CHAPTER 9 – CHILD CARE RULES

Effective February 1, 2021 i

10A NCAC

CHAPTER 9 – CHILD CARE RULES

Effective February 1, 2021

PAGE
SECTION .0100 DEFINITIONS 1

.0101 RESERVED FOR FUTURE CODIFICATION

.0102 DEFINITIONS

SECTION .0200 GENERAL REQUIREMENTS 7

.0201 INSPECTIONS OF CHILD CARE FACILITIES

.0202 RESERVED FOR FUTURE CODIFICATION

.0203 RESERVED FOR FUTURE CODIFICATION

.0204 CHANGES REQUIRING ISSUANCE OF A NEW LICENSE FOR A CHILD

CARE CENTER

.0205 ACCESS TO CHILD CARE CENTER

.0206 CAPACITY OF THE CENTER – EXPIRED JUNE 1, 2015

.0207 SCHOOL-AGE CHILDREN OF THE OPERATOR – REPEALED JULY 1, 1998

SECTION .0300 PROCEDURES FOR OBTAINING A LICENSE 9

.0301 PRE-LICENSING REQUIREMENTS FOR CHILD CARE CENTERS

.0302 APPLICATION FOR A LICENSE FOR A CHILD CARE CENTER

.0303 RESERVED FOR FUTURE CODIFICATION

.0304 ON-GOING REQUIREMENTS FOR A LICENSE

.0305 REQUIREMENTS FOR A ONE-STAR RATED LICENSE FOR A CHILD CARE

CENTER – EXPIRED JUNE 1, 2015

SECTION .0400 ISSUANCE PROVISIONAL AND TEMPORARY LICENSES 13

.0401 PROVISIONAL LICENSES FOR FACILITIES – REPEALED FEBRUARY 1, 2019

.0402 RESERVED FOR FUTURE CODIFICATION

.0403 TEMPORARY LICENSES FOR CENTERS

SECTION .0500 SCHEDULES AND ACTIVITIES 14

.0501 STAFF/CHILD INTERACTIONS – TRANSFERRED TO 10A NCAC 09 .1802

.0502 RESERVED FOR FUTURE CODIFICATION

.0503 RESERVED FOR FUTURE CODIFICATION

.0504 RESERVED FOR FUTURE CODIFICATION

.0505 DEVELOPMENTAL DAY CENTERS

.0506 RESERVED FOR FUTURE CODIFICATION

.0507 RESERVED FOR FUTURE CODIFICATION

.0508 ACTIVITY SCHEDULES AND PLANS

.0509 LEARNING ENVIRONMENT

.0510 ACTIVITY AREAS

.0511 DAILY ROUTINES FOR CHILDREN UNDER TWO YEARS OF AGE

.0512 OFF PREMISE ACTIVITIES – TRANSFERRED TO 10A NCAC 09 .1005

.0513 ADMINISTRATIVE POLICIES – TRANSFERRED FROM 10A NCAC 09 .2804

Effective February 1, 2021 ii

.0514 OPERATIONAL AND PERSONNEL POLICIES – TRANSFERRED FROM 10A

NCAC 09 .2805

.0515 PARENT PARTICIPATION – TRANSFERRED FROM 10A NCAC 09 .2807
.0516 NIGHT CARE – TRANSFERRED FROM 10A NCAC 09 .2808

SECTION .0600 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS 21

.0601 SAFE ENVIRONMENT

.0602 CONDITION OF INDOOR EQUIPMENT AND FURNISHINGS – REPEALED

OCTOBER 1, 2017

.0603 OVERNIGHT FURNISHINGS – REPEALED OCTOBER 1, 2017

.0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS

.0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS

.0606 SAFE SLEEP PRACTICES

.0607 EMERGENCY PREPAREDNESS AND RESPONSE IN CHILD CARE CENTERS

.0608 PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA

SECTION .0700 STAFF QUALIFICATIONS 31

.0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE

PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS

.0702 STANDARDS FOR SUBSTITUTES AND VOLUNTEERS – REPEALED

OCTOBER 1, 2017

