2510(b) of this Chapter

and shall have:

(1)           Completed three additional semester hours

of school-age care related coursework and 200 hours of verifiable experience

working with school-aged children in a licensed child care program; or

(2)           450 hours of verifiable experience working

with school-aged children in a licensed child care program; or

(3)           600 hours of verifiable experience working

with school-aged children in an unlicensed school-age care or camp setting; or

(4)           A Level I certification or higher on the SA

scale, and either;

(A)          200 hours of verifiable experience working with

school-aged children in a licensed child care program; or

(B)          300 hours of verifiable experience working with

school-aged children in an unlicensed school-age care or camp setting.

(e)  To achieve five points, the program coordinator shall

have completed all the applicable requirements in Rule .2510(b) of this Chapter

and shall have:

(1)           Completed three additional semester hours

of school-age care related coursework and is enrolled in three additional

semester hours of school-aged care related coursework; or

(2)           600 hours of verifiable experience working

with school-aged children in a licensed child care program; or

(3)           750 hours of verifiable experience working

with school-aged children in an unlicensed school-aged care or camp setting; or



(4)           A Level II certification or higher on the

SA scale.

(f)  To achieve six points, the program coordinator shall

have completed all the applicable requirements in Rule .2510(b) of this Chapter

and shall have:

(1)           750 hours of verifiable experience working

with school-aged children in a licensed child care program; or 900 hours of

verifiable experience working with school-aged children in an unlicensed

school-aged care or camp setting; and

(2)           Either:

(A)          Completed six additional semester hours of

school-aged care related coursework; or

(B)          Shall have a BA/BS degree with three additional semester

hours of school-aged care related coursework; or

(C)          Level III certification or higher on the SA scale.

(g)  To achieve seven points, the program coordinator shall

have completed all the applicable requirements in Rule .2510(b) of this Chapter

and shall have:

(1)           Completed six additional semester hours of

school-aged care related coursework and either:

(A)          900 hours of verifiable experience working with

school-aged children in a licensed child care program; or

(B)          1350 hours of verifiable experience working with

school-aged children in an unlicensed school-aged care or camp setting; or

(2)           Completed nine additional semester hours of

school-aged care related coursework and either:

(A)          600 hours of verifiable experience working with

school-aged children in a licensed child care program; or

(B)          900 hours of verifiable experience working with

school-aged children in an unlicensed school-aged care or camp setting; or

(3)           A BA/BS degree or higher with six

additional semester hours of school-aged related coursework and either:

(A)          300 hours of verifiable experience working with

school-aged children in a licensed school-aged care program; or

(B)          450 hours of working with school-aged children in an

unlicensed school-aged care or camp setting; or

(4)           A Level IV certification or higher on the

SA scale and either:

(A)          300 hours of verifiable experience working with

school-aged children in a licensed school-aged care program; or

(B)          450 hours of working with school-aged children in an

unlicensed school-aged care or camp setting.

(h)  As used in this Rule, the definition of the term

"experience working with school-aged children" in Rule .2510(h) of

this Chapter shall apply.

(i)  For programs with a licensed capacity of 200 or more

school-aged children, there shall be two program coordinators on site, one of

whom shall not have concurrent group leader responsibilities.  The additional

program coordinator shall have completed the applicable staff requirements in

Rule .2510(b) of this Chapter.

 

History Note:        Authority G.S. 110-85; 110-88(7);

110-90(4); 143B-168.3;

Eff. August 1, 2012.

 

10A NCAC 09 .2826          EDUCATION STANDARDS FOR group leaders

and assistant group leaders for A RATED LICENSE FOR CENTERS THAT PROVIDE CARE

ONLY TO SCHOOL-AGED CHILDREN

(a)  This Rule applies to evaluating the education standards

for group leaders and assistant group leaders that work in programs that

provide care only to school-aged children.  The points for education standards

are determined by applying this Rule along with Rules .2824, and .2825 of this

Section.  To determine the points attained for meeting the education standards,

the lowest number of points attained under each Rule shall be the point used to

meet Rule .2802 of this Section.

(b)  To achieve two points, all group leaders shall have

completed the BSAC training or its equivalent.

(c)  To achieve three points, all group leaders shall have

completed the BSAC training or its equivalent, and 25 percent of the

individuals designated as group leaders as set out in Rule .2510 of this

Chapter shall be enrolled in two semester hours of school-age care related

coursework.

