10A NCAC 09 .2214         SCHEDULE OF CIVIL PENALTIES FOR family child care HOMES

Penalties may be assessed against family child care homes as defined in G.S. 110‑86(3)(b) as follows:

(1)           A civil penalty in an amount up to one thousand dollars ($1,000) may be imposed for the following violations:

(a)           When the Division has determined that child maltreatment occurred while a child was in care at the family child care home; or

(b)           Willful, repeated pattern of non‑compliance with any requirement.

(2)           A civil penalty in an amount up to two hundred dollars ($200.00) may be imposed for the following violations:

(a)           Non‑compliance with the standards of G.S. 110, Article 7 and this Chapter for:

(i)            Licensed capacity;

(ii)           Supervision of children;

(iii)          Administration of medication to children;

(iv)          Emergency medical care plan;

(v)           Discipline of children;

(vi)          Transportation of children; or

(vii)         Use of swimming pools and other swim areas;

(b)           Disapproved fire safety, building or sanitation inspection reports;

(c)           Relocation of the family child care home without prior notification to the Division;

(3)           A civil penalty in an amount up to one hundred dollars ($100.00) may be imposed for the following violations:

(a)           Non‑compliance with the standards of G.S. 110, Article 7 and this Chapter for:

(i)            Staff health requirements;

(ii)           Staff qualifications;

(iii)          Staff training;

(iv)          Children's health requirements;

(v)           Proper nutrition;

(vi)          Sanitation and personal hygiene practices;

(vii)         Age‑appropriate activities;

(viii)        Posting current license;

(ix)          Maintaining accurate records; or

(x)           Safe environment;

(b)           Failure to comply with a corrective action plan; and

(c)           Denial of entry to a representative of the Department or Division.

(4)           Violation of other standards of G.S. 110, Article 7 and this Chapter that are not specifically referenced elsewhere in this Rule may result in the assessment of a penalty according to the effect or potential effect of the violation on the safety and well‑being of the child.

History Note:        Authority G.S. 110-85; 110‑86(3); 110‑88(1),(5),(6a); 110-91; 110‑98; 110‑103.1; 110-105; 110-105.2; 110-105.6; 110-106; 143B‑168.3; 150B‑23;

Eff. October 1, 2017.