North Carolina General Statutes 110-105.6. Penalties for child maltreatment
(a) For purposes of this Article, child maltreatment occurring in child care facilities is a violation of this Article, licensure standards, and licensure laws.
(b) Pursuant to N.C. Gen. Stat. § 110-105.3, when an investigation confirms that child maltreatment did occur in a child care facility, the Department may issue an administrative action up to and including summary suspension and revocation of the facility’s child care license.
(c) If the facility is permitted to remain open after an administrative action has been issued, the administrative action shall specify any corrective action to be taken by the operator.
(d) The Department shall make unannounced visits to determine whether the corrective action has occurred. If the corrective action has not occurred, then the Department may take further action against the facility as necessary to protect the health, safety, or welfare of the children at the child care facility.
(e) Administrative actions issued shall include a statement of the reasons for the action and shall specify corrective action that shall be taken by the operator.
(f) Under the terms of the administrative action, the Department may limit enrollment of new children until satisfied the situation giving rise to the confirmation of child maltreatment no longer exists.
(g) Specific corrective action required by an administrative action authorized by this Article may include the removal of the individual responsible for child maltreatment from child care pending a final determination or appeal of the individual’s placement on the Child Maltreatment Registry.
(h) Nothing in this section shall restrict the Department from using any other statutory or administrative remedies available. ?(2015-123, s. 8.)
Terms Used In North Carolina General Statutes 110-105.6
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- Department: Department of Health and Human Services. 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
- 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