10A NCAC 09 — Child Care Rules

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, as defined in 10A NCAC 09 .0102. The completed, signed application sha…

10a NCAC 09 .0802 EMERGENCY MEDICAL CARE (a) Each child care center shall have a written plan that sets forth the steps to follow in the event of a child medical emergency. The plan shall be reviewed with all staff annually and whenever the plan is revised. This plan shall give t…

10A NCAC 09 .0803 ADMINISTERING MEDICATION in child care centers 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, fluoridate…

10a NCAC 09 .0804 INFECTIOUS AND CONTAGIOUS DISEASES (a) Centers may provide care for a mildly ill infant or child older than two months who has a Fahrenheit temperature less than 101 degrees and for infants younger than two months who have a Fahrenheit temperature of less than 1…

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 November 1, 1989; Repealed Eff.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 shall be changed whenever they become soiled or wet and not on a shift basis. (b) The center shall ensure that clean clothes are available in the event that a child's clothes become wet or soiled. The change of clothing…

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) whic…

10A NCAC 09 .0902 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 plan for the child. This plan shall be followed at the center. This plan shall include the child's name, b…

10A NCAC 09 .0903 REQUIREMENTS FOR CHILDREN AGED 15 MONTHS AND OLDER Meals and snacks shall be planned according to the number of hours a child is in the center. Children shall be provided a meal or snack a minimum of every four hours. These rules apply in all situations except d…

SECTION .1000 - TRANSPORTATION STANDARDS 10A NCAC 09 .1001 SEAT AND CHILD SAFETY SEATS in child care centers (a) When children enrolled in a child care center are being transported, each adult and child shall be restrained with an individual seat belt or child safety seat appropr…

10A NCAC 09 .1002 SAFE VEHICLES (a) Vehicles used to transport children enrolled in child care centers shall be free of hazards such as, but not limited to, torn upholstery that allows children to remove the interior padding, broken windows, holes in the floor or roof, or tire tr…

10A NCAC 09 .1003 SAFE PROCEDURES (a) The driver or other staff member in the vehicle shall ensure that all children are transferred to an individual who is indicated on the child's application as specified in Rule .0801(a)(7) of this Chapter or as authorized by the parent. (b) E…

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 rules as set forth in Rule .0713 of this Chapter shall apply. The driver may be counted in the staff/child …

10A NCAC 09 .1005 Off premise Activities in child care centers (a) Off premise activities refer to any activity that takes place away from a child care center's licensed and approved space. Licensed and approved space includes "primary space" as described in 10A NCAC 09 .1401(a),…

SECTION .1100 – CONTINUING EDUCATION AND PROFESSIONAL DEVELOPMENT 10A NCAC 09 .1101 NEW STAFF ORIENTATION rEQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six w…

10A NCAC 09 .1102 hEALTH AND sAFETY TRAINING REQUIREMENTS (a) Child care administrators and staff members shall complete health and safety training within one year of employment, unless the staff member has completed the training within the year prior to beginning employment. Hea…

10A NCAC 09 .1103 ON-GOING training and professional development (a) After the first year of employment, the child care administrator and any staff who have responsibility for planning and supervising a child care center, and staff who work with children, shall participate in on-…

10A NCAC 09 .1104 PROFESSIONAL DEVELOPMENT PLAN All center administrators and staff members shall complete a professional development plan within one year of employment and review the plan annually. The plan shall: (1) document the individual's professional development goals; (2)…

10A NCAC 09 .1105 TRAINING APPROVAL Staff may meet the on-going 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 shall not be required…

10a NCAC 09 .1106 DOCUMENTATION OF on-going training and Professional development (a) Each center shall have a record of training activities in which each staff member participates, including copies of training certificates or official documentation provided by the trainer. That …

SECTION .1300 - BUILDING CODE REQUIREMENTS FOR CHILD CARE CENTERS 10A NCAC 09 .1301 BUILDING CODE REQUIREMENTS FOR CENTERS The North Carolina State Building Code standards for child care facilities is hereby incorporated by reference, including subsequent amendments and editions.…

10A NCAC 09 .1304 REQUIREMENTS FOR CHILD CARE CENTERS LICENSED IN A RESIDENCE History Note: Authority G.S. 110-91(4); 143B-168.3; Eff. July 1, 1998; Amended Eff. April 1, 2001; Repealed Eff. October 1, 2017.

SECTION .1400 - SPACE REQUIREMENTS 10A NCAC 09 .1401 INDOOR SPACE (a) As used in this Rule, the term "Primary Space" means the indoor space designated by the operator that will be used by children who attend the center. It shall be used to calculate a center's licensed capacity. …

10A NCAC 09 .1402 OUTDOOR SPACE (a) The outdoor play area shall be no smaller than 75 square feet for each child using the outdoor learning environment at any one time. (b) Paragraph (a) of this Rule apply only to child care centers initially licensed after April 1, 1984. (c) The…

10A NCAC 09 .1403 ACTIVITIES INVOLVING WATER In child care centers (a) The requirements in this Rule apply to child care center "aquatic activities," which are defined as activities that take place in or around a body of water such as swimming, swimming instruction, wading, and v…

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.

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 .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 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; Nov…

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. Only one licensed family child care home shall operate at the location add…

10A NCAC 09 .1703 on-going REQUIREMENTS FOR FAMILY CHILD CARE HOME OPERATORS (a) After receiving a license, family child care home operator shall: (1) Update the health questionnaire annually. The Division may request an evaluation of the operator's emotional and physical fitness…

10A NCAC 09 .1704 CAREGIVER INTERACTIONS in a family child care home (a) Family child care home operators shall interact with children in positive ways by helping them feel welcome and comfortable, treating them with respect, listening to what they say, responding to them with ac…

10A NCAC 09 .1705 HEALTH AND TRAINING REQUIREMENTS FOR FAMILY CHILD CARE HOME OPERATORS (transferred to 10A nCAC 09 .1703)

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 in…

10A NCAC 09 .1707 BUILDING REQUIREMENTS The applicant shall ensure that the family child care home complies with the following requirements: (1) all children are kept on the ground level of exit discharge; (2) all family child care homes must be free of lead poisoning hazards as …

10A NCAC 09 .1708 PRE-LICENSING REQUIREMENTS for family child care homes (a) The prospective operator of the family child care home shall complete the pre-licensing workshop provided by the Division prior to the Division issuing an initial license. The Division shall provide work…

10A NCAC 09 .1709 INSPECTIONS (a) To ensure compliance with G.S. 110, Article 7 and this Chapter, inspections shall be conducted as follows: (1) The Division shall conduct at least one announced visit prior to the initial issuance of license. (2) The Division shall make at least …