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Home › NC › Banner Elk › Banner ELK Pre-Kindergarten
155 Orchard Lane, Banner Elk NC 28604 · License #06000076 · Center · Child Care Center
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10A NCAC 09 .0304 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/11/2026 Number Present: 10 Completed Date: 5/11/2026 Age: From 4 To 5 Total Minutes: 140 Time In: 10:25 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead Teacher during the visit. A signed copy of the visit summary was left on-site with you. Upon arrival, I checked in at the front office. I walked down to the classroom and was greeted by Kayla Hayes, Lead Teacher. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator, were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 12/4/2025. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The last fire drill was practiced on 4/13/2026. The next drill is due by 5/29/2026. The last emergency drill, lockdown, was practiced on 3/25/2026. The next drill is due by 8/30/2026. The last fire inspection was approved on 8/27/2025. The program’s most recent sanitation inspection was completed on 3/24/2026 with two (2) demerits for a superior classification. The facility currently has no medication on-site. Transportation is provided and maintained by Avery County Schools. Upon arrival, the group of four- to five-year-olds were engaged in free play. After free play, the group cleaned up and prepared to transition to the restroom. Staff counted the children prior to leaving the classroom. Once arriving at the restrooms, the children used the restroom, and children and staff washed hands prior to going to lunch. Staff counted the children prior to transitioning to the cafeteria. The group arrived in the cafeteria at 10:45a, those who brought lunchboxes put their boxes on the table and transitioned to go through the lunch line. Lunch today was orange chicken, rice, carrots, peas, pears, and milk. After lunch the children returned to the restroom to prepare to go outside. Staff counted the children prior to transitioning to the classroom. At 11:25a, the group arrived in the classroom to put their lunchboxes away and put on coats. Staff counted the children prior to transitioning outdoors. Then the group transitioned outdoors for gross motor play. Outside, the group engaged in gross motor play. The staff were actively supervising the children. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. Outdoor area was monitored and met requirements. We discussed pulling mulch build up from underneath the slides to end of the slide where the children exit as it is starting to get low. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violation of child care requirements was observed today: Violation Number Comment Rule 104 Center has not passed required sanitation inspection and received an approved or superior rating. Sanitation inspection was not completed annually. The current inspection was completed on 3/24/2026 and the inspection prior to was completed 2/6/2025. 10A NCAC 09 .0304(b) 428 A current activity plan was not posted for each group of children for reference. The current activity plan for this week was not posted. The activity plan posted was dated 5/4/26-5/8/26. GS 110-91(12); .0508(a) Technical Assistance for Correction Plan: Item 104- Sanitation inspection was not completed annually. The current inspection was completed on 3/24/2026 and the inspection prior to was completed 2/6/2025. We discussed that you cannot go back to correct the violation, but moving forward you will need to reach out to Environmental Health prior to the due date to ensure that you are on their schedule. Rule Reference: 10A NCAC 09 .0304(b) Item 428- The current activity plan for this week was not posted. The activity plan posted was dated 5/4/26-5/8/26. We discussed completing activity plans the week prior to implementation. Then print and posting them prior to leaving on Friday to ensure the activity plan is posted on Monday. Rule Reference: G.S. 110-91(12);.0508(a) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/25/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: -During the visit, we discussed that the new superintendent has been named, and an updated application will be needed to document the change. -We followed up on the status of applying for rated license. The staff stated that they were not ready at this time and plan to apply for rated license by 9/30/2026. I stated that I will follow up with them when they return to school in August. **Reminders** -Staff member KZ criminal background check qualifying letter will expire on 5/13/2026. Staff member will need to ensure that the qualifying letter is renewed prior to the expiration date. -Staff member DT health and safety trainings will expire 1/20/2027. I recommend starting to work on those trainings now to ensure trainings are completed on time. -Prior to conducting science experiments, I recommend reaching out to Environmental Health to ensure all sanitation requirements are met. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. -Continue to review the ABCMS portal to ensure the roster is current. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Generated from this facility's specific inspection record
Data synced from North Carolina's child care licensing agency on Jul 9, 2026 · Report an error
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .1102 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/11/2026 Number Present: 10 Completed Date: 5/11/2026 Age: From 4 To 5 Total Minutes: 140 Time In: 10:25 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead Teacher during the visit. A signed copy of the visit summary was left on-site with you. Upon arrival, I checked in at the front office. I walked down to the classroom and was greeted by Kayla Hayes, Lead Teacher. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator, were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 12/4/2025. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The last fire drill was practiced on 4/13/2026. The next drill is due by 5/29/2026. The last emergency drill, lockdown, was practiced on 3/25/2026. The next drill is due by 8/30/2026. The last fire inspection was approved on 8/27/2025. The program’s most recent sanitation inspection was completed on 3/24/2026 with two (2) demerits for a superior classification. The facility currently has no medication on-site. Transportation is provided and maintained by Avery County Schools. Upon arrival, the group of four- to five-year-olds were engaged in free play. After free play, the group cleaned up and prepared to transition to the restroom. Staff counted the children prior to leaving the classroom. Once arriving at the restrooms, the children used the restroom, and children and staff washed hands prior to going to lunch. Staff counted the children prior to transitioning to the cafeteria. The group arrived in the cafeteria at 10:45a, those who brought lunchboxes put their boxes on the table and transitioned to go through the lunch line. Lunch today was orange chicken, rice, carrots, peas, pears, and milk. After lunch the children returned to the restroom to prepare to go outside. Staff counted the children prior to transitioning to the classroom. At 11:25a, the group arrived in the classroom to put their lunchboxes away and put on coats. Staff counted the children prior to transitioning outdoors. Then the group transitioned outdoors for gross motor play. Outside, the group engaged in gross motor play. The staff were actively supervising the children. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. Outdoor area was monitored and met requirements. We discussed pulling mulch build up from underneath the slides to end of the slide where the children exit as it is starting to get low. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violation of child care requirements was observed today: Violation Number Comment Rule 104 Center has not passed required sanitation inspection and received an approved or superior rating. Sanitation inspection was not completed annually. The current inspection was completed on 3/24/2026 and the inspection prior to was completed 2/6/2025. 10A NCAC 09 .0304(b) 428 A current activity plan was not posted for each group of children for reference. The current activity plan for this week was not posted. The activity plan posted was dated 5/4/26-5/8/26. GS 110-91(12); .0508(a) Technical Assistance for Correction Plan: Item 104- Sanitation inspection was not completed annually. The current inspection was completed on 3/24/2026 and the inspection prior to was completed 2/6/2025. We discussed that you cannot go back to correct the violation, but moving forward you will need to reach out to Environmental Health prior to the due date to ensure that you are on their schedule. Rule Reference: 10A NCAC 09 .0304(b) Item 428- The current activity plan for this week was not posted. The activity plan posted was dated 5/4/26-5/8/26. We discussed completing activity plans the week prior to implementation. Then print and posting them prior to leaving on Friday to ensure the activity plan is posted on Monday. Rule Reference: G.S. 110-91(12);.0508(a) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/25/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: -During the visit, we discussed that the new superintendent has been named, and an updated application will be needed to document the change. -We followed up on the status of applying for rated license. The staff stated that they were not ready at this time and plan to apply for rated license by 9/30/2026. I stated that I will follow up with them when they return to school in August. **Reminders** -Staff member KZ criminal background check qualifying letter will expire on 5/13/2026. Staff member will need to ensure that the qualifying letter is renewed prior to the expiration date. -Staff member DT health and safety trainings will expire 1/20/2027. I recommend starting to work on those trainings now to ensure trainings are completed on time. -Prior to conducting science experiments, I recommend reaching out to Environmental Health to ensure all sanitation requirements are met. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. -Continue to review the ABCMS portal to ensure the roster is current. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .1703 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/11/2026 Number Present: 10 Completed Date: 5/11/2026 Age: From 4 To 5 Total Minutes: 140 Time In: 10:25 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead Teacher during the visit. A signed copy of the visit summary was left on-site with you. Upon arrival, I checked in at the front office. I walked down to the classroom and was greeted by Kayla Hayes, Lead Teacher. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator, were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 12/4/2025. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The last fire drill was practiced on 4/13/2026. The next drill is due by 5/29/2026. The last emergency drill, lockdown, was practiced on 3/25/2026. The next drill is due by 8/30/2026. The last fire inspection was approved on 8/27/2025. The program’s most recent sanitation inspection was completed on 3/24/2026 with two (2) demerits for a superior classification. The facility currently has no medication on-site. Transportation is provided and maintained by Avery County Schools. Upon arrival, the group of four- to five-year-olds were engaged in free play. After free play, the group cleaned up and prepared to transition to the restroom. Staff counted the children prior to leaving the classroom. Once arriving at the restrooms, the children used the restroom, and children and staff washed hands prior to going to lunch. Staff counted the children prior to transitioning to the cafeteria. The group arrived in the cafeteria at 10:45a, those who brought lunchboxes put their boxes on the table and transitioned to go through the lunch line. Lunch today was orange chicken, rice, carrots, peas, pears, and milk. After lunch the children returned to the restroom to prepare to go outside. Staff counted the children prior to transitioning to the classroom. At 11:25a, the group arrived in the classroom to put their lunchboxes away and put on coats. Staff counted the children prior to transitioning outdoors. Then the group transitioned outdoors for gross motor play. Outside, the group engaged in gross motor play. The staff were actively supervising the children. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. Outdoor area was monitored and met requirements. We discussed pulling mulch build up from underneath the slides to end of the slide where the children exit as it is starting to get low. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violation of child care requirements was observed today: Violation Number Comment Rule 104 Center has not passed required sanitation inspection and received an approved or superior rating. Sanitation inspection was not completed annually. The current inspection was completed on 3/24/2026 and the inspection prior to was completed 2/6/2025. 10A NCAC 09 .0304(b) 428 A current activity plan was not posted for each group of children for reference. The current activity plan for this week was not posted. The activity plan posted was dated 5/4/26-5/8/26. GS 110-91(12); .0508(a) Technical Assistance for Correction Plan: Item 104- Sanitation inspection was not completed annually. The current inspection was completed on 3/24/2026 and the inspection prior to was completed 2/6/2025. We discussed that you cannot go back to correct the violation, but moving forward you will need to reach out to Environmental Health prior to the due date to ensure that you are on their schedule. Rule Reference: 10A NCAC 09 .0304(b) Item 428- The current activity plan for this week was not posted. The activity plan posted was dated 5/4/26-5/8/26. We discussed completing activity plans the week prior to implementation. Then print and posting them prior to leaving on Friday to ensure the activity plan is posted on Monday. Rule Reference: G.S. 110-91(12);.0508(a) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/25/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: -During the visit, we discussed that the new superintendent has been named, and an updated application will be needed to document the change. -We followed up on the status of applying for rated license. The staff stated that they were not ready at this time and plan to apply for rated license by 9/30/2026. I stated that I will follow up with them when they return to school in August. **Reminders** -Staff member KZ criminal background check qualifying letter will expire on 5/13/2026. Staff member will need to ensure that the qualifying letter is renewed prior to the expiration date. -Staff member DT health and safety trainings will expire 1/20/2027. I recommend starting to work on those trainings now to ensure trainings are completed on time. -Prior to conducting science experiments, I recommend reaching out to Environmental Health to ensure all sanitation requirements are met. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. -Continue to review the ABCMS portal to ensure the roster is current. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .2830 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/11/2026 Number Present: 10 Completed Date: 5/11/2026 Age: From 4 To 5 Total Minutes: 140 Time In: 10:25 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead Teacher during the visit. A signed copy of the visit summary was left on-site with you. Upon arrival, I checked in at the front office. I walked down to the classroom and was greeted by Kayla Hayes, Lead Teacher. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator, were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 12/4/2025. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The last fire drill was practiced on 4/13/2026. The next drill is due by 5/29/2026. The last emergency drill, lockdown, was practiced on 3/25/2026. The next drill is due by 8/30/2026. The last fire inspection was approved on 8/27/2025. The program’s most recent sanitation inspection was completed on 3/24/2026 with two (2) demerits for a superior classification. The facility currently has no medication on-site. Transportation is provided and maintained by Avery County Schools. Upon arrival, the group of four- to five-year-olds were engaged in free play. After free play, the group cleaned up and prepared to transition to the restroom. Staff counted the children prior to leaving the classroom. Once arriving at the restrooms, the children used the restroom, and children and staff washed hands prior to going to lunch. Staff counted the children prior to transitioning to the cafeteria. The group arrived in the cafeteria at 10:45a, those who brought lunchboxes put their boxes on the table and transitioned to go through the lunch line. Lunch today was orange chicken, rice, carrots, peas, pears, and milk. After lunch the children returned to the restroom to prepare to go outside. Staff counted the children prior to transitioning to the classroom. At 11:25a, the group arrived in the classroom to put their lunchboxes away and put on coats. Staff counted the children prior to transitioning outdoors. Then the group transitioned outdoors for gross motor play. Outside, the group engaged in gross motor play. The staff were actively supervising the children. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. Outdoor area was monitored and met requirements. We discussed pulling mulch build up from underneath the slides to end of the slide where the children exit as it is starting to get low. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violation of child care requirements was observed today: Violation Number Comment Rule 104 Center has not passed required sanitation inspection and received an approved or superior rating. Sanitation inspection was not completed annually. The current inspection was completed on 3/24/2026 and the inspection prior to was completed 2/6/2025. 10A NCAC 09 .0304(b) 428 A current activity plan was not posted for each group of children for reference. The current activity plan for this week was not posted. The activity plan posted was dated 5/4/26-5/8/26. GS 110-91(12); .0508(a) Technical Assistance for Correction Plan: Item 104- Sanitation inspection was not completed annually. The current inspection was completed on 3/24/2026 and the inspection prior to was completed 2/6/2025. We discussed that you cannot go back to correct the violation, but moving forward you will need to reach out to Environmental Health prior to the due date to ensure that you are on their schedule. Rule Reference: 10A NCAC 09 .0304(b) Item 428- The current activity plan for this week was not posted. The activity plan posted was dated 5/4/26-5/8/26. We discussed completing activity plans the week prior to implementation. Then print and posting them prior to leaving on Friday to ensure the activity plan is posted on Monday. Rule Reference: G.S. 110-91(12);.0508(a) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/25/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: -During the visit, we discussed that the new superintendent has been named, and an updated application will be needed to document the change. -We followed up on the status of applying for rated license. The staff stated that they were not ready at this time and plan to apply for rated license by 9/30/2026. I stated that I will follow up with them when they return to school in August. **Reminders** -Staff member KZ criminal background check qualifying letter will expire on 5/13/2026. Staff member will need to ensure that the qualifying letter is renewed prior to the expiration date. -Staff member DT health and safety trainings will expire 1/20/2027. I recommend starting to work on those trainings now to ensure trainings are completed on time. -Prior to conducting science experiments, I recommend reaching out to Environmental Health to ensure all sanitation requirements are met. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. -Continue to review the ABCMS portal to ensure the roster is current. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
G.S. 110-90 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/11/2026 Number Present: 10 Completed Date: 5/11/2026 Age: From 4 To 5 Total Minutes: 140 Time In: 10:25 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead Teacher during the visit. A signed copy of the visit summary was left on-site with you. Upon arrival, I checked in at the front office. I walked down to the classroom and was greeted by Kayla Hayes, Lead Teacher. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator, were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 12/4/2025. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The last fire drill was practiced on 4/13/2026. The next drill is due by 5/29/2026. The last emergency drill, lockdown, was practiced on 3/25/2026. The next drill is due by 8/30/2026. The last fire inspection was approved on 8/27/2025. The program’s most recent sanitation inspection was completed on 3/24/2026 with two (2) demerits for a superior classification. The facility currently has no medication on-site. Transportation is provided and maintained by Avery County Schools. Upon arrival, the group of four- to five-year-olds were engaged in free play. After free play, the group cleaned up and prepared to transition to the restroom. Staff counted the children prior to leaving the classroom. Once arriving at the restrooms, the children used the restroom, and children and staff washed hands prior to going to lunch. Staff counted the children prior to transitioning to the cafeteria. The group arrived in the cafeteria at 10:45a, those who brought lunchboxes put their boxes on the table and transitioned to go through the lunch line. Lunch today was orange chicken, rice, carrots, peas, pears, and milk. After lunch the children returned to the restroom to prepare to go outside. Staff counted the children prior to transitioning to the classroom. At 11:25a, the group arrived in the classroom to put their lunchboxes away and put on coats. Staff counted the children prior to transitioning outdoors. Then the group transitioned outdoors for gross motor play. Outside, the group engaged in gross motor play. The staff were actively supervising the children. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. Outdoor area was monitored and met requirements. We discussed pulling mulch build up from underneath the slides to end of the slide where the children exit as it is starting to get low. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violation of child care requirements was observed today: Violation Number Comment Rule 104 Center has not passed required sanitation inspection and received an approved or superior rating. Sanitation inspection was not completed annually. The current inspection was completed on 3/24/2026 and the inspection prior to was completed 2/6/2025. 10A NCAC 09 .0304(b) 428 A current activity plan was not posted for each group of children for reference. The current activity plan for this week was not posted. The activity plan posted was dated 5/4/26-5/8/26. GS 110-91(12); .0508(a) Technical Assistance for Correction Plan: Item 104- Sanitation inspection was not completed annually. The current inspection was completed on 3/24/2026 and the inspection prior to was completed 2/6/2025. We discussed that you cannot go back to correct the violation, but moving forward you will need to reach out to Environmental Health prior to the due date to ensure that you are on their schedule. Rule Reference: 10A NCAC 09 .0304(b) Item 428- The current activity plan for this week was not posted. The activity plan posted was dated 5/4/26-5/8/26. We discussed completing activity plans the week prior to implementation. Then print and posting them prior to leaving on Friday to ensure the activity plan is posted on Monday. Rule Reference: G.S. 110-91(12);.0508(a) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/25/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: -During the visit, we discussed that the new superintendent has been named, and an updated application will be needed to document the change. -We followed up on the status of applying for rated license. The staff stated that they were not ready at this time and plan to apply for rated license by 9/30/2026. I stated that I will follow up with them when they return to school in August. **Reminders** -Staff member KZ criminal background check qualifying letter will expire on 5/13/2026. Staff member will need to ensure that the qualifying letter is renewed prior to the expiration date. -Staff member DT health and safety trainings will expire 1/20/2027. I recommend starting to work on those trainings now to ensure trainings are completed on time. -Prior to conducting science experiments, I recommend reaching out to Environmental Health to ensure all sanitation requirements are met. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. -Continue to review the ABCMS portal to ensure the roster is current. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
G.S. 110-91 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/11/2026 Number Present: 10 Completed Date: 5/11/2026 Age: From 4 To 5 Total Minutes: 140 Time In: 10:25 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead Teacher during the visit. A signed copy of the visit summary was left on-site with you. Upon arrival, I checked in at the front office. I walked down to the classroom and was greeted by Kayla Hayes, Lead Teacher. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator, were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 12/4/2025. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The last fire drill was practiced on 4/13/2026. The next drill is due by 5/29/2026. The last emergency drill, lockdown, was practiced on 3/25/2026. The next drill is due by 8/30/2026. The last fire inspection was approved on 8/27/2025. The program’s most recent sanitation inspection was completed on 3/24/2026 with two (2) demerits for a superior classification. The facility currently has no medication on-site. Transportation is provided and maintained by Avery County Schools. Upon arrival, the group of four- to five-year-olds were engaged in free play. After free play, the group cleaned up and prepared to transition to the restroom. Staff counted the children prior to leaving the classroom. Once arriving at the restrooms, the children used the restroom, and children and staff washed hands prior to going to lunch. Staff counted the children prior to transitioning to the cafeteria. The group arrived in the cafeteria at 10:45a, those who brought lunchboxes put their boxes on the table and transitioned to go through the lunch line. Lunch today was orange chicken, rice, carrots, peas, pears, and milk. After lunch the children returned to the restroom to prepare to go outside. Staff counted the children prior to transitioning to the classroom. At 11:25a, the group arrived in the classroom to put their lunchboxes away and put on coats. Staff counted the children prior to transitioning outdoors. Then the group transitioned outdoors for gross motor play. Outside, the group engaged in gross motor play. The staff were actively supervising the children. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. Outdoor area was monitored and met requirements. We discussed pulling mulch build up from underneath the slides to end of the slide where the children exit as it is starting to get low. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violation of child care requirements was observed today: Violation Number Comment Rule 104 Center has not passed required sanitation inspection and received an approved or superior rating. Sanitation inspection was not completed annually. The current inspection was completed on 3/24/2026 and the inspection prior to was completed 2/6/2025. 10A NCAC 09 .0304(b) 428 A current activity plan was not posted for each group of children for reference. The current activity plan for this week was not posted. The activity plan posted was dated 5/4/26-5/8/26. GS 110-91(12); .0508(a) Technical Assistance for Correction Plan: Item 104- Sanitation inspection was not completed annually. The current inspection was completed on 3/24/2026 and the inspection prior to was completed 2/6/2025. We discussed that you cannot go back to correct the violation, but moving forward you will need to reach out to Environmental Health prior to the due date to ensure that you are on their schedule. Rule Reference: 10A NCAC 09 .0304(b) Item 428- The current activity plan for this week was not posted. The activity plan posted was dated 5/4/26-5/8/26. We discussed completing activity plans the week prior to implementation. Then print and posting them prior to leaving on Friday to ensure the activity plan is posted on Monday. Rule Reference: G.S. 110-91(12);.0508(a) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/25/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: -During the visit, we discussed that the new superintendent has been named, and an updated application will be needed to document the change. -We followed up on the status of applying for rated license. The staff stated that they were not ready at this time and plan to apply for rated license by 9/30/2026. I stated that I will follow up with them when they return to school in August. **Reminders** -Staff member KZ criminal background check qualifying letter will expire on 5/13/2026. Staff member will need to ensure that the qualifying letter is renewed prior to the expiration date. -Staff member DT health and safety trainings will expire 1/20/2027. I recommend starting to work on those trainings now to ensure trainings are completed on time. -Prior to conducting science experiments, I recommend reaching out to Environmental Health to ensure all sanitation requirements are met. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. -Continue to review the ABCMS portal to ensure the roster is current. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
