North Carolina North Carolina

Licensing Standards for DayCare Centers


SECTION .0700 - REQUIREMENTS FOR CENTER STAFF

.0701 HEALTH STANDARDS FOR STAFF

(a) All personnel, including the director, shall have on file within 60 days of the date of employment, a statement signed by a licensed physician or an authorized health professional under his/her supervision, that indicates that the person is emotionally and physically fit to care for children. When submitted the medical statement shall not be older than 12 months. For the purposes of this Rule, an authorized health professional means a nurse practitioner or physician assistant currently approved to perform medical acts by the North Carolina Board of Medical Examiners.

(b) The Division, or the director of the child care center, may request another evaluation of an employee's emotional and physical fitness to care for children when there is reason to believe that there has been deterioration in the person's emotional or physical fitness to care for children.

(c) A test showing each employee, including the director, to be free of active tuberculosis is required prior to employment. The results indicating the individual is free of active tuberculosis shall be obtained within the 12 months prior to the date of employment.

(d) Each employee, including the director, shall also annually submit a medical statement from a licensed physician or authorized health professional as defined in(a) of this Rule, or must complete a health questionnaire giving information about the status of his/her health on a form provided by the Division.

(e) Staff medical statements, proof of a tuberculosis test, and completed health questionnaires shall be included in the employee's individual personnel file in the center.

(f) Emergency medical care information shall be on file for each individual staff person. That information shall include the name, address, and telephone number of the person to be contacted in case of an emergency, the responsible party's choice of health care provider, and preferred hospital; any chronic illness the individual has and any medication taken for that illness; and any other information that has a direct bearing on assuring safe medical treatment for the individual. This emergency medical care information shall be on file in the center on the staff person's first day of employment.

History Note: Authority G.S. 110-91(1),(8),(9); 143B-168.3;

Eff. January 1, 1986; Amended Eff. July 1, 1998.

.0702 STANDARDS FOR SUBSTITUTES AND VOLUNTEERS

(a) The substitute staff and volunteers who are counted in the child care staff/child ratio shall comply with the health standards contained in this Section.

(b) All substitutes and volunteers not included in the child care staff/child ratio shall complete the health questionnaire described in Rule .0701 of this Section prior to the first day of work and will complete a health questionnaire annually thereafter as long as they continue to work in the center.

(c) A test showing each substitute and volunteer is free of active tuberculosis is required prior to the first day of work. The results of the test shall be obtained within the 12 months prior to employment or the beginning of the volunteer activity. This requirement shall apply only to individuals who volunteer more than once per week.

(d) The age of substitute staff and volunteers shall be verified prior to the first day of work by documenting the substitute staff or volunteer's date of birth in the individual's record. Any substitute teacher shall be at least 18 years old and literate.

(e) Emergency medical care information as described in Rule .0701(f) of this Section shall be on file for all substitutes and volunteers on the person's first day of work.

History Note: Authority G.S. 110-91(1),(8),(9); 143B-168.3;

Eff. January 1, 1986; Amended Eff. July 1, 1998; October 1, 1991.

.0703 GENERAL STATUTORY REQUIREMENTS

(a) Staff counted toward meeting the staff/child ratio requirements set forth in Rules .0712 and .0713 of this Section shall meet the requirements of G.S. 110-91(8). No one under 18 years of age shall have full responsibility for or be left in charge of a group of children.

(b) Anyone who is at least 13 years of age, but less than 16 years of age, may work in a child care center on a volunteer basis, as long as he or she is supervised by and works with a required staff person who is at least 21 years of age, and also meets the health standards for volunteers found in Rule .0702 of this Section. No one younger than 16 years old shall be left alone with children nor counted toward meeting the required staff/child ratio.

