NC Child Care Requirements
EDU 261
Fall 2014
North Carolina
• NC Division of Child Development
• Mission
– Building a stronger social and economic future for
North Carolina by promoting high quality early
childhood experiences
Division of Child Development
History
• In 1971, North Carolina's first child day care licensing law was passed. As a
result, the North Carolina Department of Administration, Office of Child
Day Care Licensing was created.
• In 1985, the North Carolina General Assembly passed legislation that
consolidated the Office of Child Day Care Licensing and the NC
Department of Human Resources, Office of Child Day Care Services. This
consolidation led to the creation of the Child Day Care Section, which was
housed in the NC Division of Facility Services under the NC Department of
Human Resources.
• In 1993, the Child Day Care Section and some other parts of the
Department of Human Resources (now referred to as the Department of
Health and Human Services) agencies were reorganized into the Division
of Child Development.
• The creation of the Division reflected the growing importance of child care
to North Carolina families. North Carolina boasts one of the highest rates
of working mothers with young children in the nation, making the
availability of child care essential for the State's economic development
and stability.
Regulatory Services Section
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Monitors and licenses all child care programs in
North Carolina. Key responsibilities include:
Assuring a safe and healthy child care environment
in licensed Child Care Centers and Homes
Promoting the overall availability of child care
Increasing the availability of child care that meets
higher than minimum licensing standards
Increasing the amount of information provided to
the public regarding child care arrangements and
children's needs
Monitoring child care arrangements for compliance
with requirements
Regulatory Services Section
• Investigating complaints about child care
arrangements, including reports of child abuse or
neglect, and taking appropriate action
• Investigating reports of illegal operations
• Issuing licenses and other operating permits to child
care arrangements
• Providing technical assistance and training to child
care providers, potential providers and local agencies
• Providing consumer education and increasing parent
outreach efforts by making information about North
Carolina child care providers available on the Internet
through the Division's Facility Search Site
Licensing Requirements Overview
• It is important for licensed providers to be
knowledgeable of all of the licensing
requirements that apply to their type of
program.
• Child care consultants can make
unannounced visits at any time.
• It's the provider's responsibility to be in
compliance with all of the applicable laws
and rules.
• Another way for providers to make sure that
they are meeting all regulations is to
periodically review the child care law and
rules online.
• North Carolina has three different documents
regulating health and safety in child care.
– Chapter 110 General Statutes Child Care Facilities
– Chapter 9 - Child Care Rules
– Section 2800 Sanitation of Child Care Centers
Laws and Rules
• Laws: created by the legislature
– General Statutes
Chapter 110 of the North Carolina
General Statutes: Child Care Facilities
(7/2010)
• Rules: created by the Child Care
Commission
CHAPTER 9 - CHILD CARE RULES
(Effective August 1, 2010)
NC Child Care Commission
• The NC Child Care Commission is made up of fifteen members:
– seven are appointed by the Governor,
– four by the Speaker of the House of Representatives,
– and four by the President Pro Tempore of the Senate.
– Child Care Commission Members are appointed to serve twoyear terms.
– Members may be reappointed and can serve up to 4
consecutive terms for a total of eight consecutive years.
– The Commission is highly committed to ensuring quality child
care across North Carolina.
– Commission members hear from parents, providers and the
public about their opinions on child care in North Carolina’s
Child Care Rules.
– This is generally done at each Commission meeting during a
time that is set aside for comments from the public.
• The Child Care Commission meetings are held quarterly, generally in
Raleigh at the main office of the Division.
NC Child Care Commission
– The NC Child Care Commission is responsible for adopting
rules to implement the child care laws established by the
NC General Assembly.
– The Child Care Commission makes rules about:
– Procedures a child care center or home must follow to
obtain a license
– Health and safety requirements for child care centers or
homes, including
• Safety of indoor/outdoor equipment and environment
• Health requirements for children and staff
• How medication may be administered to children
• When sick children must be excluded from child care
– Staff qualifications and training
– Supervision of children
NC Child Care Commission
– The maximum allowable ratios of staff to children in care
(centers)
– Developmentally appropriate activities for children
– Nutrition standards that child care centers or homes must
follow
– Discipline policies of child care centers or homes
– Requirements for transporting children
– Records that child care centers or homes must keep
– Voluntary higher standards to achieve a two-five star rated
license
– Administrative actions that may be taken by the Division of
Child Development against a license
Who's Regulated by the Division of
Child Development?
• If you are caring for more than two children
who aren't related to you for more than four
hours a day, you might need to be licensed.
• If you do not meet any of the exemption
scenarios provided below, then you need to
apply for a license
The exemptions are:
• Recreational programs operated for less than four
consecutive months in a year
• Specialized activities or instruction such as athletics, dance,
art, music lessons, horseback riding, gymnastics, or
organized clubs for children, such as Boy Scouts, Girl Scouts,
4-H groups, or boys and girls clubs
• Drop-in or short-term care provided while parents
participate in activities that are not employment related and
where the parents are on the premises or otherwise easily
accessible, such as drop-in or short-term care provided in
health spas, bowling alleys, shopping malls, resort hotels, or
churches
• Public Schools
The exemptions are:
• Nonpublic schools that are accredited by the Southern
Association of Colleges and Schools and that operate a child
care facility for less than six and one-half hours per day
• Vacation Bible Schools
• Centers and Homes located on federal property over which
the federal government has control (military based and the
Cherokee Indian reservation)
• Cooperative arrangements among parents to provide care
for their own children as a convenience rather than for
employment
• Any child care program or arrangement consisting of two or
more separate components, each of which operates for four
hours or less per day with different children attending each
component
How Do I Get Licensed?
• Determine the kind of child care program you want to
offer.
• This is important because the application/forms vary
based on size and type of program.
• If you want to provide care in your home for a maximum
of five preschool children, or up to eight children if at least
three are school-aged, then you need to follow the Family
Child Care Home application process
• If you want to provide care for more than five preschool
children, then you need to follow the Child Care Centers
application process.
– The number of children you can care for is based upon indoor
and outdoor square footage, completed building fire and
sanitation inspections and any local zoning ordinances
Child Care Center Application Process:
• Contact the Division of Child Development and
request the Basic Information for Potential
Providers booklet.
• You can call our toll-free number 800.859.0829
(in-state calls only) or 919.662.4499.
• The booklet, available free of charge, describes
the state requirements for operating a Child
Care Center in North Carolina.
• Check with your county or city governments to
find out if there are additional local standards.
• A registration form to attend a Prelicensing Workshop
is included with the Basic Information for Potential
Providers booklet.
• Attendance at a Prelicensing Workshop is required for
anyone interested in opening a Child Care Center.
The workshop leader will discuss topics such as:
• Issues to consider in selecting both a site and a
building for a Child Care Center
• The role of building, fire, and sanitation inspectors, as
well as the child care consultants
• Caregiving requirements for young children
• The cost of the two day Prelicensing Workshop is
$150.00 per person.
– You will receive a copy of the Child Care Handbook, which
describes North Carolina licensing requirements and
includes resource materials.
• After attending the Prelicensing Workshop, you
will receive the name and phone number of the
Licensing supervisor in your area.
• The licensing supervisor will assign a child care
consultant to work with you.
• Your consultant will schedule several
prelicensing visits with you to talk about the
specific licensing requirements for your center
and to assist you in completing the application
forms.
• Once it is determined that all applicable
requirements have been met, the license will be
issued.