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

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

   1. (a) When the Division has determined that child maltreatment occurred while a child was in care at the family child care home; or
   2. (b) Willful, repeated pattern of non‑compliance with any requirement.

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

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

      1. (i) Licensed capacity;
      2. (ii) Supervision of children;
      3. (iii) Administration of medication to children;
      4. (iv) Emergency medical care plan;
      5. (v) Discipline of children;
      6. (vi) Transportation of children; or
      7. (vii) Use of swimming pools and other swim areas;
   2. (b) Disapproved fire safety, building or sanitation inspection reports;
   3. (c) Relocation of the family child care home without prior notification to the Division;

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

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

      1. (i) Staff health requirements;
      2. (ii) Staff qualifications;
      3. (iii) Staff training;
      4. (iv) Children's health requirements;
      5. (v) Proper nutrition;
      6. (vi) Sanitation and personal hygiene practices;
      7. (vii) Age‑appropriate activities;
      8. (viii) Posting current license;
      9. (ix) Maintaining accurate records; or
      10. (x) Safe environment;
   2. (b) Failure to comply with a corrective action plan; and
   3. (c) Denial of entry to a representative of the Department or Division.
4. (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.