The Secretary or the Secretary’s designee may seek injunctive relief in the district court of the county in which a child care facility is located against the continuing operation of that child care facility at any time, whether or not any administrative proceedings are pending. The district court may grant injunctive relief, temporary, preliminary, or permanent, when there is any violation of this Article or of the rules promulgated by the Commission or the Commission for Public Health that threatens serious harm to children in the child care facility, or when a final order to deny or revoke a license has been violated, or when a child care facility is operating without a license, or when a child care facility repeatedly violates the provisions of this Article or rules adopted pursuant to it after having been notified of the violation. (1977, c. 4, s. 5; c. 929, s. 3; c. 1011, s. 1; 1985, c. 757, s. 156(hh); 1987, c. 543, s. 7; c. 788, s. 16; c. 827, s. 237; 1997-506, s. 22; 2007-182, s. 2.)

Terms Used In North Carolina General Statutes 110-104

  • Child care: 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. See North Carolina General Statutes 110-86
  • Child care facility: Includes child care centers, family child care homes, and any other child care arrangement not excluded by N. See North Carolina General Statutes 110-86
  • Commission: The Child Care Commission created under this Article. See North Carolina General Statutes 110-86
  • License: A permit issued by the Secretary to any child care facility which meets the statutory standards established under this Article. See North Carolina General Statutes 110-86
  • Secretary: The Secretary of the Department of Health and Human Services. See North Carolina General Statutes 110-86