North Carolina § 110-85 - Legislative intent and purpose.

§ 110-85. Legislative intent and purpose.

Recognizing the importance of the early years of life to a child's development, the General Assembly hereby declares its intent with respect to the early care and education of children: The State should protect children in child care facilities by ensuring that these facilities provide a physically safe and healthy environment where the developmental needs of these children are met and where these children are cared for by qualified persons of good moral character. Repealed by Session Laws 1997-506, s. 2, effective September 16, 1997. Achieving this level of protection and early education requires the following elements: mandatory licensing of child care facilities; promotion of higher quality child care through the development of enhanced standards which operators may comply with on a voluntary basis; and a program of education to help operators improve their programs and to deepen public understanding of child care needs and issues. History (1971, c. 803, s. 1; 1987, c. 788, s. 1; 1997-506, ss. 1, 2.) Task Force on the Consolidation of Early Childhood Education and Care. - For provisions regarding the Task Force on the Consolidation of Early Childhood Education and Care under Session Laws 2009-451, s. 10.7A, see the notes at G.S. 143B-138.1 and G.S. 143B-168.10. NC Pre-K Program. - Session Laws 2017-57, s. 11B.1(a)-(f), provides: "(a) Eligibility. - The Department of Health and Human Services, Division of Child Development and Early Education, shall continue implementing the prekindergarten program (NC Pre-K). The NC Pre-K program shall serve children who are four years of age on or before August 31 of the program year. In determining eligibility, the Division shall establish income eligibility requirements for the program not to exceed seventy-five percent (75%) of the State median income. Up to twenty percent (20%) of children enrolled may have family incomes in excess of seventy-five percent (75%) of median income if those children have other designated risk factors. Furthermore, any age-eligible child who is a child of either of the following shall be eligible for the program: (i) an active duty member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was ordered to active duty by the proper authority within the last 18 months or is expected to be ordered within the next 18 months, or (ii) a member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was injured or killed while serving on active duty. Eligibility determinations for NC Pre-K participants may continue through local education agencies and local North Carolina Partnership for Children, Inc., partnerships. "Other than developmental disabilities or other chronic health issues, the Division shall not consider the health of a child as a factor in determining eligibility for participation in the NC Pre-K program. "(b) Multiyear Contracts. - The Division of Child Development and Early Education shall require the NC Pre-K contractor to issue multiyear contracts for licensed private child care centers providing NC Pre-K classrooms. "(b1) Building Standards. - Notwithstanding G.S. 110-91(4), private child care facilities and public schools operating NC Pre-K classrooms shall meet the building standards for preschool students as provided in G.S. 115C-521.1. "(c) Programmatic Standards. - Except as provided in subsection (b1) of this section, entities operating NC Pre-K classrooms shall adhere to all of the policies prescribed by the Division of Child Development and Early Education regarding programmatic standards and classroom requirements. "(d) NC Pre-K Committees. - Local NC Pre-K committees shall use the standard decision-making process developed by the Division of Child Development and Early Education in awarding NC Pre-K classroom slots and student selection. "(e) Reporting. - The Division of Child Development and Early Education shall submit an annual report no later than March 15 of each year to the Joint Legislative Oversight Committee on Health and Human Services, the Office of State Budget and Management, and the Fiscal Research Division. The report shall include the following: "(1) The number of children participating in the NC Pre-K program by county. "(2) The number of children participating in the NC Pre-K program who have never been served in other early education programs such as child care, public or private preschool, Head Start, Early Head Start, or early intervention programs. "(3) The expected NC Pre-K expenditures for the programs and the source of the local contributions. "(4) The results of an annual evaluation of the NC Pre-K program. "(f) Audits. - The administration of the NC Pre-K program by local partnerships shall be subject to the financial and compliance audits authorized under G.S. 143B-168.14(b)." For prior similar provisions, see Session Laws 2012-142, s. 10.1, 2013-360, s. 12B.1(a)-(g), as amended by Session Laws 2016-94, s. 12B.1(a), (b), Session Laws 2013-360, s. 12B.1(j), as added by Session Laws 2013-363, s. 4.3, and Session Laws 2015-241, s. 12B.1. Editor's Note. - Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'." Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium." Session Laws 2009-451, s. 28.5 is a severability clause. Session Laws 2009-574, s. 52.1, provides: "For legislative studies authorized by this act, out-of-state travel must be authorized by the President Pro Tempore of the Senate or the Speaker of the House of Representatives, as appropriate." Session Laws 2013-360, s. 12B.1(k), as added by Session Laws 2014-100, s. 12B.6, provides: "(k) The administration of the NC Pre K program by local partnerships shall be subject to the biennial financial and compliance audits authorized under G.S. 143B 168.14(b)." Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2015-51, s. 1(a), (b), provides: "(a) It is the intent of the General Assembly that the Department of Health and Human Services, Division of Child Development and Early Education (DCDEE) and the Division of Social Services (DSS), implement a process requiring child care subsidy recipients to participate in child support services programs. To that end, DCDEE and DSS shall develop a plan requiring a custodial parent or other relative or person with primary custody of the child who is receiving child care subsidy payments to cooperate with county child support services programs as a condition of receiving child care subsidy payments. In developing the plan, the DCDEE and DSS shall, at a minimum, consider each of the following: "(1) The number of child care subsidy cases that would be referred to county child support services programs. "(2) Whether there are any disparities between child support services programs administered directly by the county department of social services versus those programs administered by a vendor through a contract with the county department of social services, specifically as related to maintaining consistent communication. "(3) The access and exchange of information between county child support services programs/systems and child care subsidy services/systems and any differences that may create a conflict in coordinating child care subsidy