Section .0100 - Identifying And General Information

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
CHAPTER 10 – SUBSIDIZED CHILD CARE RULES

 

SECTION .0100 - IDENTIFYING AND GENERAL INFORMATION

 

10A NCAC 10 .0101          SCOPE

The rules in this Chapter govern the purchase of child care

services with state and federal child care funds administered by the Division.

 

History Note:        Authority G.S. 143B‑10; 143B‑153;

S.L. 1985, c. 757, s. 155(q);

Eff. October 26, 1979;

Amended Eff. April 1, 2001; February 1, 1996; July 1, 1990; February 1, 1986.

10A NCAC 10 .0102          DEFINITIONS

For the purpose of this Chapter, unless the context of the

rule indicates a different meaning, the terms listed in this Rule are defined

as follows:

(1)           "Department" means the Department of

Health and Human Services.

(2)           "Director" means the Director of the

Division of Child Development and Early Education.

(3)           "Division" means the Division of Child Development

and Early Education, Department of Health and Human Services, located at 319

Chapanoke Road, Suite 120, Raleigh, North Carolina 27603.

(4)           "Local Purchasing Agency" means the local

agency responsible for administering the state's subsidized child care program.

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

percent or greater equity interest in a child care center, family child care

home, or nonlicensed child care home.

(6)           "Private Agency" means a private, for

profit or non-profit, non-governmental entity.

(7)           "Provider" means the owner of a child

care center, family child care home, or nonlicensed child care home.

(8)           "Recipient" means the parent or

responsible adult approved for subsidized child care services pursuant to

Section .1000 of this Chapter.

(9)           "Secretary" means the Secretary of the

Department of Health and Human Services.

(10)         "Subsidized Child Care Program" means the

administrative, programmatic and fiscal activities related to the use of public

funds to pay for child care services for families.

 

History Note:        Authority G.S. 143B-153 (2a);

Eff. February 1, 1986;

Amended Eff. December 1, 2011; April 1, 2001; February 1,

1996.

 

SECTION .0200 - REQUIREMENTS FOR THE PURCHASE OF CHILD CARE

 

10A NCAC 10 .0201          APPLICABILITY

All child care providers from which child care is purchased

for eligible children with child care services funds shall adhere to the rules

of this Subchapter that apply to that type of provider.

 

History Note:        Authority G.S. 143B‑153(2a);

Eff. October 26, 1979;

Amended Eff. April 1, 2001; January 1, 1987; April 1, 1985.

 

10A NCAC 10 .0202          PAYMENT RATES

(a)  Rates for daily care purchased from a child care center

shall be established according to the procedures described in Rule .0203 of

this Section and according to the instructions included in the annual

appropriations act.

(b)  The payment rate for child care purchased from a child

care home as defined in G.S. 110‑86(3) shall be limited to the county

market rate for home-based child care established by the Department in

accordance with the annual appropriations act.

(c)  The payment rate for child care purchased from a

home-based child care arrangement which meets the requirements established by

the Social Services Commission for a nonlicensed child care home, as codified

in 10A NCAC 10 .0800, shall be limited to the county market rate for home-based

nonlicensed child care established by the Department in accordance with the

annual appropriations act.

(d)  The payment rates for daily transportation purchased

from any approved provider shall be established by the Department in accordance

with the annual appropriations act.

(e)  Payment rates for part‑time care shall be

prorated according to the number of hours per day or the number of hours per

week the child is scheduled to attend.  Payment rates for care provided by

shift or during the weekend shall be limited to the market rate or the

provider's private rate, whichever is lower.

(f)  Client fees imposed in accordance with the annual

appropriations act shall be subtracted from the county payment rate to

determine the state payment amount for an individual child.

 

History Note:        Authority G.S. 143B‑153(8)a;

Eff. January 1, 1987;

Amended Eff. April 1, 2001; August 1, 1994; July 1, 1990.

 

10A NCAC 10 .0203          RATES FOR SUBSIDIZED CHILD CARE

(a)  The payment rates for child care centers, family child

care homes, and nonlicensed child care homes are implemented in accordance with

the annual appropriations act.

(b)  Centers, as defined in G.S. 110-86(3), which are

certified as developmental day centers by the Division of Child Development and

Early Education and serve children who meet the definition of special needs set

forth in 10A NCAC 10 .0910 are exempt from the provisions of Paragraph (a) of

this Rule.  The payment rates for special needs children served in

developmental day centers are calculated by deducting the total revenues per

child month from the total costs per child month.  That rate is then multiplied

by the current inflation percentage provided by the Office of State Budget and

Management.  For typically developing children enrolled in developmental day

centers, the rates shall exclude those costs associated exclusively with

serving children with special needs.  The payment rates for special needs

children and typically developing children served in developmental day centers

are calculated every two years and are implemented as funding allows.

(c)  Any Local Purchasing Agency (LPA) approved child care

provider not included in Paragraph (b) of this Rule who provides care to

children who meet the definition of special needs set forth in 10A NCAC 10

.0910 may be paid a supplemental rate above the provider's LPA approved rate

for a particular age group.  The supplemental rate shall be based on actual

additional documented costs incurred by the provider in serving the child with

special needs. The costs shall be determined by the early intervention specialist,

the local education agency's exceptional children program specialist, the local

purchasing agency, and the provider based on the plan developed to meet the

child's individual needs.

(d)  The reimbursement of additional fees as charged by

centers is limited to registration fees.  The payment rate for registration

fees is determined by the annual appropriations act.  Registration fees may not

be paid more than twice per year per child regardless of the type of center.

(e)  Purchasing agencies may negotiate with child care

center providers for purchase of child care services at payment rates lower

than those prescribed by this Rule, only with approval from the Division.  Approval

shall be granted if it can be determined that a non-negotiated payment rate would

have a negative impact on the purchasing agency's ability to purchase

subsidized child care services, based on the following factors:

(1)           the number of children on the waiting list

for subsidized child care services;

(2)           whether the non-negotiated rates exceed the

rates for services paid by private paying families in the service area; and

(3)           the amount of subsidized child care funds

available.

(f)  Child care services funds shall not be used to pay for

services provided by the Department of Health and Human Services, Division of Public

Health or the Department of Public Instruction, Division of Exceptional

Children's Services for that portion of the service delivery costs which are

reimbursed by the Division of Public Health or Department of Public Instruction.

 

History Note:        Authority G.S. 143B-153(8)a;

Eff. January 1, 1987;

Amended Eff. March 1, 2012; April 1, 2001; February 1,

1996; December 1, 1992; July 1, 1990.

 

SECTION .0300 ‑ REQUIREMENTS FOR CHILD CARE SERVICE

FUNDS

 

10A NCAC 10 .0301          DEFINITION OF FUND

"Child Care Services Funding" means all state and

federal funds appropriated and otherwise made available to the Department of

Health and Human Services which are administered by the Division of Child

Development, to purchase or provide child care services for needy families in

programs which have been approved for participation by the Division.

 

History Note:        Authority G.S. 143B‑153(2a); S.L.

1985, c. 479, s. 95‑97;

Eff. October 26, 1979;

Filed as a Temporary Amendment Eff. July 1, 1982, for a period of 120 days to expire on October 28, 1982;

Legislative Objection Lodged Eff. July 20, 1982;

Amended Eff. April 1, 2001; February 1, 1996; February 1, 1986; August 1, 1982.

 

10A NCAC 10 .0302          DEFINITION OF SERVICES

The definition for child care services which may be

purchased with this fund is codified in 10A NCAC 10 .0903.

 

History Note:        Authority G.S. 143B‑153(2a);

Eff. October 26, 1979;

Amended Eff. April 1, 2001; February 1, 1986; July 1, 1983; July 1, 1980.

 

10A NCAC 10 .0303          ELIGIBILITY

(a)  Child care services may be provided to families

demonstrating a need for services as defined by one of the reasons for care

described in 10A NCAC 10 .0900.

