§ 110-105.2. Abuse and neglect violations. - North Carolina Statutes

§ 110‑105.2.  Abuse and neglect violations.

(a)        For purposes of this Article, child abuse and neglect, asdefined in G.S. 7B‑101 and in G.S. 14‑318.2 and G.S. 14‑318.4,occurring in child care facilities, are violations of the licensure standardsand of the licensure law. The Department, local departments of social services,and local law enforcement personnel shall cooperate with the medical communityto ensure that reports of child abuse or neglect in child care facilities areproperly investigated.

(b)        When an investigation pursuant to G.S. 110‑105(a)(3)substantiates that child abuse or neglect did occur in a child care facility,the Department may issue a written warning which shall specify any correctiveaction to be taken by the operator. The Department shall make an unannouncedvisit within one month after issuance of the written warning to determinewhether the corrective action has occurred. If the corrective action has notoccurred, then the Department may issue a special provisional license.

(c)        When the Department issues a special provisional licensepursuant to this section, the Department shall send a letter which states thereasons for the special provisional status, and the license shall specifycorrective action that shall be taken by the operator. A special provisionallicense issued pursuant to this section shall be in effect for no more than sixmonths from issuance. The operator shall post, where parents can see them, theletter stating the reasons for the special provisional status and the specialprovisional license. Under the terms of the special provisional license, theSecretary may limit enrollment of new children until satisfied the abusive orneglectful situation no longer exists. The Department shall make unannouncedvisits as often as the Department believes it is necessary during the periodthe special provisional license is in effect.

(d)        Specific corrective action required by a written warning,special provisional license, or any other administrative penalty authorized bythis Article may include the permanent removal of the substantiated abuser orneglecter from child care.

(e)        Nothing in this section shall restrict the Secretary fromusing any other statutory or administrative remedies available. (1985, c. 757, s. 156(w); 1987, c. 788, s. 19; 1997‑506, s. 25;1998‑202, s. 13(x); 2003‑407, s. 2.)