GS 110-91 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/11/2026 Number Present: 10 Completed Date: 5/11/2026 Age: From 4 To 5 Total Minutes: 140 Time In: 10:25 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead Teacher during the visit. A signed copy of the visit summary was left on-site with you. Upon arrival, I checked in at the front office. I walked down to the classroom and was greeted by Kayla Hayes, Lead Teacher. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator, were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 12/4/2025. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The last fire drill was practiced on 4/13/2026. The next drill is due by 5/29/2026. The last emergency drill, lockdown, was practiced on 3/25/2026. The next drill is due by 8/30/2026. The last fire inspection was approved on 8/27/2025. The program’s most recent sanitation inspection was completed on 3/24/2026 with two (2) demerits for a superior classification. The facility currently has no medication on-site. Transportation is provided and maintained by Avery County Schools. Upon arrival, the group of four- to five-year-olds were engaged in free play. After free play, the group cleaned up and prepared to transition to the restroom. Staff counted the children prior to leaving the classroom. Once arriving at the restrooms, the children used the restroom, and children and staff washed hands prior to going to lunch. Staff counted the children prior to transitioning to the cafeteria. The group arrived in the cafeteria at 10:45a, those who brought lunchboxes put their boxes on the table and transitioned to go through the lunch line. Lunch today was orange chicken, rice, carrots, peas, pears, and milk. After lunch the children returned to the restroom to prepare to go outside. Staff counted the children prior to transitioning to the classroom. At 11:25a, the group arrived in the classroom to put their lunchboxes away and put on coats. Staff counted the children prior to transitioning outdoors. Then the group transitioned outdoors for gross motor play. Outside, the group engaged in gross motor play. The staff were actively supervising the children. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. Outdoor area was monitored and met requirements. We discussed pulling mulch build up from underneath the slides to end of the slide where the children exit as it is starting to get low. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violation of child care requirements was observed today: Violation Number Comment Rule 104 Center has not passed required sanitation inspection and received an approved or superior rating. Sanitation inspection was not completed annually. The current inspection was completed on 3/24/2026 and the inspection prior to was completed 2/6/2025. 10A NCAC 09 .0304(b) 428 A current activity plan was not posted for each group of children for reference. The current activity plan for this week was not posted. The activity plan posted was dated 5/4/26-5/8/26. GS 110-91(12); .0508(a) Technical Assistance for Correction Plan: Item 104- Sanitation inspection was not completed annually. The current inspection was completed on 3/24/2026 and the inspection prior to was completed 2/6/2025. We discussed that you cannot go back to correct the violation, but moving forward you will need to reach out to Environmental Health prior to the due date to ensure that you are on their schedule. Rule Reference: 10A NCAC 09 .0304(b) Item 428- The current activity plan for this week was not posted. The activity plan posted was dated 5/4/26-5/8/26. We discussed completing activity plans the week prior to implementation. Then print and posting them prior to leaving on Friday to ensure the activity plan is posted on Monday. Rule Reference: G.S. 110-91(12);.0508(a) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/25/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: -During the visit, we discussed that the new superintendent has been named, and an updated application will be needed to document the change. -We followed up on the status of applying for rated license. The staff stated that they were not ready at this time and plan to apply for rated license by 9/30/2026. I stated that I will follow up with them when they return to school in August. **Reminders** -Staff member KZ criminal background check qualifying letter will expire on 5/13/2026. Staff member will need to ensure that the qualifying letter is renewed prior to the expiration date. -Staff member DT health and safety trainings will expire 1/20/2027. I recommend starting to work on those trainings now to ensure trainings are completed on time. -Prior to conducting science experiments, I recommend reaching out to Environmental Health to ensure all sanitation requirements are met. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. -Continue to review the ABCMS portal to ensure the roster is current. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
NC GS 110-90 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/11/2026 Number Present: 10 Completed Date: 5/11/2026 Age: From 4 To 5 Total Minutes: 140 Time In: 10:25 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead Teacher during the visit. A signed copy of the visit summary was left on-site with you. Upon arrival, I checked in at the front office. I walked down to the classroom and was greeted by Kayla Hayes, Lead Teacher. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator, were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 12/4/2025. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The last fire drill was practiced on 4/13/2026. The next drill is due by 5/29/2026. The last emergency drill, lockdown, was practiced on 3/25/2026. The next drill is due by 8/30/2026. The last fire inspection was approved on 8/27/2025. The program’s most recent sanitation inspection was completed on 3/24/2026 with two (2) demerits for a superior classification. The facility currently has no medication on-site. Transportation is provided and maintained by Avery County Schools. Upon arrival, the group of four- to five-year-olds were engaged in free play. After free play, the group cleaned up and prepared to transition to the restroom. Staff counted the children prior to leaving the classroom. Once arriving at the restrooms, the children used the restroom, and children and staff washed hands prior to going to lunch. Staff counted the children prior to transitioning to the cafeteria. The group arrived in the cafeteria at 10:45a, those who brought lunchboxes put their boxes on the table and transitioned to go through the lunch line. Lunch today was orange chicken, rice, carrots, peas, pears, and milk. After lunch the children returned to the restroom to prepare to go outside. Staff counted the children prior to transitioning to the classroom. At 11:25a, the group arrived in the classroom to put their lunchboxes away and put on coats. Staff counted the children prior to transitioning outdoors. Then the group transitioned outdoors for gross motor play. Outside, the group engaged in gross motor play. The staff were actively supervising the children. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. Outdoor area was monitored and met requirements. We discussed pulling mulch build up from underneath the slides to end of the slide where the children exit as it is starting to get low. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violation of child care requirements was observed today: Violation Number Comment Rule 104 Center has not passed required sanitation inspection and received an approved or superior rating. Sanitation inspection was not completed annually. The current inspection was completed on 3/24/2026 and the inspection prior to was completed 2/6/2025. 10A NCAC 09 .0304(b) 428 A current activity plan was not posted for each group of children for reference. The current activity plan for this week was not posted. The activity plan posted was dated 5/4/26-5/8/26. GS 110-91(12); .0508(a) Technical Assistance for Correction Plan: Item 104- Sanitation inspection was not completed annually. The current inspection was completed on 3/24/2026 and the inspection prior to was completed 2/6/2025. We discussed that you cannot go back to correct the violation, but moving forward you will need to reach out to Environmental Health prior to the due date to ensure that you are on their schedule. Rule Reference: 10A NCAC 09 .0304(b) Item 428- The current activity plan for this week was not posted. The activity plan posted was dated 5/4/26-5/8/26. We discussed completing activity plans the week prior to implementation. Then print and posting them prior to leaving on Friday to ensure the activity plan is posted on Monday. Rule Reference: G.S. 110-91(12);.0508(a) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/25/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: -During the visit, we discussed that the new superintendent has been named, and an updated application will be needed to document the change. -We followed up on the status of applying for rated license. The staff stated that they were not ready at this time and plan to apply for rated license by 9/30/2026. I stated that I will follow up with them when they return to school in August. **Reminders** -Staff member KZ criminal background check qualifying letter will expire on 5/13/2026. Staff member will need to ensure that the qualifying letter is renewed prior to the expiration date. -Staff member DT health and safety trainings will expire 1/20/2027. I recommend starting to work on those trainings now to ensure trainings are completed on time. -Prior to conducting science experiments, I recommend reaching out to Environmental Health to ensure all sanitation requirements are met. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. -Continue to review the ABCMS portal to ensure the roster is current. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0304 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 12/4/2025 Number Present: 10 Completed Date: 12/4/2025 Age: From 4 To 5 Total Minutes: 120 Time In: 10:00 AM Time Out: 12:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Kayla Haye, Lead Teacher, during the visit. A signed copy of the visit summary was left on-site with you. Kayla Hayes, Lead Teacher, and Justin Carver, Administrator was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nap, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-four percent (94%) as of 12/4/2025. The program is operated by Avery County Schools and is located in Banner Elk Elementary School. Permit type – Five (5) Star Rated License, issued 3/14/2023. Special Services/Restrictions – first shift, meets enhanced space, meeting reduced ratios. Approved for NC Pre-K The last annual compliance visit was conducted on 1/5/2025. The last fire drill was practiced on 11/17/2025. The last lockdown drill was practiced on 9/23/2025. The next drill is due by 12/19/2025. The last playground inspection was documented on 11/6/2025. The last fire inspection was approved on 8/27/205. The last sanitation inspection was conducted on 2/6/2025 with seven (7) demerits for a superior classification. Lead water testing was completed on 7/28/2025. Lead paint and asbestos testing is linked to Banner Elk Elementary School. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The program uses public school buses. The group of four- to five-year-old children were engaged in free play with Christmas tree art activity, playdough, blocks, and listening activity. At 10:47a transitioned to the restroom and cafeteria for lunch. Lunch today was pizza, carrots, beans, fruit cup, and milk. After lunch, the group transitioned to the restroom and back to the classroom to prepare for the play. At 11:55a, the group transitioned to the gym to practice for the play. Outdoor environment was monitored. The ground was frozen, and I was unable to monitor the mulch depth during the visit. The slide exit was dug out due to the children exiting the slide. We discussed raking mulch from the barrier to fill in the slide exit. During my next visit, the mulch depth will be monitored. While monitoring staff files I observed the staff member hired 7/20/2007 emergency information and health questionnaire was not updated annually. We discussed that the emergency information and health questionnaire is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Children’s files were monitored and met requirements. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was reviewed today. Two (2) children files were monitored today. The classroom operates from 7:25 a.m. to 2:25 p.m. QRIS modernization discussion: During today’s visit an overview of section .3200 of the child care rules was provided. Each of the following pathway options were discussed: Program Assessment Pathway, Classroom and Instructional Quality Pathway, and Accreditation and Head Start Pathway. Education requirements were also reviewed. Based on today’s discussion, the district/facility has chosen to pursue Pathway #2: Classroom and Instructional Quality Pathway. This decision is made with the understanding that the Environment Rating Scale (ECERS-3) will be conducted to fulfill the North Carolina Prekindergarten (NC Pre-K) program requirements. We reviewed Pathway #2 Classroom and Instructional Quality Pathway and requirements for five (5) star. We discussed the facility will need to train all relevant staff on ECERS-3, and review coaching and training options for administrators and lead teachers. The facility plans to apply for a rated license prior to or during the next six (6) month visit. Ms. Hayes requests ideally to have the environment rating scale conducted prior to the end of this school year. All facility license are to be reassessed by December 31, 2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 1034 All staff, including the director, did not have an annual health questionnaire on file following the initial medical statement. Staff member hired 7/20/2007 did not have an annual health questionnaire on file following the initial medical statement. .0701(a) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. Staff member hired 7/20/2007 the emergency information form was not updated as changes occur and at least annually. .0701(a) Technical assistance was provided as follows: Item 1034- Staff member hired 7/20/2007 did not have an annual health questionnaire on file following the initial medical statement. We discussed that the health questionnaire is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Rule Reference: 10A NCAC 09.0701(a) Item 1035- Staff member hired 7/20/2007 the emergency information form was not updated as changes occur and at least annually. We discussed that the emergency information is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Rule Reference: 10A NCAC 09.0701(a) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 12/18/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: -The ABCMS portal has listed one (1) currently employed staff member and two (2) qualified not employed staff members. The facility will need to continue to work on getting all currently employed staff members, including bus drivers listed under the current employee section of the portal. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .1102 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 12/4/2025 Number Present: 10 Completed Date: 12/4/2025 Age: From 4 To 5 Total Minutes: 120 Time In: 10:00 AM Time Out: 12:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Kayla Haye, Lead Teacher, during the visit. A signed copy of the visit summary was left on-site with you. Kayla Hayes, Lead Teacher, and Justin Carver, Administrator was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nap, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-four percent (94%) as of 12/4/2025. The program is operated by Avery County Schools and is located in Banner Elk Elementary School. Permit type – Five (5) Star Rated License, issued 3/14/2023. Special Services/Restrictions – first shift, meets enhanced space, meeting reduced ratios. Approved for NC Pre-K The last annual compliance visit was conducted on 1/5/2025. The last fire drill was practiced on 11/17/2025. The last lockdown drill was practiced on 9/23/2025. The next drill is due by 12/19/2025. The last playground inspection was documented on 11/6/2025. The last fire inspection was approved on 8/27/205. The last sanitation inspection was conducted on 2/6/2025 with seven (7) demerits for a superior classification. Lead water testing was completed on 7/28/2025. Lead paint and asbestos testing is linked to Banner Elk Elementary School. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The program uses public school buses. The group of four- to five-year-old children were engaged in free play with Christmas tree art activity, playdough, blocks, and listening activity. At 10:47a transitioned to the restroom and cafeteria for lunch. Lunch today was pizza, carrots, beans, fruit cup, and milk. After lunch, the group transitioned to the restroom and back to the classroom to prepare for the play. At 11:55a, the group transitioned to the gym to practice for the play. Outdoor environment was monitored. The ground was frozen, and I was unable to monitor the mulch depth during the visit. The slide exit was dug out due to the children exiting the slide. We discussed raking mulch from the barrier to fill in the slide exit. During my next visit, the mulch depth will be monitored. While monitoring staff files I observed the staff member hired 7/20/2007 emergency information and health questionnaire was not updated annually. We discussed that the emergency information and health questionnaire is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Children’s files were monitored and met requirements. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was reviewed today. Two (2) children files were monitored today. The classroom operates from 7:25 a.m. to 2:25 p.m. QRIS modernization discussion: During today’s visit an overview of section .3200 of the child care rules was provided. Each of the following pathway options were discussed: Program Assessment Pathway, Classroom and Instructional Quality Pathway, and Accreditation and Head Start Pathway. Education requirements were also reviewed. Based on today’s discussion, the district/facility has chosen to pursue Pathway #2: Classroom and Instructional Quality Pathway. This decision is made with the understanding that the Environment Rating Scale (ECERS-3) will be conducted to fulfill the North Carolina Prekindergarten (NC Pre-K) program requirements. We reviewed Pathway #2 Classroom and Instructional Quality Pathway and requirements for five (5) star. We discussed the facility will need to train all relevant staff on ECERS-3, and review coaching and training options for administrators and lead teachers. The facility plans to apply for a rated license prior to or during the next six (6) month visit. Ms. Hayes requests ideally to have the environment rating scale conducted prior to the end of this school year. All facility license are to be reassessed by December 31, 2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 1034 All staff, including the director, did not have an annual health questionnaire on file following the initial medical statement. Staff member hired 7/20/2007 did not have an annual health questionnaire on file following the initial medical statement. .0701(a) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. Staff member hired 7/20/2007 the emergency information form was not updated as changes occur and at least annually. .0701(a) Technical assistance was provided as follows: Item 1034- Staff member hired 7/20/2007 did not have an annual health questionnaire on file following the initial medical statement. We discussed that the health questionnaire is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Rule Reference: 10A NCAC 09.0701(a) Item 1035- Staff member hired 7/20/2007 the emergency information form was not updated as changes occur and at least annually. We discussed that the emergency information is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Rule Reference: 10A NCAC 09.0701(a) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 12/18/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: -The ABCMS portal has listed one (1) currently employed staff member and two (2) qualified not employed staff members. The facility will need to continue to work on getting all currently employed staff members, including bus drivers listed under the current employee section of the portal. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .1703 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 12/4/2025 Number Present: 10 Completed Date: 12/4/2025 Age: From 4 To 5 Total Minutes: 120 Time In: 10:00 AM Time Out: 12:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Kayla Haye, Lead Teacher, during the visit. A signed copy of the visit summary was left on-site with you. Kayla Hayes, Lead Teacher, and Justin Carver, Administrator was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nap, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-four percent (94%) as of 12/4/2025. The program is operated by Avery County Schools and is located in Banner Elk Elementary School. Permit type – Five (5) Star Rated License, issued 3/14/2023. Special Services/Restrictions – first shift, meets enhanced space, meeting reduced ratios. Approved for NC Pre-K The last annual compliance visit was conducted on 1/5/2025. The last fire drill was practiced on 11/17/2025. The last lockdown drill was practiced on 9/23/2025. The next drill is due by 12/19/2025. The last playground inspection was documented on 11/6/2025. The last fire inspection was approved on 8/27/205. The last sanitation inspection was conducted on 2/6/2025 with seven (7) demerits for a superior classification. Lead water testing was completed on 7/28/2025. Lead paint and asbestos testing is linked to Banner Elk Elementary School. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The program uses public school buses. The group of four- to five-year-old children were engaged in free play with Christmas tree art activity, playdough, blocks, and listening activity. At 10:47a transitioned to the restroom and cafeteria for lunch. Lunch today was pizza, carrots, beans, fruit cup, and milk. After lunch, the group transitioned to the restroom and back to the classroom to prepare for the play. At 11:55a, the group transitioned to the gym to practice for the play. Outdoor environment was monitored. The ground was frozen, and I was unable to monitor the mulch depth during the visit. The slide exit was dug out due to the children exiting the slide. We discussed raking mulch from the barrier to fill in the slide exit. During my next visit, the mulch depth will be monitored. While monitoring staff files I observed the staff member hired 7/20/2007 emergency information and health questionnaire was not updated annually. We discussed that the emergency information and health questionnaire is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Children’s files were monitored and met requirements. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was reviewed today. Two (2) children files were monitored today. The classroom operates from 7:25 a.m. to 2:25 p.m. QRIS modernization discussion: During today’s visit an overview of section .3200 of the child care rules was provided. Each of the following pathway options were discussed: Program Assessment Pathway, Classroom and Instructional Quality Pathway, and Accreditation and Head Start Pathway. Education requirements were also reviewed. Based on today’s discussion, the district/facility has chosen to pursue Pathway #2: Classroom and Instructional Quality Pathway. This decision is made with the understanding that the Environment Rating Scale (ECERS-3) will be conducted to fulfill the North Carolina Prekindergarten (NC Pre-K) program requirements. We reviewed Pathway #2 Classroom and Instructional Quality Pathway and requirements for five (5) star. We discussed the facility will need to train all relevant staff on ECERS-3, and review coaching and training options for administrators and lead teachers. The facility plans to apply for a rated license prior to or during the next six (6) month visit. Ms. Hayes requests ideally to have the environment rating scale conducted prior to the end of this school year. All facility license are to be reassessed by December 31, 2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 1034 All staff, including the director, did not have an annual health questionnaire on file following the initial medical statement. Staff member hired 7/20/2007 did not have an annual health questionnaire on file following the initial medical statement. .0701(a) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. Staff member hired 7/20/2007 the emergency information form was not updated as changes occur and at least annually. .0701(a) Technical assistance was provided as follows: Item 1034- Staff member hired 7/20/2007 did not have an annual health questionnaire on file following the initial medical statement. We discussed that the health questionnaire is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Rule Reference: 10A NCAC 09.0701(a) Item 1035- Staff member hired 7/20/2007 the emergency information form was not updated as changes occur and at least annually. We discussed that the emergency information is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Rule Reference: 10A NCAC 09.0701(a) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 12/18/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: -The ABCMS portal has listed one (1) currently employed staff member and two (2) qualified not employed staff members. The facility will need to continue to work on getting all currently employed staff members, including bus drivers listed under the current employee section of the portal. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .3222 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 12/4/2025 Number Present: 10 Completed Date: 12/4/2025 Age: From 4 To 5 Total Minutes: 120 Time In: 10:00 AM Time Out: 12:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Kayla Haye, Lead Teacher, during the visit. A signed copy of the visit summary was left on-site with you. Kayla Hayes, Lead Teacher, and Justin Carver, Administrator was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nap, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-four percent (94%) as of 12/4/2025. The program is operated by Avery County Schools and is located in Banner Elk Elementary School. Permit type – Five (5) Star Rated License, issued 3/14/2023. Special Services/Restrictions – first shift, meets enhanced space, meeting reduced ratios. Approved for NC Pre-K The last annual compliance visit was conducted on 1/5/2025. The last fire drill was practiced on 11/17/2025. The last lockdown drill was practiced on 9/23/2025. The next drill is due by 12/19/2025. The last playground inspection was documented on 11/6/2025. The last fire inspection was approved on 8/27/205. The last sanitation inspection was conducted on 2/6/2025 with seven (7) demerits for a superior classification. Lead water testing was completed on 7/28/2025. Lead paint and asbestos testing is linked to Banner Elk Elementary School. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The program uses public school buses. The group of four- to five-year-old children were engaged in free play with Christmas tree art activity, playdough, blocks, and listening activity. At 10:47a transitioned to the restroom and cafeteria for lunch. Lunch today was pizza, carrots, beans, fruit cup, and milk. After lunch, the group transitioned to the restroom and back to the classroom to prepare for the play. At 11:55a, the group transitioned to the gym to practice for the play. Outdoor environment was monitored. The ground was frozen, and I was unable to monitor the mulch depth during the visit. The slide exit was dug out due to the children exiting the slide. We discussed raking mulch from the barrier to fill in the slide exit. During my next visit, the mulch depth will be monitored. While monitoring staff files I observed the staff member hired 7/20/2007 emergency information and health questionnaire was not updated annually. We discussed that the emergency information and health questionnaire is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Children’s files were monitored and met requirements. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was reviewed today. Two (2) children files were monitored today. The classroom operates from 7:25 a.m. to 2:25 p.m. QRIS modernization discussion: During today’s visit an overview of section .3200 of the child care rules was provided. Each of the following pathway options were discussed: Program Assessment Pathway, Classroom and Instructional Quality Pathway, and Accreditation and Head Start Pathway. Education requirements were also reviewed. Based on today’s discussion, the district/facility has chosen to pursue Pathway #2: Classroom and Instructional Quality Pathway. This decision is made with the understanding that the Environment Rating Scale (ECERS-3) will be conducted to fulfill the North Carolina Prekindergarten (NC Pre-K) program requirements. We reviewed Pathway #2 Classroom and Instructional Quality Pathway and requirements for five (5) star. We discussed the facility will need to train all relevant staff on ECERS-3, and review coaching and training options for administrators and lead teachers. The facility plans to apply for a rated license prior to or during the next six (6) month visit. Ms. Hayes requests ideally to have the environment rating scale conducted prior to the end of this school year. All facility license are to be reassessed by December 31, 2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 1034 All staff, including the director, did not have an annual health questionnaire on file following the initial medical statement. Staff member hired 7/20/2007 did not have an annual health questionnaire on file following the initial medical statement. .0701(a) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. Staff member hired 7/20/2007 the emergency information form was not updated as changes occur and at least annually. .0701(a) Technical assistance was provided as follows: Item 1034- Staff member hired 7/20/2007 did not have an annual health questionnaire on file following the initial medical statement. We discussed that the health questionnaire is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Rule Reference: 10A NCAC 09.0701(a) Item 1035- Staff member hired 7/20/2007 the emergency information form was not updated as changes occur and at least annually. We discussed that the emergency information is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Rule Reference: 10A NCAC 09.0701(a) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 12/18/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: -The ABCMS portal has listed one (1) currently employed staff member and two (2) qualified not employed staff members. The facility will need to continue to work on getting all currently employed staff members, including bus drivers listed under the current employee section of the portal. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09.0701 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 12/4/2025 Number Present: 10 Completed Date: 12/4/2025 Age: From 4 To 5 Total Minutes: 120 Time In: 10:00 AM Time Out: 12:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Kayla Haye, Lead Teacher, during the visit. A signed copy of the visit summary was left on-site with you. Kayla Hayes, Lead Teacher, and Justin Carver, Administrator was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nap, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-four percent (94%) as of 12/4/2025. The program is operated by Avery County Schools and is located in Banner Elk Elementary School. Permit type – Five (5) Star Rated License, issued 3/14/2023. Special Services/Restrictions – first shift, meets enhanced space, meeting reduced ratios. Approved for NC Pre-K The last annual compliance visit was conducted on 1/5/2025. The last fire drill was practiced on 11/17/2025. The last lockdown drill was practiced on 9/23/2025. The next drill is due by 12/19/2025. The last playground inspection was documented on 11/6/2025. The last fire inspection was approved on 8/27/205. The last sanitation inspection was conducted on 2/6/2025 with seven (7) demerits for a superior classification. Lead water testing was completed on 7/28/2025. Lead paint and asbestos testing is linked to Banner Elk Elementary School. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The program uses public school buses. The group of four- to five-year-old children were engaged in free play with Christmas tree art activity, playdough, blocks, and listening activity. At 10:47a transitioned to the restroom and cafeteria for lunch. Lunch today was pizza, carrots, beans, fruit cup, and milk. After lunch, the group transitioned to the restroom and back to the classroom to prepare for the play. At 11:55a, the group transitioned to the gym to practice for the play. Outdoor environment was monitored. The ground was frozen, and I was unable to monitor the mulch depth during the visit. The slide exit was dug out due to the children exiting the slide. We discussed raking mulch from the barrier to fill in the slide exit. During my next visit, the mulch depth will be monitored. While monitoring staff files I observed the staff member hired 7/20/2007 emergency information and health questionnaire was not updated annually. We discussed that the emergency information and health questionnaire is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Children’s files were monitored and met requirements. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was reviewed today. Two (2) children files were monitored today. The classroom operates from 7:25 a.m. to 2:25 p.m. QRIS modernization discussion: During today’s visit an overview of section .3200 of the child care rules was provided. Each of the following pathway options were discussed: Program Assessment Pathway, Classroom and Instructional Quality Pathway, and Accreditation and Head Start Pathway. Education requirements were also reviewed. Based on today’s discussion, the district/facility has chosen to pursue Pathway #2: Classroom and Instructional Quality Pathway. This decision is made with the understanding that the Environment Rating Scale (ECERS-3) will be conducted to fulfill the North Carolina Prekindergarten (NC Pre-K) program requirements. We reviewed Pathway #2 Classroom and Instructional Quality Pathway and requirements for five (5) star. We discussed the facility will need to train all relevant staff on ECERS-3, and review coaching and training options for administrators and lead teachers. The facility plans to apply for a rated license prior to or during the next six (6) month visit. Ms. Hayes requests ideally to have the environment rating scale conducted prior to the end of this school year. All facility license are to be reassessed by December 31, 2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 1034 All staff, including the director, did not have an annual health questionnaire on file following the initial medical statement. Staff member hired 7/20/2007 did not have an annual health questionnaire on file following the initial medical statement. .0701(a) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. Staff member hired 7/20/2007 the emergency information form was not updated as changes occur and at least annually. .0701(a) Technical assistance was provided as follows: Item 1034- Staff member hired 7/20/2007 did not have an annual health questionnaire on file following the initial medical statement. We discussed that the health questionnaire is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Rule Reference: 10A NCAC 09.0701(a) Item 1035- Staff member hired 7/20/2007 the emergency information form was not updated as changes occur and at least annually. We discussed that the emergency information is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Rule Reference: 10A NCAC 09.0701(a) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 12/18/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: -The ABCMS portal has listed one (1) currently employed staff member and two (2) qualified not employed staff members. The facility will need to continue to work on getting all currently employed staff members, including bus drivers listed under the current employee section of the portal. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