.0703 GENERAL STATUTORY REQUIREMENTS

.0704 PRESERVICE REQUIREMENTS FOR CHILD CARE ADMINISTRATORS

.0705 SPECIAL TRAINING REQUIREMENTS – REPEALED OCTOBER 1, 2017

.0706 HEALTH AND SAFETY TRAINING REQUIREMENTS – EXPIRED JULY 14, 2017

.0707 IN-SERVICE AND ORIENTATION TRAINING REQUIREMENTS – REPEALED

OCTOBER 1, 2017

.0708 IN-SERVICE TRAINING APROVAL – TRANSFERRED TO 10A NCAC 09

.1105

.0709 DOCUMENTATION OF IN-SERVICE TRAINING – TRANSFERRED TO 10A NCAC

09 .1106

.0710 PRESERVICE REQUIREMENTS FOR LEAD TEACHERS AND TEACHERS

.0711 PRESERVICE REQUIREMENTS FOR OTHER STAFF

.0712 STAFF/CHILD RATIOS FOR CENTERS WITH A LICENSED CAPACITY OF

LESS THAN 30 CHILDREN – REPEALED OCTOBER 1, 2017

.0713 STAFF/CHILD RATIOS FOR CENTERS

.0714 OTHER STAFFING REQUIREMENTS

SECTION .0800 HEALTH STANDARDS FOR CHILDREN 39

.0801 APPLICATION FOR ENROLLMENT

.0802 EMERGENCY MEDICAL CARE

.0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS

.0804 INFECTIOUS AND CONTAGIOUS DISEASES

.0805 SANITARY FOOD SERVICE – REPEALED DECEMBER 1, 2007

.0806 TOILETING, CLOTHING AND LINENS

SECTION .0900 NUTRITION STANDARDS 47

.0901 GENERAL NUTRITION REQUIREMENTS

.0902 REQUIREMENTS FOR INFANTS

.0903 REQUIREMENTS FOR CHILDREN AGED 15 MONTHS AND OLDER

Effective February 1, 2021 iii

SECTION .1000 TRANSPORTATION STANDARDS 50

.1001 SEAT AND CHILD SAFETY SEATS IN CHILD CARE CENTERS

.1002 SAFE VEHICLES

.1003 SAFE PROCEDURES

.1004 STAFF/CHILD RATIOS

.1005 OFF PREMISE ACTIVITIES IN CHILD CARE CENTERS

SECTION .1100 CONTINUING EDUCATION AND PROFESSIONAL

DEVELOPMENT 53

.1101 NEW STAFF ORIENTATION REQUIREMENTS

.1102 HEALTH AND SAFETY TRAINING REQUIREMENTS

.1103 ON-GOING TRAINING AND PROFESSIONAL DEVELOPMENT

.1104 PROFESSIONAL DEVELOPMENT PLAN

.1105 TRAINING APPROVAL

.1106 DOCUMENTATION OF ON-GOING TRAINING AND PROFESSIONAL

DEVELOPMENT

SECTION .1200 RESERVED FOR FUTURE CODIFICATION

SECTION .1300 BUILDING CODE REQUIREMENTS FOR CHILD CARE 60

CENTERS

.1301 BUILDING CODE REQUIREMENTS FOR CENTERS

.1302 BUILDING CODE REQUIREMENTS FOR CHILD CARE CENTERS – REPEALED

OCTOBER 1, 2017

.1303 BUILDING CODE REQUIREMENTS FOR SMALL GROUP CARE FACILITIES

LICENSED PRIOR TO 7/1/88 – REPEALED OCTOBER 1, 2017

.1304 REQUIREMENTS FOR CHILD CARE CENTERS LICENSED IN A RESIDENCE –

REPEALED OCTOBER 1, 2017

SECTION .1400 SPACE REQUIREMENTS 61

.1401 INDOOR SPACE

.1402 OUTDOOR SPACE

.1403 ACTIVITIES INVOLVING WATER IN CHILD CARE CENTERS

SECTION .1500 TEMPORARY CARE REQUIREMENTS 65

.1501 SCOPE – REPEALED JULY 1, 2012

.1502 MEDICAL EXAMINATION – REPEALED JULY 1, 2012

.1503 BEDS, COTS, MATS AND LINENS – REPEALED JULY 1, 2012

.1504 ATTENDANCE RECORDS – REPEALED JULY 1, 2012

.1505 BUILDING APPROVAL FOR SCHOOL-AGED CARE – REPEALED JULY 1, 2010

.1506 OUTDOOR PLAY AREA – REPEALED JULY 1, 2012

