GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	2 

HOUSE BILL 896
Committee Substitute Favorable 4/24/97

Short Title:  Day Care Changes.	(Public)

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Sponsors:

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Referred to:  

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April 8, 1997

A BILL TO BE ENTITLED
AN ACT TO CHANGE THE LAW REGARDING STAFF-CHILD RATIOS FOR CHILD DAY CARE FACILITIES TO ADDRESS THE SPECIAL NEEDS OF LARGE CHILD DAY CARE HOMES AND REGARDING RULES ADOPTED BY THE CHILD DAY CARE COMMISSION PERTAINING TO PLAYGROUND EQUIPMENT.
The General Assembly of North Carolina enacts:
Section 1.  (a)	G.S. 110-91(7) reads as rewritten:
"(7)	Staff-Child Ratio. – In determining the staff-child ratio, all children younger than 13 years shall be counted.  The Commission shall adopt rules regarding staff-child ratios, group sizes and multi-age groupings for each category of facility other than for infants and toddlers, provided that these rules shall be no less stringent than those currently required for staff-child ratios as enacted in Section 156(e) of Chapter 757 of the 1985 Session Laws.  The staff-child ratios and group sizes for infants and toddlers for all facilities except child day care large homes for infants and toddlers shall be no less stringent than as follows:
Age	Ratio	Group Size
0 to 12 months	5	10
12 to 24 months	6	12
2 to 3 years	10	20.
		The staff-child ratio for child day care large homes for all children shall be no less stringent than as follows:
Age	Ratio	Qualifications
0 to 13 years	8	a. There is no specific group size requirement.   No more than two children may be less than 12 months old with one caregiver.
b. When only one caregiver is required to meet this staff-child ratio, the operator shall make available to parents the name, address, and phone number of an adult who is nearby and available for emergency relief.
c. Children shall be supervised at all times.  All children who are not asleep or resting shall be visually supervised.  Children may sleep or rest in another room as long as a caregiver can hear them and respond immediately."
(b) This section becomes effective October 1, 1997.
Section 2.  G.S. 110-91(6) reads as rewritten:
"(6)	Space and Equipment Requirements. – There shall be no less than 25 square feet of indoor space for each child for which a child day care facility is licensed, exclusive of closets, passageways, kitchens, and bathrooms, and this floor space shall provide during rest periods 200 cubic feet of airspace per child for which the facility is licensed.  There shall be adequate outdoor play area for each child under rules adopted by the Commission which shall be related to the size and type of facility, availability and location of outside land area, except in no event shall the minimum required exceed 75 square feet per child, which area shall be protected to assure the safety of the children receiving day care by an adequate fence or other protection; provided, however, that a facility operated in a public school shall be deemed to have adequate fencing protection; provided, also, that a facility operating exclusively during the evening and early morning hours, between 6:00 P.M. and 6:00 A.M., need not meet the outdoor play area requirements mandated by this subdivision.
		Each child day care facility shall provide indoor area equipment and furnishings that are child size, sturdy, safe, and in good repair.  Each child day care facility shall provide outdoor area equipment and furnishings that are child size, sturdy, free of hazards that pose threat of serious injury to children while engaged in normal play activities, and in good repair.  The Commission shall adopt standards to establish minimum requirements for equipment appropriate for the size facility being operated pursuant to G.S. 110-86(3). Space shall be available for proper storage of beds, cribs, mats, cots, sleeping garments, and linens as well as designated space for each child's personal belongings."
Section 3.  Article 7 of Chapter 110 of the General Statutes is amended by adding the following new section to read:
"§ 110-105.3.  Assistance to day care center operators regarding outdoor playground equipment and surfacing.
The Commission shall develop guidelines pertaining to outdoor play area equipment and furnishings at day care facilities.  The guidelines are not considered rules under Chapter 150B of the General Statutes and are not binding upon day care operators.  The guidelines shall be designed to assist operators in determining whether the equipment and surfacing they currently or intend to provide is child size, sturdy, safe, and in good repair.  Inspection of outdoor equipment and surfacing shall be included in facility inspections conducted pursuant to this Article for the purpose of informing operators of conditions that may pose safety hazards.  The Department shall make the guidelines available to operators and shall also make available information and technical assistance that will better enable operators to provide and maintain a safe outdoor play environment.  Day care center operators shall make available to consumers of the center's services the most recent inspection report findings with respect to outdoor play area equipment and surfacing at the day care center."
Section 4.  Sections 2 and 3 of this act limit the authority of the Child Day Care Commission to adopt rules to ensure that outdoor play area equipment and surfacing at day care facilities are free of hazards that pose imminent danger and threat of serious injury to children while engaged in normal play activities.  Accordingly, pursuant to G.S. 150B-21.7, rules adopted by the Child Day Care Commission pertaining to outdoor play area equipment and surfacing at day care facilities adopted prior to this act becoming effective are repealed.
Section 5.  Except as otherwise provided in this act, this act is effective when it becomes law.