(c) The provisions of G.S. 110-91(8) which exclude persons with certain criminal records or personal habits or behavior which may be harmful to children from operating or being employed in a child care center are hereby incorporated by reference and shall also apply to any person on the premises with the operator's permission when the children are present. This exclusion does not include parents or other persons who enter the center only for the purpose of performing parental responsibilities; nor does it include persons who enter the center for brief periods for the purpose of conducting business with the operator and who are not left alone with the children.

(d) Within six months of an individual assuming lead teacher or child care administrator duties, each center shall maintain the following information in the individual's staff record:

(1) a copy of the credential certificate; or

(2) a copy of notification from the Division that the individual meets the equivalency or that the individual does not meet the equivalency and must enroll in coursework; or

(3) a dated copy of the request submitted by the individual to the Division for the assessment of equivalency status or the opportunity to test out of the credential coursework; or

(4) documentation of enrollment in credential coursework.

(e) If the individual does not yet meet the staff qualifications required by G.S. 110-91(8) when assuming lead teacher or administrative duties, the individual shall submit the following information to the Division within six months of assuming the duties:

(1) a request to test out of credential coursework on a form provided by the Division; or

(2) application for equivalency on a form provided by the Division, with documentation of completion of the coursework or credential to be considered for equivalency as required by the Division.

(f) For centers with a licensed capacity of three to 12 children, when an individual has responsibility both for administering the child care program and for planning and implementing the daily activities of a group of children, the requirements for lead teacher in this Section shall apply to this individual. If the program has more than one group of children the requirement regarding lead teacher shall apply to each group of children.

History Note: Authority G.S. 110-85; 110-91(8); 143B-168.3;

Eff. January 1, 1986; Amended Eff. October 29, 1998; January 1, 1990; July 1, 1988; January 1, 1987.

.0704 PRESERVICE REQUIREMENTS FOR ADMINISTRATORS

(a) A child care administrator who has not met the staff qualifications required by G.S. 110-91(8) shall meet the requirements in this Rule prior to exercising any child caring responsibilities.

(1) Have either a high school diploma or its equivalent; and

(2) Have two years of full-time verifiable work experience in a child care center or early childhood work experience; or an undergraduate, graduate, or associate degree, with at least 12 semester hours in child development, child psychology, early childhood education or directly related field; or a Child Development Associate Credential; or completion of a community or technical college curriculum program in the area of child care or early childhood; or one year of full-time verifiable child care or early childhood work experience and a North Carolina Early Childhood Credential; and

(3) Have verification of having successfully completed, or be currently enrolled in, 2 semester credit hours, or 32 clock hours, of training in the area of early childhood program administration; or, have one year experience performing administrative responsibilities; or,

(b) An administrator who does not meet the requirements of(a) of this Rule may share the requirements in(a) of this Rule with another individual, provided that prior to exercising child caring responsibilities, the individual who is responsible for planning and implementing the daily program at the center to comply with Sections .0500 and .0600 of this Rule shall be a full-time staff person on-site who meets(a)(1) and(2) of this Rule, and the other individual shall meet(a)(3) of this Rule and be either on-site or off-site.

(c) Any person who is at least 21 years old and literate who was employed as an on-site administrator in a child care program on or before September 1, 1986, shall be exempt from the provisions of Paragraphs(a) and(b) of this Rule, as long as the person is employed by the same operator.

History Note: Authority G.S. 110-91(8); 143B-168.3;

Eff. January 1, 1986; Amended Eff. October 29, 1998; April 1, 1997; November 1, 1989; July 1, 1988.

.0705 SPECIAL TRAINING REQUIREMENTS

(a) At least one staff member shall be knowledgeable of and able to recognize common symptoms of illness.