SECTION .1600 REQUIREMENTS FOR VOLUNTARY ENHANCED 66

PROGRAM STANDARDS

.1601 ADMINISTRATIVE POLICIES REQUIRED – REPEALED MAY 1, 2006

.1602 OPERATIONAL AND PERSONNEL POLICIES – REPEALED MAY 1, 2006

.1603 RESERVED FOR FUTURE CODIFICATION

.1604 SPACE REQUIREMENTS – REPEALED MAY 1, 2006

.1605 RESERVED FOR FUTURE CODIFICATION

.1606 STAFF/CHILD RATIOS – REPEALED MAY 1, 2006

.1607 RESERVED FOR FUTURE CODIFICATION

Effective February 1, 2021 iv

.1608 RESERVED FOR FUTURE CODIFICATION

.1609 RESERVED FOR FUTURE CODIFICATION

.1610 RESERVED FOR FUTURE CODIFICATION

.1611 RESERVED FOR FUTURE CODIFICATION

.1612 CAREGIVING ACTIVITIES FOR PRESCHOOL-AGED

CHILDREN – REPEALED MAY 1, 2006

.1613 PARENT PARTICIPATION – REPEALED MAY 1, 2006

.1614 RESERVED FOR FUTURE CODIFICATION

.1615 NIGHT CARE – REPEALED MAY 1, 2006

SECTION .1700 FAMILY CHILD CARE HOME REQUIREMENTS 68

.1701 GENERAL PROVISIONS RELATED TO LICENSURE OF HOMES – REPEALED

OCTOBER 1, 2017

.1702 APPLICATION FOR A LICENSE FOR A FAMILY CHILD CARE HOME

.1703 ON-GOING REQUIREMENTS FOR FAMILY CHILD CARE HOME OPERATORS

.1704 CAREGIVER INTERACTIONS IN A FAMILY CHILD CARE HOME

.1705 HEALTH AND TRAINING REQUIREMENTS FOR FAMILY CHILD

CARE HOME OPERATORS – TRANSFERRED TO 10A NCAC 09 .1703

.1706 NUTRITION STANDARDS

.1707 BUILDING REQUIREMENTS

.1708 PRE-LICENSING REQUIREMENTS FOR FAMILY CHILD CARE HOMES

.1709 INSPECTIONS

.1710 PARENTAL ACCESS TO THE FAMILY CHILD CARE HOME

.1711 SUPERVISION OF CHILDREN IN A FAMILY CHILD CARE HOME

.1712 WRITTEN PLAN OF CARE

.1713 EMERGENCY MEDICAL CARE

.1714 EMERGENCY PREPAREDNESS AND RESPONSE

.1715 OPERATIONAL POLICIES

.1716 FAILURE TO MAINTAIN REQUIREMENTS

.1717 RESERVED FOR FUTURE CODIFICATION

.1718 REQUIREMENTS FOR DAILY OPERATIONS

.1719 REQUIREMENTS FOR A SAFE INDOOR/OUTDOOR ENVIRONMENT

.1720 MEDICATION REQUIREMENTS

.1721 REQUIREMENTS FOR RECORDS

.1722 PROHIBITED DISCIPLINE

.1723 TRANSPORATION REQUIREMENTS

.1724 SAFE SLEEP PRACTICIES

.1725 SANITATION REQUIREMENTS FOR FAMILY CHILD CARE HOMES

.1726 PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA

.1727 DISCIPLINE POLICY

.1728 OVERNIGHT CARE

.1729 ADDITIONAL CAREGIVER AND SUBSTITUTE PROVIDER QUALIFICATIONS

.1730 ACTIVITIES INVOLVING WATER

.1731 ADDITIONAL HEALTH AND SAFETY TRAINING REQUIREMENTS – EXPIRED

JULY 14, 2017

SECTION .1800 DISCIPLINE 107

.1801 SUPERVISION IN CHILD CARE CENTERS

.1802 STAFF/CHILD INTERACTIONS

.1803 PROHBITIED DISCIPLINE IN CHILD CARE CENTERS

Effective February 1, 2021 v

.1804 DISCIPLINE POLICY FOR CHILD CARE CENTERS

SECTION .1900 SPECIAL PROCEDURES CONCERNING ABUSE/NEGLECT 110

IN CHILD CARE

.1901 NOTIFICATION TO COUNTY DEPARTMENTS OF SOCIAL SERVICES –
REPEALED OCTOBER 1, 2017
.1902 RESERVED FOR FUTURE CODIFICATION

