GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 1248

Short Title:  Religious Sponsored Day Care.	(Public)
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Sponsors: Representatives Mills (by request); and Decker.
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Referred to:  Human Resources.
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April 12, 1989

A BILL TO BE ENTITLED
AN ACT TO REVISE G.S. 110-106 AND G.S. 110-106.1; AND TO REQUIRE THAT RELIGIOUS SPONSORED DAY CARE PROGRAMS BE MONITORED BY THE DIVISION OF NON-PUBLIC EDUCATION OF THE OFFICE OF THE GOVERNOR.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 110-106 and G.S. 110-106.1 are repealed.
Sec. 2.  Chapter 110 of the General Statutes is amended by adding the following new sections to read:
"§ 110-106.3.  Religious sponsored day care facilities.
(a)	The term ‘church day care facility', as used herein shall include any day care facility or summer day camp operated by a church, synagogue or school of religious charter.
(b)	The term ‘Division of Non-Public Education' as used herein shall be the Director of the Division of Non-Public Education of the Office of the Governor.
(c)	Procedures and requirements:
(1)	Church day care facilities shall file with the Division of Non-Public Education a written notice of intent to operate a day care facility by at least 30 days prior to the date the facility will begin operation.  The written notice of intent shall be on a form prescribed by the Division of Non-Public Education and shall ask for the name of the facility, its mailing and location addresses, telephone number, names of the chief administrator and the owner, date the facility will begin operation, and proposed number and age range of children to be served.
(2)	Within 30 days after beginning operation, the church day care facility shall have filed with the Division of Non-Public Education written evidence that the facility is in compliance with local and State fire, safety, health and sanitation requirements.  The evidence shall be on forms which shall be provided by the Division of Non-Public Education.
(3)	After the church day care facility has filed this information, the facility shall be visited by a staff member of the Division of Non-Public Education to assure that the following requirements are met:
a.	Medical Care and Sanitation - Each church day care facility, and all personnel, shall meet the minimum health and sanitation standards developed by the Commission for Health Services not inconsistent with the provisions of this Article.  The health and sanitation standards developed by the Commission for Health Services shall cover such matters as the cleanliness of floors, walls, ceilings, storage spaces, utensils, and other facilities; adequacy of ventilation; sanitation of water supply, lavatory facilities, toilet facilities, sewage disposal, food protection facilities, bactericidal treatment of eating and drinking utensils, and solid-waste storage and disposal; methods of food preparation and serving; health of staff members; and such other items and facilities as are necessary in the interest of the public health.  Each year, or more often if required by the Division of Non-Public Education in a particular case, each church day care facility shall submit evidence satisfactory to the Division of Non-Public Education that it conforms to these health and sanitation standards.
   Each child shall have a medical examination by a licensed physician or his authorized agent who is currently approved by the North Carolina Board of Medical Examiners, or comparable certifying board in any contiguous state, prior to being admitted or within 30 days following admission to a day care facility; a record of such examination shall be on file in the records of the facility, provided, however, that no medical certificate shall be required of any child who is and has been in normal health and whose parent, guardian, or full-time custodian objects in writing to a medical examination on religious grounds which conform to the teachings and practice of any recognized church or religious denomination.
		Each child shall be immunized in such manner as to meet the requirements of Articles 9 and 9A of Chapter 130 of the General Statutes.
		Each day care facility shall have a plan of emergency medical care which shall include provisions for communication with and transportation to a specified medical resource, unless otherwise previously instructed.  No child receiving day care shall be administered any drug or other medication without specific written instructions from a physician or the child's parent, guardian or full-time custodian.  Medical information on each child in care, including the names, addresses, and telephone numbers of the child's physician and parents, legal guardian or full-time custodian shall be readily available to the staff of the day care facility in the records of the facility in accordance with a form approved by the Division of Non-Public Education for this purpose.
