10A NCAC 09 — Child Care Rules

CHAPTER 09 - CHILD CARE RULES SECTION .0100 - DEFINITIONS 10A NCAC 09 .0101 RESERVED FOR FUTURE CODIFICATION

SECTION .0100 DEFINITIONS 10A NCAC 09 .0102 definitions The terms and phrases used in this Chapter are defined as follows: (1) "Activity area" means a space that is accessible to children and where related equipment and materials are kept in accordance with G.S. 110-91(12). (2) "…

SECTION .0200 - GENERAL REQUIREMENTS 10A NCAC 09 .0201 INSPECTIONS OF CHILD CARE FACILITIES The Division shall visit and inspect all child care facilities to ensure compliance with G.S 110, Article 7 and 10A NCAC 09. (1) The Division shall make at least one unannounced visit annu…

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 FOR A CHILD CARE CENTER (a) When the ownership of a child care center changes, the prospective new owner shall apply for a new license in accordance with Rule .0403 of this Chapter at least 30 days before acquiring own…

10A NCAC 09 .0205 ACCESS to child care center (a) The parent of a child enrolled in a child care center shall be allowed access to the center during its operating hours for the purposes of contacting the child or evaluating caregiving space at the center and the care provided by …

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 October 1, 1991; Repealed Eff.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 FOR CHILD CARE CENTERS (a) A prospective licensee who has not previously operated a child care center in North Carolina shall attend a pre-licensing workshop provided by the Division b…

10A NCAC 09 .0302 APPLICATION FOR A LICENSE FOR A CHILD CARE center (a) An application for a license for a child care center shall be submitted on the form provided by the Division, which may be found online at http://ncchildcare.ncdhhs.gov/PDF_forms/FacilityProfileApp.pdf. The a…

10A NCAC 09 .0303 RESERVED FOR FUTURE CODIFICATION

10A NCAC 09 .0304 ON-GOING REQUIREMENTS FOR A LICENSE (a) Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspectio…

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 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…

10A NCAC 09 .0402 RESERVED FOR FUTURE CODIFICATION

10A NCAC 09 .0403 TEMPORARY LICENSES FOR CENTERS (a) When an operator proposes to open a new center or to change the ownership or location of an existing center, the Division shall issue the operator a temporary license upon the receipt of a license application pursuant to 10A NC…

SECTION .0500 – schedules and activities 10A NCAC 09 .0501 STAFF/CHILD INTERACTIONS (transferred to 10A NCAC 09 .1802)

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 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; Readopted Eff. October 1, 2017 (Transferred from 10A NCAC 09 .0505); Transferred f…

10A NCAC 09 .0506 RESERVED FOR FUTURE CODIFICATION

10A NCAC 09 .0507 RESERVED FOR FUTURE CODIFICATION

10A NCAC 09 .0508 ACTIVITY SCHEDULES AND PLANS (a) All centers shall have a current schedule and activity plan for each group of children posted for reference by parents and by caregivers. The schedule and activity plan may be combined in a single document. (b) For each group of …

10A NCAC 09 .0509 Learning Environment 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 dai…

10A NCAC 09 .0510 ACTIVITY AREAS (a) For each group of children in care, the center shall provide daily four of the five activity areas listed in G.S. 110-91(12) as follows: (1) Centers with a licensed capacity of 30 or more children shall have at least four activity areas availa…

10A NCAC 09 .0511 daily routines FOR CHILDREN UNDER TWO YEARS OF AGE (a) Children under two years of age shall require individualized daily routines based on their specific developmental needs. The center shall provide time and space for sleeping, eating, toileting, diaper changi…

10A NCAC 09 .0512 Off premise Activities (transferred to 10A NCAC 09 .1005)

10A NCAC 09 .0513 Administrative Policies Centers shall have administrative policies and practices that provide for: (1) selection and training of staff; (2) communication with and opportunities for participation by parents; (3) operational and fiscal management; and (4) objectiv…

10A NCAC 09 .0514 OPERATIONAL AND PERSONNEL POLICIES (a) Each center shall have written policies that describe the operation of the center and the services that are available to parents and their children. The operational policies shall include at least the following information:…

