North Carolina § 110-88 - Powers and duties of the Commission.

§ 110-88. Powers and duties of the Commission.

The Commission shall have the following powers and duties: To develop policies and procedures for the issuance of a license to any child care facility that meets all applicable standards established under this Article. To adopt applicable rules and standards based upon the capacity of a child care facility. To require inspections by and satisfactory written reports from representatives of local or State health agencies, fire and building inspection agencies, and from representatives of the Department prior to the issuance of an initial license to any child care center. To require annually, inspections by and satisfactory written reports from representatives of local or State health agencies and fire inspection agencies after a license is issued. Repealed by Session Laws 1997-506, s. 4. Repealed by Session Laws 1975, c. 879, s. 15. To adopt rules and develop policies for implementation of this Article, including procedures for application, approval, annual compliance visits for centers, and revocation of licenses. To adopt rules for the issuance of a provisional license that shall be in effect for no more than 12 consecutive months to a child care facility that does not conform in every respect with the standards established in this Article and rules adopted by the Commission pursuant to this Article but that is making a reasonable effort to conform to the standards. To adopt rules for administrative action against a child care facility when the Secretary's investigations pursuant to G.S. 110-105(a)(3) substantiate that child abuse or neglect did occur in the facility. The rules shall provide for types of sanctions which shall depend upon the severity of the incident and the probability of reoccurrence. The rules shall also provide for written warnings and special provisional licenses. To develop and adopt voluntary enhanced program standards which reflect higher quality child care than the mandatory standards established by this Article. These enhanced program standards must address, at a minimum, staff/child ratios, staff qualifications, parent involvement, operational and personnel policies, developmentally appropriate curricula, and facility square footage. To develop a procedure by which the Department shall furnish those forms as may be required for implementation of this Article. Repealed by Session Laws 1985, c. 757, s. 156(66). To adopt rules for the issuance of a temporary license which shall expire in six months and which may be issued to the operator of a new center or to the operator of a previously licensed center when a change in ownership or location occurs. To adopt rules for child care facilities which provide care for children who are mildly sick. To adopt rules regulating the amount of time a child care administrator shall be on-site at a child care center. To adopt rules for child care facilities that provide care for medically fragile children. To adopt rules establishing standards for certification of child care centers providing Developmental Day programs. The Division and the Commission shall permit individual facilities to make curriculum decisions and may not require the standards, policies, or curriculum of any single accrediting child care organization. If Division inquiries to providers include database fields or questions regarding accreditation, the inquiry shall permit daycare providers to fill in any accrediting organization from which they have received accreditation. History (1971, c. 803, s. 1; 1975, c. 879, s. 15; 1985, c. 757, s. 155(d), (e), 156(a), (z), (aa), (bb); 1987, c. 543, s. 2; c. 788, s. 3; c. 827, s. 232; 1991, c. 273, s. 2; 1993, c. 185, s. 1; 1997-506, ss. 4(a), 28.3; 1999-130, ss. 1, 5; 2004-124, s. 10.35; 2009-187, s. 2.) Editor's Note. - A former subdivision (10), relating to travel and per diem expenses, was repealed by Session Laws 1975, c. 879, s. 15. Session Laws 1997-506, s. 28, provides: "G.S. 110-91(6) limits the authority of the Child Care Commission to adopt rules to ensure that outdoor play area equipment and furnishings at child care facilities are free of hazards that pose a threat of serious injury to children while engaged in normal supervised play activities. Accordingly, pursuant to G.S. 150B-21.7 , rules adopted by the Child Care Commission requiring conformance to United States Consumer Product Safety Commission guidelines for playground safety, including amendments thereto, are repealed." Session Laws 1997-506, s. 28.1 provides that 10 NCAC 3U .0510(e), Activity Areas: Preschool Children Two Years and Older, and 10 NCAC 3U .0714(g), Other Staffing Requirements, are repealed. Effect of Amendments. - Session Laws 2004-124, s. 10.35, effective July 1, 2004, added subdivision (13). Session Laws 2009-187, s. 2, effective January 1, 2010, added subdivision (14). Legal Periodicals. - For comment on sectarian education and the state, see 1980 Duke L.J. 801 (1980).