(b)  Eligibility criteria for child care services are

described in 10A NCAC 10 .1000.

(c)  Eligibility for the service shall be determined by the

local department of social services or other agency authorized to determine

eligibility for child care services under the conditions described in 10A NCAC

10 .1005.

(d)  Application for the service shall be made to the agency

responsible for determining eligibility as described in Paragraph (c) of this

Rule.

 

History Note:        Authority G.S. 143B‑153(2a);

Eff. October 26, 1979;

Amended Eff. April 1, 2001; February 1, 1996; July 1, 1990; April 1, 1987; February 1, 1986.

 

10A NCAC 10 .0304          FEES

Fees for child care services are charged in accordance with

the annual appropriations act and fee policies adopted by the Social Services

Commission as codified in 10A NCAC 10 .1100.

 

History Note:        Authority G.S. 143B‑153;

Eff. October 26, 1979;

Amended Eff. April 1, 2001; July 1, 1983.

 

10A NCAC 10 .0305          PROGRAM POLICIES AND STANDARDS

All providers and local purchasing agencies receiving child

care services funding shall meet all child care services policies and

procedures as found in 10A NCAC 10.

 

History Note:        Authority G.S. 143B‑153; 143-153

(2a);

Eff. October 26, 1979;

Filed as a Temporary Amendment Eff. July 1, 1982, for a period of 120 days to expire on October 28, 1982;

Legislative Objection Lodged Eff. July 20, 1982;

Amended Eff. April 1, 2001; February 1, 1996; August 1, 1982.

 

10A NCAC 10 .0306          ALLOCATION

Funds are allocated in accordance with procedures specified

with the appropriation.  In the absence of such instructions, the funds will be

allocated according to rules adopted by the Secretary. All allocation

procedures are kept on file in the Division.

 

History Note:        Authority G.S. 143B‑153(2a);

Eff. October 26, 1979;

Amended Eff. April 1, 2001; July 1, 1990; February 1,

1986; April 1, 1985.

 

10A NCAC 10 .0307          REIMBURSEMENT

Local purchasing agencies shall key information regarding

expenditures for subsidized child care services into the Division's Subsidized

Child Care Reimbursement System on a monthly basis in order for the services to

be reimbursed.

 

History Note:        Authority G.S. 143B‑153(2a);

Eff. October 26, 1979;

Amended Eff. April 1, 2001; July 1, 1990; February 1, 1986; April 1, 1985.

 

10A NCAC 10 .0308          SANCTIONS AND APPEALS FOR FRAUDULENT

MISREPRESENTATION

(a)  The local purchasing agency shall impose sanctions for

fraudulent misrepresentation when a person, whether a provider or recipient of

child care subsidies, or someone claiming to be a provider or recipient of

child care subsidies, does the following:

(1)           With the intent to deceive, makes a false

statement or representation regarding a material fact, or fails to disclose a

material fact; and

(2)           As a result of the false statement or

representation or the omission, obtains, attempts to obtain, or continues to

receive a child care subsidy for himself or herself or for another person.

(b)  The local purchasing agency shall impose the following

sanctions for fraudulent misrepresentation in addition to requiring the recipient

or provider to repay the amount of child care subsidy for which he or she is ineligible

to receive:

(1)           After the first incidence of fraudulent misrepresentation

by a recipient, the recipient shall be ineligible to receive subsidized child

care services until overpayment is recouped in full or the local purchasing

agency shall enter into a repayment agreement with the recipient if the

recipient so desires;

(2)           After the second incidence of fraudulent

misrepresentation by a recipient, the recipient shall be ineligible to

participate in the subsidized child care program for three months; and

(A)          shall repay the overpayment in full; or

(B)          the local purchasing agency shall enter into a new

repayment agreement with the recipient if the recipient so desires;

(3)           After the third incidence of fraudulent

misrepresentation by a recipient, the recipient shall be permanently ineligible

to participate in the subsidized child care program and shall repay the

overpayment in full;

(4)           After the first incidence of fraudulent

misrepresentation by a provider, the provider shall not be paid with subsidized

child care funds for any new children who enroll in the provider's program for

12 months; and

(A)          the provider shall repay the overpayment in full; or

(B)          the local purchasing agency shall enter into a

repayment agreement with the provider if the provider so desires; and

(5)           After the second incidence of fraudulent misrepresentation

by a provider, the provider shall repay the overpayment in full, shall be

permanently ineligible to participate in the subsidized child care program, and

shall not be reimbursed for any services provided to children enrolled in the

provider’s program from the date of notification of sanction in accordance with

G.S. 150B-23(c).

(c)  If a recipient or provider enters into a repayment

agreement and fails to comply with terms of that agreement, eligibility to

participate in the subsidized child care program shall cease until repayment is

made in full or the recipient or provider and the local purchasing agency agree

to modify the repayment agreement.

(d)  Notwithstanding Subparagraphs (b)(4), (5), and (6) of

this Rule, the recipient or provider shall be permanently ineligible to

participate in the subsidized child care program if:

(1)           the total dollar amount of the fraudulent

misrepresentation exceeds ten thousand dollars ($10,000); or

(2)           the recipient or provider is convicted of

fraudulent misrepresentation pursuant to G.S. 110-107.

(e)  Sanctions pursuant to this Rule shall be effective 10

days from the date of notice of the sanction.  Appeal of a sanction shall not

stay the termination of payments under this Rule.

(f)  A child care provider may appeal any sanction imposed

in Paragraph (b) of this Rule pursuant to 10A NCAC 10 .0311 and 10A NCAC 10.

0312.  A recipient may appeal any sanction imposed in Paragraph (b) of this

Rule by following the appeals procedures pursuant to G.S. 108A-79.

(g)  When a court of competent jurisdiction finds a

recipient or provider guilty of fraudulent misrepresentation pursuant to

Subparagraph (d)(2) of this Rule, the sanction imposed is not subject to appeal

under this Section.

(h)  Nothing in this Rule shall be construed as limiting

child care services pursuant to 10A NCAC 10 .0906.

 

History Note:        Authority G.S. 143B-153;

Eff. April 1, 2001;

Amended Eff. December 1, 2011.

 

10A Ncac 10 .0309          CORRECTION OF OVERPAYMENTS AND

UNDERPAYMENTS

(a)  An overpayment made as a result of inadvertent error or

fraudulent misrepresentation by the recipient or provider as described in Rule

.0308(a) of this Section shall be recouped as follows:

(1)           From the recipient if the recipient at the

time the overpayment occurred was at least 18 years of age or older; and

(2)           By;

(A)          voluntary repayment by the recipient or provider;

(B)          involuntary repayment by pursuing court action; or

(C)          wage garnishment as permitted by law.

(b)  An overpayment made due to agency error in complying

with program rules and statutes shall be corrected by adjustment through the

state's subsidized child care payment system.

(c)  An underpayment made due to agency or provider error in

complying with program rules and statutes shall be corrected within 30 days of

discovery of the error, but the local purchasing agency is not required to

correct the underpayment if it is discovered more than 45 days from the date

the payment is made.

(d)  Appeals pursuant to this Rule shall be in accordance

with 10A NCAC 10 .0311 and 10A NCAC 10 .0312.

 

History Note:        Authority G.S. 143B-153;

Eff. April 1, 2001;

Amended Eff. December 1, 2011.

 

10A ncac 10 .0310          REQUIREMENTS FOR THE ADMINISTRATION OF

THE SUBSIDIZED CHILD CARE PROGRAM

(a)  Any agency that administers child care services funding

through the state's subsidized child care program shall maintain records of

administration of the program for a period of three years, following the final

report issued to the funding agency, or until all audits begun within the retention

period are complete, whichever is longer.

(b)  Any agency that administers the state's subsidized

child care program shall provide records of administration of the program upon

request for review by local, state, or federal agency representatives.