		There shall be a separate bed, cot or mat equipped with individual linen, for each child to use during rest periods, except for school-aged children; if a mat is used, it shall be of a waterproof, washable material at least two inches thick and shall be stored so that the floor side does not touch the sleeping side.  Beds and linens used by members of the household of the operator shall  not be used by children receiving care in the day care facility.
b.	Health-Related Activities - Each child in a day care facility shall receive nutritious food and refreshments.  The number and size of servings and snacks shall be appropriate for the ages of the children and shall be planned according to the number of hours the child is in care.  Menus for meals and snacks shall be planned at least one week in advance, dated, and posted where they can be seen by parents.
		Each day care facility shall arrange for each child in care to be out-of-doors each day if weather conditions permit.
		Each day care facility shall have a rest period for each child in care after lunch or at some other appropriate time.
		No day care facility shall care for more than 25 children in one group.  Facilities providing care for 26 or more children shall provide for two or more groups according to the ages of children and shall provide separate supervisory personnel for each group.
c.	Location - Each day care facility shall be located in an area which is free from conditions which are deemed hazardous to the physical and moral welfare of the children in care.
d.	Building - Each day care facility shall be located in a building which meets the requirements of the North Carolina Building Code under standards which shall be developed by the Building Code Council specifically for day care facilities including facilities operated in a private residence.  Such standards shall be consistent with the provisions of this Article.
e.	Fire Prevention - All day care facilities shall annually, or more often if required by the Division of Non-Public Education in a particular case, be inspected by a local fire department or a volunteer fire department, using fire prevention standards which shall be developed by the State Insurance Department after consultation with local fire departments and volunteer fire departments.
f.	Space and Equipment Requirements - There shall be no less than 25 square feet of indoor space for each child enrolled in the day care facility, exclusive of closets, passageways, kitchens, and bathrooms, and such floor space shall provide during rest periods 200 cubic feet of airspace per child for the facility's maximum enrollment capacity.  There shall be adequate outdoor play area for each child.  The minimum required shall not exceed 75 square feet per child, which area shall be protected to assure the safety of the children receiving day care by an adequate fence or other protection; provided, however, that a facility operating exclusively during the evening and early morning hours, between 6:00 p.m. and 6:00 a.m., need not meet the outdoor play area requirements mandated by this subdivision.
		Each day care facility shall provide equipment and furnishings that are child size, sturdy, safe, and in good repair.  Space shall be available for proper storage of beds, cribs, mats, cots, sleeping garments, and linens as well as designated space for each child's personal belongings.
g.	Staff-Child Ratio - In determining the staff/child ratio, all children younger than 13 years shall be counted.  The ratios shall be as follows:
SMALL DAY CARE CENTERS (13 through 29 Children)
For day care centers caring for fewer than 30 children of whom more than half are under the age of two, the ratios for medium and large centers shall apply.
For all other day care centers caring for fewer than 30 children, the ratios are as follows:
In centers caring for 13 through 20 children, inclusive, there shall be two adult caregivers present, giving care.
In centers caring for 21 to 29 children, inclusive, there shall be three adult caregivers present, giving care.
Maximum group size for each age is fixed at twice the staff/child ratio for the respective age groups, but not larger than 25 children.
MEDIUM AND LARGE DAY CARE CENTERS (30 or More Children)
For facilities caring for 30 or more children, the ratios and maximum group sizes are as follows:
Ages of Children	No. of Children	Staff	Group Size
0 to 2 years	 7	1	14
2 to 3 years	12	1	24
3 to 4 years	15	1	25
4 to 5 years	20	1	25
5 years & older	25	1	25
Children under two years of age shall be kept separate from older children, and with a full-time adult always in attendance.
Staff members required to be responsible for the care of children shall not have responsibility for food preparation.
Excluding children under two years of age, any facility may provide care for ten percent (10%) more children than the normal maximum number.  This tolerance shall be used only in emergency situations or to provide for after-school care for school-age children.
Maximum group size for each age is fixed at twice the staff/child ratio for the respective age groups, but not larger than 25 children.