(d)  To achieve four points:

(1)           All group leaders shall have completed the

BSAC training or its equivalent, and 25 percent of the individuals designated

as group leaders as set out in Rule .2510 of this Chapter shall have:

(A)          Completed two semester hours of school-age care

related coursework; or

(B)          100 hours of verifiable experience working with

school-aged children in a licensed child care program; or

(C)          150 hours of verifiable experience working with

school-aged children in an unlicensed school-age care or camp setting; and

(2)           All assistant group leaders shall be at

least 16 years of age.

(e)  To achieve five points:

(1)           All group leaders shall complete the BSAC

training or its equivalent, and 50 percent of the individuals designated as

group leaders as set out in Rule .2510 of this Chapter shall have:

(A)          300 hours of verifiable experience working with

school-aged children in a licensed child care program; or

(B)          450 hours of verifiable experience working with

school-aged children in an unlicensed school-age care or camp setting; or

(C)          Completed two semester hours of school-age care

related coursework; and

(2)           All assistant group leaders shall be at

least 16 years of age and shall have;

(A)          400 hours of verifiable experience working with

school-aged children in an unlicensed school-age care or camp setting; or

(B)          Completed the BSAC training or its equivalent; or

(C)          250 hours of verifiable experience working with

school-aged children in a licensed child care program.

(f)  To achieve six points:

(1)           All group leaders shall have completed the

BSAC training or its equivalent, and 50 percent of the individuals designated

as group leaders as set out in Rule .2510 of this Chapter shall have:

(A)          Completed two semester hours of school-aged care

related coursework and have completed or are enrolled in two additional

semester hours of school-aged related coursework; or

(B)          600 hours of verifiable experience working with

school-aged children in a licensed child care program; or

(C)          900 hours of verifiable experience working with

school-aged children in an unlicensed school-age care or camp setting; and

(2)           All assistant group leaders shall be at

least 17 years of age and shall have;

(A)          Completed the BSAC training or its equivalent; or

(B)          250 hours of verifiable experience working with

school-aged children in a licensed child care program; or

(C)          400 hours of verifiable experience working with

school-aged children in an unlicensed school-aged care or camp setting.

(h)  To achieve seven points:

(1)           All group leaders shall have completed the

BSAC training or its equivalent, and 75 percent of the individuals designated

as group leaders as set out in Rule .2510 of this Chapter shall have:

(A)          Completed two semester hours of school-aged care

related coursework and have completed or are enrolled in two additional

semester hours of school-aged related coursework; or

(B)          600 hours of verifiable experience working with

school-aged children in a licensed child care program; or

(C)          900 hours of verifiable experience working with

school-aged children in an unlicensed school-aged care or camp setting; and

(2)           All assistant group leaders shall be at

least 18 years of and shall have completed the BSAC training or its equivalent.

(j)  As used in this Rule, the definition of the term

"experience working with school-aged children" in Rule .2510(h) of

this Chapter shall apply.

 

History Note:        Authority G.S. 110-85; 110-88(7);

110-90(4); 143B-168.3;

Eff. August 1, 2012.

 

10A NCAC 09 .2827          EDUCATION STANDARDS FOR OPerators for A

RATED LICENSE FOR FAMILY CHILD CARE HOMES

(a)  This Rule applies to evaluating family child care homes

with regards to the operator. 

(b)  To achieve two points, the operator shall have

completed:

(1)           Four semester credit hours in early

childhood education or child development (not including the North Carolina

Family Child Care Credential coursework); or

(2)           Five years of verifiable early childhood

work experience and eight additional clock hours annually of in-service

training.

(c)  To achieve three points, the operator shall have

completed the North Carolina Family Child Care Credential, its equivalent or a

Level I or higher certification on the ECE scale.

(d)  To achieve four points, the operator shall have

completed a Level II or higher certification on the ECE scale; or

(1)           Have six semester credit hours in early

childhood education or child development (not including the North Carolina

Family Child Care Credential coursework); and

(2)           Have the North Carolina Family Child Care

Credential, its equivalent, or a Level I or higher certification on the ECE

scale.

(e)  To achieve five points, the operator shall have

completed a Level IV certification on the ECE scale and have one year

verifiable early childhood work experience; or have

(1)           The North Carolina Family Child Care

Credential, its equivalent, or a Level I or higher certification on the ECE

scale; and

(2)           12 semester credit hours in early childhood

education or child development (not including the North Carolina Family Child

Care Credential coursework); and

(3)           Either:

(A)          Two of 12 semester hours in early childhood

education in child care administration; or

(B)          One year of verifiable early childhood work

experience.