payments with child support services. "(4) Any implementation issues related to IV-D child support cases versus non-IV-D child support cases. "(5) Any impact on the families involved and the need to incorporate good cause exceptions for cooperation with county child support services programs similar to those for Temporary Assistance for Needy Families (TANF) and Medicaid. "(6) Any costs to implement the plan, including any automation costs associated with connecting the child care subsidy payments system to the child support payments system. "(7) The development of any forms needed to implement the plan. "(8) Transition time needed to implement the plan and to coordinate any interface with current systems, such as the North Carolina Automated Collection and Tracking System (NC ACTS) and North Carolina Families Accessing Services through Technology (NC FAST). "(9) Any training needs and costs associated with training. "(10) Other states that have implemented a similar plan as proposed in this section. "(11) Other programs of public assistance in this State requiring coordination with child support services programs. "(12) The need to update any current policies or procedures related to child care subsidy payments and child support payments. "(13) Any other issues DCDEE or DSS deem relevant. "(b) The Division of Child Development and Early Education and the Division of Social Services shall submit a report on the plan, along with any recommendations, to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division no later than February 1, 2016." Session Laws 2015-214, s. 4.1, provides: "Revise Child Care Subsidy Policy Definition. - Effective September 1, 2015, the Department of Health and Human Services, Division of Child Development and Early Education, shall revise its child care subsidy policy to exclude from the policy's definition of 'income unit' a nonparent relative caretaker, and the caretaker's spouse and child, if applicable, when the parent of the child receiving child care subsidy does not live in the home with the child." Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'" Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2017-57, s. 11B.7(a)-(c), provides: "(a) Beginning January 1, 2018, or 30 days from the date the U.S. Department of Health and Human Services, Office of Child Care, approves the revised Child Care and Development Fund (CCDF) plan, or whichever occurs later, the Department of Health and Human Services, the Division of Child Development and Early Education (DCDEE) and the Division of Social Services (DSS), shall implement a one-year statewide demonstration project in accordance with S.L. 2015-51 requiring a custodial parent or other relative or person with primary custody of the child who is receiving child care subsidy payments to cooperate with the county child support services program as a condition of receiving child care subsidy payments. DCDEE and DSS shall conduct the demonstration project in at least three counties, but no more than six, that represent the three regions of the State in both rural and urban settings. DCDEE and DSS may solicit counties to volunteer for the demonstration project. In selecting counties to participate in the demonstration project, DCDEE and DSS shall (i) consider the various methods counties employ in receiving and processing child care subsidy applications and (ii) compare the data from the counties participating in the demonstration project to counties that are similarly sized and situated that do not participate in the demonstration project. "(b) The statewide demonstration project shall include, at a minimum, the components described in Section 1(a) of S.L. 2015-51, as well as any criteria DCDEE and DSS identified in its report as submitted to the Joint Legislative Oversight Committee on Health and Human Services dated February 1, 2016. Specifically, as identified in that report, DCDEE and DSS shall consider, at a minimum, each of the following factors in evaluating the demonstration project: "(1) The number and percentage of applicants for whom the requirement to participate in child support services was presented who actually submitted a child support application and applied for and received subsidized child care assistance. "(2) The number and percentage of families exempted from the requirement under subdivision (1) of this subsection through good-cause exceptions. "(3) The number and percentage of families that initially receive child support payments but become ineligible for subsidized child care assistance as a result of their increased income or family status. "(4) The number and percentage of families enrolled in the subsidized child care assistance program at the beginning of the demonstration project that exit the program due to imposed requirements for child support cooperation. "(5) The number and percentage of applicants who declined to apply or withdrew their application as a result of the requirement to cooperate with child support services. "(6) The number and percentage of child care subsidy recipients who begin receiving child support or, if receiving child support, the average increase in the recipients' child support received due to imposed requirements for child support cooperation. "(c) The Division of Child Development and Early Education and the Division of Social Services shall report on the results of the demonstration project to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division no later than March 1, 2019, or if the CCDF plan is approved after January 1, 2018, no later than three months from the date the one-year demonstration project is completed, whichever occurs later. The report shall include, at a minimum, each of the following: "(1) The factors evaluated under subsection (a) of this section. "(2) A detailed project plan and any costs associated with implementing the plan, specifically, any technology needs. "(3) Any recommendations for or challenges with sustaining the plan long term." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2019-87, s. 1, provides: "The Department of Health and Human Services, Division of Child Development and Early Education (Division), shall complete a statewide study of operators of four- and five-star centers who are not currently participating in the North Carolina Prekindergarten (NC Pre-K) program to identify those operators' perception of the challenges associated with becoming an NC Pre-K site. In addition, the Division shall complete a county-by-county study of additional local challenges. Findings from these two studies shall be used to make recommendations to address these challenges, including any recommended changes in the State funding structure, to facilitate achieving the goal of enrolling in the NC Pre-K program at least seventy-five percent (75%) of eligible children in each county. The Division shall submit a report on its recommendations regarding the challenges, as well as any recommendations for changes to support increased access for children eligible for the NC Pre-K program, to the Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Education Oversight Committee by February 1, 2020." Legal Periodicals. - For survey of 1979 constitutional law, see 58 N.C.L. Rev. 1326 (1980).