(c)  Upon review of agency records of administration of the

state's subsidized child care program, if it is found that child care services

funding was not spent in accordance with applicable state or federal

regulations, the Division shall require the agency to pay back funds improperly

spent.

(d)  Any agency that both administers the state's subsidized

child care program and is a provider of subsidized child care services shall

develop and implement a conflict of interest policy that shall include

provision for:

(1)           parental choice for recipients of

subsidized child care; and

(2)           separate management of the subsidized child

care program and the child care facility owned or operated by the agency.

 

History Note:        Authority G.S. 143B-153(2a);

Eff. April 1, 200l;

Amended Eff. December 1, 2011.

 

10A NCAC 10 .0311          PROVIDER APPEAL TO LOCAL PURCHASING

AGENCY

(a)  A provider or recipient wishing to contest an action

shall request an initial review with the local purchasing agency within 30

calendar days of effective date of the local purchasing agency action.

(b)  The local purchasing agency must make a determination

on the initial review within 10 calendar days of the request for an initial

review.  Within 30 calendar days of notice of the determination on the initial

review by the local purchasing agency, the provider may request a local appeal

hearing by the local purchasing agency.

(c)  The local appeal hearing shall be held within five

calendar days of when the request is received.  The local purchasing agency

shall grant a delay of up to 10 days at the written request of the provider, but

in no event shall the local appeal hearing be held more than 15 calendar days

after the receipt of the request for hearing.

(d)  The local purchasing agency must serve a written

statement of decision within 10 calendar days following the local hearing.  The

decision shall include the facts and conclusions which support the

determination by the local purchasing agency.

(e)  The local purchasing agency shall include with its

written statement of decision instructions for appealing its decision.

(f)  A provider may appeal the written statement of decision

of the local purchasing agency to the State Subsidy Services Appeals Panel by

filing a notice of appeal within 15 calendar days of receipt of the written

statement of decision.

 

History Note:        Authority G.S. 143B-153;

Eff. December 1, 2011.

 

10A NCAC 10 .0312          APPEAL TO DIVISION OF CHILD

DEVELOPMENT AND EARLY EDUCATION SUBSIDY SERVICES REVIEW PANEL

(a)  Definitions.—The following definitions apply in this

Rule:

(1)           "Appealing Party" means the

Provider or Recipient, as defined in 10A NCAC 10 .0102.

(2)           "File or Filing" means personal

delivery, delivery by certified mail, or delivery by overnight express mail to

the current Chief of Subsidy Services Section (Chief), North Carolina Division

of Child Development and Early Education (Division), 2201 Mail Service Center,

Raleigh, NC 27699-2201.  A document or paper is deemed filed as of the date it

is delivered to the Chief.  Filings addressed to a person other than the Division

Director, or which fail to be filed within the time periods established by this

Rule, or which otherwise fail to be filed in conformity with the rules in this

Section shall be considered as improper filings and denied.

(3)           "State Subsidy Services Appeals Panel"

means the North Carolina Division of Child Development and Early Education

internal review panel established under this Rule.

(b)  Appeals Panel.—The State Subsidy Services Appeals Panel

(Panel) is established.  The Panel shall be impartial and shall consist of one

representative and one alternate representative for each Section of the

Division.  Representatives and alternates shall be chosen by each Section

Chief.

(c)  Who Can Appeal.—The following persons may appeal to the

Panel after having exhausted the appeals process at the appropriate Local

Purchasing Agency:

(1)           A provider or recipient to whom a local

purchasing agency has issued a sanction pursuant to 10A NCAC 10 .0308;

(2)           A provider whom a local purchasing agency

has failed to approve for participation in or has terminated participation the

subsidized child care program pursuant to Section .0600 of this Chapter;

(3)           A provider whom a local purchasing agency

has failed to approve for participation in or has terminated participation the

subsidized child care program pursuant to Section .0700 of this Chapter; and

(4)           A provider wishing to contest the

determination of overpayment pursuant to 10A NCAC 10 .0309.

(d) Hearing.—All members of the Panel shall hear an appeal

to the Panel.  An appeal shall be filed with the Panel within 30 days of

exhausting the appeals process at the local purchasing agency as described as

follows:

(1)           The Subsidy Services Chief shall notify the

Local Purchasing Agency (LPA) that an appeal has been filed; and

(2)           Upon notification of an appeal filed

pursuant to this section, the LPA shall, within five days of the date of

notification, forward to the Chief, with a copy to the appellant:

(A)          a copy of its final decision;

(B)          the signed agreement between the LPA and the provider

or recipient, where applicable; and

(C)          all supplementary documentation considered during

the local appeals process.

(e)  The Panel shall convene and shall maintain a record of

their decision in the appeal and the reason(s) for their decision.

(f)  The Panel shall vote on each item being appealed.

(g)  Findings and decisions of the Panel shall be by

majority vote.

(h)  The Panel may obtain any form of technical assistance

or consultation relevant to the appeal in conducting the administrative review.

(i)  The Panel shall complete an administrative review and

notify the appealing party and the LPA of its decision in writing within 20

business days of the Panel's receipt of the appeal record.  The decision shall

include the facts and conclusions which support the determination by the State

Subsidy Services Appeals Panel.

(j)  Any decision shall be delayed until a subsequent

meeting if the Panel determines that it lacks sufficient information to render

a decision at the initial administrative review.

(k)  The administrative review decision shall be distributed

within 10 business days of the decision being rendered.

(l)  The appellant may appeal the administrative review

decision by filing a petition for contested case pursuant to G.S. 150B-23 and

in accordance with G.S. 110-94.  Appeals from the State Subsidy Appeals Panel

must be filed within 30 days of mailing of the Panel's decision to the parties.

(m)  Decision.—A decision may direct an LPA to take an

action or to refrain from taking an action.

 

History Note:        Authority G.S. 143B-153;

Eff. December 1, 2011.

 

10A NCAC 10 .0313          EFFECT OF ADMINISTRATIVE ACTION ISSUED

AGAINST PROVIDER

(a)  All child care subsidy payments made pursuant to a

Provider Agreement shall terminate 45 days after issuance of an administrative

action revoking, summarily suspending, or denying a license to operate a child

care facility issued pursuant to G.S. 110-90.

(b)  An appeal of an administrative action revoking,

summarily suspending, or denying a license does not stay the termination of

approval to participate in the state's Subsidized Child Care Program.  If under

appeal, the maximum time period during which payments from the state's

Subsidized Child Care Program may be made is 45 days from the date on the

notice of the administrative action.  A provider subject to administrative

action as described in this Paragraph shall not be paid with subsidized child

care funds for any new children enrolled after the date on the notice of the

administrative action.

(c)  A child care provider who has received an

administrative action revoking or denying a license by the Division of Child

Development and Early Education, or who is currently under summary suspension, is

ineligible to participate in the state's Subsidized Child Care Program as a

nonlicensed child care home.

 

History Note:        Authority G.S. 143B-153;

Eff. December 1, 2011.

 

SECTION .0400 – START-UP FUNDS

 

10A NCAC 10 .0401          DEFINITION OF START-UP FUNDS

10A NCAC 10 .0402          Review Criteria For START-UP Funds

 

History Note:        Authority G.S. 143B-10; 143B-153(2a);

Eff. January 16, 1980;

Amended Eff. April 1, 2001; July 1, 1990; February 1,

1986;

Repealed Eff. December 1, 2011.

 

SECTION .0500 ‑ REQUIREMENTS FOR CONTRACTS WITH PRIVATE

AGENCIES

 

10A NCAC 10 .0501          SCOPE

The rules of this Section shall apply to all private

agencies administering the state subsidized child care program, in accordance

with the rules in this Chapter, within any geographical area of North Carolina under contractual arrangement with the Department of Health and Human

Services or a local department of social services.