(f)  To achieve six points, the operator shall have

completed a Level VI certification on the ECE scale and have one year verifiable

childhood work experience; or have

(1)           The North Carolina Family Child Care

Credential, its equivalent, or a Level I or higher certification on the ECE

scale; and  

(2)           18 semester credit hours in early childhood

education or child development (not including the North Carolina Family Child

Care Credential coursework; and

(3)           Either:

(A)          Five of the 18 semester hours in early childhood

education are in child care administration; or

(B)          Two years of verifiable early childhood work

experience. 

(g)  To achieve seven points, the operator shall have

completed:

(1)           An A.A.S. degree in any major with a

minimum of 12 semester credit hours in early childhood education/child

development coursework and two years of full-time verifiable early childhood

work experience; or

(2)           An A.A.S. in early childhood

education/child development and 18 months of full-time verifiable early

childhood work experience; or

(3)           A Level VI certification on the ECE scale

and two years of experience.

 

History Note:        Authority G.S. 110-85; 110-88(7);

110-90(4); 143B-168.3;

Eff. May 1, 2006;

Amended Eff. August 1, 2012.

 

10A NCAC 09 .2828          PROGRAM STANDARDS FOR A RATED LICENSE

FOR FAMILY CHILD CARE HOMES

(a)  This Rule applies to evaluating the program standards

for a two component rated license for family child care homes.

(b)  To achieve two points for program standards, the

operator shall have written operational policies and procedures that include

information about meal and snack practices, daily activities, parent

involvement, health and safety practices, infection control/ill child

exclusion/inclusion, and business practice.

(c)  To achieve three points for program standards, the

operator shall:

(1)           Have written operational policies and

procedures that include all information listed in Paragraph (a) of this Rule.

(2)           Have an average score of 4.0 or higher on

the Family Day Care Rating Scale.

(d)  To achieve four points for program standards, the

operator shall:

(1)           Have written operational policies and

procedures that include all information listed in Paragraph (a) of this Rule.

(2)           Have an average score of 4.25 or higher on

the Family Day Care Rating Scale.

(e)  To achieve five points for program standards, the

operator shall:

(1)           Have written operational policies and

procedures that include all information listed in Paragraph (a) of this Rule.

(2)           Have an average score of 4.5 or higher on

the Family Day Care Rating Scale.

(f)  To achieve six points for program standards, the

operator shall:

(1)           Have written operational policies and

procedures that include all information listed in Paragraph (a) of this Rule;

(2)           Have an average score of 4.75 or higher on

the Family Day Care Rating Scale; and

(3)           Of the five preschoolers allowed to be

enrolled, no more than four children shall be under one year of age.

(g)  To achieve seven points for program standards, the operator

shall:

(1)           Have written operational policies and

procedures that include all information listed in Paragraph (a) of this Rule;

(2)           Have an average score of 5.0 or higher on

the Family Day Care Rating Scale; and

(3)           Of the five preschoolers allowed to be

enrolled, no more than three children shall be under one year of age.

 

History Note:        Authority G.S. 110-88(7); 110-90(4);

143B-168.3;

Eff. May 1, 2006;

Recodified from Rule .2821 Eff. August 1, 2012.

 

10A NCAC 09 .2829          QUALITY POINT OPTIONS

Operators may earn one additional quality point toward a

voluntary rated license as described in Rule .2802 of this Section as follows:

(1)           Education options:

(a)           Completing additional education coursework

as follows:

(i)            An Infant and Toddler Certificate, by 75

percent of infant and toddler teachers,

(ii)           An A.A.S. or higher in early childhood

education or child development by 75 percent of teachers,

(iii)          A BA or BS or higher in early childhood

education or child development by 75 percent of lead teachers,

(iv)          An A.A.S. or higher in early childhood

education or child development by all lead teachers,

(v)           A North Carolina School Age Care Credential

or have completed six semester hours in school-age coursework by 75 percent of

group leaders, or

(vi)          An Infant and Toddler Certificate or has a

BA or BS or higher in early childhood education or child development by a

family child care home provider;

(b)           Completing 20 additional annual in-service

training hours for full-time lead teachers and teachers, and staff working

part-time completing additional hours based on the chart in Rule .0707(c) of

this Chapter;

(c)           Completing 20 annual in-service training

hours for family child care home providers in addition to those required by

Rule .1705(b)(5) of this Chapter;

(d)           75 percent of lead teachers and teachers

having at least 10 years of documented and confirmed by the Division early

childhood work experience;

(e)           All lead teachers and teachers having at

least five years of documented and confirmed by the Division of early childhood

work experience employed by no more than two different employers;

(f)            Having a combined turnover rate of 20

percent or less for the administrator, program coordinator, lead teachers,

teachers and group leader positions over the last 12 months if the program has

earned at least four points in education;

