An action taken by the Division against a facility as the result of violations of the child care requirements or a substantiation of child abuse or neglect. Administrative actions are a means that the Division uses to require child care operators to comply with the child care rules and law. The child care licensing law and the North Carolina Administrative Procedures Act empower the Division to issue administrative actions. Administrative actions are designed to direct child care operators in taking corrective action to achieve and maintain satisfactory compliance and promote safe environments to sustain quality child care.
Administrative actions may include the following:
You may be eligible to receive financial assistance which can help pay the cost of child care. For more information about Subsidized Child Care Assistance Program contact your local Department of Social Services or Child Care Resource and Referral Agency.
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. Capacity is determined by the available square footage and building, fire and safety standards.
Document issued to the family that is determined eligible to receive child care services by the Local Purchasing Agency (LPA). This voucher serves as an agreement between the parent and the provider and is the mechanism which places the responsibility for the selection of a provider with the parent instead of the LPA. The voucher also certifies that payment could be made to an eligible provider participating in the Subsidized Child Care Assistance Program.
Notification to the program which details the type of Administrative Action taken and any corrective actions the program is required to comply with.
A child care arrangement located in a residence where, at any one time, more than two children, but less than nine children, receive child care.
Also known as a civil penalty, a fine may be given to a child care provider if the nature of a problem is a serious violation of a child care regulation.
High-quality pre-k program that serves children who are at risk and prepares them for success in school.
Programs that have serious or repeated violations may receive an Administrative Action issued by the Division of Child Development and Early Education. Providers have the right to appeal an Administrative Action. When a provider appeals an action, a contested case hearing before an Administrative Law Judge is scheduled. The hearing is an opportunity for the provider and the Division of Child Development and Early Education to have witnesses testify about the situation which resulted in the Administrative Action. The provider/operator has 30 days after receiving the Notice of Administrative Action to file an appeal.
Any child that does not fit the definition of school-age child.
A probationary license or Notice of Compliance may be given if the program has not met the law or rules either on purpose, or an on-going basis, or is hazardous to the health and safety of children. The probationary license, and the notice explaining why it was issued, must be posted in the child care program where it can be easily seen.
The license or Notice of Compliance of a child care program may be placed on provisional status if the program has not met the child care rules either on purpose, or it has happened more than once, or it is dangerous to the health and safety of children. A provisional license is given so that the program has time to fix the problems. The provisional license, and the notice explaining why it was issued, must be posted in the child care program where it can be easily seen.
A child care program's license or Notice of Compliance may be taken away if Division of Child Development and Early Education decides that the program has not met the rules or law on purpose, on an on-going basis, or the program is dangerous to the health or safety and/or the program has not made efforts to fix the problem. The child care provider is told in advance of the decision, and is given the chance to ask for a hearing about the decision, before the permit is taken away. If the child care provider does not ask for a hearing about the decision, the program must close. If there is a hearing, the provider may continue to operate until the process is complete. The notice that the permit has been taken away must be posted in the child care program where it can be easily seen.
School-age child means any child who is attending or who has attended a public or private grade school or kindergarten and meets age requirements as specified in G.S. 115C-364.
A special provisional license or Notice of Compliance may be given to any type of program when child maltreatment occurred in the child care arrangement. The program may not be allowed to enroll new children during the time the special provisional permit is in effect unless they receive written permission. The special provisional license, and the notice explaining why it was issued, must be posted in the child care program where it can be easily seen.
Any child currently enrolled in public or private grade school that is receiving child care assistance from the local Department of Social Service.
A summary suspension of a child care program’s license or Notice of Compliance may be ordered in accordance with G.S. 150B-3(c) when the Division of Child Development and Early Education determines emergency action is required to protect the health, safety, and welfare of children in the child care facility.
A seasonal recreational program that provides child care and operates for less than 4 months per year. These programs are not required to be licensed unless they participate in the subsidized child care program.
A child care program's License or Notice of Compliance may be suspended for up to 45 days if the Division of Child Development and Early Education decides that the program is not meeting rules on purpose, on an on-going basis, or dangerous to the health or safety of children and/or the program has not made reasonable efforts to correct the problem. When the permit is suspended, the program must close. Notice of a suspended permit must be posted in the program where it can be easily seen.
Child care programs receive notices for not meeting child care rules. This is the least severe penalty issued by the Division of Child Development and Early Education. It is issued for a problem that is not likely to happen again. For example, a program may receive a written reprimand because there was a change in ownership of the program and the Division of Child Development and Early Education was not notified. A written reprimand does not have to be posted in the child care program.
Child care programs receive notices for not meeting child care rules. This warning is a more serious notice than a written reprimand. It is given to notify a provider that a problem has been documented. The written warning includes the changes that must be made to correct the problem. For example, a program may have had more children per caregiver than is allowed by the rules. A written warning does not have to be posted in the child care program.
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