North Carolina Administrative Code

10A NCAC 09 .2102 USE OF CORPORAL PUNISHMENT (a) Corporal punishment may be used in religious-sponsored child care facilities in accordance with G.S. 110-91(10), if: (1) the religious-sponsored child care facility files a notice with the Division stating that corporal punishment …

SECTION .2200 - ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES 10A NCAC 09 .2201 ADMINISTRATIVE actions GENERAL PROVISIONS (a) Upon a finding that a child care facility operator has violated any provision of G.S. 110, Article 7, the rules of this Chapter, or 10A NCAC 10, the Secretar…

10A NCAC 09 .2202 WRITTEN REPRIMANDS A written reprimand may be issued to an operator for any of the criteria set forth in Rule .2203 of this Section for which the Division has determined that no corrective action plan is required using the factors contained in Rule .2201(b) of t…

10A NCAC 09 .2203 WRITTEN WARNINGS A written warning, which shall include a corrective action plan, may be issued to an operator in regard to any violation including, but not limited to, these situations: (1) a substantiation of one or more violations as a result of a complaint t…

10A NCAC 09 .2204 PROVISIONAL Child Care Facility license or provisional notice of compliance A provisional child care facility license or provisional notice of compliance may be issued to an operator for any period of time not to exceed 12 months in accordance with the factors l…

10A NCAC 09 .2205 PROBATIONARY LICENSE or probationary Notice of compliance A probationary license or probationary notice of compliance may be issued to an operator for any period of time not to exceed 12 months in accordance with the factors listed in 10A NCAC 09 .2201(b) for th…

10A NCAC 09 .2206 SUSPENSION A suspension of a license or suspension of a notice of compliance may be issued to an operator in accordance with the factors listed in 10A NCAC 09 .2201(b) for a time period not to exceed one year for the following reasons: (1) the operator of the ch…

10A NCAC 09 .2207 Special provisional Child Care Facility license or special provisional notice of compliance (a) When the Division determines that child maltreatment has occurred in accordance with G.S. 110-105.3, the Division may issue a special provisional license or special p…

10A NCAC 09 .2208 CIVIL PENALTIES: SCOPE AND PURPOSE History Note: Authority G.S. 110-90(9); 110-103.1; 143B-168.3; Eff. January 1, 1986; Amended Eff. April 1, 2001; November 1, 1989; January 1, 1987; Repealed Eff. February 1, 2019.

10A NCAC 09 .2209 REVOCATION of a Child Care Facility license or an order to cease operation Revocation of a child care facility license or an order to cease operation may be issued to an operator in accordance with the factors listed in 10A NCAC 09 .2201(b) for the following rea…

10A NCAC 09 .2213 SUMMARY SUSPENSION The Division may issue a summary suspension of a child care facility license or notice of compliance to an operator if the agency finds that the public health, safety, or welfare requires emergency action. The order shall be effective on the d…

10A NCAC 09 .2214 SCHEDULE OF CIVIL PENALTIES FOR family child care HOMES Penalties may be assessed against family child care homes as defined in G.S. 110-86(3)(b) as follows: (1) A civil penalty in an amount up to one thousand dollars ($1,000) may be imposed for the following vi…

10A NCAC 09 .2215 DENIAL OF A LICENSE (a) The Secretary may deny an application for a child care facility license or the issuance of any permit to operate a child care facility under the following circumstances: (1) if the applicant owned or operated a licensed child care facilit…

10A NCAC 09 .2216 AMOUNT OF civil penalties for child care facilities (a) The amount of the penalty assessed to an operator shall be based upon the following: (1) willful or negligent noncompliance by the operator; (2) extent of deviation from the rule or law; (3) evidence of eff…

10A NCAC 09 .2217 SCHEDULE OF CIVIL PENALTIES FOR CHILD CARE CENTERS History Note: Authority G.S. 110-88; 110-90(9); 110-103.1; 143B-168.3; Eff. January 1, 1986; Amended eff. April 1, 2001, October 1, 1991; Repealed Eff. February 1, 2019 (Transferred from .2213).

SECTION .2300 - FORMS 10A NCAC 09 .2301 RESERVED FOR FUTURE CODIFICATION

10A NCAC 09 .2302 RESERVED FOR FUTURE CODIFICATION

10A NCAC 09 .2303 RESERVED FOR FUTURE CODIFICATION

10a NCAC 09 .2304 RESERVED FOR FUTURE CODIFICATION

10a NCAC 09 .2305 RESERVED FOR FUTURE CODIFICATION

10a NCAC 09 .2306 RESERVED FOR FUTURE CODIFICATION

10A NCAC 09 .2307 RESERVED FOR FUTURE CODIFICATION

10a NCAC 09 .2308 RESERVED FOR FUTURE CODIFICATION

10a NCAC 09 .2309 RESERVED FOR FUTURE CODIFICATION

10a NCAC 09 .2310 RESERVED FOR FUTURE CODIFICATION

10a NCAC 09 .2311 RESERVED FOR FUTURE CODIFICATION

10a NCAC 09 .2312 RESERVED FOR FUTURE CODIFICATION

10a NCAC 09 .2313 RESERVED FOR FUTURE CODIFICATION

10a NCAC 09 .2314 RESERVED FOR FUTURE CODIFICATION

10a NCAC 09 .2315 RESERVED FOR FUTURE CODIFICATION

10a NCAC 09 .2316 RESERVED FOR FUTURE CODIFICATION

10a NCAC 09 .2317 RESERVED FOR FUTURE CODIFICATION

10A NCAC 09 .2318 Child CARE CENTER RECORD RETENTION All records required in this Chapter shall be maintained for review by representatives of the Division as specified in G.S. 110-91(9), Rule .0304(g) of this Chapter, and as follows: (1) The records shall be available at the cen…

