North Carolina Licensing Standards for Day Care Centers

(a) In addition to the requirements set forth in Rules .0302 and .1702, of this Subchapter the prospective child day care provider shall submit to the Division at the time of application the following forms:

(1) a certified criminal history check from the Clerk of Superior Court's office in the county or counties where the individual has resided during the previous 12 months;

(2) a signed Authority for Release of Information using the form provided by the Division; and

If the prospective child day care provider has lived in North Carolina for less than five consecutive years immediately preceding the date the fingerprint card is completed, a second fingerprint card shall be submitted in order to complete a national check.

(b) The prospective child day care provider shall sign a statement declaring under penalty of perjury if he or she has been convicted of a crime other than a minor traffic violation. The prospective child day care provider shall maintain this statement on file to be available for review by a representative of the Division until the notice of qualification is received by the provider. If the prospective child day care provider has been convicted of a crime including, but not limited to, those specified in G.S. 110-90.2, the prospective child day care provider shall acknowledge on the statement that he or she is aware that the issuance of a permit is conditional pending approval by the Division.

(c) If the prospective child day care provider has been convicted of a crime including, but not limited to, those specified in G.S. 110-90.2, he or she may submit to the Division additional information concerning the conviction that could be used by the Division in making the determination of the prospective child day care provider's qualification. The Division may consider the following in making their decision: length of time since conviction; nature of the crime; circumstances surrounding the commission of the offense or offenses; evidence of rehabilitation; number of prior offenses; and age of the individual at the time of occurrence.

(d) A prospective child day care provider's refusal to complete the required criminal history record check paperwork is reasonable cause to deny issuance of a permit.

(e) The Division shall notify the prospective child day care provider in writing of the determination by the Division of the individual's fitness to have responsibility for the safety and well-being of children based on the criminal history.

(f) Determination by the Division that the prospective child day care provider is disqualified is reasonable cause to deny issuance of a permit.

(g) If the prospective child day care provider is a firm, partnership, association, or corporation, the chief executive officer or other person serving in like capacity, or a person designated by the chief executive officer as responsible for the operation of the facility, shall complete the criminal history record check as specified in Paragraph(a) of this Rule.

(h) When a Letter of Intent to Operate pursuant to G.S. 110-106 and G.S. 110-106.1 is submitted to the Division, the person signing the Letter of Intent shall also submit all forms as required in Rule .2702(a) of this Section.

(i) Determination by the Division that the person submitting the Letter of Intent is disqualified is reasonable cause to issue a Notice to Cease Operation.

(j) Any child day care provider who owns or operates an existing child care program, and who is applying for a permit for an additional child care program within one year from the date of qualification that was based on fingerprinting, shall submit a certified criminal history check from the Clerk of Superior Court's office in the county or counties where the individual has resided during the previous 12 months. A new fingerprint card shall not be required unless deemed necessary by the Division in making the determination of qualification. If the criminal history check was completed more than one year prior to the application for an additional child care program, the applicant shall complete all forms as required in Paragraph(a) of this Rule.

History Note: Authority G.S. 110-90.2; 114-19.5; 143B-168.3; S.L. 1995, c. 507, s. 23.25;

(a) Child day care providers shall submit the following to their employer no later than five working days after beginning work:

(1) a certified criminal history check from the Clerk of Superior Court's office in the county where the individual resides;

(2) a signed Authority for Release of Information using the form provided by the Division;

(4) a signed statement declaring under penalty of perjury if he or she has been convicted of a crime other than a minor traffic violation.

If the child day care provider has been convicted of a crime, including, but not limited to, those specified in G.S. 110-90.2, the child day care provider shall acknowledge on the statement that he or she is aware that the employment is conditional pending approval by the Division. If the child day care provider has lived in North Carolina for less than five consecutive years immediately preceding the date the fingerprint card is completed, a second fingerprint card shall be submitted in order to complete a national check.

(b) If the child day care provider has been convicted of a crime, including, but not limited to, those specified in G.S. 110-90.2, he or she may submit to the Division additional information concerning the conviction that could be used by the Division in making the determination of the provider's qualification for employment. The Division may consider the following in making their decision: length of time since conviction; nature of the crime; circumstances surrounding the commission of the offense or offenses; evidence of rehabilitation; number of prior offenses; and age of the individual at the time of occurrence.

(c) The child day care provider's employer shall mail the local criminal history check, Authority for Release of Information using the form provided by the Division, and fingerprint card(s) to the Division no later than three working days after receipt. A copy of the submitted information, and the declaration statement, shall be maintained in the child day care provider's personnel file, and shall be available for review by a representative of the Division until the notice of qualification is received by the provider. At that time the submitted information and the declaration statement may be discarded. The notice of qualification shall be maintained in the child day care provider's personnel file, and shall be available for review by a representative of the Division.

(d) The child day care provider shall be on probationary status pending the determination of qualification or disqualification by the Division.

(e) The Division shall notify the child day care provider in writing of the determination by the Division of the individual's fitness to have responsibility for the safety and well-being of children based on the criminal history. The Division shall notify the employer if any, in writing of the Division's determination concerning the child day care provider; however, the employer shall not be told the specific information used in making the determination.

(f) If the child day care provider changes employers within one year from the date of qualification that was based on fingerprinting, he or she shall submit a certified criminal history check from the Clerk of Superior Court's office in the county where the individual resides. This local check shall be submitted to his or her employer no later than five working days after beginning work. The employer shall complete the steps as defined in Paragraphs(c),(d) and(g) of this Rule. A new fingerprint card shall not be required unless deemed necessary by the Division in making its determination of qualification. If the criminal history check was completed more than one year prior to employment, the child day care provider shall complete all forms as required in Paragraph(a) of this Rule.

