North Carolina General Statutes 110-105. Authority to inspect facilities
(a) The Department shall have authority to inspect facilities without notice when it determines there is cause to believe that an emergency situation exists or there is a complaint alleging a violation of licensure law. When the Department is notified by the county director of social services that the director has received a report of child maltreatment in a child care facility, or when the Department is notified by any other person that alleged child maltreatment has occurred in a facility, the Commission‘s rules shall provide for an inspection conducted without notice to the child care facility to determine whether the alleged child maltreatment has occurred. The inspection shall be conducted within seven calendar days of receipt of the report. Additional visits shall be conducted, as warranted.
(a1) The Commission shall adopt standards and rules under this subsection which provide for the following types of inspections:
(1) An initial licensing inspection, which shall not occur until the administrator of the facility receives prior notice of the initial inspection visit;
(2) A plan for visits to all facilities, including announced and unannounced visits, which shall be confidential unless a court orders its disclosure;
(3) An inspection that may be conducted without notice, if there is cause to believe that an emergency situation exists or there is a complaint alleging a violation of licensure law.
The Department, upon presenting appropriate credentials to the operator of the child care facility, may perform inspections in accordance with the standards and rules promulgated under this subsection. The Department may inspect any area of a building in which there is reasonable evidence that children are in care or in which the Department has cause to believe that conditions in that area of a building pose a potential risk to the health, safety, or well-being of children in care.
(b) If an operator refuses to allow the Secretary or the Secretary’s designee to inspect the child care facility, the Secretary shall seek an administrative warrant in accordance with N.C. Gen. Stat. § 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; 2015-123, s. 6.)
Terms Used In North Carolina General Statutes 110-105
- 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
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: Department of Health and Human Services. See North Carolina General Statutes 110-86
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Operator: Includes the owner, director or other person having primary responsibility for operation of a child care facility subject to licensing. 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