(b) Staff who have completed within the last three years a course in basic first aid approved by the Division shall be present at the center at all times children are present. The number of staff required to complete the course shall be based on the number of children present in the center as shown in the following chart:

Number of children present

Number of staff trained in first aid required

1-29

1 staff

30-79

2 staff

80 and above

3 staff

Verification of each required staff person's completion of this course shall be maintained in the person's individual personnel file in the center. The basic first aid course at a minimum shall address principles for responding to emergencies, rescue breathing, and techniques for handling common childhood injuries, accidents and illnesses such as: choking, burns, fractures, bites and stings, wounds, scrapes, bruises, cuts and lacerations, poisoning, seizures, bleeding, allergic reactions, eye and nose injuries and sudden changes in body temperature.

(c) A first aid information sheet shall be posted in a prominent place for quick referral. An acceptable form may be requested free of charge from the North Carolina Child Care Health and Safety Resource Center by calling 1-800-CHOOSE-1.

(d) Each child care center shall have at least one person on the premises at all times who has successfully completed within the last 12 months a cardiopulmonary resuscitation(CPR) course provided by either the American Heart Association or the American Red Cross or other organizations approved by the Division. Other organizations will be approved if the Division determines that the courses offered are substantially equivalent to those offered by the American Red Cross. Successfully completed is defined as demonstrating competency, as evaluated by the instructor, in performing CPR. The course shall provide training in CPR appropriate for the ages of children in care. Documentation of successful completion of the course from the American Heart Association, the American Red Cross, or other organization approved by the Division shall be on file in the center.

(e) Staff shall complete at least four clock hours of training in safety approved by the Division. At a minimum, this training shall address playground safety hazards, playground supervision, maintenance and general upkeep of the outdoor area, and age and developmentally appropriate playground equipment. Staff counted to comply with this Rule shall have six months from the date of employment, or from the date a vacancy occurs, to complete the required safety training. The number of staff required to complete this training shall be as follows:

(1) In centers with a licensed capacity of less than 30 children, at least one staff person shall complete this training.

(2) In centers with a licensed capacity of 30 or more children, at least two staff, including the administrator, shall complete this training.

History Note: Authority G.S. 110-91(1),(8); 143B-168.3;

Eff. January 1, 1986; Amended Eff. January 1, 1996; January 1, 1992; January 1, 1991; January 1, 1987;

Temporary Amendment Eff. October 1, 1997;

Amended Eff. July 1, 1998.

.0706 STAFF DEVELOPMENT PLAN

History Note: Authority G.S. 110-91(9),(11); 143B-168.3;

Eff. January 1, 1986; Amended Eff. January 1, 1987; Repealed Eff. July 1, 1988.

.0707 IN-SERVICE TRAINING REQUIREMENTS

(a) Each child care center shall provide, or arrange for the provision of, training for staff to assure that each new staff person who has contact with the children will receive a minimum of 10 clock hours of on-site orientation within the first six weeks of employment. This orientation shall include training in their job-specific duties and responsibilities; a review of the child care licensing law and regulations; a review of the individual center's personnel and operational policies, purpose, and goals; an explanation of the role of state and local government agencies, their effect on the center, their availability as a resource, and individual staff responsibilities to representatives of State and local government agencies; observation of center operations; maintaining a safe and healthy environment; and training to recognize symptoms of child abuse and neglect.

(b) The child care administrator and any staff who have responsibility for planning and supervising a child care program, as well as staff who work directly with children, shall participate in in-service training activities annually, according to the individual's assessed needs. Staff may choose one of the following options for meeting the in-service requirement:

(1) Each staff person shall complete in-service training required in G.S. 110-91(11) as specified in the following Parts:

(A) persons with a four-year degree or higher advanced degree in a child care-related field of study from a regionally accredited college or university shall complete five clock hours of training annually.

(B) persons with a two-year degree in a child care-related field of study from a regionally accredited college or university, or persons with a North Carolina Early Childhood Administration Credential or its equivalent shall complete eight clock hours of training annually.

(C) persons with a certificate or diploma in a child care-related field of study from a regionally accredited college or university, or persons with a North Carolina Early Childhood Credential or its equivalent shall complete 10 clock hours of training annually.

