State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-106

§ 110‑106.  Religious sponsored child carefacilities.

(a)        The term "religious sponsored child care facility"as used in this section shall include any child care facility or summer daycamp operated by a church, synagogue or school of religious charter.

(b)        Procedure Regarding Religious Sponsored Child CareFacilities. –

(1)        Religious sponsored child care facilities shall file withthe Department a notice of intent to operate a child care facility and the dateit will begin operation at least 30 days prior to that date. Within 30 daysafter beginning operation, the facility shall provide to the Department writtenreports and supporting data which show the facility is in compliance withapplicable provisions of G.S. 110‑91. After the religious sponsored childcare facility has filed this information with the Department, the facilityshall be visited by a representative of the Department to ensure compliancewith the applicable provisions of G.S. 110‑91.

(2)        Each religious sponsored child care facility shall file withthe Department a report indicating that it meets the minimum standards forfacilities as provided in the applicable provisions of G.S. 110‑91 asrequired by the Department. The reports shall be in accordance with rulesadopted by the Commission. Each religious sponsored child care facility shallbe responsible for supplying with its report the necessary supporting data toshow conformity with those minimum standards, including reports from the localand district health departments, local building inspectors, local firemen,volunteer firemen, and other, on forms which shall be provided by theDepartment.

(3)        It shall be the responsibility of the Department to notifythe facility if it fails to meet the minimum requirements. The Secretary shallbe responsible for carrying out the enforcement provisions provided by theGeneral Assembly in Article 7 of Chapter 110 including inspection to ensurecompliance. The Secretary may issue an order requiring a religious sponsoredchild care facility which fails to meet the standards established pursuant tothis Article to cease operating. A religious sponsored child care facility mayrequest a hearing to determine if it is in compliance with the applicableprovisions of G.S. 110‑91. If the Secretary determines that it is not,the Secretary may order the facility to cease operation until it is incompliance.

(4)        Religious sponsored child care facilities including summerday camps shall be exempt from the requirement that they obtain a license andthat the license be displayed and shall be exempt from any subsequent rule orregulatory program not dealing specifically with the minimum standards asprovided in the applicable provisions of G.S. 110‑91. Nothing in thisArticle shall be interpreted to allow the State to regulate or otherwiseinterfere with the religious training offered as a part of any religioussponsored child care program. Nothing in this Article shall prohibit anyreligious sponsored child care facility from becoming licensed by the State ifit so chooses.

(5)        Religious sponsored child care facilities found to be inviolation of the applicable provisions of G.S. 110‑91 shall be subject tothe injunctive provisions of G.S. 110‑104, except that they may not beenjoined for operating without a license. The Secretary may seek an injunctionagainst any religious sponsored child care facility under the conditionsspecified in G.S. 110‑104 with the above exception and when any religioussponsored child care facility operates without submitting the required formsand following the procedures required by this Article.

(c)        G.S. 110‑91(8), 110‑91(11), 110‑91(12) donot apply to religious sponsored child care facilities, and these facilitiesare exempt from any requirements prescribed by subsection (b) of this sectionthat arise out of these provisions.

(d)        No person shall be an operator of nor be employed in areligious sponsored child care facility who has been convicted of a crimeinvolving child neglect, child abuse, or moral turpitude, or who is ahabitually excessive user of alcohol or who illegally uses narcotic or otherimpairing drugs, or who is mentally or emotionally impaired to an extent thatmay be injurious to children.

(e)        Each religious sponsored child care facility shall be underthe direction or supervision of a literate person at least 21 years of age. Allstaff counted toward meeting the required staff/child ratio shall be at least16 years old, provided that persons younger than 18 years old work under thedirect supervision of a literate staff person at least 21 years old. EffectiveJanuary 1, 1998, a person operating a religious sponsored child care home mustbe at least 21 years old and literate. Persons operating religious sponsoredchild care homes prior to January 1, 1998, shall be at least 18 years old andliterate. The definition of literate in G.S. 110‑91(8) shall apply tothis subsection. (1983, c. 283, ss. 1, 2;1985, c. 757, ss. 155(p), 156(k); 1987, c. 788, s. 20; 1997‑506, s. 26.)