(g)           In a stand alone school age program, 75

percent of group leaders having at least five years verifiable school-age work

experience employed in no more than two different school-age settings; or

(2)           Programmatic options:

(a)           Using a curriculum as defined in Rule

.0102(7) of this Chapter.  This programmatic option is not available to

facilities that are required to use an approved curriculum in accordance with

Rule .2802(d) of this Section;

(b)           Having group sizes decreased by at least one

child per age group from the seven point level as described in Rule .2818(c) of

this Section;

(c)           Having staff/child ratios decreased by at

least one child per age group from the seven point level as described in Rule

.2818(c) of this Section;

(d)           Meeting at least two of the following three

programs standards:

(i)            Having enhanced policies which include the

following topics: field trip policy, staff development plan, medication

administration, enhanced discipline policy, and health rules for attendance;

(ii)           Having a staff benefits package that offers

at least four of the following six benefits: paid leave for professional

development, paid planning time, vacation, sick time, retirement or health

insurance; or

(iii)          Having evidence of an infrastructure of

parent involvement that includes at least two of the following:  parent

newsletters offered at least quarterly, parent advisory board, periodic

conferences for all children, or parent information meetings offered at least

quarterly;

(e)           Completing a 30 hour or longer business

training course by a family child care home   provider;

(f)            Completing a business training course and a

wage and hour training by the center administrator that is at least 30 hours

total;

(g)           Restricting enrollment to four preschool

children in a family child care home; or

(h)           Reducing infant capacity by at least one

child from the seven point level for a family child care home as described in

Rule .2828(g)(3) of this Section.

 

History Note:        Authority G.S. 110-85; 110-88(7); 110-90(4);

143B-168.3; S.L. 2011-145, s. 10.7(b);

Eff. May 1, 2006;

Amended Eff. December 1, 2006;

Recodified from Rule .2823 Eff. August 1, 2012;

Amended Eff. July 1, 2015; September 1, 2012.

 

10A NCAC 09 .2830          MAINTAINING THE STAR RATING

(a)  A representative of the Division may make announced or

unannounced visits to facilities to assess on-going compliance with the

requirements of a star rating after it has been issued.  When the Division representative

documents violations with the standards that determine a rating, the

representative may take one or more of the following actions:

(1)           Advise the operator to submit written

verification that the violation(s) have been corrected.

(2)           Return to the facility for an unannounced

visit at a later date to determine if compliance has been achieved.

(3)           Recommend an Environmental Rating Scale

assessment be conducted.

(4)           Recommend a complete reassessment of

requirements of the star rating issued to the facility.

(5)           Recommend that the star rating be reduced.

(6)           Recommend administrative action in

accordance with G.S. 110 and this Subchapter.

(b)  If changes occur at a facility which result in the

operator not complying with the standards in this Section for the star rating

issued, the operator shall correct the noncompliance within 30 days.  If the

operator does not correct the noncompliance within 30 days, the operator shall

notify the Division.  Based upon the information obtained, the Division may take

any of the actions described in Paragraph (a) of this Rule.

(c)  A complete assessment of requirements for a voluntary

rated license of two stars or higher shall be conducted at least once every

three years.  The Division shall provide for one evaluation of program

standards using the environment rating scales referenced in Rule .2802(e) free

of charge once every three years when reassessing the ratings of operators with

three to five points for program standards.

 

History Note:        Authority G.S. 110-88(7); 110-90(4);

143B-168.3;

Eff. April 1, 1999;

Recodified from Rule .2809 Eff. May 1, 2006;

Recodified from Rule .2824 Eff. August 1, 2012.

 

10A NCAC 09 .2831          HOW AN OPERATOR MAY REQUEST OR APPEAL

A CHANGE IN RATING

(a)  An operator may request a change in the star rating by

following the procedures in Rule .2802 of this Section.

(b)  After an initial three- through five-star rating is issued,

the Division shall provide for one evaluation of program standards using the

environment rating scales referenced in Rule .2802(e) of this Section during

each three year period thereafter at no cost to the operator.  An operator may

have extra rating scale assessments as referenced in Rule .2802(e) of this

Section performed at his or her own expense in addition to the free one

performed by the Division.  The additional rating scale assessments shall be

completed by individuals approved by the Division to perform them.  Approval

shall be based upon the individual's successful completion of training

designated or authorized by the authors of the environment rating scales.

(c)  An operator may appeal the reduction of a star rating

as provided in G.S. 110-94.

 

History Note:        Authority G.S. 110-88(7); 110-90(4);

143B-168.3;

Recodified from Rule .2810 Eff. May 1, 2006;

Amended Eff. May 1, 2006;

Recodified from Rule .2825 Eff. August 1, 2012.