(D) persons employed on or after September 1, 1986 with at least 10 years documented, professional experience as a teacher, director, or caregiver in a licensed child care arrangement shall complete 15 clock hours of training annually.

(E) all other persons shall complete 20 clock hours of training annually.

(2) For staff listed in Parts(b)(1),(A),(B),(C) and(D) of this Rule, basic cardiopulmonary resuscitation(CPR) training required in Rule .0705 of this Section shall not be counted toward meeting annual in-service training. First aid training may be counted once every three years.

(3) If a child care administrator or lead teacher is currently enrolled in coursework to meet the staff qualification requirements in G.S. 110-91(8), the coursework may be counted toward meeting the annual in-service training requirement.

(c) For staff working less than 40 hours per week on a regular basis and choosing the option for 20 hours of in-service training, the training requirement may be prorated as follows:

Working Hours Per

Clock Hours

0-10

5

11-20

10

21-30

15

31-40

20

History Note: Authority G.S. 110-91(11); 143B-168.3;

Eff. January 1, 1986; Amended Eff. October 29, 1998; October 1, 1991; November 1, 1989; July 1, 1988; January 1,1987.

.0708 MEETING IN-SERVICE REQUIREMENTS

Staff may meet the in-service training requirements by attending child-care workshops, conferences, seminars, or courses, provided each training activity satisfies the following criteria:

(1) Prior approval from the Division is not required for training offered by an accredited college or university, government agency, or state or national professional organization or its recognized affiliates, provided the content complies with G.S. 110-91(11).

(2) Prior approval from the Division is required on an annual basis for training provided by agencies and organizations which have staff who provide, or who arrange for the provision of, training for child care operators and staff. To obtain such approval, the agency or organization shall submit its annual training plan to the Division. Approval shall be determined based upon the qualifications of the trainer(s).

(3) Prior approval for training shall be obtained from the Division by any organization, association, or individual not included in Paragraphs(1) and(2) of this Rule. Approval shall be determined based upon the qualifications of the trainer(s).

(4) No more than five clock hours of the 20 clock hours of training required annually shall be provided on site by center staff. This restriction shall not apply if the center staff providing the training have been approved according to the criteria outlined in either Paragraph (1) or (2) of this Rule.

History Note: Authority G.S. 110-91(11); 143B-168.3;

Eff. January 1, 1986; Amended Eff. October 29, 1998; November 1, 1989; July 1, 1988;

January 1, 1987.

.0709 DOCUMENTATION OF IN-SERVICE TRAINING

Each center shall have a record of training activities in which each staff participates. That record shall include the subject matter, topic area in G.S. 110-91(11), training provider, date provided, hours, and name of staff who completed the training. This documentation shall be on file and current.

History Note: Authority G.S. 110-91(9),(11); 143B-168.3;

Eff. January 1, 1986; Amended Eff. July 1, 1998; July 1, 1988.

.0710 PRESERVICE REQUIREMENTS FOR LEAD TEACHERS, TEACHERS AND AIDES

If an individual already has a North Carolina Early Childhood Credential or its equivalent, none of the requirements of this rule shall apply. If an individual does not have a North Carolina Early Childhood Credential or its equivalent, the requirements of this rule shall be met.

(a) A lead teacher or a teacher shall be at least 18 years of age, have a high school diploma or its equivalent, and have at least one of the following:

(1) One year of verifiable child care experience working in a child care center or two years of verifiable experience as a licensed family child care home operator; or

(2) Successful completion of a two year high school Child Care Services Occupational Home Economics Program; or

(3) Twenty hours of training in child development, which could include the North Carolina Early Childhood Credential coursework, within the first six months of employment in addition to the number of annual inservice training hours required in Rule .0707 of this Section.

(b) An aide is a person who assists the lead teacher or the teacher in planning and implementing the daily program, and shall be at least 16 years old and literate.