G.S. 110-90 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 12/4/2025 Number Present: 10 Completed Date: 12/4/2025 Age: From 4 To 5 Total Minutes: 120 Time In: 10:00 AM Time Out: 12:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Kayla Haye, Lead Teacher, during the visit. A signed copy of the visit summary was left on-site with you. Kayla Hayes, Lead Teacher, and Justin Carver, Administrator was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nap, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-four percent (94%) as of 12/4/2025. The program is operated by Avery County Schools and is located in Banner Elk Elementary School. Permit type – Five (5) Star Rated License, issued 3/14/2023. Special Services/Restrictions – first shift, meets enhanced space, meeting reduced ratios. Approved for NC Pre-K The last annual compliance visit was conducted on 1/5/2025. The last fire drill was practiced on 11/17/2025. The last lockdown drill was practiced on 9/23/2025. The next drill is due by 12/19/2025. The last playground inspection was documented on 11/6/2025. The last fire inspection was approved on 8/27/205. The last sanitation inspection was conducted on 2/6/2025 with seven (7) demerits for a superior classification. Lead water testing was completed on 7/28/2025. Lead paint and asbestos testing is linked to Banner Elk Elementary School. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The program uses public school buses. The group of four- to five-year-old children were engaged in free play with Christmas tree art activity, playdough, blocks, and listening activity. At 10:47a transitioned to the restroom and cafeteria for lunch. Lunch today was pizza, carrots, beans, fruit cup, and milk. After lunch, the group transitioned to the restroom and back to the classroom to prepare for the play. At 11:55a, the group transitioned to the gym to practice for the play. Outdoor environment was monitored. The ground was frozen, and I was unable to monitor the mulch depth during the visit. The slide exit was dug out due to the children exiting the slide. We discussed raking mulch from the barrier to fill in the slide exit. During my next visit, the mulch depth will be monitored. While monitoring staff files I observed the staff member hired 7/20/2007 emergency information and health questionnaire was not updated annually. We discussed that the emergency information and health questionnaire is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Children’s files were monitored and met requirements. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was reviewed today. Two (2) children files were monitored today. The classroom operates from 7:25 a.m. to 2:25 p.m. QRIS modernization discussion: During today’s visit an overview of section .3200 of the child care rules was provided. Each of the following pathway options were discussed: Program Assessment Pathway, Classroom and Instructional Quality Pathway, and Accreditation and Head Start Pathway. Education requirements were also reviewed. Based on today’s discussion, the district/facility has chosen to pursue Pathway #2: Classroom and Instructional Quality Pathway. This decision is made with the understanding that the Environment Rating Scale (ECERS-3) will be conducted to fulfill the North Carolina Prekindergarten (NC Pre-K) program requirements. We reviewed Pathway #2 Classroom and Instructional Quality Pathway and requirements for five (5) star. We discussed the facility will need to train all relevant staff on ECERS-3, and review coaching and training options for administrators and lead teachers. The facility plans to apply for a rated license prior to or during the next six (6) month visit. Ms. Hayes requests ideally to have the environment rating scale conducted prior to the end of this school year. All facility license are to be reassessed by December 31, 2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 1034 All staff, including the director, did not have an annual health questionnaire on file following the initial medical statement. Staff member hired 7/20/2007 did not have an annual health questionnaire on file following the initial medical statement. .0701(a) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. Staff member hired 7/20/2007 the emergency information form was not updated as changes occur and at least annually. .0701(a) Technical assistance was provided as follows: Item 1034- Staff member hired 7/20/2007 did not have an annual health questionnaire on file following the initial medical statement. We discussed that the health questionnaire is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Rule Reference: 10A NCAC 09.0701(a) Item 1035- Staff member hired 7/20/2007 the emergency information form was not updated as changes occur and at least annually. We discussed that the emergency information is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Rule Reference: 10A NCAC 09.0701(a) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 12/18/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: -The ABCMS portal has listed one (1) currently employed staff member and two (2) qualified not employed staff members. The facility will need to continue to work on getting all currently employed staff members, including bus drivers listed under the current employee section of the portal. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
NC GS 110-90 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 12/4/2025 Number Present: 10 Completed Date: 12/4/2025 Age: From 4 To 5 Total Minutes: 120 Time In: 10:00 AM Time Out: 12:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Kayla Haye, Lead Teacher, during the visit. A signed copy of the visit summary was left on-site with you. Kayla Hayes, Lead Teacher, and Justin Carver, Administrator was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nap, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-four percent (94%) as of 12/4/2025. The program is operated by Avery County Schools and is located in Banner Elk Elementary School. Permit type – Five (5) Star Rated License, issued 3/14/2023. Special Services/Restrictions – first shift, meets enhanced space, meeting reduced ratios. Approved for NC Pre-K The last annual compliance visit was conducted on 1/5/2025. The last fire drill was practiced on 11/17/2025. The last lockdown drill was practiced on 9/23/2025. The next drill is due by 12/19/2025. The last playground inspection was documented on 11/6/2025. The last fire inspection was approved on 8/27/205. The last sanitation inspection was conducted on 2/6/2025 with seven (7) demerits for a superior classification. Lead water testing was completed on 7/28/2025. Lead paint and asbestos testing is linked to Banner Elk Elementary School. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The program uses public school buses. The group of four- to five-year-old children were engaged in free play with Christmas tree art activity, playdough, blocks, and listening activity. At 10:47a transitioned to the restroom and cafeteria for lunch. Lunch today was pizza, carrots, beans, fruit cup, and milk. After lunch, the group transitioned to the restroom and back to the classroom to prepare for the play. At 11:55a, the group transitioned to the gym to practice for the play. Outdoor environment was monitored. The ground was frozen, and I was unable to monitor the mulch depth during the visit. The slide exit was dug out due to the children exiting the slide. We discussed raking mulch from the barrier to fill in the slide exit. During my next visit, the mulch depth will be monitored. While monitoring staff files I observed the staff member hired 7/20/2007 emergency information and health questionnaire was not updated annually. We discussed that the emergency information and health questionnaire is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Children’s files were monitored and met requirements. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was reviewed today. Two (2) children files were monitored today. The classroom operates from 7:25 a.m. to 2:25 p.m. QRIS modernization discussion: During today’s visit an overview of section .3200 of the child care rules was provided. Each of the following pathway options were discussed: Program Assessment Pathway, Classroom and Instructional Quality Pathway, and Accreditation and Head Start Pathway. Education requirements were also reviewed. Based on today’s discussion, the district/facility has chosen to pursue Pathway #2: Classroom and Instructional Quality Pathway. This decision is made with the understanding that the Environment Rating Scale (ECERS-3) will be conducted to fulfill the North Carolina Prekindergarten (NC Pre-K) program requirements. We reviewed Pathway #2 Classroom and Instructional Quality Pathway and requirements for five (5) star. We discussed the facility will need to train all relevant staff on ECERS-3, and review coaching and training options for administrators and lead teachers. The facility plans to apply for a rated license prior to or during the next six (6) month visit. Ms. Hayes requests ideally to have the environment rating scale conducted prior to the end of this school year. All facility license are to be reassessed by December 31, 2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 1034 All staff, including the director, did not have an annual health questionnaire on file following the initial medical statement. Staff member hired 7/20/2007 did not have an annual health questionnaire on file following the initial medical statement. .0701(a) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. Staff member hired 7/20/2007 the emergency information form was not updated as changes occur and at least annually. .0701(a) Technical assistance was provided as follows: Item 1034- Staff member hired 7/20/2007 did not have an annual health questionnaire on file following the initial medical statement. We discussed that the health questionnaire is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Rule Reference: 10A NCAC 09.0701(a) Item 1035- Staff member hired 7/20/2007 the emergency information form was not updated as changes occur and at least annually. We discussed that the emergency information is to be reviewed and updated annually. I printed a copy of the blank forms for the administrator to complete and have on file for review. Rule Reference: 10A NCAC 09.0701(a) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 12/18/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: -The ABCMS portal has listed one (1) currently employed staff member and two (2) qualified not employed staff members. The facility will need to continue to work on getting all currently employed staff members, including bus drivers listed under the current employee section of the portal. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .0304 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/20/2025 Number Present: 18 Completed Date: 5/20/2025 Age: From 4 To 5 Total Minutes: 165 Time In: 10:00 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead Teacher during the visit. A signed copy of the visit summary was left on-site with you. Upon arrival, I checked in at the front office. I walked down to the classroom and was greeted by Kayla Hayes, Lead Teacher. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator, were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 12/13/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The last fire drill was practiced on 4/29/2025. The next drill is due by 5/29/2025. The last emergency drill, shelter in place drill, was practiced on 4/15/2025. The next drill will be due at the start of the school year. The first day of school is August 20, 2025 a drill will need to be practiced by August 30, 2025. The last fire inspection was approved on 9/12/2024. The program’s most recent sanitation inspection was completed on 2/5/2025 with seven (7) demerits for a superior classification. The facility currently has one (1) emergency medication on-site. The medication was monitored and meets all requirements. Transportation is provided and maintained by Avery County Schools. Upon arrival, the group of four- to five-year-olds were engaged in free play with light table, blocks, pizza parlor in dramatic play center, pattern bead, puzzles, and magnetic tiles. At 10:30a the group cleaned up centers and transitioned to group time on the carpet. After group time, the group lined up and prepared to transition to the restrooms and lunch. The staff and children washed their hands at the hallway restrooms prior to transitioning to the cafeteria. Lunch today consisted of riblet sandwich, corn, beans, mixed fruit, and milk. After lunch, the group transitioned to the gym for gross motor play. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. While following up with on-going hours and health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. When I asked if the staff member had completed, she stated she has not. We discussed that it would need to be completed. While monitoring outdoors, I observed the playground is currently under construction. The climbing structure being installed height from the ground to the platform measures four (4) feet seven (7) inches. The slide exits and fall zones measured six (6) feet. We discussed that the loose surfacing would need to extend six (6) feet beyond the external limits of the equipment. I do recommend extending the protective barrier to seven (7) feet around to allow for movement around the equipment. The initial mulch depth would need to measure twelve (12) inches to cover the equipment anchors. Loose surfacing for equipment critical height less than five (5) feet or less shall have at least six (6) inches of loose surfacing material. The manufacture’s instructions shall be on file for review a hardcopy or electronic file. The dome rock climber measured three (3) feet seven (7) inches. The current wood mulch surfacing was compacted and had rocks mixed in. We discussed that the rocks would need to be removed and the surfacing would need to tilled and new surfacing installed. We also discussed that the surfacing would need to extend six (6) feet beyond the external limits of the climbing dome. The facility is currently providing indoor gross motor play until the playground renovations are completed. The facilities last day of school is May 29, 2025. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violation of child care requirements was observed today: Violation Number Comment Rule 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. While following up on health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. .1103(b) Technical Assistance for Correction Plan: Item 1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. While following up on health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. When I asked if the staff member had completed, she stated she has not. We discussed that it would need to be completed. We discussed documenting renewal date for trainings on your calendar as a reminder to ensure that all trainings are completed within five (5) years of the previously completed training topic. Rule Reference: 10A NCAC 09.1103(b) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/3/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if you mail the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure the receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: During the visit, we discussed that the new superintendent has been named, and an updated application will be needed to document the change. Reminder -Staff member KH criminal background check qualifying letter is due to be renewed by 9/21/2025. I recommend going ahead and starting the background check process. -Health and Safety trainings are due for staff member KH 9/2025, and trainings are due for staff member DT by 8/26/2025. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .1102 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/20/2025 Number Present: 18 Completed Date: 5/20/2025 Age: From 4 To 5 Total Minutes: 165 Time In: 10:00 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead Teacher during the visit. A signed copy of the visit summary was left on-site with you. Upon arrival, I checked in at the front office. I walked down to the classroom and was greeted by Kayla Hayes, Lead Teacher. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator, were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 12/13/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The last fire drill was practiced on 4/29/2025. The next drill is due by 5/29/2025. The last emergency drill, shelter in place drill, was practiced on 4/15/2025. The next drill will be due at the start of the school year. The first day of school is August 20, 2025 a drill will need to be practiced by August 30, 2025. The last fire inspection was approved on 9/12/2024. The program’s most recent sanitation inspection was completed on 2/5/2025 with seven (7) demerits for a superior classification. The facility currently has one (1) emergency medication on-site. The medication was monitored and meets all requirements. Transportation is provided and maintained by Avery County Schools. Upon arrival, the group of four- to five-year-olds were engaged in free play with light table, blocks, pizza parlor in dramatic play center, pattern bead, puzzles, and magnetic tiles. At 10:30a the group cleaned up centers and transitioned to group time on the carpet. After group time, the group lined up and prepared to transition to the restrooms and lunch. The staff and children washed their hands at the hallway restrooms prior to transitioning to the cafeteria. Lunch today consisted of riblet sandwich, corn, beans, mixed fruit, and milk. After lunch, the group transitioned to the gym for gross motor play. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. While following up with on-going hours and health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. When I asked if the staff member had completed, she stated she has not. We discussed that it would need to be completed. While monitoring outdoors, I observed the playground is currently under construction. The climbing structure being installed height from the ground to the platform measures four (4) feet seven (7) inches. The slide exits and fall zones measured six (6) feet. We discussed that the loose surfacing would need to extend six (6) feet beyond the external limits of the equipment. I do recommend extending the protective barrier to seven (7) feet around to allow for movement around the equipment. The initial mulch depth would need to measure twelve (12) inches to cover the equipment anchors. Loose surfacing for equipment critical height less than five (5) feet or less shall have at least six (6) inches of loose surfacing material. The manufacture’s instructions shall be on file for review a hardcopy or electronic file. The dome rock climber measured three (3) feet seven (7) inches. The current wood mulch surfacing was compacted and had rocks mixed in. We discussed that the rocks would need to be removed and the surfacing would need to tilled and new surfacing installed. We also discussed that the surfacing would need to extend six (6) feet beyond the external limits of the climbing dome. The facility is currently providing indoor gross motor play until the playground renovations are completed. The facilities last day of school is May 29, 2025. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violation of child care requirements was observed today: Violation Number Comment Rule 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. While following up on health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. .1103(b) Technical Assistance for Correction Plan: Item 1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. While following up on health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. When I asked if the staff member had completed, she stated she has not. We discussed that it would need to be completed. We discussed documenting renewal date for trainings on your calendar as a reminder to ensure that all trainings are completed within five (5) years of the previously completed training topic. Rule Reference: 10A NCAC 09.1103(b) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/3/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if you mail the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure the receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: During the visit, we discussed that the new superintendent has been named, and an updated application will be needed to document the change. Reminder -Staff member KH criminal background check qualifying letter is due to be renewed by 9/21/2025. I recommend going ahead and starting the background check process. -Health and Safety trainings are due for staff member KH 9/2025, and trainings are due for staff member DT by 8/26/2025. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .1703 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/20/2025 Number Present: 18 Completed Date: 5/20/2025 Age: From 4 To 5 Total Minutes: 165 Time In: 10:00 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead Teacher during the visit. A signed copy of the visit summary was left on-site with you. Upon arrival, I checked in at the front office. I walked down to the classroom and was greeted by Kayla Hayes, Lead Teacher. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator, were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 12/13/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The last fire drill was practiced on 4/29/2025. The next drill is due by 5/29/2025. The last emergency drill, shelter in place drill, was practiced on 4/15/2025. The next drill will be due at the start of the school year. The first day of school is August 20, 2025 a drill will need to be practiced by August 30, 2025. The last fire inspection was approved on 9/12/2024. The program’s most recent sanitation inspection was completed on 2/5/2025 with seven (7) demerits for a superior classification. The facility currently has one (1) emergency medication on-site. The medication was monitored and meets all requirements. Transportation is provided and maintained by Avery County Schools. Upon arrival, the group of four- to five-year-olds were engaged in free play with light table, blocks, pizza parlor in dramatic play center, pattern bead, puzzles, and magnetic tiles. At 10:30a the group cleaned up centers and transitioned to group time on the carpet. After group time, the group lined up and prepared to transition to the restrooms and lunch. The staff and children washed their hands at the hallway restrooms prior to transitioning to the cafeteria. Lunch today consisted of riblet sandwich, corn, beans, mixed fruit, and milk. After lunch, the group transitioned to the gym for gross motor play. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. While following up with on-going hours and health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. When I asked if the staff member had completed, she stated she has not. We discussed that it would need to be completed. While monitoring outdoors, I observed the playground is currently under construction. The climbing structure being installed height from the ground to the platform measures four (4) feet seven (7) inches. The slide exits and fall zones measured six (6) feet. We discussed that the loose surfacing would need to extend six (6) feet beyond the external limits of the equipment. I do recommend extending the protective barrier to seven (7) feet around to allow for movement around the equipment. The initial mulch depth would need to measure twelve (12) inches to cover the equipment anchors. Loose surfacing for equipment critical height less than five (5) feet or less shall have at least six (6) inches of loose surfacing material. The manufacture’s instructions shall be on file for review a hardcopy or electronic file. The dome rock climber measured three (3) feet seven (7) inches. The current wood mulch surfacing was compacted and had rocks mixed in. We discussed that the rocks would need to be removed and the surfacing would need to tilled and new surfacing installed. We also discussed that the surfacing would need to extend six (6) feet beyond the external limits of the climbing dome. The facility is currently providing indoor gross motor play until the playground renovations are completed. The facilities last day of school is May 29, 2025. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violation of child care requirements was observed today: Violation Number Comment Rule 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. While following up on health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. .1103(b) Technical Assistance for Correction Plan: Item 1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. While following up on health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. When I asked if the staff member had completed, she stated she has not. We discussed that it would need to be completed. We discussed documenting renewal date for trainings on your calendar as a reminder to ensure that all trainings are completed within five (5) years of the previously completed training topic. Rule Reference: 10A NCAC 09.1103(b) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/3/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if you mail the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure the receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: During the visit, we discussed that the new superintendent has been named, and an updated application will be needed to document the change. Reminder -Staff member KH criminal background check qualifying letter is due to be renewed by 9/21/2025. I recommend going ahead and starting the background check process. -Health and Safety trainings are due for staff member KH 9/2025, and trainings are due for staff member DT by 8/26/2025. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .2830 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/20/2025 Number Present: 18 Completed Date: 5/20/2025 Age: From 4 To 5 Total Minutes: 165 Time In: 10:00 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead Teacher during the visit. A signed copy of the visit summary was left on-site with you. Upon arrival, I checked in at the front office. I walked down to the classroom and was greeted by Kayla Hayes, Lead Teacher. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator, were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 12/13/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The last fire drill was practiced on 4/29/2025. The next drill is due by 5/29/2025. The last emergency drill, shelter in place drill, was practiced on 4/15/2025. The next drill will be due at the start of the school year. The first day of school is August 20, 2025 a drill will need to be practiced by August 30, 2025. The last fire inspection was approved on 9/12/2024. The program’s most recent sanitation inspection was completed on 2/5/2025 with seven (7) demerits for a superior classification. The facility currently has one (1) emergency medication on-site. The medication was monitored and meets all requirements. Transportation is provided and maintained by Avery County Schools. Upon arrival, the group of four- to five-year-olds were engaged in free play with light table, blocks, pizza parlor in dramatic play center, pattern bead, puzzles, and magnetic tiles. At 10:30a the group cleaned up centers and transitioned to group time on the carpet. After group time, the group lined up and prepared to transition to the restrooms and lunch. The staff and children washed their hands at the hallway restrooms prior to transitioning to the cafeteria. Lunch today consisted of riblet sandwich, corn, beans, mixed fruit, and milk. After lunch, the group transitioned to the gym for gross motor play. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. While following up with on-going hours and health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. When I asked if the staff member had completed, she stated she has not. We discussed that it would need to be completed. While monitoring outdoors, I observed the playground is currently under construction. The climbing structure being installed height from the ground to the platform measures four (4) feet seven (7) inches. The slide exits and fall zones measured six (6) feet. We discussed that the loose surfacing would need to extend six (6) feet beyond the external limits of the equipment. I do recommend extending the protective barrier to seven (7) feet around to allow for movement around the equipment. The initial mulch depth would need to measure twelve (12) inches to cover the equipment anchors. Loose surfacing for equipment critical height less than five (5) feet or less shall have at least six (6) inches of loose surfacing material. The manufacture’s instructions shall be on file for review a hardcopy or electronic file. The dome rock climber measured three (3) feet seven (7) inches. The current wood mulch surfacing was compacted and had rocks mixed in. We discussed that the rocks would need to be removed and the surfacing would need to tilled and new surfacing installed. We also discussed that the surfacing would need to extend six (6) feet beyond the external limits of the climbing dome. The facility is currently providing indoor gross motor play until the playground renovations are completed. The facilities last day of school is May 29, 2025. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violation of child care requirements was observed today: Violation Number Comment Rule 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. While following up on health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. .1103(b) Technical Assistance for Correction Plan: Item 1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. While following up on health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. When I asked if the staff member had completed, she stated she has not. We discussed that it would need to be completed. We discussed documenting renewal date for trainings on your calendar as a reminder to ensure that all trainings are completed within five (5) years of the previously completed training topic. Rule Reference: 10A NCAC 09.1103(b) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/3/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if you mail the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure the receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: During the visit, we discussed that the new superintendent has been named, and an updated application will be needed to document the change. Reminder -Staff member KH criminal background check qualifying letter is due to be renewed by 9/21/2025. I recommend going ahead and starting the background check process. -Health and Safety trainings are due for staff member KH 9/2025, and trainings are due for staff member DT by 8/26/2025. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09.1103 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/20/2025 Number Present: 18 Completed Date: 5/20/2025 Age: From 4 To 5 Total Minutes: 165 Time In: 10:00 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead Teacher during the visit. A signed copy of the visit summary was left on-site with you. Upon arrival, I checked in at the front office. I walked down to the classroom and was greeted by Kayla Hayes, Lead Teacher. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator, were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 12/13/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The last fire drill was practiced on 4/29/2025. The next drill is due by 5/29/2025. The last emergency drill, shelter in place drill, was practiced on 4/15/2025. The next drill will be due at the start of the school year. The first day of school is August 20, 2025 a drill will need to be practiced by August 30, 2025. The last fire inspection was approved on 9/12/2024. The program’s most recent sanitation inspection was completed on 2/5/2025 with seven (7) demerits for a superior classification. The facility currently has one (1) emergency medication on-site. The medication was monitored and meets all requirements. Transportation is provided and maintained by Avery County Schools. Upon arrival, the group of four- to five-year-olds were engaged in free play with light table, blocks, pizza parlor in dramatic play center, pattern bead, puzzles, and magnetic tiles. At 10:30a the group cleaned up centers and transitioned to group time on the carpet. After group time, the group lined up and prepared to transition to the restrooms and lunch. The staff and children washed their hands at the hallway restrooms prior to transitioning to the cafeteria. Lunch today consisted of riblet sandwich, corn, beans, mixed fruit, and milk. After lunch, the group transitioned to the gym for gross motor play. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. While following up with on-going hours and health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. When I asked if the staff member had completed, she stated she has not. We discussed that it would need to be completed. While monitoring outdoors, I observed the playground is currently under construction. The climbing structure being installed height from the ground to the platform measures four (4) feet seven (7) inches. The slide exits and fall zones measured six (6) feet. We discussed that the loose surfacing would need to extend six (6) feet beyond the external limits of the equipment. I do recommend extending the protective barrier to seven (7) feet around to allow for movement around the equipment. The initial mulch depth would need to measure twelve (12) inches to cover the equipment anchors. Loose surfacing for equipment critical height less than five (5) feet or less shall have at least six (6) inches of loose surfacing material. The manufacture’s instructions shall be on file for review a hardcopy or electronic file. The dome rock climber measured three (3) feet seven (7) inches. The current wood mulch surfacing was compacted and had rocks mixed in. We discussed that the rocks would need to be removed and the surfacing would need to tilled and new surfacing installed. We also discussed that the surfacing would need to extend six (6) feet beyond the external limits of the climbing dome. The facility is currently providing indoor gross motor play until the playground renovations are completed. The facilities last day of school is May 29, 2025. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violation of child care requirements was observed today: Violation Number Comment Rule 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. While following up on health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. .1103(b) Technical Assistance for Correction Plan: Item 1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. While following up on health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. When I asked if the staff member had completed, she stated she has not. We discussed that it would need to be completed. We discussed documenting renewal date for trainings on your calendar as a reminder to ensure that all trainings are completed within five (5) years of the previously completed training topic. Rule Reference: 10A NCAC 09.1103(b) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/3/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if you mail the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure the receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: During the visit, we discussed that the new superintendent has been named, and an updated application will be needed to document the change. Reminder -Staff member KH criminal background check qualifying letter is due to be renewed by 9/21/2025. I recommend going ahead and starting the background check process. -Health and Safety trainings are due for staff member KH 9/2025, and trainings are due for staff member DT by 8/26/2025. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
G.S. 110-90 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/20/2025 Number Present: 18 Completed Date: 5/20/2025 Age: From 4 To 5 Total Minutes: 165 Time In: 10:00 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead Teacher during the visit. A signed copy of the visit summary was left on-site with you. Upon arrival, I checked in at the front office. I walked down to the classroom and was greeted by Kayla Hayes, Lead Teacher. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator, were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 12/13/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The last fire drill was practiced on 4/29/2025. The next drill is due by 5/29/2025. The last emergency drill, shelter in place drill, was practiced on 4/15/2025. The next drill will be due at the start of the school year. The first day of school is August 20, 2025 a drill will need to be practiced by August 30, 2025. The last fire inspection was approved on 9/12/2024. The program’s most recent sanitation inspection was completed on 2/5/2025 with seven (7) demerits for a superior classification. The facility currently has one (1) emergency medication on-site. The medication was monitored and meets all requirements. Transportation is provided and maintained by Avery County Schools. Upon arrival, the group of four- to five-year-olds were engaged in free play with light table, blocks, pizza parlor in dramatic play center, pattern bead, puzzles, and magnetic tiles. At 10:30a the group cleaned up centers and transitioned to group time on the carpet. After group time, the group lined up and prepared to transition to the restrooms and lunch. The staff and children washed their hands at the hallway restrooms prior to transitioning to the cafeteria. Lunch today consisted of riblet sandwich, corn, beans, mixed fruit, and milk. After lunch, the group transitioned to the gym for gross motor play. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. While following up with on-going hours and health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. When I asked if the staff member had completed, she stated she has not. We discussed that it would need to be completed. While monitoring outdoors, I observed the playground is currently under construction. The climbing structure being installed height from the ground to the platform measures four (4) feet seven (7) inches. The slide exits and fall zones measured six (6) feet. We discussed that the loose surfacing would need to extend six (6) feet beyond the external limits of the equipment. I do recommend extending the protective barrier to seven (7) feet around to allow for movement around the equipment. The initial mulch depth would need to measure twelve (12) inches to cover the equipment anchors. Loose surfacing for equipment critical height less than five (5) feet or less shall have at least six (6) inches of loose surfacing material. The manufacture’s instructions shall be on file for review a hardcopy or electronic file. The dome rock climber measured three (3) feet seven (7) inches. The current wood mulch surfacing was compacted and had rocks mixed in. We discussed that the rocks would need to be removed and the surfacing would need to tilled and new surfacing installed. We also discussed that the surfacing would need to extend six (6) feet beyond the external limits of the climbing dome. The facility is currently providing indoor gross motor play until the playground renovations are completed. The facilities last day of school is May 29, 2025. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violation of child care requirements was observed today: Violation Number Comment Rule 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. While following up on health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. .1103(b) Technical Assistance for Correction Plan: Item 1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. While following up on health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. When I asked if the staff member had completed, she stated she has not. We discussed that it would need to be completed. We discussed documenting renewal date for trainings on your calendar as a reminder to ensure that all trainings are completed within five (5) years of the previously completed training topic. Rule Reference: 10A NCAC 09.1103(b) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/3/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if you mail the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure the receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: During the visit, we discussed that the new superintendent has been named, and an updated application will be needed to document the change. Reminder -Staff member KH criminal background check qualifying letter is due to be renewed by 9/21/2025. I recommend going ahead and starting the background check process. -Health and Safety trainings are due for staff member KH 9/2025, and trainings are due for staff member DT by 8/26/2025. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
NC GS 110-90 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/20/2025 Number Present: 18 Completed Date: 5/20/2025 Age: From 4 To 5 Total Minutes: 165 Time In: 10:00 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead Teacher during the visit. A signed copy of the visit summary was left on-site with you. Upon arrival, I checked in at the front office. I walked down to the classroom and was greeted by Kayla Hayes, Lead Teacher. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator, were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 12/13/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The last fire drill was practiced on 4/29/2025. The next drill is due by 5/29/2025. The last emergency drill, shelter in place drill, was practiced on 4/15/2025. The next drill will be due at the start of the school year. The first day of school is August 20, 2025 a drill will need to be practiced by August 30, 2025. The last fire inspection was approved on 9/12/2024. The program’s most recent sanitation inspection was completed on 2/5/2025 with seven (7) demerits for a superior classification. The facility currently has one (1) emergency medication on-site. The medication was monitored and meets all requirements. Transportation is provided and maintained by Avery County Schools. Upon arrival, the group of four- to five-year-olds were engaged in free play with light table, blocks, pizza parlor in dramatic play center, pattern bead, puzzles, and magnetic tiles. At 10:30a the group cleaned up centers and transitioned to group time on the carpet. After group time, the group lined up and prepared to transition to the restrooms and lunch. The staff and children washed their hands at the hallway restrooms prior to transitioning to the cafeteria. Lunch today consisted of riblet sandwich, corn, beans, mixed fruit, and milk. After lunch, the group transitioned to the gym for gross motor play. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. While following up with on-going hours and health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. When I asked if the staff member had completed, she stated she has not. We discussed that it would need to be completed. While monitoring outdoors, I observed the playground is currently under construction. The climbing structure being installed height from the ground to the platform measures four (4) feet seven (7) inches. The slide exits and fall zones measured six (6) feet. We discussed that the loose surfacing would need to extend six (6) feet beyond the external limits of the equipment. I do recommend extending the protective barrier to seven (7) feet around to allow for movement around the equipment. The initial mulch depth would need to measure twelve (12) inches to cover the equipment anchors. Loose surfacing for equipment critical height less than five (5) feet or less shall have at least six (6) inches of loose surfacing material. The manufacture’s instructions shall be on file for review a hardcopy or electronic file. The dome rock climber measured three (3) feet seven (7) inches. The current wood mulch surfacing was compacted and had rocks mixed in. We discussed that the rocks would need to be removed and the surfacing would need to tilled and new surfacing installed. We also discussed that the surfacing would need to extend six (6) feet beyond the external limits of the climbing dome. The facility is currently providing indoor gross motor play until the playground renovations are completed. The facilities last day of school is May 29, 2025. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violation of child care requirements was observed today: Violation Number Comment Rule 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. While following up on health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. .1103(b) Technical Assistance for Correction Plan: Item 1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. While following up on health and safety trainings that were due during the spring of 2025, I observed that staff member KH the Handling Storage and hazardous materials training was due to be completed by 4/1/2025. When I asked if the staff member had completed, she stated she has not. We discussed that it would need to be completed. We discussed documenting renewal date for trainings on your calendar as a reminder to ensure that all trainings are completed within five (5) years of the previously completed training topic. Rule Reference: 10A NCAC 09.1103(b) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/3/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if you mail the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure the receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: During the visit, we discussed that the new superintendent has been named, and an updated application will be needed to document the change. Reminder -Staff member KH criminal background check qualifying letter is due to be renewed by 9/21/2025. I recommend going ahead and starting the background check process. -Health and Safety trainings are due for staff member KH 9/2025, and trainings are due for staff member DT by 8/26/2025. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .0604 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 12/13/2024 Number Present: 16 Completed Date: 12/13/2024 Age: From 3 To 4 Total Minutes: 163 Time In: 10:12 AM Time Out: 12:55 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized handwritten report of today’s visit was completed due to being unable to establish connectivity. I reviewed with you the computerized handwritten report, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead teacher, during the visit. An electronic signed copy of the visit summary was left on-site with you. Kayla Hayes, Lead teacher was on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-eight percent (88%) as of 12/3/2024. The program is operated by Avery County Schools and is located in Banner Elk Elementary School. Permit type – Five (5) Star Rated License issued 3/14/2023. Special Services/Restrictions – first shift, meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves special needs. The last annual compliance visit was conducted on 1/5/2024. The last fire drill was practiced on 11/14/2024- Due to Tropical Storm Helene a October fire drill was not conducted. A December drill will be due before the facility closes for Christmas break. The last lockdown drill was practiced on 12/9/2024. The last playground inspection was documented on 12/6/2024- Due to Tropical Storm Helene an October playground inspection was not completed. The last fire inspection was approved on 9/12/2024. The last sanitation inspection was conducted on 9/27/2023 with seven (7) demerits for a superior classification. Due to Tropical Storm Helene and Environmental Health being short staffed, the annual sanitation inspection has not been completed. Environmental Health stated that they would get to it as soon as they could. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The facility closed on 9/27/2024 due to Tropical Storm Helene and re-opened on 11/6/2024. Upon arrival, I checked in at the front office. After checking in at the front office a staff member walked me down to the pre-kindergarten classroom. Once at the classroom, I was greeted by the Desi Turbyfill, Teaching Assistant. Ms. Kayla Hayes, Lead Teacher arrived in the classroom at 10:15a. The children were engaged in free play with the light table, sensory table, blocks, puzzles, writing, playing dress up in the dramatic play center, and reading a book in the cozy area. While monitoring the classroom, I observed an unlocked cabinet above the cubbies to the left of the classroom door. The key was left in the lock and the lock was unlocked. Inside the cabinet were Clorox wipes, Lysol in aerosol can, and medications. During the visit, the lead teacher locked the cabinet and removed the key from the lock and hung it on the side of the cabinet. During the walk through of the classroom, I observed the cozy area a child was sitting inside of a box with Christmas light strung through the box reading a book. I observed multiple strands of light plugged in together the plug in on the wall had an uncovered outlet on the back of one (1) strand of lights, and inside the box where the child was sitting was two (2) uncovered outlets on the end of the Christmas light strands. The lead teacher corrected these during the visit by adding a safety outlet cover. After free play, the time went off to signal the children to clean up and prepare to transition to lunch. Once the children cleaned up, the children got their lunchboxes and lined up. When all the children were in line, the class transitioned to the hallway restroom to use the restroom and wash their hands before lunch. After using the restroom, the class transitioned to the cafeteria for lunch. In the cafeteria, the children sat their lunchboxes on the tables and lined up to go thought the lunch line. Today’s lunch consisted of hotdogs, bake beans, French fries, apple, coleslaw, and milk. While in the cafeteria, I was greeted by Justin Carver, Principal. The program uses public school buses. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was not reviewed today. The site monitoring tool is not required for the 24-25 fiscal year due to Tropical Storm Helene. Two (2) children files were monitored today. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit Violation Number Comment Rule 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. In the cozy area a child was sitting inside of a box with Christmas light strung through the box reading a book. I observed multiple strands of light plugged in together the plug in on the wall had an uncovered outlet on the back of one (1) strand of lights, and inside the box where the child was sitting was two (2) uncovered outlets on the end of the Christmas light strands. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. An unlocked cabinet above the cubbies to the left of the classroom door. The key was left in the lock and the lock was unlocked. Inside the cabinet were Clorox wipes, Lysol in aerosol can, and medications. .2820(b) Technical assistance was provided as follows: Item 812- In the cozy area a child was sitting inside of a box with Christmas light strung through the box reading a book. I observed multiple strands of light plugged in together the plug in on the wall had an uncovered outlet on the back of one (1) strand of lights, and inside the box where the child was sitting was two (2) uncovered outlets on the end of the Christmas light strands. The lead teacher corrected these during the visit by adding a safety outlet cover. Rule Reference: 10A NCAC 09.0604(c) Item 840- An unlocked cabinet above the cubbies to the left of the classroom door. The key was left in the lock and the lock was unlocked. Inside the cabinet were Clorox wipes, Lysol in aerosol can, and medications. During the visit, the lead teacher locked the cabinet and removed the key from the lock and hung it on the side of the cabinet. Rule Reference: 15A NCAC 18A.2820(b) Consultation is provided as follows: We reviewed that all child care facility administrators are required to complete the new ABCMS criminal background check portal training on Moodle. Once the training is complete, the administrator will need to log into the ABCMS system to review the staff roster to ensure that all current staff members are listed. When someone is hired or terminated, the administrator will need to log into the ABCMS system to indicate the hire or termination date. In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. We reviewed and reminded staff during the holiday season as people bring in sweet treats, sodas, etc. to remember our guidelines is to model appropriate eating behaviors in front of the children. Rule Reference: .0901 (j) On-going training hours are due for staff member hired 8/15/22 by 8/15/2025. Staff member hired 8/1/2008 training hours are due by 8/1/2025. Health and Safety training hours are due for staff member hired 8/15/2024 by 8/15/2025. We reviewed, prior to going outside be sure to dump or wipe off areas with standing water. If the water is frozen, you will need to remove the ice prior to allowing the children to play outside. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0304 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 12/13/2024 Number Present: 16 Completed Date: 12/13/2024 Age: From 3 To 4 Total Minutes: 163 Time In: 10:12 AM Time Out: 12:55 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized handwritten report of today’s visit was completed due to being unable to establish connectivity. I reviewed with you the computerized handwritten report, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead teacher, during the visit. An electronic signed copy of the visit summary was left on-site with you. Kayla Hayes, Lead teacher was on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-eight percent (88%) as of 12/3/2024. The program is operated by Avery County Schools and is located in Banner Elk Elementary School. Permit type – Five (5) Star Rated License issued 3/14/2023. Special Services/Restrictions – first shift, meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves special needs. The last annual compliance visit was conducted on 1/5/2024. The last fire drill was practiced on 11/14/2024- Due to Tropical Storm Helene a October fire drill was not conducted. A December drill will be due before the facility closes for Christmas break. The last lockdown drill was practiced on 12/9/2024. The last playground inspection was documented on 12/6/2024- Due to Tropical Storm Helene an October playground inspection was not completed. The last fire inspection was approved on 9/12/2024. The last sanitation inspection was conducted on 9/27/2023 with seven (7) demerits for a superior classification. Due to Tropical Storm Helene and Environmental Health being short staffed, the annual sanitation inspection has not been completed. Environmental Health stated that they would get to it as soon as they could. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The facility closed on 9/27/2024 due to Tropical Storm Helene and re-opened on 11/6/2024. Upon arrival, I checked in at the front office. After checking in at the front office a staff member walked me down to the pre-kindergarten classroom. Once at the classroom, I was greeted by the Desi Turbyfill, Teaching Assistant. Ms. Kayla Hayes, Lead Teacher arrived in the classroom at 10:15a. The children were engaged in free play with the light table, sensory table, blocks, puzzles, writing, playing dress up in the dramatic play center, and reading a book in the cozy area. While monitoring the classroom, I observed an unlocked cabinet above the cubbies to the left of the classroom door. The key was left in the lock and the lock was unlocked. Inside the cabinet were Clorox wipes, Lysol in aerosol can, and medications. During the visit, the lead teacher locked the cabinet and removed the key from the lock and hung it on the side of the cabinet. During the walk through of the classroom, I observed the cozy area a child was sitting inside of a box with Christmas light strung through the box reading a book. I observed multiple strands of light plugged in together the plug in on the wall had an uncovered outlet on the back of one (1) strand of lights, and inside the box where the child was sitting was two (2) uncovered outlets on the end of the Christmas light strands. The lead teacher corrected these during the visit by adding a safety outlet cover. After free play, the time went off to signal the children to clean up and prepare to transition to lunch. Once the children cleaned up, the children got their lunchboxes and lined up. When all the children were in line, the class transitioned to the hallway restroom to use the restroom and wash their hands before lunch. After using the restroom, the class transitioned to the cafeteria for lunch. In the cafeteria, the children sat their lunchboxes on the tables and lined up to go thought the lunch line. Today’s lunch consisted of hotdogs, bake beans, French fries, apple, coleslaw, and milk. While in the cafeteria, I was greeted by Justin Carver, Principal. The program uses public school buses. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was not reviewed today. The site monitoring tool is not required for the 24-25 fiscal year due to Tropical Storm Helene. Two (2) children files were monitored today. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit Violation Number Comment Rule 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. In the cozy area a child was sitting inside of a box with Christmas light strung through the box reading a book. I observed multiple strands of light plugged in together the plug in on the wall had an uncovered outlet on the back of one (1) strand of lights, and inside the box where the child was sitting was two (2) uncovered outlets on the end of the Christmas light strands. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. An unlocked cabinet above the cubbies to the left of the classroom door. The key was left in the lock and the lock was unlocked. Inside the cabinet were Clorox wipes, Lysol in aerosol can, and medications. .2820(b) Technical assistance was provided as follows: Item 812- In the cozy area a child was sitting inside of a box with Christmas light strung through the box reading a book. I observed multiple strands of light plugged in together the plug in on the wall had an uncovered outlet on the back of one (1) strand of lights, and inside the box where the child was sitting was two (2) uncovered outlets on the end of the Christmas light strands. The lead teacher corrected these during the visit by adding a safety outlet cover. Rule Reference: 10A NCAC 09.0604(c) Item 840- An unlocked cabinet above the cubbies to the left of the classroom door. The key was left in the lock and the lock was unlocked. Inside the cabinet were Clorox wipes, Lysol in aerosol can, and medications. During the visit, the lead teacher locked the cabinet and removed the key from the lock and hung it on the side of the cabinet. Rule Reference: 15A NCAC 18A.2820(b) Consultation is provided as follows: We reviewed that all child care facility administrators are required to complete the new ABCMS criminal background check portal training on Moodle. Once the training is complete, the administrator will need to log into the ABCMS system to review the staff roster to ensure that all current staff members are listed. When someone is hired or terminated, the administrator will need to log into the ABCMS system to indicate the hire or termination date. In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. We reviewed and reminded staff during the holiday season as people bring in sweet treats, sodas, etc. to remember our guidelines is to model appropriate eating behaviors in front of the children. Rule Reference: .0901 (j) On-going training hours are due for staff member hired 8/15/22 by 8/15/2025. Staff member hired 8/1/2008 training hours are due by 8/1/2025. Health and Safety training hours are due for staff member hired 8/15/2024 by 8/15/2025. We reviewed, prior to going outside be sure to dump or wipe off areas with standing water. If the water is frozen, you will need to remove the ice prior to allowing the children to play outside. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .1102 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 12/13/2024 Number Present: 16 Completed Date: 12/13/2024 Age: From 3 To 4 Total Minutes: 163 Time In: 10:12 AM Time Out: 12:55 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized handwritten report of today’s visit was completed due to being unable to establish connectivity. I reviewed with you the computerized handwritten report, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead teacher, during the visit. An electronic signed copy of the visit summary was left on-site with you. Kayla Hayes, Lead teacher was on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-eight percent (88%) as of 12/3/2024. The program is operated by Avery County Schools and is located in Banner Elk Elementary School. Permit type – Five (5) Star Rated License issued 3/14/2023. Special Services/Restrictions – first shift, meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves special needs. The last annual compliance visit was conducted on 1/5/2024. The last fire drill was practiced on 11/14/2024- Due to Tropical Storm Helene a October fire drill was not conducted. A December drill will be due before the facility closes for Christmas break. The last lockdown drill was practiced on 12/9/2024. The last playground inspection was documented on 12/6/2024- Due to Tropical Storm Helene an October playground inspection was not completed. The last fire inspection was approved on 9/12/2024. The last sanitation inspection was conducted on 9/27/2023 with seven (7) demerits for a superior classification. Due to Tropical Storm Helene and Environmental Health being short staffed, the annual sanitation inspection has not been completed. Environmental Health stated that they would get to it as soon as they could. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The facility closed on 9/27/2024 due to Tropical Storm Helene and re-opened on 11/6/2024. Upon arrival, I checked in at the front office. After checking in at the front office a staff member walked me down to the pre-kindergarten classroom. Once at the classroom, I was greeted by the Desi Turbyfill, Teaching Assistant. Ms. Kayla Hayes, Lead Teacher arrived in the classroom at 10:15a. The children were engaged in free play with the light table, sensory table, blocks, puzzles, writing, playing dress up in the dramatic play center, and reading a book in the cozy area. While monitoring the classroom, I observed an unlocked cabinet above the cubbies to the left of the classroom door. The key was left in the lock and the lock was unlocked. Inside the cabinet were Clorox wipes, Lysol in aerosol can, and medications. During the visit, the lead teacher locked the cabinet and removed the key from the lock and hung it on the side of the cabinet. During the walk through of the classroom, I observed the cozy area a child was sitting inside of a box with Christmas light strung through the box reading a book. I observed multiple strands of light plugged in together the plug in on the wall had an uncovered outlet on the back of one (1) strand of lights, and inside the box where the child was sitting was two (2) uncovered outlets on the end of the Christmas light strands. The lead teacher corrected these during the visit by adding a safety outlet cover. After free play, the time went off to signal the children to clean up and prepare to transition to lunch. Once the children cleaned up, the children got their lunchboxes and lined up. When all the children were in line, the class transitioned to the hallway restroom to use the restroom and wash their hands before lunch. After using the restroom, the class transitioned to the cafeteria for lunch. In the cafeteria, the children sat their lunchboxes on the tables and lined up to go thought the lunch line. Today’s lunch consisted of hotdogs, bake beans, French fries, apple, coleslaw, and milk. While in the cafeteria, I was greeted by Justin Carver, Principal. The program uses public school buses. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was not reviewed today. The site monitoring tool is not required for the 24-25 fiscal year due to Tropical Storm Helene. Two (2) children files were monitored today. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit Violation Number Comment Rule 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. In the cozy area a child was sitting inside of a box with Christmas light strung through the box reading a book. I observed multiple strands of light plugged in together the plug in on the wall had an uncovered outlet on the back of one (1) strand of lights, and inside the box where the child was sitting was two (2) uncovered outlets on the end of the Christmas light strands. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. An unlocked cabinet above the cubbies to the left of the classroom door. The key was left in the lock and the lock was unlocked. Inside the cabinet were Clorox wipes, Lysol in aerosol can, and medications. .2820(b) Technical assistance was provided as follows: Item 812- In the cozy area a child was sitting inside of a box with Christmas light strung through the box reading a book. I observed multiple strands of light plugged in together the plug in on the wall had an uncovered outlet on the back of one (1) strand of lights, and inside the box where the child was sitting was two (2) uncovered outlets on the end of the Christmas light strands. The lead teacher corrected these during the visit by adding a safety outlet cover. Rule Reference: 10A NCAC 09.0604(c) Item 840- An unlocked cabinet above the cubbies to the left of the classroom door. The key was left in the lock and the lock was unlocked. Inside the cabinet were Clorox wipes, Lysol in aerosol can, and medications. During the visit, the lead teacher locked the cabinet and removed the key from the lock and hung it on the side of the cabinet. Rule Reference: 15A NCAC 18A.2820(b) Consultation is provided as follows: We reviewed that all child care facility administrators are required to complete the new ABCMS criminal background check portal training on Moodle. Once the training is complete, the administrator will need to log into the ABCMS system to review the staff roster to ensure that all current staff members are listed. When someone is hired or terminated, the administrator will need to log into the ABCMS system to indicate the hire or termination date. In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. We reviewed and reminded staff during the holiday season as people bring in sweet treats, sodas, etc. to remember our guidelines is to model appropriate eating behaviors in front of the children. Rule Reference: .0901 (j) On-going training hours are due for staff member hired 8/15/22 by 8/15/2025. Staff member hired 8/1/2008 training hours are due by 8/1/2025. Health and Safety training hours are due for staff member hired 8/15/2024 by 8/15/2025. We reviewed, prior to going outside be sure to dump or wipe off areas with standing water. If the water is frozen, you will need to remove the ice prior to allowing the children to play outside. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .1703 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 12/13/2024 Number Present: 16 Completed Date: 12/13/2024 Age: From 3 To 4 Total Minutes: 163 Time In: 10:12 AM Time Out: 12:55 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized handwritten report of today’s visit was completed due to being unable to establish connectivity. I reviewed with you the computerized handwritten report, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead teacher, during the visit. An electronic signed copy of the visit summary was left on-site with you. Kayla Hayes, Lead teacher was on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-eight percent (88%) as of 12/3/2024. The program is operated by Avery County Schools and is located in Banner Elk Elementary School. Permit type – Five (5) Star Rated License issued 3/14/2023. Special Services/Restrictions – first shift, meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves special needs. The last annual compliance visit was conducted on 1/5/2024. The last fire drill was practiced on 11/14/2024- Due to Tropical Storm Helene a October fire drill was not conducted. A December drill will be due before the facility closes for Christmas break. The last lockdown drill was practiced on 12/9/2024. The last playground inspection was documented on 12/6/2024- Due to Tropical Storm Helene an October playground inspection was not completed. The last fire inspection was approved on 9/12/2024. The last sanitation inspection was conducted on 9/27/2023 with seven (7) demerits for a superior classification. Due to Tropical Storm Helene and Environmental Health being short staffed, the annual sanitation inspection has not been completed. Environmental Health stated that they would get to it as soon as they could. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The facility closed on 9/27/2024 due to Tropical Storm Helene and re-opened on 11/6/2024. Upon arrival, I checked in at the front office. After checking in at the front office a staff member walked me down to the pre-kindergarten classroom. Once at the classroom, I was greeted by the Desi Turbyfill, Teaching Assistant. Ms. Kayla Hayes, Lead Teacher arrived in the classroom at 10:15a. The children were engaged in free play with the light table, sensory table, blocks, puzzles, writing, playing dress up in the dramatic play center, and reading a book in the cozy area. While monitoring the classroom, I observed an unlocked cabinet above the cubbies to the left of the classroom door. The key was left in the lock and the lock was unlocked. Inside the cabinet were Clorox wipes, Lysol in aerosol can, and medications. During the visit, the lead teacher locked the cabinet and removed the key from the lock and hung it on the side of the cabinet. During the walk through of the classroom, I observed the cozy area a child was sitting inside of a box with Christmas light strung through the box reading a book. I observed multiple strands of light plugged in together the plug in on the wall had an uncovered outlet on the back of one (1) strand of lights, and inside the box where the child was sitting was two (2) uncovered outlets on the end of the Christmas light strands. The lead teacher corrected these during the visit by adding a safety outlet cover. After free play, the time went off to signal the children to clean up and prepare to transition to lunch. Once the children cleaned up, the children got their lunchboxes and lined up. When all the children were in line, the class transitioned to the hallway restroom to use the restroom and wash their hands before lunch. After using the restroom, the class transitioned to the cafeteria for lunch. In the cafeteria, the children sat their lunchboxes on the tables and lined up to go thought the lunch line. Today’s lunch consisted of hotdogs, bake beans, French fries, apple, coleslaw, and milk. While in the cafeteria, I was greeted by Justin Carver, Principal. The program uses public school buses. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was not reviewed today. The site monitoring tool is not required for the 24-25 fiscal year due to Tropical Storm Helene. Two (2) children files were monitored today. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit Violation Number Comment Rule 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. In the cozy area a child was sitting inside of a box with Christmas light strung through the box reading a book. I observed multiple strands of light plugged in together the plug in on the wall had an uncovered outlet on the back of one (1) strand of lights, and inside the box where the child was sitting was two (2) uncovered outlets on the end of the Christmas light strands. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. An unlocked cabinet above the cubbies to the left of the classroom door. The key was left in the lock and the lock was unlocked. Inside the cabinet were Clorox wipes, Lysol in aerosol can, and medications. .2820(b) Technical assistance was provided as follows: Item 812- In the cozy area a child was sitting inside of a box with Christmas light strung through the box reading a book. I observed multiple strands of light plugged in together the plug in on the wall had an uncovered outlet on the back of one (1) strand of lights, and inside the box where the child was sitting was two (2) uncovered outlets on the end of the Christmas light strands. The lead teacher corrected these during the visit by adding a safety outlet cover. Rule Reference: 10A NCAC 09.0604(c) Item 840- An unlocked cabinet above the cubbies to the left of the classroom door. The key was left in the lock and the lock was unlocked. Inside the cabinet were Clorox wipes, Lysol in aerosol can, and medications. During the visit, the lead teacher locked the cabinet and removed the key from the lock and hung it on the side of the cabinet. Rule Reference: 15A NCAC 18A.2820(b) Consultation is provided as follows: We reviewed that all child care facility administrators are required to complete the new ABCMS criminal background check portal training on Moodle. Once the training is complete, the administrator will need to log into the ABCMS system to review the staff roster to ensure that all current staff members are listed. When someone is hired or terminated, the administrator will need to log into the ABCMS system to indicate the hire or termination date. In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. We reviewed and reminded staff during the holiday season as people bring in sweet treats, sodas, etc. to remember our guidelines is to model appropriate eating behaviors in front of the children. Rule Reference: .0901 (j) On-going training hours are due for staff member hired 8/15/22 by 8/15/2025. Staff member hired 8/1/2008 training hours are due by 8/1/2025. Health and Safety training hours are due for staff member hired 8/15/2024 by 8/15/2025. We reviewed, prior to going outside be sure to dump or wipe off areas with standing water. If the water is frozen, you will need to remove the ice prior to allowing the children to play outside. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .2830 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 12/13/2024 Number Present: 16 Completed Date: 12/13/2024 Age: From 3 To 4 Total Minutes: 163 Time In: 10:12 AM Time Out: 12:55 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized handwritten report of today’s visit was completed due to being unable to establish connectivity. I reviewed with you the computerized handwritten report, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead teacher, during the visit. An electronic signed copy of the visit summary was left on-site with you. Kayla Hayes, Lead teacher was on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-eight percent (88%) as of 12/3/2024. The program is operated by Avery County Schools and is located in Banner Elk Elementary School. Permit type – Five (5) Star Rated License issued 3/14/2023. Special Services/Restrictions – first shift, meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves special needs. The last annual compliance visit was conducted on 1/5/2024. The last fire drill was practiced on 11/14/2024- Due to Tropical Storm Helene a October fire drill was not conducted. A December drill will be due before the facility closes for Christmas break. The last lockdown drill was practiced on 12/9/2024. The last playground inspection was documented on 12/6/2024- Due to Tropical Storm Helene an October playground inspection was not completed. The last fire inspection was approved on 9/12/2024. The last sanitation inspection was conducted on 9/27/2023 with seven (7) demerits for a superior classification. Due to Tropical Storm Helene and Environmental Health being short staffed, the annual sanitation inspection has not been completed. Environmental Health stated that they would get to it as soon as they could. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The facility closed on 9/27/2024 due to Tropical Storm Helene and re-opened on 11/6/2024. Upon arrival, I checked in at the front office. After checking in at the front office a staff member walked me down to the pre-kindergarten classroom. Once at the classroom, I was greeted by the Desi Turbyfill, Teaching Assistant. Ms. Kayla Hayes, Lead Teacher arrived in the classroom at 10:15a. The children were engaged in free play with the light table, sensory table, blocks, puzzles, writing, playing dress up in the dramatic play center, and reading a book in the cozy area. While monitoring the classroom, I observed an unlocked cabinet above the cubbies to the left of the classroom door. The key was left in the lock and the lock was unlocked. Inside the cabinet were Clorox wipes, Lysol in aerosol can, and medications. During the visit, the lead teacher locked the cabinet and removed the key from the lock and hung it on the side of the cabinet. During the walk through of the classroom, I observed the cozy area a child was sitting inside of a box with Christmas light strung through the box reading a book. I observed multiple strands of light plugged in together the plug in on the wall had an uncovered outlet on the back of one (1) strand of lights, and inside the box where the child was sitting was two (2) uncovered outlets on the end of the Christmas light strands. The lead teacher corrected these during the visit by adding a safety outlet cover. After free play, the time went off to signal the children to clean up and prepare to transition to lunch. Once the children cleaned up, the children got their lunchboxes and lined up. When all the children were in line, the class transitioned to the hallway restroom to use the restroom and wash their hands before lunch. After using the restroom, the class transitioned to the cafeteria for lunch. In the cafeteria, the children sat their lunchboxes on the tables and lined up to go thought the lunch line. Today’s lunch consisted of hotdogs, bake beans, French fries, apple, coleslaw, and milk. While in the cafeteria, I was greeted by Justin Carver, Principal. The program uses public school buses. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was not reviewed today. The site monitoring tool is not required for the 24-25 fiscal year due to Tropical Storm Helene. Two (2) children files were monitored today. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit Violation Number Comment Rule 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. In the cozy area a child was sitting inside of a box with Christmas light strung through the box reading a book. I observed multiple strands of light plugged in together the plug in on the wall had an uncovered outlet on the back of one (1) strand of lights, and inside the box where the child was sitting was two (2) uncovered outlets on the end of the Christmas light strands. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. An unlocked cabinet above the cubbies to the left of the classroom door. The key was left in the lock and the lock was unlocked. Inside the cabinet were Clorox wipes, Lysol in aerosol can, and medications. .2820(b) Technical assistance was provided as follows: Item 812- In the cozy area a child was sitting inside of a box with Christmas light strung through the box reading a book. I observed multiple strands of light plugged in together the plug in on the wall had an uncovered outlet on the back of one (1) strand of lights, and inside the box where the child was sitting was two (2) uncovered outlets on the end of the Christmas light strands. The lead teacher corrected these during the visit by adding a safety outlet cover. Rule Reference: 10A NCAC 09.0604(c) Item 840- An unlocked cabinet above the cubbies to the left of the classroom door. The key was left in the lock and the lock was unlocked. Inside the cabinet were Clorox wipes, Lysol in aerosol can, and medications. During the visit, the lead teacher locked the cabinet and removed the key from the lock and hung it on the side of the cabinet. Rule Reference: 15A NCAC 18A.2820(b) Consultation is provided as follows: We reviewed that all child care facility administrators are required to complete the new ABCMS criminal background check portal training on Moodle. Once the training is complete, the administrator will need to log into the ABCMS system to review the staff roster to ensure that all current staff members are listed. When someone is hired or terminated, the administrator will need to log into the ABCMS system to indicate the hire or termination date. In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. We reviewed and reminded staff during the holiday season as people bring in sweet treats, sodas, etc. to remember our guidelines is to model appropriate eating behaviors in front of the children. Rule Reference: .0901 (j) On-going training hours are due for staff member hired 8/15/22 by 8/15/2025. Staff member hired 8/1/2008 training hours are due by 8/1/2025. Health and Safety training hours are due for staff member hired 8/15/2024 by 8/15/2025. We reviewed, prior to going outside be sure to dump or wipe off areas with standing water. If the water is frozen, you will need to remove the ice prior to allowing the children to play outside. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09.0604 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 12/13/2024 Number Present: 16 Completed Date: 12/13/2024 Age: From 3 To 4 Total Minutes: 163 Time In: 10:12 AM Time Out: 12:55 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized handwritten report of today’s visit was completed due to being unable to establish connectivity. I reviewed with you the computerized handwritten report, and signed by me, Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead teacher, during the visit. An electronic signed copy of the visit summary was left on-site with you. Kayla Hayes, Lead teacher was on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-eight percent (88%) as of 12/3/2024. The program is operated by Avery County Schools and is located in Banner Elk Elementary School. Permit type – Five (5) Star Rated License issued 3/14/2023. Special Services/Restrictions – first shift, meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves special needs. The last annual compliance visit was conducted on 1/5/2024. The last fire drill was practiced on 11/14/2024- Due to Tropical Storm Helene a October fire drill was not conducted. A December drill will be due before the facility closes for Christmas break. The last lockdown drill was practiced on 12/9/2024. The last playground inspection was documented on 12/6/2024- Due to Tropical Storm Helene an October playground inspection was not completed. The last fire inspection was approved on 9/12/2024. The last sanitation inspection was conducted on 9/27/2023 with seven (7) demerits for a superior classification. Due to Tropical Storm Helene and Environmental Health being short staffed, the annual sanitation inspection has not been completed. Environmental Health stated that they would get to it as soon as they could. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The facility closed on 9/27/2024 due to Tropical Storm Helene and re-opened on 11/6/2024. Upon arrival, I checked in at the front office. After checking in at the front office a staff member walked me down to the pre-kindergarten classroom. Once at the classroom, I was greeted by the Desi Turbyfill, Teaching Assistant. Ms. Kayla Hayes, Lead Teacher arrived in the classroom at 10:15a. The children were engaged in free play with the light table, sensory table, blocks, puzzles, writing, playing dress up in the dramatic play center, and reading a book in the cozy area. While monitoring the classroom, I observed an unlocked cabinet above the cubbies to the left of the classroom door. The key was left in the lock and the lock was unlocked. Inside the cabinet were Clorox wipes, Lysol in aerosol can, and medications. During the visit, the lead teacher locked the cabinet and removed the key from the lock and hung it on the side of the cabinet. During the walk through of the classroom, I observed the cozy area a child was sitting inside of a box with Christmas light strung through the box reading a book. I observed multiple strands of light plugged in together the plug in on the wall had an uncovered outlet on the back of one (1) strand of lights, and inside the box where the child was sitting was two (2) uncovered outlets on the end of the Christmas light strands. The lead teacher corrected these during the visit by adding a safety outlet cover. After free play, the time went off to signal the children to clean up and prepare to transition to lunch. Once the children cleaned up, the children got their lunchboxes and lined up. When all the children were in line, the class transitioned to the hallway restroom to use the restroom and wash their hands before lunch. After using the restroom, the class transitioned to the cafeteria for lunch. In the cafeteria, the children sat their lunchboxes on the tables and lined up to go thought the lunch line. Today’s lunch consisted of hotdogs, bake beans, French fries, apple, coleslaw, and milk. While in the cafeteria, I was greeted by Justin Carver, Principal. The program uses public school buses. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was not reviewed today. The site monitoring tool is not required for the 24-25 fiscal year due to Tropical Storm Helene. Two (2) children files were monitored today. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit Violation Number Comment Rule 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. In the cozy area a child was sitting inside of a box with Christmas light strung through the box reading a book. I observed multiple strands of light plugged in together the plug in on the wall had an uncovered outlet on the back of one (1) strand of lights, and inside the box where the child was sitting was two (2) uncovered outlets on the end of the Christmas light strands. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. An unlocked cabinet above the cubbies to the left of the classroom door. The key was left in the lock and the lock was unlocked. Inside the cabinet were Clorox wipes, Lysol in aerosol can, and medications. .2820(b) Technical assistance was provided as follows: Item 812- In the cozy area a child was sitting inside of a box with Christmas light strung through the box reading a book. I observed multiple strands of light plugged in together the plug in on the wall had an uncovered outlet on the back of one (1) strand of lights, and inside the box where the child was sitting was two (2) uncovered outlets on the end of the Christmas light strands. The lead teacher corrected these during the visit by adding a safety outlet cover. Rule Reference: 10A NCAC 09.0604(c) Item 840- An unlocked cabinet above the cubbies to the left of the classroom door. The key was left in the lock and the lock was unlocked. Inside the cabinet were Clorox wipes, Lysol in aerosol can, and medications. During the visit, the lead teacher locked the cabinet and removed the key from the lock and hung it on the side of the cabinet. Rule Reference: 15A NCAC 18A.2820(b) Consultation is provided as follows: We reviewed that all child care facility administrators are required to complete the new ABCMS criminal background check portal training on Moodle. Once the training is complete, the administrator will need to log into the ABCMS system to review the staff roster to ensure that all current staff members are listed. When someone is hired or terminated, the administrator will need to log into the ABCMS system to indicate the hire or termination date. In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. We reviewed and reminded staff during the holiday season as people bring in sweet treats, sodas, etc. to remember our guidelines is to model appropriate eating behaviors in front of the children. Rule Reference: .0901 (j) On-going training hours are due for staff member hired 8/15/22 by 8/15/2025. Staff member hired 8/1/2008 training hours are due by 8/1/2025. Health and Safety training hours are due for staff member hired 8/15/2024 by 8/15/2025. We reviewed, prior to going outside be sure to dump or wipe off areas with standing water. If the water is frozen, you will need to remove the ice prior to allowing the children to play outside. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .0604 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/9/2024 Number Present: 11 Completed Date: 5/9/2024 Age: From 4 To 5 Total Minutes: 176 Time In: 10:04 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. Upon arrival, I checked in at the front office. Justin Carver, Principal/Administrator walked me to the preschool classroom. Upon arrival at the classroom, I was greeted by Kayla Hayes, Lead Teacher. The program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. The center's compliance history was reviewed with the operator. The program’s compliance history was ninety-two percent (92%) as of 5/3/2024. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 1/5/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions During the visit, I observed the group with four- to five-year-old children engaged in free choice center play with books, blocks, sensory bin, farm animals, puzzles, and legos. While monitoring the classroom, I observed one (1) electrical outlet uncovered beside of the teachers desk. After free choice enter play, the children cleaned up and prepared to transition to the cafeteria. On the way to the cafeteria, the class stopped at the hallway restroom for the children restroom and wash hands prior to lunch. Both staff members were observed washing hands prior to lunch. When all the children were back in line, the class transitioned to the cafeteria for lunch. As the class entered the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. The children got their lunch trays and walked to the tables. Once at the tables, the teachers assisted the children with opening their lunch items. Lunch today consisted of Beef A Roni, salad, green beans, garlic bread, mandarin oranges, and milk. The teachers sat with the children during lunch and engaged in conversations with the children. The lead teacher gave a two (2) minute reminder to let the children know that they would be cleaning up in two (2) minutes. After the two (2) minutes, the children cleaned up their lunch trays and were dismissed from the tables one (1) at a time to throw away their trash. After the children threw away their trash, they lined up to prepare to transition to the restroom. When all children were in line, the class transitioned to the hallway restroom to use the restroom and wash hands. When each of the children were in line, the class transitioned to the classroom. Upon arrival into the classroom, the children put away their lunch boxes and got back in line. The class transitioned outdoors for gross motor play with trikes, balls, and balancing cups. While outdoors, the staff engaged in play and conversations with the children while actively supervising the children. After gross motor play, the class transitioned indoors to wash hands, and transition to the carpet. Once at group time, the teacher recapped what the children did today and began story time with The Big Red Barn. The last fire drill was practiced on 4/29/2024. The last emergency drill, shelter in place drill, was practiced on 4/15/2024. The last fire inspection was approved on 9/28/2023. The program’s most recent sanitation inspection was completed on 9/27/2023 with seven (7) demerits for a superior classification. The Emergency Medical Care Plan is posted and current. All medications were monitored and met requirements. The program does provide transportation and is maintained by Avery County Schools. The NC Pre-K Program Site Monitoring Tool was unable to be reviewed during the annual compliance visit conducted on 1/5/2024. During today’s visit, The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was available for reviewed. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations of child care requirements were observed today: Violation Number Comment Rule 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. Entering the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. One (1) electrical outlet uncovered in classroom beside the teachers desk. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. One (1) bottle of liquid Correct it Correction fluid with multiple warnings was observed in the top center teacher desk drawer. .2820(b) Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/23/2024. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Falsification of any information may result in a revocation of your license. You must maintain at least 75% Compliance History for each 18-month period as required by G.S. 110-90(4) (c). Please note any violations cited today and during future visits will negatively impact your compliance history. Repeated violations or violations left unresolved may lead to an administrative action. Technical Assistance for Correction Plan: Item #812 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (c) When not in use, electrical outlets and power strips located in space used by children shall have safety outlets or be covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. - Entering the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. One (1) electrical outlet uncovered in classroom beside the teachers desk. I recommend conducting a walk through of the facility prior the children arriving to ensure all outlets are covered and carrying extra safety plugs with you throughout the day. Item #840 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - One (1) bottle of liquid Correct it Correction fluid with multiple warnings was observed in the top center teacher desk drawer. The lead teacher moved the correction fluid to a locking cabinet during the visit. I recommend looking at all warning labels to ensure that the items are stored appropriately. Consultation: Today, we discussed the following: - We discussed that you are a part of Cohort 3 for rated license reassessments. The program’s year of preparation will begin 7/1/2025 and end 6/30/2026. The assessment year will begin 7/1/2026 and end 6/30/2027. We discussed that each staff member will need to update their WORKS account to reflect their most recently completed education. Also, be sure to take advantage of the preparation year assessment. - When menu substitutions occur, the menu needs to be updated prior to serving or as soon as you are aware of the change. - Medical documents and health questionnaires should be kept in a separate confidential file. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify me, may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Challenging behaviors helpline can be reached at 1-888-600-1685 Option 1. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0304 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/9/2024 Number Present: 11 Completed Date: 5/9/2024 Age: From 4 To 5 Total Minutes: 176 Time In: 10:04 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. Upon arrival, I checked in at the front office. Justin Carver, Principal/Administrator walked me to the preschool classroom. Upon arrival at the classroom, I was greeted by Kayla Hayes, Lead Teacher. The program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. The center's compliance history was reviewed with the operator. The program’s compliance history was ninety-two percent (92%) as of 5/3/2024. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 1/5/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions During the visit, I observed the group with four- to five-year-old children engaged in free choice center play with books, blocks, sensory bin, farm animals, puzzles, and legos. While monitoring the classroom, I observed one (1) electrical outlet uncovered beside of the teachers desk. After free choice enter play, the children cleaned up and prepared to transition to the cafeteria. On the way to the cafeteria, the class stopped at the hallway restroom for the children restroom and wash hands prior to lunch. Both staff members were observed washing hands prior to lunch. When all the children were back in line, the class transitioned to the cafeteria for lunch. As the class entered the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. The children got their lunch trays and walked to the tables. Once at the tables, the teachers assisted the children with opening their lunch items. Lunch today consisted of Beef A Roni, salad, green beans, garlic bread, mandarin oranges, and milk. The teachers sat with the children during lunch and engaged in conversations with the children. The lead teacher gave a two (2) minute reminder to let the children know that they would be cleaning up in two (2) minutes. After the two (2) minutes, the children cleaned up their lunch trays and were dismissed from the tables one (1) at a time to throw away their trash. After the children threw away their trash, they lined up to prepare to transition to the restroom. When all children were in line, the class transitioned to the hallway restroom to use the restroom and wash hands. When each of the children were in line, the class transitioned to the classroom. Upon arrival into the classroom, the children put away their lunch boxes and got back in line. The class transitioned outdoors for gross motor play with trikes, balls, and balancing cups. While outdoors, the staff engaged in play and conversations with the children while actively supervising the children. After gross motor play, the class transitioned indoors to wash hands, and transition to the carpet. Once at group time, the teacher recapped what the children did today and began story time with The Big Red Barn. The last fire drill was practiced on 4/29/2024. The last emergency drill, shelter in place drill, was practiced on 4/15/2024. The last fire inspection was approved on 9/28/2023. The program’s most recent sanitation inspection was completed on 9/27/2023 with seven (7) demerits for a superior classification. The Emergency Medical Care Plan is posted and current. All medications were monitored and met requirements. The program does provide transportation and is maintained by Avery County Schools. The NC Pre-K Program Site Monitoring Tool was unable to be reviewed during the annual compliance visit conducted on 1/5/2024. During today’s visit, The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was available for reviewed. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations of child care requirements were observed today: Violation Number Comment Rule 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. Entering the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. One (1) electrical outlet uncovered in classroom beside the teachers desk. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. One (1) bottle of liquid Correct it Correction fluid with multiple warnings was observed in the top center teacher desk drawer. .2820(b) Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/23/2024. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Falsification of any information may result in a revocation of your license. You must maintain at least 75% Compliance History for each 18-month period as required by G.S. 110-90(4) (c). Please note any violations cited today and during future visits will negatively impact your compliance history. Repeated violations or violations left unresolved may lead to an administrative action. Technical Assistance for Correction Plan: Item #812 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (c) When not in use, electrical outlets and power strips located in space used by children shall have safety outlets or be covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. - Entering the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. One (1) electrical outlet uncovered in classroom beside the teachers desk. I recommend conducting a walk through of the facility prior the children arriving to ensure all outlets are covered and carrying extra safety plugs with you throughout the day. Item #840 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - One (1) bottle of liquid Correct it Correction fluid with multiple warnings was observed in the top center teacher desk drawer. The lead teacher moved the correction fluid to a locking cabinet during the visit. I recommend looking at all warning labels to ensure that the items are stored appropriately. Consultation: Today, we discussed the following: - We discussed that you are a part of Cohort 3 for rated license reassessments. The program’s year of preparation will begin 7/1/2025 and end 6/30/2026. The assessment year will begin 7/1/2026 and end 6/30/2027. We discussed that each staff member will need to update their WORKS account to reflect their most recently completed education. Also, be sure to take advantage of the preparation year assessment. - When menu substitutions occur, the menu needs to be updated prior to serving or as soon as you are aware of the change. - Medical documents and health questionnaires should be kept in a separate confidential file. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify me, may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Challenging behaviors helpline can be reached at 1-888-600-1685 Option 1. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .0604 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/9/2024 Number Present: 11 Completed Date: 5/9/2024 Age: From 4 To 5 Total Minutes: 176 Time In: 10:04 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. Upon arrival, I checked in at the front office. Justin Carver, Principal/Administrator walked me to the preschool classroom. Upon arrival at the classroom, I was greeted by Kayla Hayes, Lead Teacher. The program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. The center's compliance history was reviewed with the operator. The program’s compliance history was ninety-two percent (92%) as of 5/3/2024. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 1/5/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions During the visit, I observed the group with four- to five-year-old children engaged in free choice center play with books, blocks, sensory bin, farm animals, puzzles, and legos. While monitoring the classroom, I observed one (1) electrical outlet uncovered beside of the teachers desk. After free choice enter play, the children cleaned up and prepared to transition to the cafeteria. On the way to the cafeteria, the class stopped at the hallway restroom for the children restroom and wash hands prior to lunch. Both staff members were observed washing hands prior to lunch. When all the children were back in line, the class transitioned to the cafeteria for lunch. As the class entered the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. The children got their lunch trays and walked to the tables. Once at the tables, the teachers assisted the children with opening their lunch items. Lunch today consisted of Beef A Roni, salad, green beans, garlic bread, mandarin oranges, and milk. The teachers sat with the children during lunch and engaged in conversations with the children. The lead teacher gave a two (2) minute reminder to let the children know that they would be cleaning up in two (2) minutes. After the two (2) minutes, the children cleaned up their lunch trays and were dismissed from the tables one (1) at a time to throw away their trash. After the children threw away their trash, they lined up to prepare to transition to the restroom. When all children were in line, the class transitioned to the hallway restroom to use the restroom and wash hands. When each of the children were in line, the class transitioned to the classroom. Upon arrival into the classroom, the children put away their lunch boxes and got back in line. The class transitioned outdoors for gross motor play with trikes, balls, and balancing cups. While outdoors, the staff engaged in play and conversations with the children while actively supervising the children. After gross motor play, the class transitioned indoors to wash hands, and transition to the carpet. Once at group time, the teacher recapped what the children did today and began story time with The Big Red Barn. The last fire drill was practiced on 4/29/2024. The last emergency drill, shelter in place drill, was practiced on 4/15/2024. The last fire inspection was approved on 9/28/2023. The program’s most recent sanitation inspection was completed on 9/27/2023 with seven (7) demerits for a superior classification. The Emergency Medical Care Plan is posted and current. All medications were monitored and met requirements. The program does provide transportation and is maintained by Avery County Schools. The NC Pre-K Program Site Monitoring Tool was unable to be reviewed during the annual compliance visit conducted on 1/5/2024. During today’s visit, The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was available for reviewed. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations of child care requirements were observed today: Violation Number Comment Rule 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. Entering the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. One (1) electrical outlet uncovered in classroom beside the teachers desk. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. One (1) bottle of liquid Correct it Correction fluid with multiple warnings was observed in the top center teacher desk drawer. .2820(b) Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/23/2024. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Falsification of any information may result in a revocation of your license. You must maintain at least 75% Compliance History for each 18-month period as required by G.S. 110-90(4) (c). Please note any violations cited today and during future visits will negatively impact your compliance history. Repeated violations or violations left unresolved may lead to an administrative action. Technical Assistance for Correction Plan: Item #812 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (c) When not in use, electrical outlets and power strips located in space used by children shall have safety outlets or be covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. - Entering the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. One (1) electrical outlet uncovered in classroom beside the teachers desk. I recommend conducting a walk through of the facility prior the children arriving to ensure all outlets are covered and carrying extra safety plugs with you throughout the day. Item #840 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - One (1) bottle of liquid Correct it Correction fluid with multiple warnings was observed in the top center teacher desk drawer. The lead teacher moved the correction fluid to a locking cabinet during the visit. I recommend looking at all warning labels to ensure that the items are stored appropriately. Consultation: Today, we discussed the following: - We discussed that you are a part of Cohort 3 for rated license reassessments. The program’s year of preparation will begin 7/1/2025 and end 6/30/2026. The assessment year will begin 7/1/2026 and end 6/30/2027. We discussed that each staff member will need to update their WORKS account to reflect their most recently completed education. Also, be sure to take advantage of the preparation year assessment. - When menu substitutions occur, the menu needs to be updated prior to serving or as soon as you are aware of the change. - Medical documents and health questionnaires should be kept in a separate confidential file. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify me, may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Challenging behaviors helpline can be reached at 1-888-600-1685 Option 1. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .1102 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/9/2024 Number Present: 11 Completed Date: 5/9/2024 Age: From 4 To 5 Total Minutes: 176 Time In: 10:04 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. Upon arrival, I checked in at the front office. Justin Carver, Principal/Administrator walked me to the preschool classroom. Upon arrival at the classroom, I was greeted by Kayla Hayes, Lead Teacher. The program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. The center's compliance history was reviewed with the operator. The program’s compliance history was ninety-two percent (92%) as of 5/3/2024. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 1/5/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions During the visit, I observed the group with four- to five-year-old children engaged in free choice center play with books, blocks, sensory bin, farm animals, puzzles, and legos. While monitoring the classroom, I observed one (1) electrical outlet uncovered beside of the teachers desk. After free choice enter play, the children cleaned up and prepared to transition to the cafeteria. On the way to the cafeteria, the class stopped at the hallway restroom for the children restroom and wash hands prior to lunch. Both staff members were observed washing hands prior to lunch. When all the children were back in line, the class transitioned to the cafeteria for lunch. As the class entered the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. The children got their lunch trays and walked to the tables. Once at the tables, the teachers assisted the children with opening their lunch items. Lunch today consisted of Beef A Roni, salad, green beans, garlic bread, mandarin oranges, and milk. The teachers sat with the children during lunch and engaged in conversations with the children. The lead teacher gave a two (2) minute reminder to let the children know that they would be cleaning up in two (2) minutes. After the two (2) minutes, the children cleaned up their lunch trays and were dismissed from the tables one (1) at a time to throw away their trash. After the children threw away their trash, they lined up to prepare to transition to the restroom. When all children were in line, the class transitioned to the hallway restroom to use the restroom and wash hands. When each of the children were in line, the class transitioned to the classroom. Upon arrival into the classroom, the children put away their lunch boxes and got back in line. The class transitioned outdoors for gross motor play with trikes, balls, and balancing cups. While outdoors, the staff engaged in play and conversations with the children while actively supervising the children. After gross motor play, the class transitioned indoors to wash hands, and transition to the carpet. Once at group time, the teacher recapped what the children did today and began story time with The Big Red Barn. The last fire drill was practiced on 4/29/2024. The last emergency drill, shelter in place drill, was practiced on 4/15/2024. The last fire inspection was approved on 9/28/2023. The program’s most recent sanitation inspection was completed on 9/27/2023 with seven (7) demerits for a superior classification. The Emergency Medical Care Plan is posted and current. All medications were monitored and met requirements. The program does provide transportation and is maintained by Avery County Schools. The NC Pre-K Program Site Monitoring Tool was unable to be reviewed during the annual compliance visit conducted on 1/5/2024. During today’s visit, The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was available for reviewed. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations of child care requirements were observed today: Violation Number Comment Rule 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. Entering the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. One (1) electrical outlet uncovered in classroom beside the teachers desk. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. One (1) bottle of liquid Correct it Correction fluid with multiple warnings was observed in the top center teacher desk drawer. .2820(b) Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/23/2024. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Falsification of any information may result in a revocation of your license. You must maintain at least 75% Compliance History for each 18-month period as required by G.S. 110-90(4) (c). Please note any violations cited today and during future visits will negatively impact your compliance history. Repeated violations or violations left unresolved may lead to an administrative action. Technical Assistance for Correction Plan: Item #812 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (c) When not in use, electrical outlets and power strips located in space used by children shall have safety outlets or be covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. - Entering the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. One (1) electrical outlet uncovered in classroom beside the teachers desk. I recommend conducting a walk through of the facility prior the children arriving to ensure all outlets are covered and carrying extra safety plugs with you throughout the day. Item #840 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - One (1) bottle of liquid Correct it Correction fluid with multiple warnings was observed in the top center teacher desk drawer. The lead teacher moved the correction fluid to a locking cabinet during the visit. I recommend looking at all warning labels to ensure that the items are stored appropriately. Consultation: Today, we discussed the following: - We discussed that you are a part of Cohort 3 for rated license reassessments. The program’s year of preparation will begin 7/1/2025 and end 6/30/2026. The assessment year will begin 7/1/2026 and end 6/30/2027. We discussed that each staff member will need to update their WORKS account to reflect their most recently completed education. Also, be sure to take advantage of the preparation year assessment. - When menu substitutions occur, the menu needs to be updated prior to serving or as soon as you are aware of the change. - Medical documents and health questionnaires should be kept in a separate confidential file. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify me, may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Challenging behaviors helpline can be reached at 1-888-600-1685 Option 1. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .1703 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/9/2024 Number Present: 11 Completed Date: 5/9/2024 Age: From 4 To 5 Total Minutes: 176 Time In: 10:04 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. Upon arrival, I checked in at the front office. Justin Carver, Principal/Administrator walked me to the preschool classroom. Upon arrival at the classroom, I was greeted by Kayla Hayes, Lead Teacher. The program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. The center's compliance history was reviewed with the operator. The program’s compliance history was ninety-two percent (92%) as of 5/3/2024. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 1/5/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions During the visit, I observed the group with four- to five-year-old children engaged in free choice center play with books, blocks, sensory bin, farm animals, puzzles, and legos. While monitoring the classroom, I observed one (1) electrical outlet uncovered beside of the teachers desk. After free choice enter play, the children cleaned up and prepared to transition to the cafeteria. On the way to the cafeteria, the class stopped at the hallway restroom for the children restroom and wash hands prior to lunch. Both staff members were observed washing hands prior to lunch. When all the children were back in line, the class transitioned to the cafeteria for lunch. As the class entered the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. The children got their lunch trays and walked to the tables. Once at the tables, the teachers assisted the children with opening their lunch items. Lunch today consisted of Beef A Roni, salad, green beans, garlic bread, mandarin oranges, and milk. The teachers sat with the children during lunch and engaged in conversations with the children. The lead teacher gave a two (2) minute reminder to let the children know that they would be cleaning up in two (2) minutes. After the two (2) minutes, the children cleaned up their lunch trays and were dismissed from the tables one (1) at a time to throw away their trash. After the children threw away their trash, they lined up to prepare to transition to the restroom. When all children were in line, the class transitioned to the hallway restroom to use the restroom and wash hands. When each of the children were in line, the class transitioned to the classroom. Upon arrival into the classroom, the children put away their lunch boxes and got back in line. The class transitioned outdoors for gross motor play with trikes, balls, and balancing cups. While outdoors, the staff engaged in play and conversations with the children while actively supervising the children. After gross motor play, the class transitioned indoors to wash hands, and transition to the carpet. Once at group time, the teacher recapped what the children did today and began story time with The Big Red Barn. The last fire drill was practiced on 4/29/2024. The last emergency drill, shelter in place drill, was practiced on 4/15/2024. The last fire inspection was approved on 9/28/2023. The program’s most recent sanitation inspection was completed on 9/27/2023 with seven (7) demerits for a superior classification. The Emergency Medical Care Plan is posted and current. All medications were monitored and met requirements. The program does provide transportation and is maintained by Avery County Schools. The NC Pre-K Program Site Monitoring Tool was unable to be reviewed during the annual compliance visit conducted on 1/5/2024. During today’s visit, The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was available for reviewed. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations of child care requirements were observed today: Violation Number Comment Rule 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. Entering the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. One (1) electrical outlet uncovered in classroom beside the teachers desk. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. One (1) bottle of liquid Correct it Correction fluid with multiple warnings was observed in the top center teacher desk drawer. .2820(b) Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/23/2024. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Falsification of any information may result in a revocation of your license. You must maintain at least 75% Compliance History for each 18-month period as required by G.S. 110-90(4) (c). Please note any violations cited today and during future visits will negatively impact your compliance history. Repeated violations or violations left unresolved may lead to an administrative action. Technical Assistance for Correction Plan: Item #812 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (c) When not in use, electrical outlets and power strips located in space used by children shall have safety outlets or be covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. - Entering the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. One (1) electrical outlet uncovered in classroom beside the teachers desk. I recommend conducting a walk through of the facility prior the children arriving to ensure all outlets are covered and carrying extra safety plugs with you throughout the day. Item #840 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - One (1) bottle of liquid Correct it Correction fluid with multiple warnings was observed in the top center teacher desk drawer. The lead teacher moved the correction fluid to a locking cabinet during the visit. I recommend looking at all warning labels to ensure that the items are stored appropriately. Consultation: Today, we discussed the following: - We discussed that you are a part of Cohort 3 for rated license reassessments. The program’s year of preparation will begin 7/1/2025 and end 6/30/2026. The assessment year will begin 7/1/2026 and end 6/30/2027. We discussed that each staff member will need to update their WORKS account to reflect their most recently completed education. Also, be sure to take advantage of the preparation year assessment. - When menu substitutions occur, the menu needs to be updated prior to serving or as soon as you are aware of the change. - Medical documents and health questionnaires should be kept in a separate confidential file. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify me, may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Challenging behaviors helpline can be reached at 1-888-600-1685 Option 1. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .2830 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/9/2024 Number Present: 11 Completed Date: 5/9/2024 Age: From 4 To 5 Total Minutes: 176 Time In: 10:04 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. Upon arrival, I checked in at the front office. Justin Carver, Principal/Administrator walked me to the preschool classroom. Upon arrival at the classroom, I was greeted by Kayla Hayes, Lead Teacher. The program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. The center's compliance history was reviewed with the operator. The program’s compliance history was ninety-two percent (92%) as of 5/3/2024. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 1/5/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions During the visit, I observed the group with four- to five-year-old children engaged in free choice center play with books, blocks, sensory bin, farm animals, puzzles, and legos. While monitoring the classroom, I observed one (1) electrical outlet uncovered beside of the teachers desk. After free choice enter play, the children cleaned up and prepared to transition to the cafeteria. On the way to the cafeteria, the class stopped at the hallway restroom for the children restroom and wash hands prior to lunch. Both staff members were observed washing hands prior to lunch. When all the children were back in line, the class transitioned to the cafeteria for lunch. As the class entered the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. The children got their lunch trays and walked to the tables. Once at the tables, the teachers assisted the children with opening their lunch items. Lunch today consisted of Beef A Roni, salad, green beans, garlic bread, mandarin oranges, and milk. The teachers sat with the children during lunch and engaged in conversations with the children. The lead teacher gave a two (2) minute reminder to let the children know that they would be cleaning up in two (2) minutes. After the two (2) minutes, the children cleaned up their lunch trays and were dismissed from the tables one (1) at a time to throw away their trash. After the children threw away their trash, they lined up to prepare to transition to the restroom. When all children were in line, the class transitioned to the hallway restroom to use the restroom and wash hands. When each of the children were in line, the class transitioned to the classroom. Upon arrival into the classroom, the children put away their lunch boxes and got back in line. The class transitioned outdoors for gross motor play with trikes, balls, and balancing cups. While outdoors, the staff engaged in play and conversations with the children while actively supervising the children. After gross motor play, the class transitioned indoors to wash hands, and transition to the carpet. Once at group time, the teacher recapped what the children did today and began story time with The Big Red Barn. The last fire drill was practiced on 4/29/2024. The last emergency drill, shelter in place drill, was practiced on 4/15/2024. The last fire inspection was approved on 9/28/2023. The program’s most recent sanitation inspection was completed on 9/27/2023 with seven (7) demerits for a superior classification. The Emergency Medical Care Plan is posted and current. All medications were monitored and met requirements. The program does provide transportation and is maintained by Avery County Schools. The NC Pre-K Program Site Monitoring Tool was unable to be reviewed during the annual compliance visit conducted on 1/5/2024. During today’s visit, The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was available for reviewed. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations of child care requirements were observed today: Violation Number Comment Rule 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. Entering the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. One (1) electrical outlet uncovered in classroom beside the teachers desk. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. One (1) bottle of liquid Correct it Correction fluid with multiple warnings was observed in the top center teacher desk drawer. .2820(b) Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/23/2024. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Falsification of any information may result in a revocation of your license. You must maintain at least 75% Compliance History for each 18-month period as required by G.S. 110-90(4) (c). Please note any violations cited today and during future visits will negatively impact your compliance history. Repeated violations or violations left unresolved may lead to an administrative action. Technical Assistance for Correction Plan: Item #812 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (c) When not in use, electrical outlets and power strips located in space used by children shall have safety outlets or be covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. - Entering the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. One (1) electrical outlet uncovered in classroom beside the teachers desk. I recommend conducting a walk through of the facility prior the children arriving to ensure all outlets are covered and carrying extra safety plugs with you throughout the day. Item #840 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - One (1) bottle of liquid Correct it Correction fluid with multiple warnings was observed in the top center teacher desk drawer. The lead teacher moved the correction fluid to a locking cabinet during the visit. I recommend looking at all warning labels to ensure that the items are stored appropriately. Consultation: Today, we discussed the following: - We discussed that you are a part of Cohort 3 for rated license reassessments. The program’s year of preparation will begin 7/1/2025 and end 6/30/2026. The assessment year will begin 7/1/2026 and end 6/30/2027. We discussed that each staff member will need to update their WORKS account to reflect their most recently completed education. Also, be sure to take advantage of the preparation year assessment. - When menu substitutions occur, the menu needs to be updated prior to serving or as soon as you are aware of the change. - Medical documents and health questionnaires should be kept in a separate confidential file. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify me, may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Challenging behaviors helpline can be reached at 1-888-600-1685 Option 1. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
