North Carolina · statute · N.C. Gen. Stat. ch. 110 · 77 active provisions
Exhibition of certain children prohibited. (a) Except to the extent otherwise provided in subsection (d) of this section, it is unlawful to exhibit publicly for any purpose, or to exhibit privately for the purpose of entertainment, or solely or primarily for the satisfaction of the curiosity of any observer, any child…
Transferred to § 130-58.1 by Session Laws 1969, c. 911, s. 3. §§ 110-26 through 110-38. Repealed by Session Laws 1969, c. 911, s. 1. §110-39. Transferred to § 14-316.1 by Session Laws 1969, c. 911, s. 4. §§ 110-40 through 110-44: Repealed by Session Laws 1969, c. 911, s. 1. Article 2A. Parental Control of Children. §§…
Legislative intent and purpose. Recognizing the importance of the early years of life to a child's development, the General Assembly hereby declares its intent with respect to the early care and education of children: (1) The State should protect children in child care facilities by ensuring that these facilities provi…
Definitions. Unless the context or subject matter otherwise requires, the terms or phrases used in this Article shall be defined as follows: (1) Commission. - The Child Care Commission created under this Article. (2) Child care. - A program or arrangement where three or more children less than 13 years old, who do not…
Powers and duties of the Commission. The Commission shall have the following powers and duties: (1) To develop policies and procedures for the issuance of a license to any child care facility that meets all applicable standards established under this Article. (1a) To adopt applicable rules and standards based upon the…
Commission may not interfere with religious training offered in religious-sponsored child care facilities. Nothing in this Article shall be interpreted to allow the State to determine the training or curriculum offered in any religious-sponsored child care facility as defined in G.S. 110-106(a). (1999-130, s. 6.)
Powers and duties of Secretary of Health and Human Services. The Secretary shall have the following powers and duties under the policies and rules of the Commission: (1) To administer the licensing program for child care facilities. (1a) To establish a fee for the licensing of child care facilities. The fee does not ap…
Mandatory child care providers' criminal history checks. (a) For purposes of this section: (1) "Child care", notwithstanding the definition in G.S. 110-86, means any child care provided in child care facilities required to be licensed or regulated under this Article and nonlicensed child care homes approved to receive…
Mandatory standards for a license. All child care facilities shall comply with all State laws and federal laws and local ordinances that pertain to child health, safety, and welfare. Except as otherwise provided in this Article, the standards in this section shall be complied with by all child care facilities. Notwiths…
Duties of State and local agencies. When requested by an operator of a child care center or by the Secretary, it shall be the duty of local and district health departments to visit and inspect a child care center to determine whether the center complies with the health and sanitation standards required by this Article…
Application for a license. (a) Each person who seeks to operate a child care facility shall apply to the Department for a license. The application shall be in the form required by the Department. Each applicant seeking a license shall be responsible for supplying with the application the necessary supporting data and r…
Administrative Procedure Act. The provisions of Chapter 150B of the General Statutes shall be applicable to the Commission, to the rules the Commission adopts, and to child care contested cases. However, a child care operator shall have 30 days to file a petition for a contested case pursuant to G.S. 150B-23. The conte…
Mandatory compliance. It shall be unlawful for any person to: (1) Offer or provide child care without complying with the provisions of this Article; or (2) Advertise without disclosing the child care facility's identifying number that is on the license or the letter of compliance. (1971, c. 803, s. 1; 1985, c. 757, s.…
Prima facie evidence of existence of child care. A child care arrangement providing child care for more than two children for more than four hours per day on two or more consecutive days shall be prima facie evidence of the existence of a child care facility. (1977, c. 4, s. 6; 1987, c. 788, s. 10; 1997-506, s. 13.)
Care for school-age children during state of emergency. Notwithstanding any provision of law or rule to the contrary, when remote or virtual learning is required due to a declared state of emergency issued under G.S. 166A-19.20, the following shall apply: (1) A community-based organization is authorized to provide care…
Possession and display of license. (a) It shall be unlawful for a child care facility to operate without a current license authorized for issuance under G.S. 110-88. (a1) Each child care facility shall display its current license in a prominent place at all times so that the public may be on notice that the facility is…
Corporal punishment banned in certain "nonlicensed" homes. The use of corporal punishment as a form of discipline is prohibited in those child care homes that are not required to be licensed under this Article but that receive State or federal subsidies for child care unless this care is provided to children by their p…
Information for parents. The Secretary shall provide to each operator of a child care facility a summary of this Article for the parents, guardian, or full-time custodian of each child receiving child care in the facility to be distributed by the operator. Operators of child care facilities shall provide a copy of the…
Reporting of missing or deceased children. (a) Notwithstanding G.S. 14-318.5, operators and staff, as defined in G.S. 110-86(7), and G.S. 110-91(8), or any adult present with the approval of the care provider in a child care facility as defined in G.S. 110-86(3) and G.S. 110-106, upon learning that a child which has be…
Unauthorized administration of medication. (a) It is unlawful for an employee, owner, household member, volunteer, or operator of a licensed or unlicensed child care facility as defined in G.S. 110-86, including child care facilities operated by public schools and nonpublic schools as defined in G.S. 110-86(2)(f), to w…
Administrative penalties. For failure to comply with this Article, the Secretary may: (1) Issue a written warning and a request for compliance; (2) Issue an official written reprimand; (3) Place a licensee upon probation until his compliance with this Article has been verified by the Commission or its agent; (4) Order…
Criminal penalty. (a) Any person who violates the provisions of G.S. 110-98 shall be guilty of a Class 1 misdemeanor. Violations of G.S. 110-98(2), 110-99(b), 110-99(c), and 110-102 are exempted from the provisions of this subsection. (b) It shall be a Class I felony for any person who operates a child care facility to…
Civil penalty. (a) A civil penalty may be levied against any operator of any child care facility who violates any provision of this Article. The penalty shall not exceed one thousand dollars ($1,000) for each violation documented on any given date. Every operator shall be provided a schedule of the civil penalties esta…
Injunctive relief. The Secretary or the Secretary's designee may seek injunctive relief in the district court of the county in which a child care facility is located against the continuing operation of that child care facility at any time, whether or not any administrative proceedings are pending. The district court ma…
Authority to inspect facilities. (a) The Department shall have authority to inspect facilities without notice when it determines there is cause to believe that an emergency situation exists or there is a complaint alleging a violation of licensure law. When the Department is notified by the county director of social se…