 

SECTION .2900 - DEVELOPMENTAL DAY SERVICES

 

10A NCAC 09 .2901          SCOPE

(a)  The rules in this Section apply to all certified

Developmental Day Centers, or to all child care centers requesting to be

certified as a Developmental Day Center.  A Developmental Day Center

offers specialized developmental day services to children who:

(1)           are diagnosed with developmental delays or

developmental disabilities, or

(2)           have been identified with a diagnosed

physical or mental condition which has a high probability of resulting in a

developmental delay as defined in 10A NCAC 43G .0110(c).

(b)  The diagnosis or identification shall be completed by a

licensed professional through a comprehensive clinical assessment.  Developmental

day services are designed to meet individualized needs of children in the

following skill areas:

(1)           Self-help,

(2)           Physical (gross/fine motor),

(3)           Language and speech, and

(4)           Cognitive and psychosocial skills.

(c)  A team of health and education professionals puts a

plan of care in place for each child who is diagnosed with, or at risk for, a

developmental delay, developmental disabilities or atypical development.  The

goal is to assist exceptional children in preparing for ongoing growth and

learning in less restrictive, inclusive environments.  All rules in this

Chapter apply except as provided in this Section.  Nothing in this Section

precludes the enrollment of typically developing children in a Developmental Day Center.

 

History Note:        Authority G.S. 110-85; 110-88(14);

Eff. July 1, 2010.

 

10A NCAC 09 .2902          LICENSE

(a)  Developmental Day Centers shall maintain a four or five

star rated license with an average score of 5.0 on the appropriate environment

rating scale in each classroom evaluated.

(b)  A child care center with a temporary license may

receive certification status if all rules in this Section are met, except for

Paragraph (a) of this Rule, and an application for a two to five star rated

licensed has been submitted.  At the end of the temporary license period the

child care center must receive a four or five star rated license as specified

in Paragraph (a) of this Rule.  Failure to receive a four or five star rated

license shall result in the removal of certification status as a Developmental Day Center.

(c)  The license shall indicate certification as a Developmental

Day Center.

(d)  The center shall comply with the staff-child ratio and

maximum group size as follows:

 

MAXIMUM

AGE                                       RATIO

STAFF/CHILDREN             GROUP SIZE

0-12 Months                                              

1/4                                              8

1 to 2 Years                                               

1/5                                            10

2 Years and Older                                     

1/6                                            18

 

(e)  A minimum of two staff members shall be on site at all

times while children are in attendance at the facility.

(f)  A child care center may appeal the removal of

certification status in accordance with G.S. 110-94; however, an appeal does

not preclude a Local Education Agency from removing contracted children from

the program before a final decision on the appeal is reached.

 

History Note:        Authority G.S. 110-85; 110-88(14);

Eff. July 1, 2010.

 

10A NCAC 09 .2903          STAFF QUALIFICATIONS

(a)  Each center serving children ages birth to three years

shall have a minimum of one staff who holds an Infant Toddler Family Specialist

certification issued from the North Carolina Division of Public Health;

Birth-through-Kindergarten (B-K) Standard Professional I licensure; or

provisional licensure in B-K issued from the Department of Public Instruction.

This staff shall provide program oversight and supervision for any caregivers

in classrooms with children ages birth to three years.

(b)  In accordance with G.S. 115C-84.2(a)(1), during the 185

day school year (as defined by the State Board of Education), each child aged

three years old and older on or before the initial school entry date specified

in G.S. 115C-364 (school entry date) shall be served in a classroom with at

least one lead teacher who holds a B-K Standard Professional I licensure or

provisional licensure in B-K, or Preschool Add-on licensure issued from the

Department of Public Instruction.

(c)  Children who turn three years old after the school

entry date who are identified as a child with a disability as evidenced by an Individualized Education Program (IEP), shall be served in a

classroom with a B-K licensed teacher.

(d)  During the time when school is not in session, each

group of preschool children shall have at least one lead teacher with a minimum

of an A.A.S. degree in early childhood education or child development, or an

A.A.S. degree in any major with 12 semester hours in early childhood education

or child development.

(e)  During the 10 month school year, (as defined by the

State Board of Education), each group of school-age children shall have at

least one teacher who holds State certification as a Special Education Teacher.

 During the time when school is not in session, each group of school-age

children shall have at least one teacher who has completed at least two

semester hours of school-age care related coursework and has completed or is

enrolled in at least two additional semester hours of school-age related

coursework.