.1903 INVESTIGATION PROCEDURES – REPEALED OCTOBER 1, 2017

.1904 ADMINISTRATIVE SANCTIONS – REPEALED FEBRUARY 1, 2019

SECTION .2000 RULEMAKING AND CONTESTED CASE PROCEDURES 111

.2001 PETITIONS FOR RULEMAKING

.2002 RULEMAKING PROCEDURES

.2003 DECLARATORY RULINGS

.2004 CONTESTED CASES: DEFINITIONS

.2005 CONTESTED CASES: REQUEST FOR DETERMINATION

.2006 CONTESTED CASES: RECORD – REPEALED DECEMBER 1, 2015

.2007 CONTESTED CASES: EXCEPTIONS TO RECOMMENDED DECISION –

REPEALED DECEMBER 1, 2015

SECTION .2100 RELIGIOUS-SPONSORED CHILD CARE CENTER 114

REQUIREMENTS

.2101 CENTERS OPERATING UNDER G.S. 110-106

.2102 USE OF CORPORAL PUNISHMENT

SECTION .2200 ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES 116

.2201 ADMINISTRATIVE ACTIONS GENERAL PROVISIONS

.2202 WRITTEN REPRIMANDS

.2203 WRITTEN WARNINGS

.2204 PROVISIONAL CHILD CARE FACILITY LICENSE OR PROVISIONAL NOTICE

OF COMPLIANCE

.2205 PROBATIONARY LICENSE OR PROBATIONARY NOTICE OF COMPLIANCE

– TRANSFERRED FROM 10A NCAC 09 .2204

.2206 SUSPENSION – TRANSFERRED FROM 10A NCAC 09 .2205

.2207 SPECIAL PROVISIONAL CHILD CARE FACILITY LICENSE OR SPECIAL

PROVISIONAL NOTICE OF COMPLIANCE

.2208 CIVIL PENALTIES: SCOPE AND PURPOSE – REPEALED EFF. FEBRUARY 1,

2019

.2209 REVOCATION OF A CHILD CARE FACILITY LICENSE OR AN ORDER TO

CEASE OPERATION – TRANSFERRED FROM 10A NCAC 09 .2206

.2210 NOTICE OF ASSESSMENT OF PENALTY – EXPIRED JUNE 1, 2015

.2211 RIGHT TO A HEARING – EXPIRED JUNE 1, 2015

.2212 FAILURE TO PAY ASSESSED PENALTY – EXPIRED JUNE 1, 2015

.2213 SUMMARY SUSPENSION – TRANSFERRED FROM 10A NCAC 09 .2207

.2214 SCHEDULE OF CIVIL PENALTIES FOR FAMILY CHILD CARE HOMES

.2215 DENIAL OF A LICENSE

.2216 AMOUNT OF CIVIL PENALTIES FOR CHILD CARE

FACILITIES – TRANSFERRED FROM 10A NCAC 09 .2209
.2217 SCHEDULE OF CIVIL PENALTIES FOR CHILD CARE CENTERS –

REPEALED EFF. FEBRUARY 1, 2019 (TRANSFERRED FROM .2213)

