110-105.6. Penalties for child maltreatment.
(a) For purposes of this Article, child maltreatment occurring in child care facilities is a violation of this Article, licensure standards, and licensure laws.
(b) Pursuant to G.S. 110-105.3, when an investigation confirms that child maltreatment did occur in a child care facility, the Department may issue an administrative action up to and including summary suspension and revocation of the facility's child care license.
(c) If the facility is permitted to remain open after an administrative action has been issued, the administrative action shall specify any corrective action to be taken by the operator.
(d) The Department shall make unannounced visits to determine whether the corrective action has occurred. If the corrective action has not occurred, then the Department may take further action against the facility as necessary to protect the health, safety, or welfare of the children at the child care facility.
(e) Administrative actions issued shall include a statement of the reasons for the action and shall specify corrective action that shall be taken by the operator.
(f) Under the terms of the administrative action, the Department may limit enrollment of new children until satisfied the situation giving rise to the confirmation of child maltreatment no longer exists.
(g) Specific corrective action required by an administrative action authorized by this Article may include the removal of the individual responsible for child maltreatment from child care pending a final determination or appeal of the individual's placement on the Child Maltreatment Registry.
(h) Nothing in this section shall restrict the Department from using any other statutory or administrative remedies available. (2015-123, s. 8.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 7 - Child Care Facilities.
§ 110-85 - Legislative intent and purpose.
§ 110-88 - Powers and duties of the Commission.
§ 110-90 - Powers and duties of Secretary of Health and Human Services.
§ 110-90.2 - Mandatory child care providers' criminal history checks.
§ 110-91 - Mandatory standards for a license.
§ 110-92 - Duties of State and local agencies.
§ 110-93 - Application for a license.
§ 110-94 - Administrative Procedure Act.
§ 110-98 - Mandatory compliance.
§ 110-98.1 - Prima facie evidence of existence of child care.
§ 110-98.5 - Care for school-age children during state of emergency.
§ 110-99 - Possession and display of license.
§ 110-101.1 - Corporal punishment banned in certain "nonlicensed" homes.
§ 110-102 - Information for parents.
§ 110-102.1 - Reporting of missing or deceased children.
§ 110-102.1A - Unauthorized administration of medication.
§ 110-102.2 - Administrative penalties.
§ 110-104 - Injunctive relief.
§ 110-105 - Authority to inspect facilities.
§ 110-105.3 - Child maltreatment.
§ 110-105.4 - Duty to report child maltreatment.
§ 110-105.5 - Child maltreatment registry.
§ 110-105.6 - Penalties for child maltreatment.
§ 110-106 - Religious sponsored child care facilities.
§ 110-106.2 - Department of Defense-certified child care facilities.