(c) Individuals employed prior to July 1, 1998 are exempted from the requirements of this Rule, as long as they remain employed by the same operator.

History Note: Authority G.S. 110-91(8); 143B-168.3;

Eff. July 1, 1988; Amended Eff. October 29, 1998; April 1, 1997; October 1, 1991; November 1, 1989.

.0711 PRESERVICE REQUIREMENTS FOR OTHER STAFF

(a) Any person whose job responsibility includes driving a vehicle to transport children, including any substitute driver, shall meet the requirements in Rule .1003 of this Subchapter.

(b) Non-care giving staff or any person providing support to the operation of the program shall be at least 16 years of age; and meet the requirements of the local health department for food handlers, if applicable, when duties are related to food preparation or food service.

History Note: Authority G.S. 110-91(8); 143B-168.3;

Eff. July 1, 1988; Amended Eff. July 1, 1998; October 1, 1991; November 1, 1989.

.0712 STAFF/CHILD RATIOS FOR CENTERS WITH A LICENSED CAPACITY OF LESS THAN 30 CHILDREN

(a) The staff/child ratios and group sizes for a child care center with a licensed capacity of less

than 30 children are as follows:

Age of Children

No. Children

No. Staff

Maximum Group Size

No. Staff

0 to 12 Months

5

1

10

2

12 to 24 Months

6

1

12

2

2 to 3 Years

10

1

20

2

3 to 5 Years

15

1

25

2

5 Years and Older

25

1

25

1

(1) When only one caregiver is required to meet the staff/child ratio, and children under two years of age are in care, that person shall not concurrently perform food preparation or other duties which are not direct child care responsibilities.

(2) When only one caregiver is required to meet the staff/child ratio, the operator shall select one of the following options for emergency relief:

(A) The center shall post the name, address, and telephone number of an adult who has agreed in writing to be available to provide emergency relief and who can respond within a reasonable period of time; or

(B) There shall be a second adult on the premises who is available to provide emergency relief.

(b) The staff/child ratios for a center located in a residence with a licensed capacity of three to 12 children when any preschool aged child is enrolled, or with a licensed capacity of three to 15 children when only school-aged children are enrolled are as follows:

Age of Children

No. Children

No. Staff

Additional number of school-aged children allowed

0 to 12 Months

5

1

3

12 to 24 Months

6

1

2

2 to 13 Years

10

1

0

3 to 13 Years

12

1

0

All school-aged

15

1

0

History Note: Authority G.S. 110-91(7); 143B-168.3;

Eff. December 1, 1988; Amended Eff. July 1, 1998; July 1, 1994; January 1, 1992; August 1, 1990.

.0713 STAFF/CHILD RATIOS FOR CENTERS WITH A LICENSED CAPACITY OF 30 OR MORE CHILDREN

(a) The staff/child ratios and group sizes for single-age groups of children in centers with a licensed capacity of 30 or more children shall be as follows:

Age of Children

No. Children

No. Staff

Maximum Group Size

No. Staff

0 to 12 Months

5

1

10

2

12 to 24 Months

6

1

12

2

2 to 3 Years

10

1

20

2

3 to 4 Years

15

1

25

2

4 to 5 Years

20

1

25

2

5 Years and Older

25

1

25

1

(b) In any multi-age group situation, the staff/child ratio for the youngest child in the group shall be maintained for the entire group.

(c) Children younger than two years old may be cared for in groups with older children at the beginning and end of the operating day provided the staff/child ratio for the youngest child in the group is maintained.

(d) A child two years of age and older may be placed with children under one year of age when a physician certifies that the developmental age of the child makes this placement appropriate.

(e) When determined to be developmentally appropriate by the operator and parent, a child age two or older may be placed one age level above his or her chronological age without affecting the staff/child ratio for that group. This provision shall be limited to one child per group.

(f) Except as provided in Paragraphs(c) and(d), children under one year of age shall be kept separate from children two years of age and over.