Effective February 1, 2021 vi

SECTION .2300 FORMS 127

.2301 RESERVED FOR FUTURE CODIFICATION

.2302 RESERVED FOR FUTURE CODIFICATION

.2303 RESERVED FOR FUTURE CODIFICATION

.2304 RESERVED FOR FUTURE CODIFICATION

.2305 RESERVED FOR FUTURE CODIFICATION

.2306 RESERVED FOR FUTURE CODIFICATION

.2307 RESERVED FOR FUTURE CODIFICATION

.2308 RESERVED FOR FUTURE CODIFICATION

.2309 RESERVED FOR FUTURE CODIFICATION

.2310 RESERVED FOR FUTURE CODIFICATION

.2311 RESERVED FOR FUTURE CODIFICATION

.2312 RESERVED FOR FUTURE CODIFICATION

.2313 RESERVED FOR FUTURE CODIFICATION

.2314 RESERVED FOR FUTURE CODIFICATION

.2315 RESERVED FOR FUTURE CODIFICATION

.2316 RESERVED FOR FUTURE CODIFICATION

.2317 RESERVED FOR FUTURE CODIFICATION

.2318 CHILD CARE CENTER RECORD RETENTION

SECTION .2400 CHILD CARE FOR MILDLY ILL CHILDREN 134

.2401 SCOPE

.2402 DEFINITIONS

.2403 SPECIAL PROVISIONS FOR LICENSURE

.2404 INCLUSION AND EXCLUSION REQUIREMENTS

.2405 ADMISSION REQUIREMENTS

.2406 STAFF/CHILD RATIOS

.2407 SPACE REQUIREMENTS FOR MILDLY SICK CHILDREN

.2408 STAFF QUALIFICATIONS

.2409 CHILDREN’S RECORDS

.2410 CHILDREN’S ACTIVITIES

.2411 NUTRITION REQUIREMENTS

SECTION .2500 CARE FOR SCHOOL-AGE CHILDREN 140

.2501 SCOPE

.2502 SPECIAL PROVISIONS FOR SUMMER DAY CAMPS

.2503 BUILDING CODE REQUIREMENTS

.2504 SPACE REQUIREMENTS

.2505 HEALTH REQUIREMENTS FOR CHILDREN

.2506 GENERAL SAFETY REQUIREMENTS

.2507 OPERATING POLICIES – REPEALED OCTOBER 1, 2017

.2508 AGE APPROPRIATE ACTIVITIES

.2509 ACTIVITIES: OFF-PREMISES

.2510 STAFF QUALIFICATIONS

.2511 OTHER STAFF REQUIREMENTS – REPEALED JULY 1, 2008

.2512 DEVELOPMENTAL DAY CENTERS – TRANSFERRED TO 10A NCAC 09 .0505

SECTION .2600 CHILD CARE FOR CHILDREN WHO ARE 147

MEDICALLY FRAGILE

.2601 SCOPE – EXPIRED JUNE 1, 2015

Effective February 1, 2021 vii

.2602 DEFINITIONS – EXPIRED JUNE 1, 2015

.2603 SPECIAL PROVISIONS FOR LICENSURE – EXPIRED JUNE 1, 2015

.2604 OPERATIONAL POLICIES – EXPIRED JUNE 1, 2015

.2605 STAFF/CHILD RATIOS – EXPIRED JUNE 1, 2015

.2606 SPACE REQUIREMENTS – EXPIRED JUNE 1, 2015

.2607 STAFF QUALIFICATIONS – EXPIRED JUNE 1, 2015

.2608 CHILDREN’S PLAN OF CARE – EXPIRED JUNE 1, 2015

.2609 NUTRITION REQUIREMENTS – EXPIRED JUNE 1, 2015

.2610 TRANSPORTATION – EXPIRED JUNE 1, 2015

.2611 RESERVED FOR FUTURE CODIFICATION

.2612 RESERVED FOR FUTURE CODIFICATION

SECTION .2700 CRIMINAL BACKGROUND CHECKS 148

.2701 SCOPE

.2702 DEFINITIONS

.2703 CRIMINAL HISTORY RECORD CHECK REQUIREMENTS FOR CHILD

CARE PROVIDERS

.2704 CRIMINAL HISTORY RECORD CHECK REQUIREMENTS FOR NONLICENSED

CHILD CARE PROVIDERS

SECTION .2800 TWO THROUGH FIVE STAR RATED LICENSES 153

.2801 SCOPE

.2802 APPLICATION FOR A TWO THROUGH FIVE STAR RATED LICENSE

.2803 PROGRAM STANDARDS FOR A THREE COMPONENT RATED LICENSE

FOR CHILD CARE CENTERS

.2804 ADMINISTRATIVE POLICIES – TRANSFERRED TO 10A NCAC 09 .0513

.2805 OPERATIONAL AND PERSONNEL POLICIES – TRANSFERRED TO 10A NCAC

09 .0514

.2806 CAREGIVING ACTIVITIES FOR PRESCHOOL-AGED CHILDREN

.2807 PARENT PARTICIPATION – TRANSFERRED TO 10A NCAC 09 .0515

.2808 NIGHT CARE – TRANSFERRED TO 10A NCAC 09 .0516

.2809 ENHANCED SPACE REQUIREMENTS

.2810 STAFF/CHILD RATIOS FOR A THREE COMPONENT RATED LICENSE

.2811 EDUCATION STANDARDS FOR A RATED LICENSE FOR CHILD CARE

CENTERS

