§ 110-105. Authority to inspect facilities. - North Carolina Statutes

§ 110‑105.  Authority to inspect facilities.

(a)        The Commission shall adopt standards and rules under thissubsection which provide for the following types of inspections:

(1)        An initial licensing inspection, which shall not occur untilthe administrator of the facility receives prior notice of the initialinspection visit;

(2)        A plan for visits to all facilities, including announced andunannounced visits, which shall be confidential unless a court orders itsdisclosure;

(3)        An inspection that may be conducted without notice, if thereis probable cause to believe that an emergency situation exists or there is acomplaint alleging a violation of licensure law. When the Department isnotified by the county director of social services that the director has receiveda report of child abuse or neglect in a child care facility, or when theDepartment is notified by any other person that alleged abuse or neglect hasoccurred in a facility, the Commission's rules shall provide for an inspectionconducted without notice to the child care facility to determine whether thealleged abuse or neglect has occurred. This inspection shall be conductedwithin seven calendar days of receipt of the report, and when circumstanceswarrant, additional visits shall be conducted.

TheSecretary or the Secretary's designee, upon presenting appropriate credentialsto the operator of the child care facility, may perform inspections inaccordance with the standards and rules promulgated under this subsection. TheSecretary or the Secretary's designee may inspect any area of a building inwhich there is reasonable evidence that children are in care.

(b)        If an operator refuses to allow the Secretary or theSecretary's designee to inspect the child care facility, the Secretary shallseek an administrative warrant in accordance with G.S. 15‑27.2. (1983, c. 261, s. 1; 1985, c. 757, s. 156(ii); 1987, c. 788, s. 17; c.827, s. 238; 1991, c. 273, s. 10; 1997‑506, s. 23.)