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

§ 110‑88.  Powers andduties of the Commission.

The Commission shall have thefollowing powers and duties:

(1)        To develop policiesand procedures for the issuance of a license to any child care facility thatmeets all applicable standards established under this Article.

(1a)      To adopt applicablerules and standards based upon the capacity of a child care facility.

(2)        To requireinspections by and satisfactory written reports from representatives of localor State health agencies, fire and building inspection agencies, and fromrepresentatives of the Department prior to the issuance of an initial licenseto any child care center.

(2a)      To require annually,inspections by and satisfactory written reports from representatives of localor State health agencies and fire inspection agencies after a license isissued.

(3)        Repealed by SessionLaws 1997‑506, s. 4.

(4)        Repealed by SessionLaws 1975, c. 879, s. 15.

(5)        To adopt rules anddevelop policies for implementation of this Article, including procedures forapplication, approval, annual compliance visits for centers, and revocation oflicenses.

(6)        To adopt rules forthe issuance of a provisional license that shall be in effect for no more than12 consecutive months to a child care facility that does not conform in everyrespect with the standards established in this Article and rules adopted by theCommission pursuant to this Article but that is making a reasonable effort toconform to the standards.

(6a)      To adopt rules foradministrative action against a child care facility when the Secretary'sinvestigations pursuant to G.S. 110‑105(a)(3) substantiate that childabuse or neglect did occur in the facility. The rules shall provide for typesof sanctions which shall depend upon the severity of the incident and the probabilityof reoccurrence. The rules shall also provide for written warnings and specialprovisional licenses.

(7)        To develop and adoptvoluntary enhanced program standards which reflect higher quality child carethan the mandatory standards established by this Article. These enhancedprogram standards must address, at a minimum, staff/child ratios, staffqualifications, parent involvement, operational and personnel policies,developmentally appropriate curricula, and facility square footage.

(8)        To develop aprocedure by which the Department shall furnish those forms as may be requiredfor implementation of this Article.

(9)        Repealed by SessionLaws 1985, c. 757, s. 156(66).

(10)      To adopt rules forthe issuance of a temporary license which shall expire in six months and whichmay be issued to the operator of a new center or to the operator of apreviously licensed center when a change in ownership or location occurs.

(11)      To adopt rules forchild care facilities which provide care for children who are mildly sick.

(12)      To adopt rulesregulating the amount of time a child care administrator shall be on‑siteat a child care center.

(13)      To adopt rules forchild care facilities that provide care for medically fragile children.

(14)      To adopt rulesestablishing standards for certification of child care centers providingDevelopmental Day programs.

The Division and theCommission shall permit individual facilities to make curriculum decisions andmay not require the standards, policies, or curriculum of any single accreditingchild care organization. If Division inquiries to providers include databasefields or questions regarding accreditation, the inquiry shall permit daycareproviders to fill in any accrediting organization from which they have receivedaccreditation.  (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.)