10A NCAC 09 .2213          SCHEDULE OF CIVIL PENALTIES FOR CHILD CARE CENTERS

(a)  The following penalties may be assessed against child care centers as defined in G.S. 110‑86(3).

(b)  A civil penalty in an amount up to one thousand dollars ($1,000) may be imposed for the following violations:

(1)           Non‑compliance with the standards for:

(A)          Staff‑child ratios;

(B)          Adequate supervision of children;

(C)          Transportation of children; or

(D)          Use of swimming pools and other swim areas;

(2)           Disapproved fire safety, building or sanitation inspection reports;

(3)           Exceeding licensed capacity of center, or use of unauthorized space;

(4)           Change of ownership or relocation of center without prior notification to the Division;

(5)           Substantiation that a child (or children) was abused or neglected while in the care of the center; or

(6)           Willful, repeated pattern of non‑compliance with any requirement over extended period of time.

(c)  A civil penalty in an amount up to five hundred dollars ($500.00) may be imposed for the following violations:

(1)           Non‑compliance with the standards for:

(A)          Staff health requirements;

(B)          Staff qualifications;

(C)          Children's health requirements;

(D)          Proper nutrition;

(E)           Sanitation and personal hygiene practices;

(F)           Discipline of children;

(G)          Indoor or outdoor space; or

(H)          Emergency medical plan;

(2)           Failure to comply with a corrective action plan;

(3)           Denial of entry to an authorized representative of the department or Division.

(d)  A civil penalty in an amount up to two hundred and fifty dollars ($250.00) may be imposed for the following violations:

(1)           Non‑compliance with the standards to provide:

(A)          Age‑appropriate activities; or

(B)          Staff development.

(2)           Failure to post provisional permit; or

(3)           Failure to maintain accurate records.

(e)  Violation of other standards may result in the assessment of a penalty according to the effect or potential effect of the violation on the safety and well‑being of the child.

 

History Note:        Authority G.S. 110‑90(9); 110‑103.1; 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. April 1, 2001; October 1, 1991.