.2812 EDUCATION STANDARDS FOR CENTERS THAT PROVIDE CARE ONLY TO

SCHOOL-AGED CHILDREN

.2813 COMPLIANCE HISTORY STANDARDS FOR A RATED LICENSE FOR CHILD

CARE CENTERS – REPEALED JULY 1, 2010

.2814 PROGRAM STANDARDS FOR A RATED LICENSE FOR FAMILY CHILD CARE

HOMES – REPEALED JULY 1, 2010

.2815 EDUCATION STANDARDS A THREE COMPONENT RATED LICENSE

FOR FAMILY CHILD CARE HOMES – REPEALED JULY 1, 2010

.2816 COMPLIANCE HISTORY STANDARDS A RATED LICENSE FOR FAMILY CHILD

CARE HOMES – REPEALED JULY 1, 2010

.2817 ENHANCED PROGRAM STANDARDS FOR CHILD CARE CENTERS

.2818 ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE

CENTERS

.2819 ENHANCED EDUCATION STANDARDS FOR ON-SITE ADMINISTRATORS FOR

A RATED LICENSE FOR CHILD CARE CENTERS

Effective February 1, 2021 viii

.2820 ENHANCED EDUCATION STANDARDS FOR LEAD TEACHERS FOR A RATED

LICENSE FOR CHILD CARE CENTERS

.2821 ENHANCED EDUCATION STANDARDS FOR TEACHERS FOR A RATED

LICENSE FOR CHILD CARE CENTERS

.2822 ENHANCED EDUCATION STANDARDS FOR PROGRAM COORDINATORS FOR

A RATED LICENSE FOR CHILD CARE CENTERS

.2823 ENHANCED EDUCATION STANDARDS FOR GROUP LEADERS AND

ASSISTANT GROUP LEADERS FOR A RATED LICENSE FOR CHILD CARE

CENTERS AND FOR CENTERS THAT PROVIDE CARE ONLY TO SCHOOL-AGE

CHILDREN

.2824 ENHANCED EDUCATION STANDARDS FOR A RATED LICENSE FOR

ADMINISTRATORS FOR CENTERS THAT PROVIDE CARE ONLY TO SCHOOL-

AGE CHILDREN

.2825 ENHANCED EDUCATION STANDARDS FOR PROGRAM COORIDINATORS FOR

A RATED LICENSE FOR CENTERS THAT PROVIDE CARE ONLY TO SCHOOL-

AGE CHILDREN

.2826 EDUCATION STANDARDS FOR GROUP LEADERS AND ASSISTANT GROUP

LEADERS FOR A RATED LICENSE FOR CENTERS THAT PROVIDE CARE ONLY

TO SCHOOL-AGED CHILDREN

.2827 ENHANCED EDUCATION STANDARDS FOR OPERATORS FOR A RATED

LICENSE FOR FAMILY CHILD CARE HOMES

.2828 ENHANCED PROGRAM STANDARDS FOR A RATED LICENSE FOR FAMILY

CHILD CARE HOMES

.2829 QUALITY POINT OPTIONS

.2830 MAINTAINING THE STAR RATING

.2831 HOW AN OPERATOR MAY REQUEST OR APPEAL A CHANGE IN RATING

SECTION .2900 DEVELOPMENTAL DAY SERVICES 175

.2901 SCOPE

.2902 LICENSE

.2903 STAFF QUALIFIATIONS

.2904 PROGRAM REQUIREMENTS

.2905 FAMILY SERVICES

SECTION .3000 NC PRE-KINDERGARTEN SERVICES 182

.3001 SCOPE

.3002 FACILITY REQUIREMENTS

.3003 PROGRAM ATTENDANCE POLICY

.3005 CHILD HEALTH ASSESSMENTS

.3006 DEVELOPMENTAL SCREENING

.3007 EARLY LEARNING STANDARDS AND CURRICULA

.3008 FORMATIVE ASSESSMENTS

.3009 STAFF-TO-CHILD RATIO AND CLASS SIZE

.3010 FAMILY ENGAGEMENT

.3011 NC PRE-K SITE-LEVEL ADMINISTRATOR QUALIFICATIONS

.3012 NC PRE-K TEACHER EDUCATION, LICENSURE AND CREDENTIALS

.3013 NC PRE-K TEACHER ASSISTANT EDUCATION AND CREDENTIALS

.3014 NC PRE-K SUBSTITUTE STAFF

.3015 NC PRE-K TEACHER AND TEACHER ASSISTANT STANDARDS

.3016 PROFESSIONAL DEVELOPMENT REQUIREMENTS

.3017 CHILDREN WITH UNIQUE NEEDS AND CHALLENGING BEHAVIORS

Effective February 1, 2021 ix

SECTION .3100 – CARE FOR SCHOOL-AGE CHILDREN DURING STATE OF 190

EMERGENCY

.3101 SCOPE

.3102 DEFINITIONS

.3103 PUBLIC SCHOOLS

.3104 ADDING SPACE AT LICENSED CENTERS FOR CARE OF SCHOOL-AGE

CHILDREN

The North Carolina Department of Health and Human Services does not discriminate on the basis of race,

color, national origin, sex, religion, age or disability in employment or the provision of services.

