North Carolina Child Care License Defense Lawyer
North State Law helps Day Care / Child Care Facilities and Family Child Care Home Providers facing licensing problems such as suspension or revocation.
In North Carolina, the NC Division of Child Development and Early Education regulates licensing and compliance for childcare facilities and family childcare home providers.
The North Carolina General Assembly enacted Article 7, Section 110 that gives NC Division of Child Development and Early Education the power of regulation.
If a facility or provider receives a complaint or a North Carolina childcare consultant visits and discovers something out of compliance with the law, facilities and providers can face penalties and possible license suspension or revocation.
If you’re facing this type of situation, Nick Dowgul, and North State Law Firm, may be able to help you protect your license and continue to provide child care in the future.
Dowgul has years of experience helping North Carolina professionals, including child care facilities and child care providers, protect their licenses so they can continue doing what they love and providing for their families.
North Carolina Day Care Owners Group
If I am facing licensing issues with my North Carolina Child Care Facility, how can a lawyer help me?
If you receive a complaint or a child care consultant discovers an infraction on a visit, administrative steps must be taken to return to compliance with the state.
Administrative Law is the focus practice area of North State Law.
In this type of situation, hiring a lawyer will grant you access to a professional who has experience in this field.
The lawyer will assist you with the steps to comply with the state agency to protect your license and make sure the issue does not reoccur.
Any paperwork or events requiring you to answer questions or explain the violation will be done with the guiding hand of someone familiar with the law.
I received notice of violation that I think is very small, and I can correct myself. Would I need a lawyer in that situation?
It’s always a wise choice to contact a lawyer familiar with Administrative Law regarding Child Care Facilities in North Carolina.
While minor violations may seem trivial, if they begin to add up, they can cause disruption and may lead to penalties or license suspension, or revocation.
If you’re a Child Care Facility owner or a home provider, you know action can be taken if there is a pattern of violations or your compliance score slips below a threshold of 75% within 18 months.
While violations or complaints may seem small and you think you can handle it all on your own, we strongly encourage at least reaching out for a consultation with an experienced North Carolina Child Care Licensing Lawyer.
What factors does the NC Division of Child Development and Early Education consider before issuing an Administrative Action?
Considered factors to Administrative Actions are covered in the North Carolina Administrative Code of Child Care Rules under Rule .2201 and reads as follows:
(b) The Division shall consider the following factors when determining whether to issue an administrative action or what type of administrative action to be issued, including:
(1) the severity of the violation or incident;
(2) the probability of recurrence of the violation or incident;
(3) all prior administrative actions issued to the facility;
(4) all prior incidents where the Division has determined that abuse, neglect, or child maltreatment occurred at the facility;
(5) the operator’s response to the violation or incident, including actions taken to prevent recurrence, such as revision to facility policies and procedures or additional staff training;
(6) a self- report of the violation or incident was submitted to the Division by the operator; and
(7) information or records received from local, State, or federal agencies relevant to the violation or incident.
If I decide to hire a lawyer for my child care licensing issues, at what point should I hire them?
Hiring a lawyer as soon as possible allows them ample time to investigate the complaints, allegations, and violations. The larger the window of time, the more the lawyer can prepare.
With Administrative Law, and generally any legal discipline, there are many timelines and deadlines that one must meet to satisfy the regulating body.
If a lawyer is hired quickly, it gives them time to build the game plan to satisfy those requirements and do it in a manner that has the backing of their own professional research and facts to prove your case.
What are some common reasons child care facilities or providers face licensing issues, revocation, or suspension in North Carolina?
Many different situations could lead to licensing troubles for child care facilities and providers in North Carolina. We have witnessed the following conditions the most often at North State Law.
- Child Maltreatment allegations.
- Failure to adequately supervise children.
- Untruthful or deceitful conduct when communicating with a state inspector.
- Inadequate Staff Training
- Inadequate record keeping.
I just received a complaint about my facility or license; what should I do now?
As we mentioned earlier in this article, speaking with a well-versed professional in Child Care Administrative Law is a wise choice anytime you face any licensing questions with your facility or provider care.
If you just received the letter, there is no doubt that your emotions are running high. You’re worried about the future and reputation of your facility.
Additionally, you’re going to have questions and concerns.
The best way to address these and better understand how to navigate the next few steps is by speaking with someone who knows the law and how it applies to your specific situation.
Will simply having a consultation with a lawyer who handles child care licensing issues solve every problem you’re facing? No.
However, it will give you peace of mind in a state of high emotions. It will allow you to ask questions and receive information that you need at this moment.
Contact North State Law
If you are a Child Care Facility Owner or Provider and you’re facing licensing issues and have questions, don’t hesitate to contact Nick Dowgul of North State Law today to discuss your situation.
North Carolina Child Care License Videos from North State Law
Daycare Licenses and Child Care Worker Complaints
North Carolina Child Maltreatment Registry Information
Appeal of Suspension or Decision on Childcare License
NC Daycare License: Proposed Notice of Administrative Action
NC Daycare License: The Written Response Option
NC Daycare License: Informal Hearing Option
NC Daycare License: Notice of Administrative Action
NC Daycare License: Petition for Contested Hearing
North Carolina Child Care License Information from the North State Law Blog
Additional North Carolina Child Care License Resources:
NC Division of Child Development and Early Education Information
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