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A. Definition of Child Care and Non-Licensed Home Providers
Recognizing the importance of the early years of life to a child's development, the North Carolina General Assembly declares in North Carolina General Statutes (N.C.G.S. §110-85 the following 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. 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."
North Carolina law requires that the county Departments of Social Services provide protective services for children alleged to be abused, neglected, or dependent. (N.C.G.S. § 7B-302 ) Protective services include screening and assessments of reports. (N.C.G.S. § 7B-300 ) Because the caretaker definition includes all child care facilities (N.C.G.S. § 7B-101(3) ), the law requires Investigative Assessments of reports of abuse, neglect, or dependency in child care. (N.C.G.S. § 7B-302 )
A. Definition of Child Care and Non-Licensed Home Providers
Under N.C.G.S. §110-86(2), child care is a program or arrangement where three or more children less than 13 years old, who do not reside where the care is provided, receive care on a regular basis of at least once per week for more than four hours but less than 24 hours per day from persons other than their guardians or full-time custodians, or from persons not related to them by birth, marriage, or adoption. The same statute provides that the following child care arrangements are exempt from the licensing requirements of the DCD and therefore do not meet the definition of child care for the purposes of Investigative Assessments:
1.) Arrangements operated in the home of any child receiving care if all the children in care are related to each other and no more than two additional children are in care;
2.) Recreational programs operated for less than four consecutive months in a year;
3.) Specialized activities or instruction such as athletics, dance, art, music lessons, horseback riding, gymnastics, or organized clubs for children, such as Boy Scouts, Girl Scouts, 4-H groups, or boys and girls clubs;
4.) Drop-in or short-term care provided while parents participate in activities that are not employment related and where the parents are on the premises or otherwise easily accessible, such as drop-in or short-term care provided in health spas, bowling alleys, shopping malls, resort hotels, or churches;
5.) Public schools (School teachers and other school personnel do not meet the definition of caretaker. Refer to F on page 43 for clarification of child care facilities in public schools);
6.) Nonpublic schools, private church schools and schools of religious charter, described in Part 2 of Article 39 of Chapter 115C of the General Statutes that are accredited by the Southern Association of Colleges and Schools and that operate a child care facility as defined in subdivision (3) of this section for less than six and one-half hours per day either on or off the school site;
7.) Bible schools conducted during vacation periods;
8.) Care provided by facilities licensed under Article 2 of Chapter 122C of the General Statutes (These are facilities that provide services for the mentally ill, developmentally disabled and substance abusers. While these facilities do not meet the definition of a child care facility, they could meet the definition of caretaker and therefore, could require an Investigative Assessment);
9.) Cooperative arrangements among parents to provide care for their own children as a convenience rather than for employment; and
10.) Any child care program or arrangement consisting of two or more separate components, each of which operates for four hours or less per day with different children attending each component.
B. Non-licensed Home Facilities
Non-licensed home facilities are homes that do not meet the criteria requiring licensure but meet the minimum standards to provide child care for the purpose of accessing subsidized child care funds. The county Department of Social Services approves these arrangements.
Reports alleging neglect and/or abuse of a child who is in the care of a relative or an adult member of the child’s household who is providing child care services as a non-licensed provider are assessed by the county Departments of Social Services. Reports alleging neglect and/or abuse of a child who is in the care of a non-relative who is providing child care services as a non-licensed provider are investigated by the Regulatory Services Section of DCD.
Because these distinctions need to be made quickly when reports are received, County Departments of Social Services may want to designate a specific county social worker to receive or screen the reports before calling the DCD. The designated social worker would determine if the alleged perpetrator is a non-licensed home provider by reviewing an in-house file, such as the provider enrollment file. If the provider is a non-licensed, non-relative home provider, a report must be made to the DCD on the same day as the report is screened and a copy of the report faxed to the DCD. Refer to Attachment A for contact information.
C. Child Care Facilities
The definition of a child care facility includes child care centers, family child care homes, and any other child care arrangement not excluded by N.C.G.S. §110-86 (2), that provides child care, regardless of the time of day, wherever operated, and whether or not operated for profit. (N.C.G.S. § 110-86(3))
D. Child Care Centers
A child care center is 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. (N.C.G.S. § 110-86(3))
E. Family Child Care Homes
A family child care home is a child care arrangement located in a residence where at any time, more than two children, but less than nine children, receive care. (N.C.G.S. § 110-86(3)) Of the children present, no more than five children, including the provider's own preschool children, can be preschool age. The provider's own school-aged children are not counted. Family child care homes are required to be licensed by the DCD.
F. Child Care Facilities in Public Schools
While N.C.G.S. §110-86(2) (e) exempts programs that are operated by the public school from being licensed as child care, the Department of Health and Human
Services and the Department of Public Instruction have signed a Memorandum of Understanding (MOU) concerning preschool and after school programs. All preschool programs, and all before/after school programs that serve children receiving subsidy, will work towards licensure. This includes all Pre-K classes that receive “More at 4” funding and other subsidies and all after school programs that are operated by the school system and its employees. As programs receive a license, reports alleging abuse, neglect, or dependency are subject to Investigative Assessments. CPS will not investigate programs that are not yet licensed. The DCD's web site at www.ncchildcare.net can be accessed to determine if a program is licensed.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office.
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