Professional License Lawyer in North Carolina

Top 3 Most Likely Daycare Revocation Violations: #1 Child Abuse/Neglect

Top 3 Most Likely Daycare Revocation Violations: #1 Child Abuse/Neglect

Today marks blog #1 in our three-part series on the top three daycare/childcare license violations that can lead to the revocation of the facility or childcare home license. That’s a lot. The third violation revolves around maintaining appropriate staff-to-child ratios. The second involves a lack of supervision, and one, which is the highest likelihood of leading to a revocation, is unfortunately child abuse/child neglect.
In the event that a staff member commits a crime against a child, leading to abuse or neglect, obviously, they need to be terminated on the spot. They need to be reported to authorities, and that includes the Division of Child Development and Early Education (DCDEE), which is required to be reported to DCDEE. You can also report to the police. You need to notify the parents, need to fill out an incident form report, and you also need to make sure that you have a floater that would come in and take over for that dismissed member so you don’t fall below the staff-to-child ratio.
It’s one of those situations where you’re required to report this to DCDEE. Sometimes in their mind, that’s not good enough, which is difficult because you’re complying with the requirement to report. You’ve done everything you’re supposed to do. You had the proper background check for this employee. You’ve got an update letter. You’ve had that for seven years, which is now for the compliance requirement for the background checks. So you’ve got all this stuff. Maybe that person has worked for you for three years, never a problem before, and then something happens, and there’s child abuse. It’s not an ideal place for anybody to be in, and it’s a very serious thing to sit there and have to discuss. But unfortunately, this does happen. Thankfully, it does not happen very often. This is a rarity. So this is likely not going to apply thankfully to most childcare facility or childcare home owners.
But if it does happen, that person needs to be terminated and removed from the facility right away. It’s got to be reported. The police most likely should be called to address the matter with that particular employee as well. And then to make sure that you don’t go understaffed to child ratio, a floater or somebody that’s qualified and is eligible to work in your facility as a staff member needs to take over for that staff member that’s being dismissed. So that’s the most likely one that can end up in a revocation that most likely will end up with some sort of Notice of Administrative Action for revocation.
Now, at the end of the day, those can be resolved. Just because there’s a Notice of Administrative Action for revocation doesn’t necessarily mean that that’s the end of the road. There are other options, including a hearing. The thing to remember is you’re going to get a proposed Notice of Administrative Action. That just means that you can expect the Notice of Administrative Action, and it’s likely that they’re not going to deviate from what they proposed. Sometimes they will, but particularly to something as serious as this, the likelihood of them, that being the Division of Child Development and Early Education, deviating from what their proposal is. And that being revocation is pretty low. But you can be prepared for it. You can have an attorney or yourself have a petition ready to go to file with the Office of Administrative Hearings. And if you have an attorney do it, you can get it filed right away. You can file the same day so you’re not skipping a beat. Now, you still have to have everything posted at your facility per DCDEE’s instructions, but it’s a way to keep you open and keep it going and explore all options that you would have available to you at that point.

*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.