 

History Note:        Authority G.S. 143B‑153(2a);

Eff. July 1, 1992;

Amended Eff. April 1, 2001.

 

10A NCAC 10 .0502          APPROVAL

(a)  All contracts with private agencies administering the

state subsidized child care program shall be approved by the Department prior

to their execution.

(b)  Each private agency administering the subsidized child

care program shall provide to the Department, prior to execution of a contract

to administer the program, a complete and detailed copy of its budget,

including both income and expenditures.  If requested by the Department, the

private agency shall demonstrate to the satisfaction of the Department

sufficient dependable sources of income to insure its continued operation

during the contract period.

 

History Note:        Authority G.S. 143B‑153(2a);

Eff. July 1, 1992;

Amended Eff. April 1, 2001.

 

10A NCAC 10 .0503          LENGTH OF CONTRACT

Contracts with private agencies to administer the state

child care program shall be for a term not to exceed one year and shall expire

on or before the end of the state fiscal year.

 

History Note:        Authority G.S. 143B‑153(2);

Eff. July 1, 1992;

Amended Eff. April 1, 2001.

 

10A NCAC 10 .0504          ADMINISTRATION OF FUNDS

State and federal funds for child care services shall be

disbursed only as reimbursement to an agency for funds previously paid by the

agency to child care providers for child care services.

 

History Note:        Authority G.S. 143B‑153(2a);

Eff. July 1, 1992;

Amended Eff. April 1, 2001.

 

10A NCAC 10 .0505          ADMINISTRATION OF PROGRAM

(a)  Each agency administering the subsidized child care

program shall exercise any powers and duties delegated to it under this Chapter

or under contract in a fair and impartial manner.  It shall not discriminate

with respect to any child care parent or child care provider in reaction to any

complaint lodged with or against the agency by that parent or child care

provider or in reaction to any opposition or support expressed by that parent

or child care provider to a position taken by the agency on any child care

issue.  It shall comply fully with the parental freedom of choice provisions of

10A NCAC 10 .0909.

(b)  An agency determined by the Secretary or his designee

to have violated the provisions of this Rule shall be ineligible to contract

for administration of the subsidized child care program funds for a period

determined by the Secretary of up to three years from the date of the

Secretary's determination that a violation has occurred.  Determinations by the

Secretary or his designee may be appealed pursuant to G.S. 150B‑23 by the

agency or by the complainant if that person or entity is the person or entity

aggrieved as defined in G.S. 150B-2.

 

History Note:        Authority G.S. 143B‑153(2a);

Eff. July 1, 1992;

Amended Eff. April 1, 2001.

 

10A NCAC 10 .0506          RECORDS

(a)  If the private agency is organized as a corporation or

unincorporated association, it shall upon request of the Department or other

contractor, open its minute books of meetings of directors, shareholders, or

members for inspection.

(b)  Each private agency administering state child care

funds shall maintain records of all receipts and disbursements for a period of

three years following the final report issued to the funding agency, or until

all audits begun within the retention period are complete, whichever is longer.

(c)  If a private agency ceases operation, it shall provide

the Department with copies of the records specified in this Rule.

(d)  Each private agency administering state or federal

child care services funds shall have a written policy for the inspection,

examination, and copying of records maintained by the agency.  The written

policy shall comply with the provisions of Chapter 132 of the General Statutes.

 

History Note:        Authority G.S. 143B-153(2a);

Eff. July 1, 1992;

Amended Eff. December 1, 2011; April 1, 2001.

 

SECTION .0600 - REQUIREMENTS FOR CHILD CARE CENTERS

 

10A NCAC 10 .0601          STANDARDS FOR CENTERS PARTICIPATING IN

THE subsidized child CARE PROGRAM

(a)  Any center which wishes to participate in the state

Subsidized Child Care Program as defined in 10A NCAC 10 .0102 shall satisfy

applicable state child care requirements as codified in 10A NCAC 09, and must

be approved by the local purchasing agency for participation and payment.

(b)  Any center not required by G.S. 110 to be licensed,

except for religious-sponsored centers operating in accordance with G.S.

110-106, shall be licensed in order to participate in the state's Subsidized

Child Care Program.

(c)  The operator of any center in the Subsidized Child Care

Program shall assure that the center complies with all applicable provisions of

the Civil Rights Act of 1964 and all requirements imposed thereunder.

(d)  Each child care center shall submit appropriate

information to enable the local purchasing agency to establish a payment rate

for the center in accordance with the rate setting policies in the annual

appropriations act and codified in Section .0200.

 

History Note:        Authority G.S. 143B‑153(2a);

Eff. February 1, 1986;

Amended Eff. April 1, 2001; March 1, 1996; July 1, 1990.

 

10A ncac 10 .0602          APPROVAL

AND CONTINUED PARTICIPATION IN THE SUBSIDIZED CHILD CARE PROGRAM

(a)  Application for approval to participate in the state's

Subsidized Child Care Program shall be made to the local purchasing agency.

(b)  Any center approved for participation in the Subsidized

Child Care Program shall continue to be eligible for as long as the center

maintains compliance with all of the requirements set forth in this Subchapter.

(c)  When a center is found to be out of compliance with any

requirement for participation, the Division shall set a time limit for

compliance.  The Division shall base the time limit on the length of time

projected to be needed for the center to comply with the requirement.  If the

center fails to comply within the set time limit, approval may be terminated.

(d)  Upon request for review by a local, state, or federal

agency representative, the operator of a center shall provide records

pertaining to his or her participation in the state's Subsidized Child Care

Program.

 

History Note:        Authority G.S. 143B‑153(2a);

Eff. February 1, 1986;

Amended Eff. April 1, 2001; February 1, 1996.

 

10A NCAC 10 .0603          APPEALS

 

History Note:        Authority G.S. 143B-153(2a); 150B-23;

Eff. February 1, 1986;

Amended Eff. April 1, 2001; July 1, 1990;

Repealed Eff. December 1, 2011.

 

SECTION .0700 - REQUIREMENTS FOR FAMILY CHILD CARE HOMES

 

10A ncac 10 .0701          STANDARDS FOR FAMILY CHILD CARE HOMES

PARTICIPATING IN THE SUBSIDIZED CHILD CARE PROGRAM

(a)  Any family child care home which wishes to participate

in the state subsidized child care program as defined in 10A NCAC 10 .0102

shall comply with the standards for family child care homes as codified in 10A

NCAC 09 .1700 and all other applicable state family child care home

requirements in 10A NCAC 09 and G.S. 110 Article 7.

(b)  The operator of any family child care home

participating in the subsidized child care program shall assure that the home

complies with all applicable provisions of the Civil Rights Act of 1964 and all

requirements imposed therein.

(c)  Any family child care home that wishes to participate

in the subsidized child care program must be approved by the local purchasing

agency for participation and payment.

(d)  Each family child care home shall submit appropriate

information to enable the local purchasing agency to establish a payment rate

for the home in accordance with the rate setting policies in the annual

appropriations act and codified in Section .0200.

(e)  Approval indicates that all requirements have been met.

 

History Note:        Authority G.S. 143B‑153;

Eff. January 1, 1985;

Amended Eff. April 1, 2001; February 1, 1996; July 1, 1990.

 

10A ncac 10 .0702          APPROVAL AND CONTINUED PARTICIPATION

IN THE SUBSIDIZED CHILD CARE PROGRAM

(a)  Any family child care home approved for participation

in the subsidized child care program shall continue to be eligible for as long

as the home maintains compliance with all of the requirements set forth in this

Subchapter.

(b)  When a home is found to be out of compliance with any

requirement for participation, the Division shall set a time limit for

compliance.  The Division shall base the time limit on the length of time

projected to be needed for the home to comply with the requirement.  If the

home fails to comply within the set time limit, approval shall be terminated.