Effective February 1, 2021 x

[THIS PAGE IS INTENTIONALLY LEFT BLANK]

Effective February 1, 2021 1

CHAPTER 9 – CHILD CARE RULES

SECTION .0100 – DEFINITIONS

10A NCAC 09 .0101 RESERVED FOR FUTURE CODIFICATION

10A NCAC 09 .0102 DEFINITIONS

The terms and phrases used in this Chapter are defined as follows except when the context of the

rule requires a different meaning. The definitions prescribed in G.S. 110-86 also apply to these

Rules.

(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) “Agency” as used in this Chapter means Division of Child Development and

Early Education, Department of Health and Human Services located at 333 Six

Forks Road, Raleigh, North Carolina 27609.

(3) “Appellant” means the person or persons who request a contested case hearing.

(4) “Basic School-Age Care” training (BSAC training) means the training on the

elements of quality afterschool care for school-age children, developed by the

North Carolina State University Department of 4-H Youth Development and

subsequently revised by the North Carolina School-age Quality Improvement

Project.

(5) “Biocontaminant” means blood, bodily fluids, or excretions that may spread

infectious disease.

(6) “Child Care Center” means an arrangement where, at any one time, there are three

or more preschool-age children or nine or more school-age children receiving

child care. This does not include arrangements described in Item (18) of this Rule

regarding Family Child Care Homes.

(7) “Child Care Facility” means child care centers, family child care homes, and any

other child care arrangement not excluded by G.S. 110-86(2), that provides child

care, regardless of the time of day, wherever operated, and whether or not

operated for profit.

(8) “Child care provider” as defined by G.S. 110-90.2(a)(2) includes the following

employees who have contact with the children in a child care program:

(a) facility directors;

(b) child care administrative staff;

(c) teachers;

(d) teachers’ aides;

(e) substitute providers;

(f) uncompensated providers;

(g) cooks;

(h) maintenance personnel; and

(i) drivers.

(9) “Child Development Associate Credential” means the national early childhood

credential administered by the Council for Early Childhood Professional

Recognition.

Effective February 1, 2021 2

(10) “Curriculum” means a curriculum that has been approved as set forth in these

Rules by the NC Child Care Commission as comprehensive, evidenced-based,

and with a reading component.

(11) “Developmentally appropriate” means suitable to the chronological age range and

developmental characteristics of a specific group of children.

(12) “Division” means the Division of Child Development and Early Education within

the Department of Health and Human Services.

(13) “Domains” means the developmental areas of learning described in the North

Carolina Foundations for Early Learning and Development © 2013, available on

the Division’s website at http://ncchildcare.nc.gov/providers/pv_foundations.asp.

This instrument is incorporated by reference and does not include subsequent

editions. The domains address children’s emotional and social development,

health and physical development, approaches to play and learning, language

development, and communication and cognitive development.

(14) “Drop-in care” means a child care arrangement where children attend on an

intermittent, unscheduled basis.

(15) “Early Childhood Environment Rating Scale – Revised Edition” (Harms, Clifford,

and Cryer, 2005, published by Teachers College Press, New York, NY) is the

instrument used to evaluate the quality of care received by a group of children in a

child care center, when the majority of children in the group are two and a half

years old through five years old, to achieve three or more points for the program

standards of a rated license. This instrument is incorporated by reference and does

not include subsequent editions. A copy of the scale is available for purchase on

the Teachers College Press website at

http://www.teacherscollegepress.com/assessment_materials.html. The cost of this

scale is twenty-four dollars and ninety-five cents ($24.95). A copy of this

instrument is on file at the Division at the address given in Item (2) of this Rule

and is available for public inspection during regular business hours. For the

purposes of this Rule, “regular business hours” for the Division means 8 a.m. to 5

p.m. during weekdays, excluding state holidays.

(16) “Experience working with school-age children” means working with school-age

children as a child care administrator, program coordinator, group leader, assistant

group leader, lead teacher, teacher or aide.

(17) “Family Child Care Environment Rating Scale – Revised Edition” (Harms, Cryer

and Clifford, 2007, published by Teachers College Press, New York, NY) is the

instrument used to evaluate the quality of care received by children in family

child care homes to achieve three or more points for the program standards of a

rated license. This instrument is incorporated by reference and does not include

subsequent editions. A copy of the scale is available for purchase on the Teachers

College Press website at

http://www.teacherscollegepress.com/assessment_materials.html. The cost of this

scale is twenty-four dollars and ninety-five cents ($24.95). A copy of this

instrument is on file at the Division at the address given in Item (2) of this Rule

and is available for public inspection during regular business hours.

