TO STRENGTHEN THE LAWS REGARDING THE SAFETY OF CHILDREN IN CHILD CARE FACILITIES.
Amends GS 110-90.2 by expanding the definition of “child care provider” to include both permanent and temporary employees and substitute providers as well as family members and nonfamily members in family child care homes who use the home as a permanent or temporary place of residence. Eliminates from the definition the requirement that the employee have contact with the children. Expands the definition of “criminal history” to include criminal charges. Adds additional crimes to the list of crimes bearing on the safety of children. Adds definitions for “substitute provider” and “uncompensated provider.” Prohibits certain convicted and adjudicated persons from being child care providers or uncompensated child care providers. Provides for the Department of Health and Human Services (DHHS) to ensure certain criminal history checks of providers prior to employment and every three years, effective March 1, 2012 (was, January 1, 1996). Permits the Department to prevent habitually excessive alcohol and drug users or mentally or emotionally impaired individuals from being child care providers. Amends the mandatory criminal history check notice for child care providers to add additional crimes bearing on the safety of children. Adds intentional falsification on a criminal history check as a ground for DHHS to disallow an individual to provide child care. Specifies that district court review of DHHS decision is de novo and that no jury trial is available for such appeals. Amends certain provisions regarding payment for required criminal history checks. Makes a conforming change to GS 110-91.
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