Licensing Standards for DayCare Centers
.1901 NOTIFICATION TO COUNTY DEPARTMENT OF SOCIAL SERVICES
Any allegation of abuse or neglect received by the section shall be referred to the county department of social services within 24 hours of receipt of the complaint or on the next working day. Even if the county department of social services determines the allegation does not warrant investigation according to G.S. 7A-544, the complaint shall be investigated by the section.
History Note: Authority G.S. 110-88(5); 143B-168.3;
Eff. January 1, 1986; Amended Eff. November 1, 1989.
.1902 UNANNOUNCED VISITS
History Note: Authority G.S. 7A-517(5); 110-88(5); 110-105; 110-105.1; 143B-168.3;
Eff. January 1, 1986; Amended Eff. July 1, 1988; January 1, 1987; Repealed Eff. November 1, 1989.
.1903 INVESTIGATION PROCEDURES
(a) The investigation shall include interviews with the registrant, operator, staff, parents, or any other adult who has information regarding the allegation. Reports from law enforcement officers and other professionals, as well as photographs and other investigative tools, may be used as appropriate.
(b) The section's representative may interview the child or children about the allegations of abuse or neglect only in those cases where the county department of social services does not conduct an investigation.
(c) The section shall share information related to investigations with departments of social services, as appropriate. However, any information subject to confidentiality laws or regulations shall be handled so as to preserve the confidential nature of the material.
(d) At any time during the investigation, the representative of the section may conduct an evaluation for compliance with all licensing requirements.
(e) The section shall make a written report to the licensee/registrant and the county department of social services when the investigation is completed. The section may also report to law enforcement officers and other professionals that were involved in the investigation. This report shall explain the section's findings and what further action will be taken, if any.
(f) The final written report of findings and further action shall be made within 90 days of receipt of the allegation. If the investigation is not complete at that time, an interim report explaining the status of the investigation shall be made to the operator 90 days after receipt of the allegation and every 30 days thereafter until the final report is made. The county department of social services shall be sent a copy of each interim report.
History Note: Authority G.S. 7A-543; 110-88(5); 110-105; 110-105.1; 143B-168.3;
Eff. January 1, 1986; Amended Eff. October 1, 1991; July 1, 1988; January 1, 1987.
.1904 ADMINISTRATIVE SANCTIONS
(a) A special provisional license or registration may be issued for a six-month period when the section determines that abuse or neglect occurred in a child day care center or home. The following provisions shall apply:
(1) the special provisional license or registration and the reasons for its issuance shall be posted in a prominent place in the center or home as soon as they are received by the licensee or registrant.
(2) the special provisional license or registration and reasons for issuance shall remain posted for the entire six months covered by the license or registration, and also during the time of any administrative proceedings.
(3) no new children shall be enrolled in the center or home until the section is satisfied that the abusive or neglectful situation no longer exists and gives the operator written permission to accept new children.
(4) a license or registrant may obtain an administrative hearing on the issuance of a special provisional license or registration in accordance with the provisions of G.S. 150B-23.
(b) A written warning specifying corrective action to be taken by the operator of the day care center or home may be issued when the investigation is concluded and the section determines that abuse or neglect occurred in a center or home and the situation does not warrant issuance of a special provisional license or registration.
(c) A civil penalty, in accordance with the schedules listed in Rules .1716 and .2206 of this Subchapter, may be levied against the operator of a day care home or center when the Section determines that child abuse or neglect has occurred while the child was in the care of the home or center. In addition, any violation of the terms of a special provisional license or registration may result in the assessment of a civil penalty as provided in Rule .1716 and Rules .2202 through .2206 of this Subchapter.
(d) Failure to implement the corrective action plan required by a written warning pursuant to G.S. 110-88(6a) may result in either the assessment of a civil penalty as provided in Section .2200 of this Subchapter or the issuance of a special provisional license or registration or may result in both actions being taken.
(e) The type of sanction imposed by the section shall be determined by one or more of the following criteria:
(1) severity of the incident;
(2) probability of reoccurrence;
(3) prior incidents of abuse or neglect in the center or home;
(4) history of compliance with child day care requirements;
(5) the section's assessment of the operator's response to the incident.
(f) Nothing in this Rule shall restrict the division from using any other statutory or administrative penalty available pursuant to G.S. 110-102.2 and Section .2000 of this Subchapter, or the provisions in 150B-3(c) to summarily suspend a license or registration if the health, safety or welfare of any child is in jeopardy.
History Note: Authority G.S. 110-88(5); 110-88(6a); 110-102.2; 110-103.1; 143B-168.3; 150B-3; 150B-23;
Eff. January 1, 1986; Amended Eff. August 1, 1990; November 1, 1989; July 1, 1988.