SECTION .2400 - CHILD CARE FOR MILDLY ILL CHILDREN 10A NCAC 09 .2401 SCOPE The rules in this Section apply to all child care centers offering short term care to children who are mildly sick and who would otherwise be excluded from care as required by Rule .0804(a) of this Chapter…

10A NCAC 09 .2402 DEFINITIONS (a) "Child care for mildly sick children" is defined as the care of children who are not able to attend their regular school or child care arrangement due to inability to participate in activities and requirements set forth in 10A NCAC 09 .0804. (b) …

10A NCAC 09 .2403 SPECIAL PROVISIONS FOR LICENSURE (a) A center that enrolls mildly sick children as a component of a child care center shall have approval for short term care for mildly sick children indicated on their license. A copy of the license shall be posted in the area u…

10A NCAC 09 .2404 inclusion and exclusion REQUIREMENTS (a) Centers may provide care for mildly sick children over three months of age who meet the following inclusion criteria and staff qualifications described in Rule .2408 of this Section: (1) Centers may provide care for child…

10A NCAC 09 .2405 ADMISSION REQUIREMENTS (a) Written permission from a parent is required for admission of a mildly sick child. If a child is assessed to need care because he or she is mildly sick, permission may be given by telephone and documented if a child is to be moved from…

10A NCAC 09 .2406 STAFF/CHILD RATIOS The staff to child ratio and group size of mildly sick children shall be determined based on the age of the youngest child in the group and shall be as follows: Age of Child No. of Children No. of Staff Max. Group Size No. of Staff 3 Months to…

10A NCAC 09 .2407 SPACE REQUIREMENTS for mildly sick children (a) There shall be at least 45 square feet of inside space per child present. When space is measured the following shall not be included: closets, hallways, storage areas, kitchens, bathrooms, utility areas, thresholds…

10A NCAC 09 .2408 STAFF QUALIFICATIONS (a) All staff working with the mildly sick children shall complete all requirements in this Chapter pertaining to preservice training in 10A NCAC 09 .0704, .0710 and .0711, orientation in 10A NCAC 09 .1101, health and safety training require…

10A NCAC 09 .2409 CHILDREN'S RECORDS (a) In addition to all other children's records required in G.S. 110 and this Chapter, the following shall be completed for the children admitted to the mildly sick area: (1) Preadmission health assessment which includes documentation of healt…

10A NCAC 09 .2410 CHILDREN'S ACTIVITIES (a) Daily activities shall be provided in accordance with Section .0500 of these Rules and in accordance with each child's individualized plan of care. Activity areas shall not be required, but developmentally appropriate equipment and mate…

10A NCAC 09 .2411 NUTRITION REQUIREMENTS Meals and snacks shall be provided in accordance with Section .0900 of this Chapter unless a child's individualized plan of care specifies otherwise. History Note: Authority G.S. 110-88(11); 143B-168.3; Eff. April 1, 2003; Readopted Eff. O…

SECTION .2500 - CARE FOR SCHOOL-AGE CHILDREN 10A NCAC 09 .2501 SCOPE The rules in this Section apply to all child care centers offering care to three or more school-age children exclusively or as a component of any other program. All rules in this Chapter pertaining to care for s…

10A NCAC 09 .2502 SPECIAL PROVISIONS FOR summer day camps (a) A center providing care for school-age children exclusively on a seasonal basis between May 15 and September 15 shall be licensed as a summer day camp. (b) A facility licensed as a summer day camp shall have a permanen…

10A NCAC 09 .2503 BUILDING CODE REQUIREMENTS (a) Building code requirements incorporated by reference in Section .1300 of this Chapter apply for a facility providing care to school-age children except that any building that is approved for school occupancy and which houses a publ…

10A NCAC 09 .2504 SPACE REQUIREMENTS All space requirements specified in Section .1400 shall apply when a facility provides care for school-age children and any preschool child is also in care, or when a program that provides care exclusively for school-age children operates indo…

10A NCAC 09 .2505 HEALTH REQUIREMENTS FOR CHILDREN (a) All requirements of Section .0800 of this Chapter shall apply to school-age child care arrangements with the following exceptions: (1) a medical examination report shall not be required for any child enrolled in a public scho…

10A NCAC 09 .2506 GENERAL SAFETY REQUIREMENTS (a) First Aid equipment shall be available regardless of where activities are provided. (b) All requirements in Rule .1403 of this Chapter regarding activities involving water shall apply. (c) Potentially hazardous items, such as arch…