10A NCAC 09 .0515 PARENT PARTICIPATION (a) Each center shall have a plan that will encourage parent participation and inform parents about the program and its services. The plan shall be discussed with parents on or before the child's first day of attendance and shall be posted i…

10A NCAC 09 .0516 NIGHT CARE (a) Developmentally appropriate activities shall be available for children during the evening hours. Quiet activities shall be planned just before bedtime. Children shall have opportunities to develop good personal care and health habits through routi…

SECTION .0600 - SAFETY REQUIREMENTS FOR CHILD CARE CENTERS 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (b) All equipment and furnishings shall be in good repair. All commercially manuf…

10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (a) In child care centers, potentially hazardous items, including power tools, nails, chemicals, propane stoves, lawn mowers, and gasoline or kerosene, whether or not intended for use by children, shall be stored in loc…

10a NCAC 09 .0605 OUTDOOR Learning Environment in child care centers (a) Outdoor play equipment shall be age and developmentally appropriate. (b) For outdoor play structures purchased or installed on or after September 1, 2017 the provider shall maintain manufacturer's instructio…

10A NCAC 09 .0606 SAFE SLEEP Practices (a) Each center licensed to care for infants aged 12 months or younger shall develop, adopt, and comply with a written safe sleep policy that: (1) specifies that caregivers shall place infants aged 12 months or younger on their backs for sle…

10A NCAC 09 .0607 Emergency Preparedness and Response in child care centers (a) For the purposes of this Rule, the Emergency Preparedness and Response in Child Care is a session training developed by the North Carolina Child Care Health and Safety Resource Center for child care o…

10A NCAC 09 .0608 PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA (a) Each child care center licensed to care for children up to five years of age shall develop and adopt policies to prevent shaken baby syndrome and abusive head trauma prior to licensure. The policy sh…

SECTION .0700 - STAFF qUALIFICATIONS 10A NCAC 09 .0701 Health standards for child care providers, substitute providers, volunteers, and uncompensated providers (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: …

10a NCAC 09 .0702 STANDARDS FOR SUBSTITUTES, VOLUNTEERS 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; Repealed Eff. October 1, 2017.

10a NCAC 09 .0703 GENERAL STATUTORY REQUIREMENTS (a) Child care providers, substitute providers, and uncompensated providers counted toward meeting the staff/child ratio requirements set forth in Rule .0713 of this Section shall meet the requirements of G.S. 110-91(8). No one und…

10a NCAC 09 .0704 PRESERVICE REQUIREMENTS FOR child care 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 as follows: (1…

10A NCAC 09 .0705 SPECIAL TRAINING REQUIREMENTS History Note: Authority G.S. 110-88; 110-91(1),(8); 143B-168.3; Eff. January 1, 1986; Amended Eff. January 1, 1996; January 1, 1992; January 1, 1991; January 1, 1987; Temporary Amendment Eff. October 1, 1997; Amended Eff. July 1, 20…

10a NCAC 09 .0706 Health and Safety training requirements History Note: Authority G.S. 110-88; 110-91(11); 143B-168.3; Temporary Adoption Eff. September 23, 2016; Temporary Adoption Expired July 14, 2017.

10A NCAC 09 .0707 IN-SERVICE And orientation TRAINING REQUIREMENTS History Note: Authority G.S. 110-88; 110-91(11); 143B-168.3; Eff. January 1, 1986; Amended Eff. July 1, 2015; January 1, 2006; May 1, 2004; October 29, 1998; October 1, 1991; November 1, 1989; July 1, 1988; Januar…

10A NCAC 09 .0708 IN-SERVICE TRAINING APPROVAL (Transferred to 10A NCAC 09 .1105)

10a NCAC 09 .0709 DOCUMENTATION OF IN-SERVICE TRAINING (transferred to 10A NCAC 09 .1106)

10a NCAC 09 .0710 PRESERVICE REQUIREMENTS FOR LEAD teachers and Teachers (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 Childh…

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 Chapter. (b) Non-care giving staff or any person …