(g) Child day care providers determined by the Division to be disqualified shall be terminated by the facility or small day care home immediately upon receipt of the disqualification notice.

(h) Refusal on the part of the employer to dismiss a child day care provider who has been found to be disqualified shall be grounds for suspension, denial or revocation of the permit in addition to any other administrative action or civil penalties pursued by the Division. If an employer appeals the administrative action, the child day care provider shall not be employed during the appeal process.

(i) A substitute child day care provider who is employed for more than five days, whether working full or part-time, shall submit all forms as required in Paragraph(a) of this Rule to the employer by the end of the fifth working day. The employer shall complete the steps as defined in Paragraphs(c),(d) and(g) of this Rule.

History Note: Authority G.S. 110-90.2; 114-19.5; 143B-168.3; S.L. 1995, c. 507, s. 23.25;

(a) Current child day care providers shall submit all forms as required in Rule .2702(a) of this Section.

(b) If the child day care provider has been convicted of a crime, including, but not limited to, those specified in G.S. 110-90.2, he or she may submit to the Division additional information concerning the conviction that could be used by the Division in making the determination of the provider's qualification. The Division may consider the following in making their decision: length of time since conviction; nature of the crime; circumstances surrounding the commission of the offense or offenses; evidence of rehabilitation; number of prior offenses; and age of the individual at the time of occurrence.

(c) The Division shall notify the child day care provider in writing of the determination by the Division of the individual's fitness to have responsibility for the safety and well-being of children based on the criminal history. The Division shall notify the employer, if any, in writing of the Division's determination concerning the child day care provider; however the employer shall not be told the specific information used in making the determination.

(d) Child day care providers determined by the Division to be disqualified shall be terminated by the facility or small day care home immediately upon receipt of the notification.

(e) Refusal on the part of the employer to dismiss a child day care provider who has been found to be disqualified shall be grounds for suspension, denial or revocation of the permit in addition to any other administrative action or civil penalties pursued by the Division.

(f) Determination by the Division that the employer is disqualified is reasonable cause to suspend, deny or revoke the permit in addition to any other administrative actions or civil penalties pursued by the Division.

History Note: Authority G.S. 110-90.2; 114-19.5; 143B-168.3; S.L. 1995, c. 507, s. 23.25;

(a) The nonregistered home provider shall submit the following to the local purchasing agency:

(1) a certified criminal history check from the Clerk of Superior Court's office in the county or counties where the individual has resided during the previous 12 months;

(2) a signed Authority for Release of Information using the form provided by the Division;

(4) a signed statement declaring under penalty of perjury if he or she has been convicted of a crime other than a minor traffic violation.

(b) Current nonregistered home providers shall submit this information by the time of their next reenrollment as a provider of subsidized child day care. New nonregistered home providers shall submit this information no later than five working days after applying for enrollment as a nonregistered home provider of subsidized child day care.

(c) If the nonregistered home provider has been convicted of a crime, including, but not limited to, those specified in G.S. 110-90.2, the nonregistered home provider shall acknowledge on the statement that he or she is aware that payment is conditional pending approval by the Division. If the nonregistered home provider has lived in North Carolina for less than five consecutive years immediately preceding the date the fingerprint card is completed, a second fingerprint card shall be submitted in order to complete a national check.

(d) If the nonregistered home provider has been convicted of a crime, including, but not limited to, those specified in G.S. 110-90.2, he or she may submit to the Division additional information concerning the conviction that could be used by the Division in making the determination of the provider's qualification. The Division may consider the following in making their decision: length of time since conviction; nature of the crime; circumstances surrounding the commission of the offense or offenses; evidence of rehabilitation; number of prior offenses; and age of the individual at the time of occurrence.

(e) The local purchasing agency shall mail the local criminal history check, Authority for Release of Information using the form provided by the Division, and fingerprint card(s) to the Division no later than five working days after receipt. A copy of the submitted information, and the declaration statement, shall be maintained in the nonregistered home provider's file until the notice of qualification is received by the nonregistered home provider. At that time the submitted information and the declaration statement may be discarded. The notice of qualification shall be maintained in the nonregistered home provider's file.

(f) A nonregistered home provider may receive payment during the period in which the state or national criminal history check is being completed if the applicant would otherwise receive approval or temporary approval from the local purchasing agency for enrollment in the subsidized child day care program, subject to the provisions referenced in 10 NCAC 46G .0111(b), 10 NCAC 46G .0214, and 10 NCAC 46G .0215.

(g) The Division shall notify the nonregistered home provider in writing of the determination by the Division of the individual's fitness to have responsibility for the safety and well-being of children based on the criminal history. The Division shall notify the local purchasing agency in writing of the Division's determination concerning the nonregistered home provider; however, the local purchasing agency shall not be told the specific information used in making the determination.

(h) Disqualification of a nonregistered home provider by the Division shall be reasonable cause for the local purchasing agency to deny further payment.

(i) If a nonregistered home provider disagrees with the decision of disqualification and files a civil action in district court, the provider may continue to operate but shall not receive payment during the proceedings. If the determination is that the nonregistered home provider is qualified, the nonregistered provider shall receive retroactive payment for the care that was provided.

History Note: Authority G.S. 110-90.2; 114-19.5; 143B-168.3; S.L. 1995, c. 507, s. 23.25;

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SECTION .2700 - CRIMINAL RECORDS CHECKS