(f)  Center administrators shall have a Level III North

Carolina Early Childhood Administration Credential and two years of verifiable

work experience with children with developmental delays or disabilities.

 

History Note:        Authority G.S. 110-85; 110-88(14);

Eff. July 1, 2010;

Amended Eff. March 1, 2014.

 

10A NCAC 09 .2904          PROGRAM REQUIREMENTS

(a)  Children shall participate in daily activities outlined

in a plan of care such as an Individualized Family Service Plan (IFSP),

Individualized Education Program (IEP), Person Centered Plan (PCP), or for

children who are typically developing, an activity plan developed by the

center.  Activities shall allow children to participate in whole group, as part

of a group, or independently.

(b)  In addition to the restrictions specified in 10A NCAC

09 .0713 regarding ages and grouping of children, preschool children aged three

and older shall not be grouped with school aged children except for special

events or activities such as birthday, holiday, or cultural celebrations and

special presentations such as puppet or magic shows, a special story teller, or

a discussion of safety practices by a fireman or nurse.  Children aged birth to

five years may be cared for in groups with older children for the first and

last operating hour of the day provided the staff/child ratio for the youngest

child in the group is maintained.

(c)  In addition to operational policies required by 10A

NCAC 09 .2805(a), Developmental Day Center policies shall also include a

description of the ways that children with special needs have opportunities for

inclusion with children who are typically developing.

 

History Note:        Authority G.S. 110-85; 110-88(14);

Eff. July 1, 2010;

Amended Eff. July 1, 2012.

 

10A NCAC 09 .2905          FAMILY SERVICES

The center shall facilitate family involvement as evidenced

by meeting at least four of the following six activities:

(1)           Providing quarterly parent education sessions;

(2)           Holding parent/teacher conferences at least twice a

year;

(3)           Communicating on an individual basis with parents

via daily notes, progress reports or surveys;

(4)           Having parents as members of a center advisory

board;

(5)           Providing opportunities for parent volunteers to

assist with special classroom activities, field trips and other learning

experiences for children; or

(6)           Providing parents with referral information about

other community programs and resources serving young children.

 

History Note:        Authority G.S. 110-85; 110-88(14);

Eff. July 1, 2010.

 

SECTION .3000 NC PRE-KINDERGARTEN SERVICES

 

10A NCAC 09 .3001          SCOPE

The rules in this Section apply to all licensed programs

that serve children in the North Carolina Pre-Kindergarten (NC Pre-K) program.

The NC Pre-K program is intended to provide high-quality educational

experiences to enhance school readiness for at-risk-four-year olds.  All rules

in this Chapter shall apply except as provided in this Section.

 

History Note:        Authority G.S. 110-85; 110-88; S.L.

2011-145, s. 10.7(a)-(f);

Eff. November 1, 2012.

 

10A NCAC 09 .3002          FACILITY REQUIREMENTS

(a)  Programs serving NC Pre-K children shall maintain a

four or five star rated license.

(b)  All NC Pre-K licensed programs shall have an assessment

completed every three years using the Early Childhood Environment Rating

Scale-Revised Edition assessment tool as a part of the rated license

reassessment process. Classrooms that score below the "good level," as

defined by the tool, shall be reassessed the following year and a minimum "good

level" must be achieved in order to continue to be approved as a NC Pre-K

site.  At least one NC Pre-K classroom will be chosen for an assessment during the

reassessment process.

 

History Note:        Authority G.S. 110-85; 110-88; S.L.

2011-145, s. 10.7(a);

Eff. November 1, 2012.

 

10A NCAC 09 .3003          PROGRAM ATTENDANCE POLICY

When a child is absent for more than three consecutive days,

the site-level administrator shall contact the family and determine the child's

participation status.  The site-level administrator must document attempts to

contact the family and any specified decisions regarding the child's continued

participation in the program.  The site-level administrator shall contact the

local NC Pre-K contractor to share information related to the child's absence

and to determine what further actions may be necessary to maintain the child's

attendance in the program.

 

History Note:        Authority G.S. 110-85; 110-88; S.L.

2011-145, s. 10.7(a);

Eff. November 1, 2012.

 

10A NCAC 09 .3005          CHILD HEALTH ASSESSMENTS

(a)  A health assessment is required to be on file at the NC

Pre-K site within 30 days after a child enters the NC Pre-K program and the

assessment may be no more than 12 months old at the time of program entry.  The

health assessment must include the following:

(1)           Physical examination;

(2)           Updated immunizations;

(3)           Vision screening;

(4)           Hearing screening; and

(5)           Dental screening.

(b)  Site-level administrators shall review all health

assessment results and shall share results with families.