Children in small, medium and large day care centers shall be supervised at all times.  Supervision shall mean visual supervision with the exception of brief periods necessitated by emergency and day-to-day child care responsibilities.
h.	Qualifications for Staff - Each day care facility shall be under the direction or supervision of a literate person at least 21 years of age.  All staff counted in determining the required staff/child ratio shall be at least 16 years of age, provided that persons younger than 18 years of age work under the direct supervision of a literate staff person who is at least 21 years of age.  No person shall be an operator of nor be employed or work on a voluntary basis in a day care facility who has been convicted of a crime involving child neglect, child abuse, or moral turpitude, or who is an habitually excessive user of alcohol or who illegally uses narcotic or other impairing drugs, or who is mentally or emotionally impaired to an extent that may be injurious to children.
		Prior to the time of employment, all personnel, including the director, shall furnish a statement, signed by a licensed physician or an authorized health professional under his/her supervision, that indicates that the person is emotionally and physically fit to care for children.  For the purposes of this requirement, an authorized health professional means a nurse practitioner or physician's assistant currently approved to perform medical acts by the North Carolina Board of Medical Examiners.
		The Division of Non-Public Education or the director of the church day care center may request another evaluation of an employee's emotional and physical fitness to care for children when there is reason to believe that there has been deterioration in the person's emotional or physical fitness to care for children.  The Division of Non-Public Education may request another evaluation of the center director's emotional and physical fitness when deemed necessary.
		An annual test showing each employee, including the director, to be free of active tuberculosis is required.
		Each employee, including the director, shall also annually submit a medical statement from a licensed physician or authorized health professional as already defined or must complete a health questionnaire giving information about the status of his/her health.  This questionnaire will be approved by the Division of Non-Public Education.
		Staff medical statements, proof of annual tuberculosis tests, and completed health questionnaires shall be included in the employee's individual personnel file in the center.  Such information shall also be maintained for any person who works on a voluntary basis.
i.	Records - Each day care facility shall keep accurate records on each child receiving care in the day care facility in accordance with a form approved by the Division of Non-Public Education and shall submit attendance reports as required by the Division of Non-Public Education.
		Each day care facility shall keep accurate records on each staff member or other person delegated responsibility for the care of children in accordance with a form approved by the Division of Non-Public Education.
		All records of any day care facility except financial records, shall be subject to review by a member of the Division of Non-Public Education staff.
		Any effort to falsify information provided to the Division of Non-Public Education shall be deemed by the Division of Non-Public Education to be evidence of violation of this Article on the part of the operator or sponsor of the day care facility and shall constitute a cause for termination of the operation of such day care facility.
j.	Each operator or staff member shall truly and honestly show each child in his care true love, devotion and tender care.
		Each day care facility shall have a written policy on discipline, which policy describes the methods and practices used to discipline children enrolled in that facility.  This written policy shall be discussed with, signed by, and a copy given to, both of each child's parents prior to the first time the child attends the facility.  Subsequently, any change in discipline methods or practices shall be communicated in writing at least 30 days in advance to both parents and signed by them prior to the effective date of the change.  Signed discipline policy agreement forms must be kept in the child's file in the facility.
k.	Staff Development - Each day care facility should have a written staff development plan that includes periodic training activities for each staff member which should be reported annually to the Division of Non-Public Education.
l.	Planned Age Appropriate Activities - Each day care facility should have a planned schedule of activities posted in a prominent place to enable parents to review it, and a written plan of age appropriate activities available to parents.  Each facility should have age appropriate activities and play materials to implement the written plan.
m.	Transportation - All day care facilities shall abide by North Carolina law regulating the use of seat belts and child restraint devices.  All vehicles operated by any facility staff person or volunteer to transport children shall be properly equipped with appropriate seat belts or child restraint devices as approved by the Commissioner of Motor Vehicles.  Each adult and child shall be restrained by an appropriate seat safety belt or restraint device when the vehicle is in motion.  These restraint regulations do not apply to vehicles not required by federal law to be equipped with seat restraints.  All vehicles used to transport children shall meet and maintain the safety inspection standards of the Division of Motor Vehicles of the Department of Transportation and the facility shall comply with all other applicable State and federal laws and regulations concerning the operation of a motor vehicle.  Children may never be left unattended in a vehicle.