(c)  Upon request for review by a local, state or federal

agency representative, the operator of a family child care home shall provide

records pertaining to his or her participation in the state's subsidized child

care program. 

 

History Note:        Authority G.S. 143B‑153(2a);

Eff. January 1, 1988;

Amended Eff. April 1, 2001; February 1, 1996.

 

10A NCAC 10 .0703          APPEALS

 

History Note:        Authority G.S. 143B-153(2a); 150B-23;

Eff. January 1, 1988;

Amended Eff. April 1, 2001; July 1, 1990;

Repealed Eff. December 1, 2011.

 

SECTION .0800 - REQUIREMENTS FOR NONLICENSED CHILD CARE HOMEs

 

10A NCAC 10 .0801          DEFINITION

(a)  "Nonlicensed" child care home

means an arrangement whereby child care is provided in a home that is not

subject to licensure pursuant to G.S. 110-86(2) - (3) or the requirements of

G.S. 110-106.  Payment for care in the child's home by a member of the

household shall be restricted to household members other than the child's

parents, responsible adult, or other members of the child's income unit as

defined in 10A NCAC 10 .1002.  Grandparents, aunts, and uncles, including step

and great relationships, are exempt from meeting the requirements in Rules

.0809 - .0810 of this Section, except that criminal history records check

requirements in G.S. 110-90.2 shall apply.

(b)  The rules in this Chapter shall apply

only to those nonlicensed homes as defined in this Rule which voluntarily

choose to participate in the state subsidized child care program.

 

History Note:        Authority G.S. 110-90.2; 143B-153(2a);

Eff. February 1, 1993;

Amended Eff. April 1, 2001.

 

10A NCAC 10 .0802          DIVISION RESPONSIBILITY

(a)  The Division, as defined in 10A NCAC 10

.0102, is responsible for the administration of the requirements and procedures

for approving nonlicensed child care homes in which child care funds

administered by the local purchasing agency are used to subsidize the child

care cost for children of families eligible for assistance.

(b)  The number of nonlicensed child care home

arrangements that shall be visited by the Division for the purpose of

evaluating compliance with the requirements for participation in the subsidized

child care program shall be included in the monitoring plan developed annually

by the Division.

(c)  All complaints registered against

nonlicensed child care homes shall be investigated by the Division.  The

investigation may include an on-site visit by an authorized representative of

the Department.

(d)  Documentation of substantiated complaints

shall be available for parents to examine.

 

History Note:        Authority G.S. 143B-153(2a);

Eff. February 1, 1993;

Amended Eff. April 1, 2001; February 1, 1996.

 

10A NCAC 10 .0803          LOCAL PURCHASING AGENCY RESPONSIBILITY

(a)  The local purchasing agency shall review the

application and parent/responsible adult-provider self-check list and shall

determine compliance with the rules adopted by the Social Services Commission

for all nonlicensed child care homes from which care is purchased with funds

administered by the local purchasing agency.

(b)  The county director of social services shall deny or

revoke approval of an arrangement where the caregiver or an individual who

resides in the home where care is provided was found by the county director to

be the perpetrator of abuse or neglect in accordance with G.S. 7B-302 or G.S.

108A, Article 6, and where approval of the arrangement poses a threat to the

child's health or safety.  Approval shall also be denied or revoked as

described under the standard set forth in this Rule when an investigation of

abuse or neglect is currently in process.  Information regarding the fact that

the prospective provider or individual in the home has been reported or

investigated for alleged abuse or neglect shall not be given to the parent or

any other individual unless such information is a matter of public record.

(c)  The local purchasing agency shall deny or revoke

approval of an arrangement when the nonlicensed caregiver or an individual who

resides in the home where care is provided is named on the Responsible

Individuals List (RIL) as defined in G.S. 7B-311(b).

 

History Note:        Authority G.S. 143B-153(2a); 45 C.F.R.

98.41; 45 C.F.R. 255.4(c); 45 C.F.R. 257.41;

Eff. February 1, 1993;

Amended Eff. December 1, 2011; April 1, 2001.

 

10A NCAC 10 .0804          INITIAL APPROVAL

(a)  Approval indicates that all applicable requirements

have been met.

(b)  Temporary approval may be issued when an arrangement

does not comply with all requirements but is expected to meet them within a

specified period.  Temporary approval for enrollment may be issued for a

limited period of time not to exceed 30 days.  When a provider requests that

temporary approval be extended, and provides evidence or documentation that

compliance can be achieved within a mutually agreed upon time period, the

purchasing agency may extend the 30 day period. 

(c)  When a provider fails to achieve compliance before the

end of the specified time period described in Paragraph (b) of this Rule,

approval may be denied.

(d)  Initial approval shall not be issued pending results

from criminal records checks of the provider and other household members unless

there is no other care arrangement available for the child and local criminal

records checks have been submitted to the local purchasing agency.

 

History Note:        Authority G.S. 143B-153(2a);

Eff. February 1, 1993;

Amended Eff. April 1, 2001.

 

10A NCAC 10 .0805          MAINTAINING APPROVAL

(a)  When a provider is found to be out of compliance at any

time with any requirement for participation, the local purchasing agency or the

Division shall set a specified time limit for compliance.  If the provider fails

to comply within the specified time limit, approval may be terminated.

(b)  Each nonlicensed child care home shall be evaluated for

compliance with the requirements for participation in the subsidized child care

program annually as described in Rule .0803 in this Section.

(c)  Upon request for review by a local, state, or federal

agency representative, the operator of a nonlicensed child care home shall

provide records pertaining to his or her participation in the state's

subsidized child care program.

 

History Note:        Authority G.S. 143B-153(2a);

Eff. February 1, 1993;

Amended Eff. April 1, 2001; February 1, 1996.

 

10A NCAC 10 .0806          PAYMENT REQUIREMENTS

(a)  Any nonlicensed child care home that wishes to

participate in the state subsidized child care program, as defined in 10A NCAC

10 .0102, shall comply with the requirements for nonlicensed child care homes codified

in Rules .0809, .0810 and .0811 of this Subchapter, except as specified in Rule

.0801 of this Section.

(b)  In order to receive payment for subsidized child care,

any nonlicensed child care home arrangement must be enrolled in the subsidized

child care program and be in compliance with all applicable requirements of

this Subchapter.

(c)  Each nonlicensed child care home shall submit

appropriate information to enable the local purchasing agency to establish a

payment rate for the home in accordance with the rate setting policies in the

annual appropriations act and codified in Section .0200.

 

History Note:        Authority G.S. 143B-153(2a);

Eff. February 1, 1993;

Amended Eff. April 1, 2001.

 

10A NCAC 10 .0807          APPEALS

Any nonlicensed child care home desiring to appeal a

decision by the local purchasing agency shall follow the appeals procedures for

public assistance programs pursuant to G.S. 108A-79 and any subsequent

amendments.  The local purchasing agency shall provide the nonlicensed child

care home provider or applicant with information about the procedures for such

an appeal.

 

History Note:        Authority G.S. 143B-153(2a);

Eff. February 1, 1993;

Amended Eff. April 1, 2001.

 

10A NCAC 10 .0808          APPLICABILITY OF RULES

The rules of this Subchapter, including any

subsequent amendments, shall also apply to nonlicensed home recipients of Child

Care and Development Fund child care services funds administered by the

Department of Health and Human Services.

 

History Note:        Authority G.S. 150B‑21.6; 45 C.F.R.

98.11(b); 45 C.F.R. 98.40;

Eff. February 1, 1993;

Amended Eff. April 1, 2001.

 

10A NCAC 10 .0809          PARENT‑PROVIDER CHECKLIST

Prior to approval, each provider shall submit a checklist to

the local purchasing agency that indicates compliance with all applicable

requirements.  The checklist shall be completed and signed by the provider and

the parent or responsible adult.