 

History Note:        Authority G.S. 110-85; 110-88; S.L.

2011-145, s. 10.7(a);

Eff. November 1, 2012.

 

10A NCAC 09 .3006          DEVELOPMENTAL SCREENING

(a)  All children enrolled in the NC Pre-K program must

receive a developmental screening, unless the child has an existing

Individualized Education Program (IEP).  The developmental screening shall be

conducted by a person trained in administering the screening.  Children must be

screened within 90 days after the first day of attendance in the program or

within six months prior to the first day of attendance.  The screenings shall

be used solely for the purpose of identifying children who should be referred

for further evaluation and testing based on concerns in one or more

developmental domains.

(b)  Site-level administrators shall review all

developmental screening results and shall share results with families.

 

History Note:        Authority G.S. 110-85; 110-88; S.L.

2011-145, s. 10.7(a);

Eff. November 1, 2012.

 

10A NCAC 09 .3007          EARLY LEARNING STANDARDS AND CURRICULA

(a)  NC Pre-K programs shall use North Carolina's Early

Learning and Development Standards (and subsequent editions), as developed by a

group of state and national early childhood experts. The Early Learning and

Development Standards can be found on the Division of Child Development and

Early Education's website at http://www.ncchildcare.net.

(b)  Each NC Pre-K classroom shall use a curriculum as

defined in 10A NCAC 09 .0102.

 

History Note:        Authority G.S. 110-85; 110-88; S.L.

2011-145, s. 10.7(a);

Eff. January 1, 2013.

 

10A NCAC 09 .3008          formative ASSESSMENTS

Classroom staff are required to conduct formative

assessments to gather information about each child's growth and skill

development, as well as inform instruction.  All formative assessments used by

the NC Pre-K program shall be approved by the NC Child Care Commission based on

the assessment tool's ability to collect information on children's behaviors,

development, skills, knowledge, strengths, needs and interests across all

domains of development.

 

History Note:        Authority G.S. 110-85; 110-88; S.L.

2011-145, s. 10.7(a),(b);

Eff. March 1, 2013.

 

10A NCAC 09 .3009          Staff-to-Child Ratio and Class Size

The classroom shall not exceed a maximum staff-to-child

ratio of one to nine with a maximum class size of 18 children, with at least

one teacher and one assistant teacher per classroom.

 

History Note:        Authority G.S. 110-85; 110-88; S.L.

2011-145, s. 10.7(a);

Eff. November 1, 2012.

 

10A NCAC 09 .3010          Family Engagement

NC Pre-Kindergarten programs shall develop a comprehensive

plan for family engagement consisting of strategies designed to develop

partnerships with families and build reciprocal relationships that promote

shared decision-making. Examples of meaningful opportunities for families to be

engaged in their child's education include, but are not limited to:

(1)           Allowing Pre-K program teachers the opportunity for

home visits;

(2)           Formal and informal parent/teacher conferences;

(3)           Classroom visits and options for parents and

families to participate in classroom activities;

(4)           Parent education;

(5)           Allowing family members the opportunity for

involvement in decision making about their own child and about their child's

early childhood program; and

(6)           Opportunities to engage families outside of the

regular service day.

 

History Note:        Authority G.S. 110-85; 110-88; S.L.

2011-145, s. 10.7(a);

Eff. November 1, 2012.

 

10A NCAC 09 .3011          NC PRE-K SITE-LEVEL Administrator Qualifications

(a)  Administrators of NC Pre-K sites must have either:

(1)           A NC Principal License, or

(2)           A North Carolina Early Childhood

Administrator Credential (NCECAC) Level III.  If the site-level administrator

has not yet earned the NCECAC Level III, the following shall apply:

(A)          Provisional approval shall be given for four years from

the time the site began participation with the NC Pre-K program for the

administrator with NCECAC I or II to obtain the NCECAC Level III; and

(B)          Progress toward NCECAC Level III shall be considered

a minimum of six documented semester hours per year.

(b)  Administrators of NC Pre-K sites shall not serve as the

NC Pre-K teacher or teacher assistant.

(c)  Long term vacancies shall not exceed 12 weeks.

 

History Note:        Authority G.S. 110-85; 110-88; S.L.

2011-145, s. 10.7(a);

Eff. November 1, 2012.