		The ratio of adults to children in day care vehicles may not be less than the staff/child ratios herein prescribed by G.S. 110-106.
n.	Parental Access - The custodial parent, guardian or full-time custodian of a child enrolled in any church day care facility subject to regulation under G.S. 110-106 shall be allowed unlimited access to the facility during its operating hours for the purposes of contacting the child or evaluating the facility and the care provided by the facility.  The parent, guardian or custodian shall notify the on-site administrator of his/her presence immediately upon entering the premises.
(4)	Each church day care facility shall by every November 1 file with the Division of Non-Public Education, on a form prescribed by the Division of Non-Public Education, a report indicating that the requirements of G.S. 110-106 are being met.  A photocopy of the latest annual fire and sanitation inspection forms completed for the facility by the local fire department and local health department must be submitted with the report.
(5)	The initial on-site visit to each church day care facility by a Division of Non-Public Education staff member shall be announced in advance to the facility.  However, all other visits by a staff member of the Division of Non-Public Education may be unannounced in advance.  The frequency of such visits shall be determined by the Division of Non-Public Education.
(6)	It shall be the responsibility of the Division of Non-Public Education to notify the facility if it fails to meet the requirements of G.S. 110-106.  The Division of Non-Public Education shall then notify the Secretary of the Department of Human Resources who shall be responsible for carrying out the enforcement provisions provided by the General Assembly in Article 7 of Chapter 110 of the General Statutes.  The Secretary of the Department of Human Resources shall be empowered to issue upon notification from the Division of Non-Public Education an order requiring a church day care facility which fails to meet the standards of G.S. 110-106 to cease operating.  A church day care facility may request of the Secretary of the Department of Human Resources a hearing to determine if it is in compliance with the provisions of G.S. 110-106.  If the Secretary of the Department of Human Resources determines that it is not, he may order the facility to cease operation until it is in compliance.
(7)	Church day care facilities including summer day camps shall be exempt from the requirements that they obtain a license, that the license be displayed, and shall be exempt from any past, present of future rules, regulations, policies, or standards adopted by the Child Day Care Commission.  Church day care facilities shall also be exempt from all previous and current General Statute requirements relating to day care except that church day care facilities shall be required to meet those procedures, requirements and standards enacted by the 1989 General Assembly, G.S. 110-106.  Nothing in this Article shall be interpreted to allow the State to regulate or otherwise interfere with the religious training offered as a part of any church day care program.  Nothing in this Article shall prohibit any church-operated, synagogue-operated or religious affiliated facility from becoming licensed by the State if it so chooses.
(8)	Church day care facilities found by the Division of Non-Public Education to be in violation of the provisions of G.S. 110-106 shall be subject to the injunctive provisions of G.S. 110-104, except that they may not be enjoined for operating without a license.  The Secretary of the Department of Human Resources is empowered when informed by the Division of Non-Public Education to seek an injunction against any such facility with the above exception and when any such facility operates without submitting the required forms to the Division of Non-Public Education and following the requirements and procedures of G.S. 110-106.
"§ 110-106.4.  Religious sponsored child day care homes.
The requirements and exemptions that apply to religious sponsored day care facilities pursuant to G.S. 110-106 shall apply also to religious sponsored child day care homes except that the staff/child ratio for religious sponsored child day care homes (maximum of 12 children) shall be:

Age of Children	No. of Children	No. of Staff	 Group Size
0 to 4 years	6	1	12
0 to 13 years	8	1	12
(No more than three children may be less than 12 months old)
2 to 13 years	10	1	12
3 to 13 years	12	1	12

Children shall be supervised at all times.  All children not asleep or resting shall be visually supervised.  Children may sleep or rest in another room as long as a caregiver can hear them and respond immediately."
Sec. 3.  This act shall become effective August 1, 1989.