10A NCAC 09 .1724         SAFE SLEEP practices

(a)  Each operator licensed to care for infants aged 12 months or younger shall develop, adopt, and comply with a written safe sleep policy that:

(1)           specifies that the operator shall place infants aged 12 months or younger on their backs for sleeping, unless:

(A)          for an infant aged six months or less, the operator receives a written waiver of this requirement from a health care professional; or

(B)          for an infant older than six months, the operator receives a written waiver of this requirement from a health care professional, or a parent or a legal guardian;

(2)           specifies that infants aged 12 months or younger shall be placed in a crib, bassinet or play pen, mat, or cot with a firm padded surface when sleeping;

(3)           specifies no pillows, wedges or other positioners, pillow-like toys, blankets, toys, bumper pads, quilts, sheepskins, loose bedding, towels and washcloths, or other objects may be placed in a crib with a sleeping infant aged 12 months or younger;

(4)           specifies that children shall not be swaddled;

(5)           specifies that nothing shall be placed over the head or face of an infant aged 12 months or younger when the infant is laid down to sleep;

(6)           specifies that the temperature in the room where infants aged 12 months or younger are sleeping does not exceed 75°F;

(7)           specifies the operator shall visually check sleeping infants aged 12 months or younger at least every 15 minutes;

(8)           specifies how the operator shall document compliance with visually checking on sleeping infants aged 12 months or younger;

(9)           specifies that pacifiers that attach to infant clothing shall not be used with sleeping infants;

(10)         specifies that infants aged 12 months or younger sleep alone in a crib, bassinet, play pen, mat, or cot;

(11)         specifies that infants aged 12 months or younger shall be prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; and

(12)         specifies any other steps the operator shall take to provide a safe sleep environment for infants aged 12 months or younger.

(b)  The operator shall post a copy of the safe sleep policy and poster about safe sleep practices in a prominent place in the infant sleeping room or area where parents and caregivers are able to view daily.

(c)  A copy of the operator's safe sleep policy shall be given and explained to the parents of an infant aged 12 months or younger on or before the first day the infant attends the home. The parent shall sign a statement acknowledging the receipt and explanation of the policy. The acknowledgement shall contain:

(1)           the infant's name;

(2)           the date the infant first attended the home;

(3)           the date the operator's safe sleep policy was given and explained to the parent; and

(4)           the date the parent signed the acknowledgement.

The operator shall retain the acknowledgement in the child's record as long as the child is enrolled at the home.

(d)  If an operator amends a home's safe sleep policy, the operator shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The operator shall retain the acknowledgement in the child's record as long as the child is enrolled at the home.

(e)  The operator shall place a child aged 12 months or younger on the child's back for sleeping, unless for a child aged 6 months or younger, the operator obtains a written waiver from a health care professional; or for a child older than 6 months, the operator obtains a written waiver from a health care professional or parent. Waivers shall include the following:

(1)           the infant's name and birth date;

(2)           be signed and dated by the infant's health care professional or parent;

(3)           if a wedge is needed, specify why it is needed and how it should be used; and

(4)           the infant's authorized sleep positions.

The operator shall retain the waiver in the child's record as long as the child is enrolled at the home.

(f)  Documents that verify staff member's compliance with visual checks on infants shall be maintained for a minimum of one month.

(g)  For each infant with a waiver on file at the home as specified in Paragraph (e) of this Rule, a notice shall be posted for quick reference near the infant's crib, bassinet, play pen, or mat that shall include:

(1)           the infant's name;

(2)           the infant's authorized sleep position; and

(3)           the location of the signed waiver.

No confidential medical information, including an infant's medical diagnosis, shall be shown on the notice.

History Note:        Authority G.S. 110-85; 110-91(15); 143B-168.3;

Eff. May 1, 2004;

Amended Eff. July 1, 2010;

Readopted Eff. October 1, 2017;

Amended Eff. February 1, 2021.