A BILL TO BE ENTITLED
AN ACT requiring child care facilities to place children in a sleeping position that reduces the risk of sudden infant death syndrome (sids), prohibiting the administration of medication to a child in a licensed or unlicensed child care facility without proper authorization from the child's parent or guardian, and requiring certain agencies and the medical community to cooperate in investigating reports of child abuse and neglect in child care facilities.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 110‑91 is amended by adding a new subdivision to read:
"§ 110‑91.  Mandatory standards for a license.
All child care facilities shall comply with all State laws and federal laws and local ordinances that pertain to child health, safety, and welfare. Except as otherwise provided in this Article, the standards in this section shall be complied with by all child care facilities. However, none of the standards in this section apply to the school‑age children of the operator of a child care facility but do apply to the preschool‑age children of the operator. Children 13 years of age or older may receive child care on a voluntary basis provided all applicable required standards are met. The standards in this section, along with any other applicable State laws and federal laws or local ordinances, shall be the required standards for the issuance of a license by the Secretary under the policies and procedures of the Commission except that the Commission may, in its discretion, adopt less stringent standards for the licensing of facilities which provide care on a temporary, part‑time, drop‑in, seasonal, after‑school or other than a full‑time basis.
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(15)	Proper Placement of Sleeping Child. – A caregiver in a child care facility shall place a child age 12 months or younger on the child's back for sleeping to reduce the risks associated with Sudden Infant Death Syndrome (SIDS) unless the caregiver receives a written waiver from a health care provider as defined in G.S. 58-50-61 instructing otherwise. Operators of child care facilities that care for children ages 12 months or younger shall develop a written safe sleep policy, in accordance with rules adopted by the North Carolina Child Care Commission, and shall discuss the policy with a child's parent or guardian before the child is enrolled in the child care facility. The child's parent or guardian shall sign a statement attesting that he or she received a copy of the safe sleep policy and that the policy was discussed with him or her before the child's enrollment. Any caregiver responsible for the care of children ages 12 months or younger shall receive training in safe sleep practices."
SECTION 2.  Chapter 110 of the General Statutes is amended by adding a new section to read:
"§ 110-102.1A.  Unauthorized administration of medication; investigations.
(a)	It is unlawful for an employee, owner, household member, substitute, volunteer, or operator of a licensed or unlicensed child care facility to do either of the following:
(1)	Administer any type of drug or medication to a child attending the child care facility if the person administering the drug or medication knew or should have known that written authorization was not obtained from the child's parent or guardian in accordance with rules adopted by the North Carolina Child Care Commission.
(2)	Direct another to administer any type of drug or medication to a child attending the child care facility if the person directing another to administer the drug or medication knew or should have known that written authorization was not obtained from the child's parent or guardian in accordance with rules adopted by the North Carolina Child Care Commission.
Any person who violates this subsection is guilty of a Class A1 misdemeanor.
(b)	The Division of Child Development, local departments of social services, and local law enforcement personnel shall cooperate with the medical community to ensure that reports of child abuse or neglect in child care facilities are properly investigated."
SECTION 3.  G.S. 110‑103A(a), as enacted by Section 2 of this act, becomes effective December 1, 2003, and applies to offenses committed on or after that date. The remainder of this act becomes effective December 1, 2003.