If you run a daycare, it’s important to understand how past actions from the Division of Child Development and Early Education (DCDEE) can impact new complaints. Dealing with administrative actions and appeals can be stressful, but knowing your rights and options can help protect your license and keep your daycare open.
What Is an Administrative Action by DCDEE?
Administrative actions are penalties imposed by DCDEE when a daycare facility is found to be in violation of regulations. These actions can range from written warnings and reprimands to license revocation. For example, if a facility receives a notice of administrative action for lack of supervision—which is considered child maltreatment in North Carolina—DCDEE may seek to revoke the facility’s license.
It is essential to respond promptly to such notices by filing an appeal through a petition for a contested hearing. This process allows you to challenge the allegations and work toward a resolution. Understanding the difference between various penalties, such as a written reprimand versus a written warning, can help you better handle these situations.
How Does a Prior Administrative Action Affect a New Complaint?
Let’s consider a hypothetical scenario: In 2022, your daycare facility received a written reprimand for lack of supervision. Fast forward to 2025, and you face a new complaint, this time for violating staff-to-child ratio requirements.
The key question is: Does the previous administrative action for lack of supervision impact this new, unrelated complaint?
According to DCDEE’s internal policy, as shared by staff from the Attorney General’s Office and DCDEE, the answer should be no. If the new complaint involves a different allegation, it is generally treated as a “blank slate,” meaning the prior action should not influence the new case.
Real-World Experience: Policy vs. Practice
While the policy aims to keep complaints separate, practical experience shows this isn’t always consistently applied. Sometimes, DCDEE may bring up past issues—whether related or unrelated—to influence decisions on current complaints. For instance, they might reference a previous reprimand to justify a stricter penalty or reduced leniency, even if the new complaint concerns a different violation.
This inconsistency highlights the importance of understanding the exact nature of the allegations against your facility and the specific regulations or statutes involved. It also underscores the need to be cautious and deliberate when responding to new complaints.
Key Steps to Protect Your Facility
1. Understand the Allegations: Know precisely what you are being accused of and which codes or statutes are involved.
2. Don’t Rush Decisions: Take the time to review all evidence and information before agreeing to any penalties or resolutions.
3. File Appeals When Appropriate: If you believe the administrative action is unfair or incorrect, file a petition for a contested hearing to appeal the decision.
4. Engage in Negotiations: Even after filing an appeal, you can work with DCDEE to reach a settlement, such as agreeing to a corrective action plan or a lesser penalty.
5. Implement Corrective Measures: If you acknowledge the violation, take steps to correct the issue promptly—this may include retraining staff or making tough personnel decisions.
The Long-Term Impact of Administrative Actions
One important consideration is that administrative actions can have lasting effects—sometimes surfacing years later. There have been instances where DCDEE has referenced violations from five, six, or even eight years prior when evaluating new complaints.
While these are extreme examples, they illustrate why it’s essential not to let an administrative action become final without fully understanding its implications. What you accept today could influence your facility’s standing and licensing for many years to come.
Additional Resources and Support
For daycare providers seeking further guidance, it’s beneficial to explore detailed resources that explain administrative actions, penalties, and the appeal process. Information on the differences between written warnings and reprimands, as well as how to file petitions for contested hearings, can provide deeper insight.
Moreover, professional legal advice can be invaluable when dealing with complex or recurring complaints. Engaging with professionals who understand DCDEE procedures ensures you receive personalized support tailored to your facility’s unique situation.
Conclusion
In summary, prior DCDEE administrative actions do not automatically impact new complaints if the allegations are unrelated. However, real-world practice sometimes deviates from this policy, making it essential to approach each complaint carefully and strategically.
Understanding your rights, the nature of the allegations, and the appeal process empowers you to protect your daycare facility and professional license effectively. Always take time to gather information, consider your options, and seek legal advice when necessary.
By staying informed and proactive, you can handle DCDEE complaints with confidence and keep your daycare business thriving for years to come.
*Nothing in this blog establishes an attorney-client relationship. Nothing in this blog is legal advice. If you have any questions, please check out our other blogs and our Youtube channel. You can also call us at 919-521-8810 with questions.