The law defines child care as:

• three or more unrelated children under 13 years of age

• receiving care from a non-relative

• on a regular basis, or at least once a week

• for more than four hours per day but less than 24 hours

When all of these conditions exists, regulation is required. The North Carolina Division of Child Development is responsible for regulating child care. Family child care homes and child care centers must be licensed. There are different requirements based on the number of children in care.

A family child care home is licensed to care for five or fewer preschool age children, including preschoolers living in that home. (Individuals caring for one or two children are exempt from being licensed.) In addition, three school-age children may be enrolled. The provider’s own school-age children are not counted for purposes of licensure. Licenses are issued to family child care home providers who meet the following requirements:

• New home providers must be 21 years old with at least a high school education or its equivalent. In addition, they must be mentally and emotionally capable of caring for children.

• He or she must undergo a criminal records background check.

• All household members over age 15 who are present in new family child care homes when children are in care must also undergo a criminal records background check.

• All family child care home providers must have some training in child development and CPR each year. They must have first aid training every three years.

All family child care homes must meet basic health and safety standards. Providers must have a copy of children’s health forms on hand. They must provide age-appropriate toys and activities, as well as nutritious meals and snacks, for children in care.

Licensing as a center is required when six or more children are cared for in a residence, or when three or more children are cared for in a building other than a residence. Religious-sponsored programs are exempt from some of the regulations described below if they choose not to be licensed. Programs that operate for less than four months in a row, such as summer camps, are exempt from licensing.

Some smaller centers are located in homes, and meet more standards than family child care homes in order to care for more. Child care centers may voluntarily meet higher standards and receive a license with higher rating. Centers will be visited at least annually to make sure they are following the law and to receive guidance from child care consultants. Licensed centers must meet requirements in the following areas.

The administrator of a child care center must be at least 21, and by January 2000 have at least a North Carolina Early Childhood Administration Credential or its equivalent. Lead teachers in a child care center must be at least 18 and have at least a North Carolina Early Childhood Credential or its equivalent. If administrators and lead teachers do not meet this requirement, they must begin credential course work within six months of being hired. Staff younger than 18 years of age must work under the direct supervision of staff 21 years of age or older. All staff must have training in child development each year and must undergo a criminal background check.

Ratios are the number of staff required to supervise a certain number of children. Group size is the maximum number of children in one group.

To meet licensing requirements, there must be at least 25 square feet per child indoors and 75 square feet per child outdoors. Outdoor play space must be fenced. Indoor equipment must be clean, safe, well-maintained, and age-appropriate. Outdoor equipment and furnishings must be child size, sturdy, and free of hazards that could injure children.

The Division of Child Development does not promote or require any specific curriculum over another. Child care programs choose the type of curriculum appropriate for the ages of children enrolled. Activity plans must be available to parents and must show a balance of active and quiet activities. Rooms must be arranged to encourage children to explore and use materials on their own.

Children must be immunized on schedule. Each licensed center must ensure the health and safety of children by sanitizing areas and equipment used by children. Meals and snacks must be nutritious, and children must have portions large enough to satisfy their hunger. Food must be offered at least once every four hours. Local health, building, and fire inspectors visit licensed centers to make sure standards are met. All children must be allowed to play outdoors each day (weather permitting) and must have space and time provided for rest.

Child care centers or family child care homes providing transportation for children must meet all motor vehicle laws, including inspection, insurance, license, and restraint requirements. Children may never be left alone in a vehicle and staff:child ratio must be maintained.

Centers and homes must keep accurate records such as children’s attendance, immunizations, and emergency phone numbers. A record of monthly fire drills practiced with safe evacuation of children must also be maintained.

Corporal punishment (spanking, slapping, or other physical discipline) is prohibited in all family child care homes and centers. Each center must have a written policy on discipline, must discuss it with parents, and must give parents a copy when the child is enrolled. Changes in discipline policy must be shared with parents in writing before going into effect. Religious-sponsored programs which notify the Division of Child Development that corporal punishment is part of their religious training are exempt from that part of the law.

1. Parents have the right to enter a family child care home or center at

any time while their child is present.

2. Parents have the right to see the license displayed in a prominent place.

3. Parents have the right to know how their child will be disciplined.

The law and rules are developed to establish minimum requirements. Most parents would like more than minimum care.

North Carolina law requires staff from the Division of Child Development to investigate a licensed family child care home or child care center when there has been a complaint. Child care providers who violate the law or rules may be fined up to $1,000 and may have their licenses suspended or revoked. If you believe that a child care provider fails to meet the requirements described above, or if you have questions, please call the Division of Child Development at 919-662-4527 or 1-800-859-0829.

Abuse occurs when a parent or caregiver injures or allows another to injure a child physically or emotionally. Abuse may also occur when a parent or caregiver puts a child at risk of serious injury or allows another to put a child at risk of serious injury. Neglect occurs when a child does not receive proper care, supervision, or discipline, or when a child is abandoned. North Carolina law requires any person who suspects child abuse or neglect to report the case to the county department of social services. In addition, any person can call the Division of Child Development at 919-662-4527 or 1-800-859-0829 and make a report of suspected child abuse or neglect in a child care center or home. Reports can be made anonymously. A person cannot be held liable for a report made in good faith.