 

10A NCAC 09 .3012          NC PRE-K TEACHER EDUCATION, LICENSURE

AND CREDENTIALS

(a)  All teachers shall hold, or be working toward a North

Carolina (NC) Birth through Kindergarten (B-K) Standard Professional II or

Preschool Add-on licensures.  Teachers working toward the required education

and license shall hold a minimum of a BA/BS degree and the following

requirements:

(1)           NC Initial Provisional Lateral Entry B-K License,

or

(2)           A North Carolina K-6 license and a

provisional Preschool Add-on license, or

(3)           Another North Carolina or other state's

license and an NC Provisional B-K license, or

(4)           A BA/BS degree in early childhood

education, child development, or a related field, and be eligible for a NC

Initial Provisional Lateral Entry B-K License.

(b)  All Pre-K teachers must be enrolled with the Early

Educator Support, Licensure & Professional Development Unit of the Division

of Child Development and Early Education.

(c)  Pre-K teachers with a BA/BS degree shall make progress

toward B-K licensure by completing a minimum of six documented semester hours

per year, and achieve the B-K license within three years.  The site-level

administrator shall maintain documentation available for review by the

Division, of the progress toward the required standard.

 

History Note:        Authority G.S. 110-85; 110-88; S.L.

2011-145, s. 10.7(a);

Eff. November 1, 2012.

 

10A NCAC 09 .3013          NC PRE-K Teacher Assistant Education

and Credentials

All teacher assistants shall:

(1)           have a high school diploma or GED and shall hold,

or be working toward, a minimum of an Associate Degree in early childhood

education or child development (ECE/CD) or a Child Development Associate (CDA)

credential.  Teacher assistants working toward the Associate Degree or CDA

shall make progress by completing a minimum of six documented semester hours per

year; or

(2)           meet the employment requirements outlined by the

federal "No Child Left Behind" (NCLB) legislation, and have one of

the following:

(a)           Six documented semester hours of coursework

in early childhood education, or

(b)           Two years of work experience in an early

childhood setting.

The site-level administrator shall maintain documentation

available for review by the Division of the progress toward the required

standard.

 

History Note:        Authority G.S. 110-85; 110-88; S.L.

2011-145, s. 10.7(a);

Eff. November 1, 2012.

 

10A NCAC 09 .3014          NC PRE-K Substitute Staff

(a)  When a member of the NC Pre-K teaching staff is unable

to work, a substitute staff person must be provided to maintain the staff-to-child

ratio as specified in Rule .3009 of this Section and must be able to implement

the program in accordance with this Section.  Substitute staff must be at least

18 years of age and meet the following minimum qualifications:

(1)           Requirements for short-term vacancies, when

teachers are absent from the Pre-K classroom for 15 or fewer days, include the

following:

(A)          Nonpublic Schools (Private Child Care/Pre-K Settings):

Substitutes in private settings must have at least a high school diploma or a

GED, and completed at least one course in early childhood education or child

development, such as the North Carolina Early Childhood Credential; or

(B)          Public School Settings: Substitutes must meet the

requirements of the substitute policy consistent with the local education

agency (LEA).

(2)           Requirements for long-term vacancies, when

teachers are absent from the Pre-K classroom for 16 or more attendance days,

are for substitute staff to hold at least an Associate's Degree in early childhood

education/child development or a four year degree in a related field.

(b)  Substitutes for teacher assistants must be at least 18

years of age and have a minimum of a high school diploma or a GED.

(c)  Long term vacancies shall not exceed 12 weeks.

 

History Note:        Authority G.S. 110-85; 110-88; S.L.

2011-145, s. 10.7(a);

Eff. November 1, 2012.

 

10A NCAC 09 .3015          Instructional Staff Standards

Instructional staff shall work in direct contact with

children in the Pre-K program for at least a 32.5 hour work week. In addition

to these direct, day-to-day instructional experiences, the Pre-K program must

provide adequate additional time for the instructional staff for related

instructional activities, including time for planning, scheduling and

conducting home visits, meeting with children's families, or attending required

professional development activities. These related activities shall take place

outside of the six and a half hour day of direct teacher-child contact.

 

History Note:        Authority G.S. 110-85; 110-88; S.L.

2011-145, s. 10.7(a);

Eff. November 1, 2012.

 

10A NCAC 09 .3016          Professional Development Requirements

(a)  Licensed Administrators, Teachers, and Teacher

Assistants in non-public and public schools shall participate in professional

development consistent with the NC State Board of Education policy.  The policy

can be found on the Department of Public Instruction's website at http://www.ncpublicschools.org/licensure.

(b)  Administrators, Teachers, and Teacher Assistants in

non-public school settings, working toward Pre-K qualifications shall participate

in a minimum of six documented semester hours per year.

 

History Note:        Authority G.S. 110-85; 110-88; S.L.

2011-145, s. 10.7(a);

Eff. November 1, 2012.