(18) “Family Child Care Home” means a child care arrangement located in a residence

where, at any one time, more than two children, but less than nine children,

Effective February 1, 2021 3

receive child care. Family child care home operators must reside at the location of

the family child care home.

(19) “First aid kit” is a collection of first aid supplies (such as bandages, tweezers,

disposable nonporous gloves, micro shield or face mask, liquid soap, cold pack)

for treatment of minor injuries or stabilization of major injuries.

(20) “Group” means the children assigned to a specific caregiver or caregivers, to meet

the staff/child ratios set forth in G.S. 110-91(7) and in this Chapter, using space

the Division has identified for each group.

(21) “Health care professional” means:

(a) a physician licensed in North Carolina;

(b) a nurse practitioner approved to practice in North Carolina; or

(c) a licensed physician assistant.

(22) “Household member” means a person who resides in a family home as evidenced

by factors including maintaining clothing and personal effects at the household

address, receiving mail at the household address, using identification with the

household address, or eating and sleeping at the household address on a regular

basis.

(23) “If weather conditions permit” means:

(a) temperatures that fall within the guidelines developed by the Iowa

Department of Public Health and specified on the Child Care Weather

Watch chart. These guidelines shall be used when determining appropriate

weather conditions for taking children outside for outdoor learning

activities and playtime. This chart may be downloaded free of charge from

http://idph.iowa.gov/Portals/1/Files/HCCI/weatherwatch.pdf; and is

incorporated by reference and includes subsequent editions and

amendments;

(b) following the air quality standards as set out in 15A NCAC 18A .2832(d).

The Air Quality Color Guide can be found on the Division’s web site at

https://xapps.ncdenr.org/aq/ForecastCenter or call 1-888-RU4NCAIR (1-

888-784-6224); and

(c) no active precipitation. Caregivers may choose to go outdoors when there

is active precipitation if children have appropriate clothing such as rain

boots and rain coats, or if they are under a covered area.

(24) “Infant” means any child from birth through 12 months of age.

(25) “Infant/Toddler Environment Rating Scale – Revised Edition” (Harms, Cryer, and

Clifford, 2003, published by Teachers College Press, New York, NY) is the

instrument used to evaluate the quality of care received by a group of children in a

child care center, when the majority of children in the group are younger than 30

months old, to achieve three or more points for the program standards of a rated

license. This instrument is incorporated by reference and does not include

subsequent editions. A copy of the scale is available for purchase on the Teachers

College Press website at

http://www.teacherscollegepress.com/assessment_materials.html. The cost of this

scale is twenty-four dollars and ninety-five cents ($24.95). A copy of this

instrument is on file at the Division at the address given in Item (2) of this Rule

and is available for public inspection during regular business hours.

Effective February 1, 2021 4

(26) “ITS-SIDS Training” means the Infant/Toddler Safe Sleep and SIDS Risk

Reduction Training developed by the NC Healthy Start Foundation and

administered by the North Carolina Child Care Health and Safety Resource

Center for the Division of Child Development and Early Education for caregivers

of children ages 12 months and younger. Information regarding trainer and

training availability can be found on the Division’s website at

http://ncchildcare.ncdhhs.gov/providers/pv_itssidsproject.asp.

(27) “Lead Teacher” means an individual who is responsible for planning and

implementing the daily program of activities for a group of children in a child

care facility. A lead teacher is counted in staff/child ratio, has unsupervised

contact with children, and is monetarily compensated by the facility.

(28) “Licensee” means the person or entity that is granted permission by the State of

North Carolina to operate a child care facility. The owner of a facility is the

licensee.

(29) “Lockdown drill” means an emergency safety procedure in which occupants of

the facility remain in a locked indoor space and is used when emergency

personnel or law enforcement determine a dangerous person is in the vicinity.

(30) “North Carolina Early Childhood Administration Credential” means the state

early childhood administration credential that is based on completion of required

early childhood coursework taken at any NC Community College. Other post

secondary curriculum coursework shall be approved as equivalent if the Division

determines that the content of the other post secondary curriculum coursework

offered is substantially equivalent to the NC Early Childhood Administration

Credential Coursework. A copy of the North Carolina Early Childhood

Administration Credential requirements is on file at the Division at the address

given in Item (2) of this Rule and is available for public inspection or copying at

no charge during regular business hours. This information can be found on the

Division’s website at http://ncchildcare.ncdhhs.gov/providers/credent.asp.

(31) “North Carolina Early Educator Certification (certification)” …