 

History Note:        Authority G.S. 143B‑153(2a);

Eff. February 1, 1993;

Amended Eff. April 1, 2001.

 

10a NCAC 10 .0810          HEALTH AND SAFETY STANDARDS

Each nonlicensed child care home shall comply with the

following requirements in order to maintain a safe, healthy and sanitary

environment for children:

(1)           A health and emergency information form completed and

signed by the child's parent or guardian shall be on file for each child who

attends.  The completed form shall be on file on the first day the child

attends with the exception of the child's immunization record which must be

completed within 30 days after the first day the child attends.  A recommended

form is available from the Division.  However, the provider may use another

form, provided that 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 specific instructions from the child's parent

or health professional;

(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

health provider and preferred hospital;

(g)           authorization for the provider to administer

specified medication according to the parent's instructions, if the parent so

desires;

(h)           authorization for the provider to seek

emergency medical care in the parent's absence;

(i)            a record of the child's immunizations as

required pursuant to G.S. 130A‑152.

(2)           The parent and provider shall discuss and agree

upon the methods of discipline to be used with each child.  The use of corporal

punishment by the nonlicensed home operator, substitute caregiver, or any other

person in the home, is prohibited except as allowed in G.S. 110-101.1.  No

child shall ever be placed in a locked or closed room, closet, or box.

(3)           All areas used by the children, indoors and

outdoors, shall be kept clean and orderly and free of items which are hazardous

to children.  Hazardous materials such as combustibles, medications, and

cleaning supplies shall be kept in locked storage or stored out of the reach of

children. Firearms and ammunition shall be kept separate and both shall be kept

in locked storage.  Any in-ground pools on the premises shall be enclosed by a

fence four feet high to prevent chance access by children.  Access to

above-ground pools on the premises shall be prevented by locking and securing

the ladder in a place or storing the ladder in a place inaccessible to the

children.

(4)           First‑aid supplies shall be kept in a place

easily accessible to the provider but out of the reach of children.

(5)           The nonlicensed home provider shall have access to

a working telephone in case of emergency.  A written plan shall be developed

that describes how the provider will access emergency assistance.  Emergency

phone numbers shall be readily available.

(6)           To assure the safety of children whenever they are

transported, the provider, or any other transportation provider, shall comply

with all applicable state and federal laws concerning the transportation of

passengers.  All children, regardless of age or location in the vehicle, shall

be restrained by individual seat belts or child restraint devices.  Children

shall never be left in a vehicle unattended by an adult.

(7)           Garbage shall be stored in waterproof containers

with tight fitting covers.

(8)           The provider shall have sanitary toileting

facilities, and sanitary diaper changing and handwashing facilities.

(9)           Soiled diapers shall be placed in a covered leak‑proof

container which is emptied and cleaned daily.

(10)         The provider shall wash his or her hands after

toileting and after diapering each child, and before and after feeding children

or handling food.

(11)         The provider shall complete and keep on file the

health self‑questionnaire form provided by the Division.

(12)         Each provider shall obtain written proof that she is

free of active tuberculosis prior to initial approval.  The results indicating

the individual is free of active tuberculosis shall be obtained within 12

months prior to applying for participation in the subsidized child care

program. 

(13)         The provider shall serve nutritious meals and snacks

appropriate in amount and type of foods served for the ages of children in

care.

(14)         The provider shall provide daily opportunities for

supervised outdoor play or fresh air, weather permitting.

(15)         The provider shall assure that the structure in

which the nonlicensed home arrangement is located has clean drinking water, a

sanitary disposal system, weather‑tight construction, and is otherwise

safe for human habitation.  Indoor areas used by children shall be heated in

cool weather and ventilated in warm weather.  The nonlicensed home arrangement

shall be free of rodents.

(16)         Fuel burning heaters used when the children are in care

shall be properly vented to the outside.  Fuel burning heaters, fireplaces,

stoves, and portable electric heaters, when in use, shall have a securely

attached guard.

(17)         A battery‑operated smoke detector shall be

installed in the primary caregiving area of each nonlicensed child care home.

(18)         The nonlicensed home provider shall refrigerate all

perishable food and beverages in a working refrigerator in good repair.

(19)         The provider shall successfully complete a basic

first aid course within three months of beginning participation in this

program.  The provider shall renew the basic first aid course every three

years.

(20)         The nonlicensed home provider shall submit to the

local purchasing agency criminal record check information required in 10A NCAC

09 .2704, for himself or herself and for any member of the household who is

over 15 years of age and present when children are in care, within five working

days of applying to participate in the subsidized child care program.

 

History Note:        Authority G.S. 110-90.2(a)(2); 143B‑153(2a);

Eff. February 1, 1993;

Amended Eff. April 1, 2001; February 1, 1996; February 1, 1994.

 

10A NCAC 10 .0811          PROVIDER REQUIREMENTS

(a)  Each provider shall ensure that the parent or adult

legally responsible for the child has unlimited access to his or her child and

to the provider during the hours care is provided.

(b)  No person shall be permitted to participate as a child

care provider in the subsidized child care program:

(1)           who has been convicted of a crime involving

child abuse, child neglect, or moral turpitude;

(2)           who is an habitually excessive user of

alcohol;

(3)           who illegally uses narcotics or other

impairing drugs;

(4)           who is mentally or emotionally impaired to

an extent that may be injurious to children;

(5)           who the Division has disqualified based on

the provider's criminal history; or

(6)           when the Division has disqualified an individual

residing in the provider’s home based on the household member's criminal

history.

(c)  The provider shall be at least 18 years of age.

 

History Note:        Authority G.S. 143B‑153(2a);

Eff. February 1, 1993;

Amended Eff. April 1, 2001.

 

SECTION .0900 ‑ GENERAL POLICIES FOR PROVISION OF

SUBSIDIZED CHILD CARE SERVICES

 

10A NCAC 10 .0901          SCOPE

The rules of this Subchapter set forth general

policies governing conditions for the provision of subsidized child care

services under the funding sources administered by the Division.  General

policies include methods of service provision, definition of the service, and

eligibility criteria.

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 1983;

Amended Eff. April 1, 2001; February 1, 1996; July 1, 1990.

 

10A NCAC 10 .0902          METHODS OF SERVICE PROVISION

(a)  Child care services may be provided directly by a

Department of Health and Human Services agency or the county departments of

social services or may be provided through contractual arrangement.

(b)  The service must be provided in child care facilities

or arrangements that meet rules adopted by the Social Services Commission.

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 1983;

Amended Eff. April 1, 2001.

 

10A NCAC 10 .0903          DEFINITION OF SERVICE

(a)  Primary Service.  Child care services means the

provision of protection, care and developmental experiences to children ages

birth to 18 years, for a portion of a day but less than 24 hours, in the

child's own home, in the home of a caregiver, or in a child care center.  Each

type of care arrangement shall meet all state and federal standards applicable

to such arrangements.  Services include providing information to families and

the community about what constitutes a good child care experience and assisting

eligible families as needed with the cost of purchasing the child care service

consistent with state policies.  In addition, transportation may be included in

child care services.  For each type of care arrangement, the equipment and

materials necessary to carry out the daily program of activities shall be

included in the services provided.

(b)  Component.  Transportation, when needed and not

otherwise available, shall be provided to access child care programs for

persons receiving services in conjunction with protective services.

Transportation, when needed and not otherwise available, may be provided to

access child care services for other persons who are eligible for child care

services.

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 1983;

Amended Eff. April 1, 2001; February 1, 1996.

 

10A NCAC 10 .0904          OPTIONAL PROVISION OF SERVICES

(a)  Notwithstanding other rules in this Chapter, child day

care services may be provided to children in counties receiving Smart Start

funds authorized by G.S. 143B, Part 10B of Article 3, provided that the child

care services are included in the local partnership's approved Smart Start

plan.

