GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION

CHAPTER 640
HOUSE BILL 956

AN ACT TO BAN CORPORAL PUNISHMENT IN DAY-CARE PROGRAMS OTHER THAN CHURCH DAY-CARE PROGRAMS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 110-91(10) reads as rewritten:
"(10)	Each operator or staff member shall truly and honestly show each child in that person's care true love, devotion and tender care.
Each day-care facility shall have a written policy on discipline, describing the methods and practices used to discipline children enrolled in that facility. This written policy shall be discussed with, and a copy given to, each child's parent prior to the first time the child attends the facility. Subsequently, any change in discipline methods or practices shall be communicated in writing to the parents prior to the effective date of the change.
The use of corporal punishment as a form of discipline is prohibited in day-care facilities and may not be used by any operator or staff member of any day-care facility, except that corporal punishment may be used in church day-care facilities as defined in G.S. 110-106, only if (i) the church day-care facility files with the Department a notice stating that corporal punishment is part of the religious training of its program, and (ii) the church day-care facility clearly states in its written policy of discipline that corporal punishment is part of the religious training of its program.  The written policy on discipline of nonchurch day-care facilities shall clearly state the prohibition on corporal punishment."
Sec. 2.  G.S. 110-101 reads as rewritten:
"§ 110-101. Registration; minimum standards for child day care homes.
It shall be unlawful for any person to operate a day care home unless the day care home is registered with the Department in accordance with the requirements for registration adopted by the Commission.  The person who is registered shall be the individual who is on site providing care.  A registration certificate shall be issued and remain valid for a two-year period unless revoked, suspended or modified.  Each home shall display its current registration certificate in a prominent place.  The registration certificate shall remain the property of the State.  Day care homes shall comply with the reasonable minimum standards for health, safety, and sanitation adopted by the Commission.  Each day care home shall be located in a residence or other building which meets the requirements of the North Carolina Building Code under standards developed by the Building Code Council in consultation with the Division of Facility Services, and subject to adoption by the Commission, specifically for day care homes.
The use of corporal punishment as a form of discipline is prohibited and may not be used by any operator or staff person of any day care home, except that corporal punishment may be used in day care homes that are religious sponsored child day care homes under G.S. 110-106.1, only if the day care home files with the Department a notice stating that corporal punishment is part of the religious training of its program."
Sec. 3.  This act becomes effective October 1, 1991.
In the General Assembly read three times and ratified this the 11th day of July, 1991.

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James C. Gardner
President of the Senate

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Daniel Blue, Jr.
Speaker of the House of Representatives