(g) Children between the ages of 12 months and 24 months shall not be routinely grouped with older children unless all children in the group are less than three years old.

(h) When only one caregiver is required to meet the staff/child ratio, and no children under two years of age are in care, that person may concurrently perform food preparation or other duties which are not direct child care responsibilities as long as supervision of the children as specified in Rule .0714(f) of this Section is maintained.

(i) When only one caregiver is required to meet the staff/child ratio, the operator shall select one of the following options for emergency relief:

(1) The center shall post the name, address, and telephone number of an adult who has agreed in writing to be available to provide emergency relief and who can respond within a reasonable period of time; or

(2) There shall be a second adult on the premises who is available to provide emergency relief.

(j) Except as provided in Paragraph(h) of this Rule, staff members and administrators who are counted in meeting the staff/child ratios as stated in this Rule shall not concurrently perform food preparation or other duties which are not direct child care responsibilities.

History Note: Authority G.S. 110-91(7); 143B-168.3;

Eff. December 1, 1988; Amended Eff. July 1, 1998; July 1, 1994; January 1, 1992; August 1, 1990.

.0714 OTHER STAFFING REQUIREMENTS

(a) Each child care center shall have an administrator on site on a regular basis. The administrator shall be responsible for monitoring the program and overseeing administrative duties of the center. This requirement may be met by having one or more persons on site who meet the requirements for an administrator according to the licensed capacity of the center. The following hourly requirements are based on an administrator's normal working schedule and may include times when the administrator may be off site due to administrative duties, illness, or vacation.

(1) Each center with a licensed capacity of less than 30 children shall have an administrator on site for at least 20 hours per week.

(2) Each center with a licensed capacity of 30 to 79 children shall have an administrator on site for at least 25 hours per week.

(3) Each center with a licensed capacity of 80 to 199 children shall have an administrator on site for at least 30 hours per week.

(4) Each center with a licensed capacity of 200 or more children shall have an administrator on site for at least 40 hours per week.

(b) At least one person who meets the requirements for an administrator or lead teacher as set forth in this Section shall be on site during the center's operating hours except that a person who is at least 18 years old with at least a high school diploma or its equivalent and who has a minimum of one year's experience working with children in a child care center may be on duty at the beginning or end of the operating day provided that:

(1) No more than 10 children are present.

(2) The staff person has worked in that center for at least three months.

(3) The staff person is thoroughly familiar with the center's operating policies and emergency procedures.

(c) At least one person who meets the requirements for a lead teacher shall be responsible for each group of children as defined in Rule .0102 of this Subchapter except as provided in Paragraph(b) of this Rule. This requirement may be met by having one or more persons who meet the requirements for a lead teacher responsible for the same group of children. Each lead teacher shall be responsible for only one group of children at a time. Each group of children shall have a lead teacher in attendance for at least two-thirds of the total daily hours of operation, based on a normal working schedule and may include times when the lead teacher may not be in attendance due to circumstances such as illness or vacation.

(d) A teacher is a person who is responsible to the lead teacher and assists with planning and implementing the daily program.

(e) An aide shall not have full responsibility for a group of children except as provided in Paragraph(b) of this Rule.

(f) Children shall be adequately supervised at all times. Adequate supervision shall mean that staff interact with the children while moving about the indoor or outdoor area, and are able to hear and see the children at all times, except when emergencies necessitate that direct supervision is impossible for brief periods of time.

(g) For groups of children aged two years or older, the staff/child ratio during nap time is considered in compliance if at least one person is either in each room or is visually supervising all the children and if the total number of required staff are on the premises and within calling distance of the rooms occupied by children.

History Note: Authority G.S. 110-85(1); 110-91(7),(8); 143B-168.3;

Eff. July 1, 1988; Amended Eff. July 1, 1998; January 1, 1996; October 1, 1991; November 1, 1989.


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