(b)  When the availability of funding is less than the

amount needed to serve all eligible children, the local agency responsible for

determining child eligibility for subsidized child care services may establish

the priority for serving families.  The order of priority shall be stated in

writing and made available to applicants for child care assistance.

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 1983;

Amended Eff. April 1, 2001; March 1, 1996; February 1,

1994; July 1, 1990.

 

10A NCAC 10 .0905          SUPPORT TO EMPLOYMENT: TRAINING FOR

EMPLOYMENT

(a)  Child care services shall be provided to support

employment of the child's parents or responsible adult.

(b)  Child care services shall be provided to support

training leading to employment of the child's parents or responsible adult.

(c)  Where a parent or responsible adult remains in the home

and is capable of providing care for the child, child care services shall not

be provided as a support for employment or training.  Where it is determined

that such parent is incapable of providing care for the child, the reasons for

this determination shall be documented in the client record.

(d)  Child care services may be provided when the parent or

responsible adult is engaged in gainful employment on either a full‑time

or part‑time basis.

(e)  Where the parent or responsible adult is temporarily

absent from work with arrangements to continue the same employment, child care

services shall continue for at least 30 days.  Where an absence from work

extends beyond 30 days, the agency responsible for determining eligibility

shall determine on the basis of individual circumstances whether child care

shall continue beyond that time period.  Where child care is continued beyond

30 days, the reasons for such extension shall be documented in the client's

record.

(f)  Where a parent is unemployed but is seeking employment,

child care services shall be provided for at least 30 days if the parent is

already receiving subsidized child care services or the parent or responsible

adult is enrolled in a job search activity as part of an approved

employment/training plan.  Continuation of the service may be extended if the

agency determines such extension is warranted, provided the reason for the

extension is documented in the client's record.

(g)  For purposes of this Rule, training leading to

employment shall include the following:

(1)           continuation of high school within the

school system;

(2)           basic education or a high school education

or its equivalent in community colleges or technical institutes; and

(3)           post secondary education or skills

training, up to a maximum of two years enrollment.

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 1983;

Amended Eff. April 1, 2001; March 1, 1996; July 1, 1990.

 

10A NCAC 10 .0906          SUPPORT FOR PROTECTIVE AND CHILD

WELFARE SERVICES

(a)  Child care services shall be provided when needed to

enable a child to remain in his own home when receiving protective services for

children.  The child must be receiving protective services through the local

department of social services pursuant to G.S. 7B.

(b)  Child care services shall be provided to children who

need child care as a support to Child Welfare Services.  Child Welfare Services

means the protection from abuse, neglect, or dependency; or support to the

provision of a safe permanent home as described in G.S. 7B-101; G.S. 7B-300;

G.S. 48-1-101; G.S. 108A-14 (11) and (12); G.S. 108A-48; 10A NCAC 70A; and 10A

NCAC 70B.

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 1983;

Amended Eff. April 1, 2001.

 

10A NCAC 10 .0907          PROMOTE CHILD'S DEVELOPMENT

(a)  Child care services shall be provided to

a child whose emotional, cognitive, social or physical development is delayed

or is at risk of being delayed.

(b)  This service may be provided by any

approved center or home which meets the child's need for developmental care.

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 1983;

Amended Eff. April 1, 2001; July 1, 1990.

 

10A NCAC 10 .0908          LIMITATIONS

(a)  Child care services as a support for protective

services shall not be provided to children living in foster care arrangements.

(b)  Child care services as a support for training leading

to employment for the parent or responsible adult shall not be provided when

the parent is participating in graduate or post‑graduate studies.

(c)  Child care services are limited to a total of two years

when the parent or responsible adult is enrolled in a post-secondary degree

program.

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 1983;

Amended Eff. April 1, 2001; February 1, 1996; July 1, 1990.

 

10A NCAC 10 .0909          PARENTAL FREEDOM OF CHOICE

(a)  Parents receiving assistance for their children through

the subsidized child care program shall choose any child care provider,

approved for participation in the subsidized child care program under Sections

.0600, .0700, or .0800 of these Rules, to provide child care services for their

eligible children.  The parent's choice of provider shall be accepted when

there is space available in the facility and the child's enrollment will not

violate the provider's licensed capacity.

(b)  Purchasing agencies administering funds through the

subsidized child care program shall notify parents applying for participation

in the program of their right to choose the approved child care provider which

will provide child care services to their eligible children.

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 1991;

Amended Eff. April 1, 2001.

 

10A NCAC 10 .0910          DEFINITION OF SPECIAL NEEDS CHILD

(a)  As used in this Chapter a special needs child is one

who qualifies under one or more of the criteria listed in this Paragraph:

(1)           a child who is determined by the Division

of Public Health, Children's Developmental Service Agency, to be

developmentally delayed or have an established condition pursuant to 10A NCAC

43G .0110; including subsequent amendments; or

(2)           a child who is determined by the local

educational agency (LEA) to have a disability as defined in G.S. 115C-106.3.

A copy of 10A NCAC 43G .0110 may be obtained from the Office

of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina,

27699-6714, (919) 431-3000.

(b)  The agency determining eligibility for the services

shall have on file an Individualized Education Program (IEP) as defined in G.S.

115C-106.3, an Individualized Family Service Plan (IFSP) as defined in 10A NCAC

27G .0903, a Section 504 Plan as defined in 29 USC 794 or a Person Centered

Plan (PCP) as defined in 10A NCAC 70G .0402 to document the "special

need" or "disability".

(c)  Eligibility for the supplemental rate is contingent

upon the provider's compliance with the activities designated for the provider

in the child's individualized plan.

 

History Note:        Authority G.S. 143B-153(2a);

Eff. December 1, 1992;

Amended Eff. December 1, 2011; April 1, 2001; February 1,

1996.

 

SECTION .1000 ‑ ELIGIBILITY FOR SERVICES

 

10A NCAC 10 .1001          BASIC ELIGIBILITY CRITERIA

In addition to the requirements of 10A NCAC .0900, in order

for an individual to be determined eligible to receive subsidized child care

services, it must be established that he or she is eligible on the basis of

income eligible status, unless the service is available without regard to

income as referenced in Rule .1004 of this Section.

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 1983;

Amended Eff. April 1, 2001; February 1, 1996; October 1, 1991; July 1, 1990.

 

10A NCAC 10 .1002          INCOME ELIGIBLE STATUS

(a)  For the purpose of the rules in this Subchapter, the

term "income unit" shall apply to persons who reside in the same

household and who, according to North Carolina law, are responsible for the

financial support of the individual whose eligibility for child care services

is being determined.  Also for the purpose of determining eligibility for child

care services, the terms "income unit" and "family" are

used interchangeably in the rules in this Subchapter.

(b)  When the amount of income available to an individual is

a condition of eligibility for child care services, it is necessary to

determine the number of persons in the individual's income unit and the amount

of the gross income available to the income unit.  The number of individuals in

the income unit is referred to as the "income unit size" or

"family size".  These terms are used interchangeably in the rules in

this Subchapter.  The total amount of the income used to determine child care

eligibility is referred to as the "gross income of the income unit"

or "family income".  These terms are used interchangeably in the

rules in this Subchapter.

(c)  Child care services may be provided to individuals

other than those described in 10A NCAC 10 .0906 and in Rule .1004 of this

Section provided the gross annual income of the individual's income unit does

not exceed the state's maximum income eligibility limit (as defined in Rule

.1003 of this Section) for the number of persons in that income unit.

(d)  The following are defined as separate income units for

the purposes of determining eligibility and client fees for child care

services:

(1)           Biological and adoptive parents and their

minor children.  A step-parent shall be included in the income unit with

his/her spouse when the children in need of care include their biological or

adoptive child and step-siblings;

(2)           A minor parent and his or her children;

(3)           Each adult whether related or unrelated,

other than spouses; and

(4)           Each child living with anyone other than

their biological or adoptive parents.

