North Carolina Administrative Code

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 July 1, 2010; July 1, 1998; October 1, 1991; Repealed Eff.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 …

10A NCAC 09 .0712 STAFF/CHILD RATIOS FOR CENTERS WITH A LICENSED CAPACITY OF LESS THAN 30 CHILDREN History Note: Authority G.S. 110-91(7); 143B-168.3; Eff. December 1, 1988; Amended Eff. January 1, 2006; July 1, 1998; July 1, 1994; January 1, 1992; August 1, 1990; Repealed Eff. O…

10a ncac 09 .0713 STAFF/CHILD RATIOS FOR CENTERS (a) The staff/child ratios and group sizes for single-age groups of children in centers shall be as follows: Age of Children Ratio Staff/Children Maximum Group Size 0 to 12 Months 1/5 10 12 to 24 Months 1/6 12 2 to 3 Years 1/10 20 …

10a NCAC 09 .0714 OTHER STAFFING REQUIREMENTS (a) Each child care center shall have a child care administrator who shall be responsible for monitoring the program and overseeing administrative duties of the center. This requirement may be met by having one or more persons on site…

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