(e)  Income to be considered when computing the gross income

of the income unit is as follows:

(1)           Gross earned wages or salary (earnings

received for work performed as an employee, including wages, salary,

commissions, tips, piece-rate payments, and cash bonuses earned, before any

deductions are made for taxes, bonds, pensions, union dues, etc.);

(2)           Adjusted gross income from taxable

self-employment income;

(3)           Social Security benefits (includes Social

Security pensions, survivors' benefits and permanent disability insurance

payments);

(4)           Dividends, interest (on savings or bonds),

income from estates or trusts, royalties, adjusted gross rental income on

houses, stores or other property;

(5)           Pensions and annuities paid directly by an

employer or union or through an insurance company;

(6)           Workers' compensation for injuries incurred

at work.;

(7)           Unemployment insurance benefits;

(8)           Alimony (includes direct and indirect payments,

such as rent and utility payments);

(9)           Child support, direct or indirect;

(10)         Pensions paid to veterans or survivors of

deceased veterans;

(11)         On-the-Job Training (OJT) payments;

(12)         Job Training Partnership Act (JTPA) payments

made to an adult;

(13)         AmeriCorps stipend (living allowance);

(14)         Armed Forces pay (only the amounts taxable,

such as base pay);

(15)         Work release payments;

(16)         Cherokee Tribal Per Capita Income paid to

adult family members;

(17)         Work-study payments, if the income is from a

program not administered under Title IV of the Higher Education Act or the

Bureau of Indian Affairs; and

(18)         Recurring cash contributions paid directly

to the parent.

(f)  The following sources of income shall not be counted

when computing the gross income of the income unit:

(1)           Work First Family Assistance;

(2)           Supplemental Security Income (SSI);

(3)           Lump sum payments (e.g. Social Security

benefits, workers' compensation, alimony, veteran's benefits, HUD);

(4)           Foster care assistance payments;

(5)           Adoption Assistance payments;

(6)           Payments/trust funds under the Indian

Claims Commission;

(7)           Payments from the Alaska Native Claims

Settlement Act;

(8)           Income from sale of personal assets

(stocks, bonds, house, car, and insurance);

(9)           Bank withdrawals;

(10)         Money borrowed;

(11)         Tax refunds;

(12)         Gifts or contributions;

(13)         Other in-kind contributions from non-legally

responsible adults;

(14)         Emergency Assistance, Low Income Energy

Assistance Program, Crisis Intervention Program, General Assistance, or

CP&L Share Program payments;

(15)         Section VIII housing subsidy;

(16)         Capital gains;

(17)         Value of food stamp benefits allotted under

the Food Stamp Act of 1977;

(18)         Free and reduced lunch program;

(19)         Any and all food subsidy programs;

(20)         Relocation/Acquisition Act payments;

(21)         Earnings of a dependent child under 18 years

of age, unless a minor parent of a child needing child care;

(22)         Loans, grants, scholarships, money received

through job training, Pell or Carl Perkins grants;

(23)         Home produce utilized for household

consumption;

(24)         Volunteers in Service to America (VISTA)

earnings;

(25)         Payments received as Earned Income Tax

Credits or Dependent Care Credits;

(26)         All subsidized housing and housing

allotments, including military housing allotments.  If rent is provided by an

organization on a regular basis, it shall be counted as income;

(27)         Money received from an employer as an

employee benefit for child care; and

(28)         Work-study payments, if the income is from

the College Work-Study Program administered under Title IV of the Higher

Education Act or the Bureau of Indian Affairs.  (Likewise, if the income from

college work-study goes directly to the college, it is not counted as income.)

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 1983;

Amended Eff. April 1, 2001; February 1, 1996; July 1, 1992; October 1, 1991.

 

10A NCAC 10 .1003          INCOME ELIGIBILITY LEVELS

The maximum gross annual incomes for eligibility for

subsidized child day care services, adjusted for family size, shall be

established by the annual appropriations act.

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 1983;

Amended Eff. April 1, 2001; July 1, 1992.

 

10A ncac 10 .1004          WITHOUT REGARD TO INCOME

Child care services shall be provided without regard to

income for:   

(1)           children described in 10A NCAC 10 .0906(b)

who need child care services as a support for Child Welfare Services;

(2)           children receiving foster care services who

are in the custody of the county department of social services and are residing

in licensed foster care homes or in the care of adults other than their

parents; and

(3)           children described in 10A NCAC 10 .0906(a)

who need child care in conjunction with protective services.

 

History Note:        Authority G.S. 143B‑153(2a);

Eff. July 1, 1983;

Amended Eff. April 1, 2001; February 1, 1996; February 1, 1986.

 

10A NCAC 10 .1005          RESPONSIBILITY FOR ELIGIBILITY

DETERMINATION

Responsibility for eligibility determination,

redetermination, and case management for child care services funded by

subsidized child care services funding shall rest with those agencies authorized

by the Secretary of the Department of Health and Human Services.

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 1983;

Amended Eff. April 1, 2001; February 1, 1996.

 

10A NCAC 10 .1006          DETERMINATION OF INCOME ELIGIBILITY

An individual that applies for child care services shall

provide to the local purchasing agency verification of the amount and sources

of his or her countable income.  The amount and source of income shall be

verified by one of the following:

(1)           A copy of a source document; or

(2)           A written statement by the social worker describing

either the source document that was reviewed to verify the income or a

telephone conversation that confirmed the required information or

(3)           Identification of an existing agency record

confirming the required information.

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 1983;

Amended Eff. April 1, 2001.

 

10A ncac 10 .1007          REQUIREMENTS FOR DETERMINATION AND

REDETERMINATION OF ELIGIBILITY

The Division shall establish the requirements for

application and eligibility determination and redetermination for child care

services.  Eligibility shall be determined initially in accordance with 10A

NCAC 10 .0900 and .1000, and annually thereafter unless a change occurs that

impacts eligibility.  

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 1983;

Amended Eff. April 1, 2001.

 

SECTION .1100 ‑ CLIENT FEES FOR CHILD CARE SERVICES

 

10A NCAC 10 .1101          GENERAL FEE POLICY

(a)  No fees shall be charged to the client when child care

services are provided to individuals in the following circumstances:

(1)           children receiving child care services in

conjunction with protective services as described in 10A NCAC 10 .0906(a);

(2)           when child care services are provided as a

support to a child receiving Child Welfare Services as described in 10A NCAC 10

.0906(b); and

(3)           when a child with no income is living with

someone other than his or her biological or adoptive parent or is living with

someone who does not have court‑ordered financial responsibility.

(b)  Except as provided for in

Paragraph (a) of this Rule, the client shall be assessed a fee for child care

services.

 

History Note:        Authority G.S. 143B‑153(2a);

Eff. July 1, 1983;

Amended Eff. April 1, 2001; July 1, 1992; July 1, 1990; February 1, 1986.

 

10A NCAC 10 .1102          AMOUNT and collection OF client FEES

(a)  The amount of the fees charged to the client shall be

in accordance with annual appropriations act.

(b)  Fee charges to the client may be disregarded when the

total amount due is less than five dollars ($5.00) per month.

(c)  Collection of fees assessed to the client shall be the

responsibility of the child care provider.

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 1983;

Amended Eff. April 1, 2001; July 1, 1990.

 

10A ncac 10 .1103          ADJUSTMENTS IN FEES

(a)  If family medical expenses exceed 10 percent of the

family's gross income in any eligibility period, the family's fee shall be

reassessed based on the family's adjusted income.  The family's income shall be

adjusted by deducting the amount of medical expenses that exceed 10 percent of

the family's gross income.

(b)  When the approved care plan is for less than full‑day

care, the assessed fee for the service shall be adjusted by the appropriate

percentage relative to the approved care plan.

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 1983;

Amended Eff. April 1, 2001; December 1, 1992; July 1, 1992; July 1, 1990.