G.S. 110-90 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/9/2024 Number Present: 11 Completed Date: 5/9/2024 Age: From 4 To 5 Total Minutes: 176 Time In: 10:04 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your facility for compliance with applicable child care requirements for a routine unannounced visit. Upon arrival, I checked in at the front office. Justin Carver, Principal/Administrator walked me to the preschool classroom. Upon arrival at the classroom, I was greeted by Kayla Hayes, Lead Teacher. The program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. The center's compliance history was reviewed with the operator. The program’s compliance history was ninety-two percent (92%) as of 5/3/2024. Kayla Hayes, Lead Teacher, and Justin Carver, Principal/Administrator were on-site and available to assist with questions. The program’s annual compliance visit was conducted on 1/5/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions During the visit, I observed the group with four- to five-year-old children engaged in free choice center play with books, blocks, sensory bin, farm animals, puzzles, and legos. While monitoring the classroom, I observed one (1) electrical outlet uncovered beside of the teachers desk. After free choice enter play, the children cleaned up and prepared to transition to the cafeteria. On the way to the cafeteria, the class stopped at the hallway restroom for the children restroom and wash hands prior to lunch. Both staff members were observed washing hands prior to lunch. When all the children were back in line, the class transitioned to the cafeteria for lunch. As the class entered the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. The children got their lunch trays and walked to the tables. Once at the tables, the teachers assisted the children with opening their lunch items. Lunch today consisted of Beef A Roni, salad, green beans, garlic bread, mandarin oranges, and milk. The teachers sat with the children during lunch and engaged in conversations with the children. The lead teacher gave a two (2) minute reminder to let the children know that they would be cleaning up in two (2) minutes. After the two (2) minutes, the children cleaned up their lunch trays and were dismissed from the tables one (1) at a time to throw away their trash. After the children threw away their trash, they lined up to prepare to transition to the restroom. When all children were in line, the class transitioned to the hallway restroom to use the restroom and wash hands. When each of the children were in line, the class transitioned to the classroom. Upon arrival into the classroom, the children put away their lunch boxes and got back in line. The class transitioned outdoors for gross motor play with trikes, balls, and balancing cups. While outdoors, the staff engaged in play and conversations with the children while actively supervising the children. After gross motor play, the class transitioned indoors to wash hands, and transition to the carpet. Once at group time, the teacher recapped what the children did today and began story time with The Big Red Barn. The last fire drill was practiced on 4/29/2024. The last emergency drill, shelter in place drill, was practiced on 4/15/2024. The last fire inspection was approved on 9/28/2023. The program’s most recent sanitation inspection was completed on 9/27/2023 with seven (7) demerits for a superior classification. The Emergency Medical Care Plan is posted and current. All medications were monitored and met requirements. The program does provide transportation and is maintained by Avery County Schools. The NC Pre-K Program Site Monitoring Tool was unable to be reviewed during the annual compliance visit conducted on 1/5/2024. During today’s visit, The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was available for reviewed. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, Special Training including Health and Safety Training and Criminal Background Checks. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations of child care requirements were observed today: Violation Number Comment Rule 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. Entering the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. One (1) electrical outlet uncovered in classroom beside the teachers desk. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. One (1) bottle of liquid Correct it Correction fluid with multiple warnings was observed in the top center teacher desk drawer. .2820(b) Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/23/2024. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Falsification of any information may result in a revocation of your license. You must maintain at least 75% Compliance History for each 18-month period as required by G.S. 110-90(4) (c). Please note any violations cited today and during future visits will negatively impact your compliance history. Repeated violations or violations left unresolved may lead to an administrative action. Technical Assistance for Correction Plan: Item #812 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (c) When not in use, electrical outlets and power strips located in space used by children shall have safety outlets or be covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. - Entering the cafeteria, I observed one (1) electrical outlet uncovered to the right of the door near the preschool lunch tables. One (1) electrical outlet uncovered in classroom beside the teachers desk. I recommend conducting a walk through of the facility prior the children arriving to ensure all outlets are covered and carrying extra safety plugs with you throughout the day. Item #840 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - One (1) bottle of liquid Correct it Correction fluid with multiple warnings was observed in the top center teacher desk drawer. The lead teacher moved the correction fluid to a locking cabinet during the visit. I recommend looking at all warning labels to ensure that the items are stored appropriately. Consultation: Today, we discussed the following: - We discussed that you are a part of Cohort 3 for rated license reassessments. The program’s year of preparation will begin 7/1/2025 and end 6/30/2026. The assessment year will begin 7/1/2026 and end 6/30/2027. We discussed that each staff member will need to update their WORKS account to reflect their most recently completed education. Also, be sure to take advantage of the preparation year assessment. - When menu substitutions occur, the menu needs to be updated prior to serving or as soon as you are aware of the change. - Medical documents and health questionnaires should be kept in a separate confidential file. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify me, may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Challenging behaviors helpline can be reached at 1-888-600-1685 Option 1. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .0604 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 1/5/2024 Number Present: 16 Completed Date: 1/5/2024 Age: From 4 To 5 Total Minutes: 252 Time In: 09:48 AM Time Out: 02:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead teacher, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Upon arrival, I checked in at the front office and asked if the principal/administrator, Justin Carver was on site today. The office staff stated that he was not on campus today. Another staff member escorted me to the classroom and I was greeted by Kayla Hayes, Lead Teacher at the classroom and explained the reason for today’s visit. Kayla Hayes, Lead Teacher was on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-three percent (93%) as of 1/5/2024. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. The program does provide transportation and is maintained by Avery County Schools. The Public Schools Off-Site Verification form for Transportation Requirements was viewed and monitored for child care requirement. The last annual compliance visit was conducted on 1/25/2023. The last fire drill was practiced on 12/12/2023. The last lockdown drill was practiced on 12/5/2023. The last playground inspection was documented on 1/2/2024. The last fire inspection was approved on 9/28/2023. The last sanitation inspection was conducted on 9/27/2023 with seven (7) demerits for a superior classification. The Emergency Medical Care plan was posted and is current. The approved curriculum for four-year-old children is Creative Curriculum. During the visit, I observed the group with four- to five-year-old children engaged in gross motor play indoors in the gym. After gross motor play, the group used the restroom, washed hands, and returned to the classroom. Once in the classroom, the children transitioned to the carpet to prepare to transition to free play. During free play, the children engaged in free art, playdough, manipulatives, dramatic play, and blocks. After free play, the children lined up, used the restroom, and transitioned to lunch. Lunch today consisted of chicken wrap, salad, corn, and mixed fruit, and milk. All medications were monitored and meet requirements. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was not reviewed today. The staff must turn the site monitoring notebook into the county office. The Site Monitoring Tool notebook is currently housed at the county office. Staff-child ratios and maximum group sizes required in Child Care Rule 10A NCAC 09 .3009 were verified in compliance. A selection of files were monitored for completed health assessments and developmental screenings. You stated you have completed the developmental screenings. The center uses the Teaching Strategies Gold instrument to document evidence of children's ongoing progress and documentation was viewed today. The first day of school was August 14, 2023. The classroom operates from 7:30 a.m. to 2:30 p.m. Parent conferences are held one (1) time per year. You stated that you use class tag to communicate with parents. In addition, a newsletter is sent home to the parents which includes any information about the child’s day and any reminders. You verified that you incorporate family engagement by keeping a sign in sheet for each event or a log. During the visit, the Public School Off-Site Records Verification form for Staff records was viewed and on-site staff file requirements were monitored. Two (2) existing staff files were monitored during today’s visit. The Public Schools Off-Site Record Verification form for Children’s Records was viewed and on-site children’s file requirements were monitored. Two (2) children’s files were monitored. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 714 Openings in equipment, steps, decks, handrails, and fencing were not less than 3 1/2 inches or greater than 9 inches. Opening at the base of the double fence between playgrounds measured eight (8) inches. .0605(g) 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. Two (2) electrical outlets were uncovered on the power strip that is in use on the stage in the gym. Two (2) electrical outlets were observed in the hallway outside of the gym exit door. Electrical outlets were uncovered under the bathroom sinks. One (1) electrical outlet was uncovered at the lunch table in the cafeteria. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. One (1) container of clorox wipes and one (1) can of Lysol aerosol spray was located on the stage in the gym when the children were engaged in gross motor play. .2820(b) Technical assistance was provided as follows: Item #714 Openings in equipment, steps, decks, handrails, and fencing were not less than 3 1/2” or greater than 9”. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (g) Any openings in equipment, steps, decks, handrails, and fencing shall be smaller than 3 ½ inches or greater than 9 inches to prevent entrapment. - Opening at the base of the double fence between playgrounds measured eight (8) inches. I suggest requesting a workorder to adjust the gate or add lattice, or plastic piping to close the gap to prevent an entrapment. Item # 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (c) When not in use, electrical outlets and power strips located in space used by children shall have safety outlets or be covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. - Two (2) electrical outlets were uncovered on the power strip that is in use on the stage in the gym. Two (2) electrical outlets were observed in the hallway outside of the gym exit door. Electrical outlets were uncovered under the bathroom sinks. One (1) electrical outlet was uncovered at the lunch table in the cafeteria. I suggest looking closely at the electrical outlets in all areas that used by the children classroom, hallway, gym, cafeteria, and bathrooms). I recommend carrying extra safety plugs with you to be able to cover any uncovered outlets as you notice them. Item # 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - One (1) container of clorox wipes and one (1) can of Lysol aerosol spray was located on the stage in the gym when the children were engaged in gross motor play. The teacher corrected this during the visit. I suggest scanning the indoor area to ensure all hazardous products are stored appropriately. If items are out and accessible to children, I recommend you moving them to an appropriate storage area. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 1/19/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - We discussed that you are a part of Cohort 3 for rated license reassessments. The program’s year of preparation will begin 7/1/2025 and end 6/30/2026. The assessment year will begin 7/1/2026 and end 6/30/2027. We discussed that each staff member will need to update their WORKS account to reflect their most recently completed education. Also, be sure to take advantage of the preparation year assessment. - On going training hours for teacher assistants- Per NC Pre-K Requirements, teacher assistants must have fifteen (15) clock hours of on-going training yearly based on their employment date. Staff member DT hired 8/2000 needs fifteen (15) clock hours prior to August 2024. Currently staff member DT has seven (7) hour and thirty- four (34) minutes and will need seven (7) hours and twenty-six (26) minutes before August, 2024. - Teacher Assistant Education requirements- Per NC Pre-K Requirements, teacher assistants must have received a qualifying letter from our Workforce Education Unit certifying them as a Lead Teacher, may qualify to serve as an NC Pre- K Teacher Assistant. o If a Teacher Assistant has at least 9 EC credit hours on their qualifying letter, they will qualify as an NC Pre-K teacher Assistant for the 2023-2024 program year. o If a Teacher Assistant has less than 9 EC credit hours on their qualifying letter, they must enroll in approved EC courses and complete 9 EC credit hours by the end of the 2023-2024 program year. These courses must be completed by the spring of 2024 in order to count for the 2023-2024 program year. If a Teacher Assistant does not meet the aforementioned flexibilities, nor do they currently hold a CDA nor hold or are working towards an Associate Degree, they must enroll in CDA courses immediately in order to qualify as an NC Pre-K Teacher Assistant for the 2023-2024 school year. CDA must be completed by the end of the 2023-2024 program year. Teacher Assistants that do not meet the requirements of rule .3013 will not be approved to serve in the 2024-2025 school year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0304 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 1/5/2024 Number Present: 16 Completed Date: 1/5/2024 Age: From 4 To 5 Total Minutes: 252 Time In: 09:48 AM Time Out: 02:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead teacher, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Upon arrival, I checked in at the front office and asked if the principal/administrator, Justin Carver was on site today. The office staff stated that he was not on campus today. Another staff member escorted me to the classroom and I was greeted by Kayla Hayes, Lead Teacher at the classroom and explained the reason for today’s visit. Kayla Hayes, Lead Teacher was on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-three percent (93%) as of 1/5/2024. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. The program does provide transportation and is maintained by Avery County Schools. The Public Schools Off-Site Verification form for Transportation Requirements was viewed and monitored for child care requirement. The last annual compliance visit was conducted on 1/25/2023. The last fire drill was practiced on 12/12/2023. The last lockdown drill was practiced on 12/5/2023. The last playground inspection was documented on 1/2/2024. The last fire inspection was approved on 9/28/2023. The last sanitation inspection was conducted on 9/27/2023 with seven (7) demerits for a superior classification. The Emergency Medical Care plan was posted and is current. The approved curriculum for four-year-old children is Creative Curriculum. During the visit, I observed the group with four- to five-year-old children engaged in gross motor play indoors in the gym. After gross motor play, the group used the restroom, washed hands, and returned to the classroom. Once in the classroom, the children transitioned to the carpet to prepare to transition to free play. During free play, the children engaged in free art, playdough, manipulatives, dramatic play, and blocks. After free play, the children lined up, used the restroom, and transitioned to lunch. Lunch today consisted of chicken wrap, salad, corn, and mixed fruit, and milk. All medications were monitored and meet requirements. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was not reviewed today. The staff must turn the site monitoring notebook into the county office. The Site Monitoring Tool notebook is currently housed at the county office. Staff-child ratios and maximum group sizes required in Child Care Rule 10A NCAC 09 .3009 were verified in compliance. A selection of files were monitored for completed health assessments and developmental screenings. You stated you have completed the developmental screenings. The center uses the Teaching Strategies Gold instrument to document evidence of children's ongoing progress and documentation was viewed today. The first day of school was August 14, 2023. The classroom operates from 7:30 a.m. to 2:30 p.m. Parent conferences are held one (1) time per year. You stated that you use class tag to communicate with parents. In addition, a newsletter is sent home to the parents which includes any information about the child’s day and any reminders. You verified that you incorporate family engagement by keeping a sign in sheet for each event or a log. During the visit, the Public School Off-Site Records Verification form for Staff records was viewed and on-site staff file requirements were monitored. Two (2) existing staff files were monitored during today’s visit. The Public Schools Off-Site Record Verification form for Children’s Records was viewed and on-site children’s file requirements were monitored. Two (2) children’s files were monitored. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 714 Openings in equipment, steps, decks, handrails, and fencing were not less than 3 1/2 inches or greater than 9 inches. Opening at the base of the double fence between playgrounds measured eight (8) inches. .0605(g) 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. Two (2) electrical outlets were uncovered on the power strip that is in use on the stage in the gym. Two (2) electrical outlets were observed in the hallway outside of the gym exit door. Electrical outlets were uncovered under the bathroom sinks. One (1) electrical outlet was uncovered at the lunch table in the cafeteria. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. One (1) container of clorox wipes and one (1) can of Lysol aerosol spray was located on the stage in the gym when the children were engaged in gross motor play. .2820(b) Technical assistance was provided as follows: Item #714 Openings in equipment, steps, decks, handrails, and fencing were not less than 3 1/2” or greater than 9”. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (g) Any openings in equipment, steps, decks, handrails, and fencing shall be smaller than 3 ½ inches or greater than 9 inches to prevent entrapment. - Opening at the base of the double fence between playgrounds measured eight (8) inches. I suggest requesting a workorder to adjust the gate or add lattice, or plastic piping to close the gap to prevent an entrapment. Item # 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (c) When not in use, electrical outlets and power strips located in space used by children shall have safety outlets or be covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. - Two (2) electrical outlets were uncovered on the power strip that is in use on the stage in the gym. Two (2) electrical outlets were observed in the hallway outside of the gym exit door. Electrical outlets were uncovered under the bathroom sinks. One (1) electrical outlet was uncovered at the lunch table in the cafeteria. I suggest looking closely at the electrical outlets in all areas that used by the children classroom, hallway, gym, cafeteria, and bathrooms). I recommend carrying extra safety plugs with you to be able to cover any uncovered outlets as you notice them. Item # 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - One (1) container of clorox wipes and one (1) can of Lysol aerosol spray was located on the stage in the gym when the children were engaged in gross motor play. The teacher corrected this during the visit. I suggest scanning the indoor area to ensure all hazardous products are stored appropriately. If items are out and accessible to children, I recommend you moving them to an appropriate storage area. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 1/19/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - We discussed that you are a part of Cohort 3 for rated license reassessments. The program’s year of preparation will begin 7/1/2025 and end 6/30/2026. The assessment year will begin 7/1/2026 and end 6/30/2027. We discussed that each staff member will need to update their WORKS account to reflect their most recently completed education. Also, be sure to take advantage of the preparation year assessment. - On going training hours for teacher assistants- Per NC Pre-K Requirements, teacher assistants must have fifteen (15) clock hours of on-going training yearly based on their employment date. Staff member DT hired 8/2000 needs fifteen (15) clock hours prior to August 2024. Currently staff member DT has seven (7) hour and thirty- four (34) minutes and will need seven (7) hours and twenty-six (26) minutes before August, 2024. - Teacher Assistant Education requirements- Per NC Pre-K Requirements, teacher assistants must have received a qualifying letter from our Workforce Education Unit certifying them as a Lead Teacher, may qualify to serve as an NC Pre- K Teacher Assistant. o If a Teacher Assistant has at least 9 EC credit hours on their qualifying letter, they will qualify as an NC Pre-K teacher Assistant for the 2023-2024 program year. o If a Teacher Assistant has less than 9 EC credit hours on their qualifying letter, they must enroll in approved EC courses and complete 9 EC credit hours by the end of the 2023-2024 program year. These courses must be completed by the spring of 2024 in order to count for the 2023-2024 program year. If a Teacher Assistant does not meet the aforementioned flexibilities, nor do they currently hold a CDA nor hold or are working towards an Associate Degree, they must enroll in CDA courses immediately in order to qualify as an NC Pre-K Teacher Assistant for the 2023-2024 school year. CDA must be completed by the end of the 2023-2024 program year. Teacher Assistants that do not meet the requirements of rule .3013 will not be approved to serve in the 2024-2025 school year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .0604 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 1/5/2024 Number Present: 16 Completed Date: 1/5/2024 Age: From 4 To 5 Total Minutes: 252 Time In: 09:48 AM Time Out: 02:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead teacher, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Upon arrival, I checked in at the front office and asked if the principal/administrator, Justin Carver was on site today. The office staff stated that he was not on campus today. Another staff member escorted me to the classroom and I was greeted by Kayla Hayes, Lead Teacher at the classroom and explained the reason for today’s visit. Kayla Hayes, Lead Teacher was on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-three percent (93%) as of 1/5/2024. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. The program does provide transportation and is maintained by Avery County Schools. The Public Schools Off-Site Verification form for Transportation Requirements was viewed and monitored for child care requirement. The last annual compliance visit was conducted on 1/25/2023. The last fire drill was practiced on 12/12/2023. The last lockdown drill was practiced on 12/5/2023. The last playground inspection was documented on 1/2/2024. The last fire inspection was approved on 9/28/2023. The last sanitation inspection was conducted on 9/27/2023 with seven (7) demerits for a superior classification. The Emergency Medical Care plan was posted and is current. The approved curriculum for four-year-old children is Creative Curriculum. During the visit, I observed the group with four- to five-year-old children engaged in gross motor play indoors in the gym. After gross motor play, the group used the restroom, washed hands, and returned to the classroom. Once in the classroom, the children transitioned to the carpet to prepare to transition to free play. During free play, the children engaged in free art, playdough, manipulatives, dramatic play, and blocks. After free play, the children lined up, used the restroom, and transitioned to lunch. Lunch today consisted of chicken wrap, salad, corn, and mixed fruit, and milk. All medications were monitored and meet requirements. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was not reviewed today. The staff must turn the site monitoring notebook into the county office. The Site Monitoring Tool notebook is currently housed at the county office. Staff-child ratios and maximum group sizes required in Child Care Rule 10A NCAC 09 .3009 were verified in compliance. A selection of files were monitored for completed health assessments and developmental screenings. You stated you have completed the developmental screenings. The center uses the Teaching Strategies Gold instrument to document evidence of children's ongoing progress and documentation was viewed today. The first day of school was August 14, 2023. The classroom operates from 7:30 a.m. to 2:30 p.m. Parent conferences are held one (1) time per year. You stated that you use class tag to communicate with parents. In addition, a newsletter is sent home to the parents which includes any information about the child’s day and any reminders. You verified that you incorporate family engagement by keeping a sign in sheet for each event or a log. During the visit, the Public School Off-Site Records Verification form for Staff records was viewed and on-site staff file requirements were monitored. Two (2) existing staff files were monitored during today’s visit. The Public Schools Off-Site Record Verification form for Children’s Records was viewed and on-site children’s file requirements were monitored. Two (2) children’s files were monitored. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 714 Openings in equipment, steps, decks, handrails, and fencing were not less than 3 1/2 inches or greater than 9 inches. Opening at the base of the double fence between playgrounds measured eight (8) inches. .0605(g) 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. Two (2) electrical outlets were uncovered on the power strip that is in use on the stage in the gym. Two (2) electrical outlets were observed in the hallway outside of the gym exit door. Electrical outlets were uncovered under the bathroom sinks. One (1) electrical outlet was uncovered at the lunch table in the cafeteria. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. One (1) container of clorox wipes and one (1) can of Lysol aerosol spray was located on the stage in the gym when the children were engaged in gross motor play. .2820(b) Technical assistance was provided as follows: Item #714 Openings in equipment, steps, decks, handrails, and fencing were not less than 3 1/2” or greater than 9”. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (g) Any openings in equipment, steps, decks, handrails, and fencing shall be smaller than 3 ½ inches or greater than 9 inches to prevent entrapment. - Opening at the base of the double fence between playgrounds measured eight (8) inches. I suggest requesting a workorder to adjust the gate or add lattice, or plastic piping to close the gap to prevent an entrapment. Item # 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (c) When not in use, electrical outlets and power strips located in space used by children shall have safety outlets or be covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. - Two (2) electrical outlets were uncovered on the power strip that is in use on the stage in the gym. Two (2) electrical outlets were observed in the hallway outside of the gym exit door. Electrical outlets were uncovered under the bathroom sinks. One (1) electrical outlet was uncovered at the lunch table in the cafeteria. I suggest looking closely at the electrical outlets in all areas that used by the children classroom, hallway, gym, cafeteria, and bathrooms). I recommend carrying extra safety plugs with you to be able to cover any uncovered outlets as you notice them. Item # 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - One (1) container of clorox wipes and one (1) can of Lysol aerosol spray was located on the stage in the gym when the children were engaged in gross motor play. The teacher corrected this during the visit. I suggest scanning the indoor area to ensure all hazardous products are stored appropriately. If items are out and accessible to children, I recommend you moving them to an appropriate storage area. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 1/19/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - We discussed that you are a part of Cohort 3 for rated license reassessments. The program’s year of preparation will begin 7/1/2025 and end 6/30/2026. The assessment year will begin 7/1/2026 and end 6/30/2027. We discussed that each staff member will need to update their WORKS account to reflect their most recently completed education. Also, be sure to take advantage of the preparation year assessment. - On going training hours for teacher assistants- Per NC Pre-K Requirements, teacher assistants must have fifteen (15) clock hours of on-going training yearly based on their employment date. Staff member DT hired 8/2000 needs fifteen (15) clock hours prior to August 2024. Currently staff member DT has seven (7) hour and thirty- four (34) minutes and will need seven (7) hours and twenty-six (26) minutes before August, 2024. - Teacher Assistant Education requirements- Per NC Pre-K Requirements, teacher assistants must have received a qualifying letter from our Workforce Education Unit certifying them as a Lead Teacher, may qualify to serve as an NC Pre- K Teacher Assistant. o If a Teacher Assistant has at least 9 EC credit hours on their qualifying letter, they will qualify as an NC Pre-K teacher Assistant for the 2023-2024 program year. o If a Teacher Assistant has less than 9 EC credit hours on their qualifying letter, they must enroll in approved EC courses and complete 9 EC credit hours by the end of the 2023-2024 program year. These courses must be completed by the spring of 2024 in order to count for the 2023-2024 program year. If a Teacher Assistant does not meet the aforementioned flexibilities, nor do they currently hold a CDA nor hold or are working towards an Associate Degree, they must enroll in CDA courses immediately in order to qualify as an NC Pre-K Teacher Assistant for the 2023-2024 school year. CDA must be completed by the end of the 2023-2024 program year. Teacher Assistants that do not meet the requirements of rule .3013 will not be approved to serve in the 2024-2025 school year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .0605 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 1/5/2024 Number Present: 16 Completed Date: 1/5/2024 Age: From 4 To 5 Total Minutes: 252 Time In: 09:48 AM Time Out: 02:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead teacher, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Upon arrival, I checked in at the front office and asked if the principal/administrator, Justin Carver was on site today. The office staff stated that he was not on campus today. Another staff member escorted me to the classroom and I was greeted by Kayla Hayes, Lead Teacher at the classroom and explained the reason for today’s visit. Kayla Hayes, Lead Teacher was on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-three percent (93%) as of 1/5/2024. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. The program does provide transportation and is maintained by Avery County Schools. The Public Schools Off-Site Verification form for Transportation Requirements was viewed and monitored for child care requirement. The last annual compliance visit was conducted on 1/25/2023. The last fire drill was practiced on 12/12/2023. The last lockdown drill was practiced on 12/5/2023. The last playground inspection was documented on 1/2/2024. The last fire inspection was approved on 9/28/2023. The last sanitation inspection was conducted on 9/27/2023 with seven (7) demerits for a superior classification. The Emergency Medical Care plan was posted and is current. The approved curriculum for four-year-old children is Creative Curriculum. During the visit, I observed the group with four- to five-year-old children engaged in gross motor play indoors in the gym. After gross motor play, the group used the restroom, washed hands, and returned to the classroom. Once in the classroom, the children transitioned to the carpet to prepare to transition to free play. During free play, the children engaged in free art, playdough, manipulatives, dramatic play, and blocks. After free play, the children lined up, used the restroom, and transitioned to lunch. Lunch today consisted of chicken wrap, salad, corn, and mixed fruit, and milk. All medications were monitored and meet requirements. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was not reviewed today. The staff must turn the site monitoring notebook into the county office. The Site Monitoring Tool notebook is currently housed at the county office. Staff-child ratios and maximum group sizes required in Child Care Rule 10A NCAC 09 .3009 were verified in compliance. A selection of files were monitored for completed health assessments and developmental screenings. You stated you have completed the developmental screenings. The center uses the Teaching Strategies Gold instrument to document evidence of children's ongoing progress and documentation was viewed today. The first day of school was August 14, 2023. The classroom operates from 7:30 a.m. to 2:30 p.m. Parent conferences are held one (1) time per year. You stated that you use class tag to communicate with parents. In addition, a newsletter is sent home to the parents which includes any information about the child’s day and any reminders. You verified that you incorporate family engagement by keeping a sign in sheet for each event or a log. During the visit, the Public School Off-Site Records Verification form for Staff records was viewed and on-site staff file requirements were monitored. Two (2) existing staff files were monitored during today’s visit. The Public Schools Off-Site Record Verification form for Children’s Records was viewed and on-site children’s file requirements were monitored. Two (2) children’s files were monitored. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 714 Openings in equipment, steps, decks, handrails, and fencing were not less than 3 1/2 inches or greater than 9 inches. Opening at the base of the double fence between playgrounds measured eight (8) inches. .0605(g) 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. Two (2) electrical outlets were uncovered on the power strip that is in use on the stage in the gym. Two (2) electrical outlets were observed in the hallway outside of the gym exit door. Electrical outlets were uncovered under the bathroom sinks. One (1) electrical outlet was uncovered at the lunch table in the cafeteria. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. One (1) container of clorox wipes and one (1) can of Lysol aerosol spray was located on the stage in the gym when the children were engaged in gross motor play. .2820(b) Technical assistance was provided as follows: Item #714 Openings in equipment, steps, decks, handrails, and fencing were not less than 3 1/2” or greater than 9”. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (g) Any openings in equipment, steps, decks, handrails, and fencing shall be smaller than 3 ½ inches or greater than 9 inches to prevent entrapment. - Opening at the base of the double fence between playgrounds measured eight (8) inches. I suggest requesting a workorder to adjust the gate or add lattice, or plastic piping to close the gap to prevent an entrapment. Item # 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (c) When not in use, electrical outlets and power strips located in space used by children shall have safety outlets or be covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. - Two (2) electrical outlets were uncovered on the power strip that is in use on the stage in the gym. Two (2) electrical outlets were observed in the hallway outside of the gym exit door. Electrical outlets were uncovered under the bathroom sinks. One (1) electrical outlet was uncovered at the lunch table in the cafeteria. I suggest looking closely at the electrical outlets in all areas that used by the children classroom, hallway, gym, cafeteria, and bathrooms). I recommend carrying extra safety plugs with you to be able to cover any uncovered outlets as you notice them. Item # 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - One (1) container of clorox wipes and one (1) can of Lysol aerosol spray was located on the stage in the gym when the children were engaged in gross motor play. The teacher corrected this during the visit. I suggest scanning the indoor area to ensure all hazardous products are stored appropriately. If items are out and accessible to children, I recommend you moving them to an appropriate storage area. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 1/19/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - We discussed that you are a part of Cohort 3 for rated license reassessments. The program’s year of preparation will begin 7/1/2025 and end 6/30/2026. The assessment year will begin 7/1/2026 and end 6/30/2027. We discussed that each staff member will need to update their WORKS account to reflect their most recently completed education. Also, be sure to take advantage of the preparation year assessment. - On going training hours for teacher assistants- Per NC Pre-K Requirements, teacher assistants must have fifteen (15) clock hours of on-going training yearly based on their employment date. Staff member DT hired 8/2000 needs fifteen (15) clock hours prior to August 2024. Currently staff member DT has seven (7) hour and thirty- four (34) minutes and will need seven (7) hours and twenty-six (26) minutes before August, 2024. - Teacher Assistant Education requirements- Per NC Pre-K Requirements, teacher assistants must have received a qualifying letter from our Workforce Education Unit certifying them as a Lead Teacher, may qualify to serve as an NC Pre- K Teacher Assistant. o If a Teacher Assistant has at least 9 EC credit hours on their qualifying letter, they will qualify as an NC Pre-K teacher Assistant for the 2023-2024 program year. o If a Teacher Assistant has less than 9 EC credit hours on their qualifying letter, they must enroll in approved EC courses and complete 9 EC credit hours by the end of the 2023-2024 program year. These courses must be completed by the spring of 2024 in order to count for the 2023-2024 program year. If a Teacher Assistant does not meet the aforementioned flexibilities, nor do they currently hold a CDA nor hold or are working towards an Associate Degree, they must enroll in CDA courses immediately in order to qualify as an NC Pre-K Teacher Assistant for the 2023-2024 school year. CDA must be completed by the end of the 2023-2024 program year. Teacher Assistants that do not meet the requirements of rule .3013 will not be approved to serve in the 2024-2025 school year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .1102 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 1/5/2024 Number Present: 16 Completed Date: 1/5/2024 Age: From 4 To 5 Total Minutes: 252 Time In: 09:48 AM Time Out: 02:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead teacher, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Upon arrival, I checked in at the front office and asked if the principal/administrator, Justin Carver was on site today. The office staff stated that he was not on campus today. Another staff member escorted me to the classroom and I was greeted by Kayla Hayes, Lead Teacher at the classroom and explained the reason for today’s visit. Kayla Hayes, Lead Teacher was on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-three percent (93%) as of 1/5/2024. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. The program does provide transportation and is maintained by Avery County Schools. The Public Schools Off-Site Verification form for Transportation Requirements was viewed and monitored for child care requirement. The last annual compliance visit was conducted on 1/25/2023. The last fire drill was practiced on 12/12/2023. The last lockdown drill was practiced on 12/5/2023. The last playground inspection was documented on 1/2/2024. The last fire inspection was approved on 9/28/2023. The last sanitation inspection was conducted on 9/27/2023 with seven (7) demerits for a superior classification. The Emergency Medical Care plan was posted and is current. The approved curriculum for four-year-old children is Creative Curriculum. During the visit, I observed the group with four- to five-year-old children engaged in gross motor play indoors in the gym. After gross motor play, the group used the restroom, washed hands, and returned to the classroom. Once in the classroom, the children transitioned to the carpet to prepare to transition to free play. During free play, the children engaged in free art, playdough, manipulatives, dramatic play, and blocks. After free play, the children lined up, used the restroom, and transitioned to lunch. Lunch today consisted of chicken wrap, salad, corn, and mixed fruit, and milk. All medications were monitored and meet requirements. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was not reviewed today. The staff must turn the site monitoring notebook into the county office. The Site Monitoring Tool notebook is currently housed at the county office. Staff-child ratios and maximum group sizes required in Child Care Rule 10A NCAC 09 .3009 were verified in compliance. A selection of files were monitored for completed health assessments and developmental screenings. You stated you have completed the developmental screenings. The center uses the Teaching Strategies Gold instrument to document evidence of children's ongoing progress and documentation was viewed today. The first day of school was August 14, 2023. The classroom operates from 7:30 a.m. to 2:30 p.m. Parent conferences are held one (1) time per year. You stated that you use class tag to communicate with parents. In addition, a newsletter is sent home to the parents which includes any information about the child’s day and any reminders. You verified that you incorporate family engagement by keeping a sign in sheet for each event or a log. During the visit, the Public School Off-Site Records Verification form for Staff records was viewed and on-site staff file requirements were monitored. Two (2) existing staff files were monitored during today’s visit. The Public Schools Off-Site Record Verification form for Children’s Records was viewed and on-site children’s file requirements were monitored. Two (2) children’s files were monitored. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 714 Openings in equipment, steps, decks, handrails, and fencing were not less than 3 1/2 inches or greater than 9 inches. Opening at the base of the double fence between playgrounds measured eight (8) inches. .0605(g) 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. Two (2) electrical outlets were uncovered on the power strip that is in use on the stage in the gym. Two (2) electrical outlets were observed in the hallway outside of the gym exit door. Electrical outlets were uncovered under the bathroom sinks. One (1) electrical outlet was uncovered at the lunch table in the cafeteria. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. One (1) container of clorox wipes and one (1) can of Lysol aerosol spray was located on the stage in the gym when the children were engaged in gross motor play. .2820(b) Technical assistance was provided as follows: Item #714 Openings in equipment, steps, decks, handrails, and fencing were not less than 3 1/2” or greater than 9”. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (g) Any openings in equipment, steps, decks, handrails, and fencing shall be smaller than 3 ½ inches or greater than 9 inches to prevent entrapment. - Opening at the base of the double fence between playgrounds measured eight (8) inches. I suggest requesting a workorder to adjust the gate or add lattice, or plastic piping to close the gap to prevent an entrapment. Item # 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (c) When not in use, electrical outlets and power strips located in space used by children shall have safety outlets or be covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. - Two (2) electrical outlets were uncovered on the power strip that is in use on the stage in the gym. Two (2) electrical outlets were observed in the hallway outside of the gym exit door. Electrical outlets were uncovered under the bathroom sinks. One (1) electrical outlet was uncovered at the lunch table in the cafeteria. I suggest looking closely at the electrical outlets in all areas that used by the children classroom, hallway, gym, cafeteria, and bathrooms). I recommend carrying extra safety plugs with you to be able to cover any uncovered outlets as you notice them. Item # 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - One (1) container of clorox wipes and one (1) can of Lysol aerosol spray was located on the stage in the gym when the children were engaged in gross motor play. The teacher corrected this during the visit. I suggest scanning the indoor area to ensure all hazardous products are stored appropriately. If items are out and accessible to children, I recommend you moving them to an appropriate storage area. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 1/19/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - We discussed that you are a part of Cohort 3 for rated license reassessments. The program’s year of preparation will begin 7/1/2025 and end 6/30/2026. The assessment year will begin 7/1/2026 and end 6/30/2027. We discussed that each staff member will need to update their WORKS account to reflect their most recently completed education. Also, be sure to take advantage of the preparation year assessment. - On going training hours for teacher assistants- Per NC Pre-K Requirements, teacher assistants must have fifteen (15) clock hours of on-going training yearly based on their employment date. Staff member DT hired 8/2000 needs fifteen (15) clock hours prior to August 2024. Currently staff member DT has seven (7) hour and thirty- four (34) minutes and will need seven (7) hours and twenty-six (26) minutes before August, 2024. - Teacher Assistant Education requirements- Per NC Pre-K Requirements, teacher assistants must have received a qualifying letter from our Workforce Education Unit certifying them as a Lead Teacher, may qualify to serve as an NC Pre- K Teacher Assistant. o If a Teacher Assistant has at least 9 EC credit hours on their qualifying letter, they will qualify as an NC Pre-K teacher Assistant for the 2023-2024 program year. o If a Teacher Assistant has less than 9 EC credit hours on their qualifying letter, they must enroll in approved EC courses and complete 9 EC credit hours by the end of the 2023-2024 program year. These courses must be completed by the spring of 2024 in order to count for the 2023-2024 program year. If a Teacher Assistant does not meet the aforementioned flexibilities, nor do they currently hold a CDA nor hold or are working towards an Associate Degree, they must enroll in CDA courses immediately in order to qualify as an NC Pre-K Teacher Assistant for the 2023-2024 school year. CDA must be completed by the end of the 2023-2024 program year. Teacher Assistants that do not meet the requirements of rule .3013 will not be approved to serve in the 2024-2025 school year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .1703 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 1/5/2024 Number Present: 16 Completed Date: 1/5/2024 Age: From 4 To 5 Total Minutes: 252 Time In: 09:48 AM Time Out: 02:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead teacher, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Upon arrival, I checked in at the front office and asked if the principal/administrator, Justin Carver was on site today. The office staff stated that he was not on campus today. Another staff member escorted me to the classroom and I was greeted by Kayla Hayes, Lead Teacher at the classroom and explained the reason for today’s visit. Kayla Hayes, Lead Teacher was on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-three percent (93%) as of 1/5/2024. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. The program does provide transportation and is maintained by Avery County Schools. The Public Schools Off-Site Verification form for Transportation Requirements was viewed and monitored for child care requirement. The last annual compliance visit was conducted on 1/25/2023. The last fire drill was practiced on 12/12/2023. The last lockdown drill was practiced on 12/5/2023. The last playground inspection was documented on 1/2/2024. The last fire inspection was approved on 9/28/2023. The last sanitation inspection was conducted on 9/27/2023 with seven (7) demerits for a superior classification. The Emergency Medical Care plan was posted and is current. The approved curriculum for four-year-old children is Creative Curriculum. During the visit, I observed the group with four- to five-year-old children engaged in gross motor play indoors in the gym. After gross motor play, the group used the restroom, washed hands, and returned to the classroom. Once in the classroom, the children transitioned to the carpet to prepare to transition to free play. During free play, the children engaged in free art, playdough, manipulatives, dramatic play, and blocks. After free play, the children lined up, used the restroom, and transitioned to lunch. Lunch today consisted of chicken wrap, salad, corn, and mixed fruit, and milk. All medications were monitored and meet requirements. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was not reviewed today. The staff must turn the site monitoring notebook into the county office. The Site Monitoring Tool notebook is currently housed at the county office. Staff-child ratios and maximum group sizes required in Child Care Rule 10A NCAC 09 .3009 were verified in compliance. A selection of files were monitored for completed health assessments and developmental screenings. You stated you have completed the developmental screenings. The center uses the Teaching Strategies Gold instrument to document evidence of children's ongoing progress and documentation was viewed today. The first day of school was August 14, 2023. The classroom operates from 7:30 a.m. to 2:30 p.m. Parent conferences are held one (1) time per year. You stated that you use class tag to communicate with parents. In addition, a newsletter is sent home to the parents which includes any information about the child’s day and any reminders. You verified that you incorporate family engagement by keeping a sign in sheet for each event or a log. During the visit, the Public School Off-Site Records Verification form for Staff records was viewed and on-site staff file requirements were monitored. Two (2) existing staff files were monitored during today’s visit. The Public Schools Off-Site Record Verification form for Children’s Records was viewed and on-site children’s file requirements were monitored. Two (2) children’s files were monitored. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 714 Openings in equipment, steps, decks, handrails, and fencing were not less than 3 1/2 inches or greater than 9 inches. Opening at the base of the double fence between playgrounds measured eight (8) inches. .0605(g) 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. Two (2) electrical outlets were uncovered on the power strip that is in use on the stage in the gym. Two (2) electrical outlets were observed in the hallway outside of the gym exit door. Electrical outlets were uncovered under the bathroom sinks. One (1) electrical outlet was uncovered at the lunch table in the cafeteria. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. One (1) container of clorox wipes and one (1) can of Lysol aerosol spray was located on the stage in the gym when the children were engaged in gross motor play. .2820(b) Technical assistance was provided as follows: Item #714 Openings in equipment, steps, decks, handrails, and fencing were not less than 3 1/2” or greater than 9”. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (g) Any openings in equipment, steps, decks, handrails, and fencing shall be smaller than 3 ½ inches or greater than 9 inches to prevent entrapment. - Opening at the base of the double fence between playgrounds measured eight (8) inches. I suggest requesting a workorder to adjust the gate or add lattice, or plastic piping to close the gap to prevent an entrapment. Item # 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (c) When not in use, electrical outlets and power strips located in space used by children shall have safety outlets or be covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. - Two (2) electrical outlets were uncovered on the power strip that is in use on the stage in the gym. Two (2) electrical outlets were observed in the hallway outside of the gym exit door. Electrical outlets were uncovered under the bathroom sinks. One (1) electrical outlet was uncovered at the lunch table in the cafeteria. I suggest looking closely at the electrical outlets in all areas that used by the children classroom, hallway, gym, cafeteria, and bathrooms). I recommend carrying extra safety plugs with you to be able to cover any uncovered outlets as you notice them. Item # 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - One (1) container of clorox wipes and one (1) can of Lysol aerosol spray was located on the stage in the gym when the children were engaged in gross motor play. The teacher corrected this during the visit. I suggest scanning the indoor area to ensure all hazardous products are stored appropriately. If items are out and accessible to children, I recommend you moving them to an appropriate storage area. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 1/19/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - We discussed that you are a part of Cohort 3 for rated license reassessments. The program’s year of preparation will begin 7/1/2025 and end 6/30/2026. The assessment year will begin 7/1/2026 and end 6/30/2027. We discussed that each staff member will need to update their WORKS account to reflect their most recently completed education. Also, be sure to take advantage of the preparation year assessment. - On going training hours for teacher assistants- Per NC Pre-K Requirements, teacher assistants must have fifteen (15) clock hours of on-going training yearly based on their employment date. Staff member DT hired 8/2000 needs fifteen (15) clock hours prior to August 2024. Currently staff member DT has seven (7) hour and thirty- four (34) minutes and will need seven (7) hours and twenty-six (26) minutes before August, 2024. - Teacher Assistant Education requirements- Per NC Pre-K Requirements, teacher assistants must have received a qualifying letter from our Workforce Education Unit certifying them as a Lead Teacher, may qualify to serve as an NC Pre- K Teacher Assistant. o If a Teacher Assistant has at least 9 EC credit hours on their qualifying letter, they will qualify as an NC Pre-K teacher Assistant for the 2023-2024 program year. o If a Teacher Assistant has less than 9 EC credit hours on their qualifying letter, they must enroll in approved EC courses and complete 9 EC credit hours by the end of the 2023-2024 program year. These courses must be completed by the spring of 2024 in order to count for the 2023-2024 program year. If a Teacher Assistant does not meet the aforementioned flexibilities, nor do they currently hold a CDA nor hold or are working towards an Associate Degree, they must enroll in CDA courses immediately in order to qualify as an NC Pre-K Teacher Assistant for the 2023-2024 school year. CDA must be completed by the end of the 2023-2024 program year. Teacher Assistants that do not meet the requirements of rule .3013 will not be approved to serve in the 2024-2025 school year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .2830 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 1/5/2024 Number Present: 16 Completed Date: 1/5/2024 Age: From 4 To 5 Total Minutes: 252 Time In: 09:48 AM Time Out: 02:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead teacher, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Upon arrival, I checked in at the front office and asked if the principal/administrator, Justin Carver was on site today. The office staff stated that he was not on campus today. Another staff member escorted me to the classroom and I was greeted by Kayla Hayes, Lead Teacher at the classroom and explained the reason for today’s visit. Kayla Hayes, Lead Teacher was on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-three percent (93%) as of 1/5/2024. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. The program does provide transportation and is maintained by Avery County Schools. The Public Schools Off-Site Verification form for Transportation Requirements was viewed and monitored for child care requirement. The last annual compliance visit was conducted on 1/25/2023. The last fire drill was practiced on 12/12/2023. The last lockdown drill was practiced on 12/5/2023. The last playground inspection was documented on 1/2/2024. The last fire inspection was approved on 9/28/2023. The last sanitation inspection was conducted on 9/27/2023 with seven (7) demerits for a superior classification. The Emergency Medical Care plan was posted and is current. The approved curriculum for four-year-old children is Creative Curriculum. During the visit, I observed the group with four- to five-year-old children engaged in gross motor play indoors in the gym. After gross motor play, the group used the restroom, washed hands, and returned to the classroom. Once in the classroom, the children transitioned to the carpet to prepare to transition to free play. During free play, the children engaged in free art, playdough, manipulatives, dramatic play, and blocks. After free play, the children lined up, used the restroom, and transitioned to lunch. Lunch today consisted of chicken wrap, salad, corn, and mixed fruit, and milk. All medications were monitored and meet requirements. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was not reviewed today. The staff must turn the site monitoring notebook into the county office. The Site Monitoring Tool notebook is currently housed at the county office. Staff-child ratios and maximum group sizes required in Child Care Rule 10A NCAC 09 .3009 were verified in compliance. A selection of files were monitored for completed health assessments and developmental screenings. You stated you have completed the developmental screenings. The center uses the Teaching Strategies Gold instrument to document evidence of children's ongoing progress and documentation was viewed today. The first day of school was August 14, 2023. The classroom operates from 7:30 a.m. to 2:30 p.m. Parent conferences are held one (1) time per year. You stated that you use class tag to communicate with parents. In addition, a newsletter is sent home to the parents which includes any information about the child’s day and any reminders. You verified that you incorporate family engagement by keeping a sign in sheet for each event or a log. During the visit, the Public School Off-Site Records Verification form for Staff records was viewed and on-site staff file requirements were monitored. Two (2) existing staff files were monitored during today’s visit. The Public Schools Off-Site Record Verification form for Children’s Records was viewed and on-site children’s file requirements were monitored. Two (2) children’s files were monitored. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 714 Openings in equipment, steps, decks, handrails, and fencing were not less than 3 1/2 inches or greater than 9 inches. Opening at the base of the double fence between playgrounds measured eight (8) inches. .0605(g) 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. Two (2) electrical outlets were uncovered on the power strip that is in use on the stage in the gym. Two (2) electrical outlets were observed in the hallway outside of the gym exit door. Electrical outlets were uncovered under the bathroom sinks. One (1) electrical outlet was uncovered at the lunch table in the cafeteria. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. One (1) container of clorox wipes and one (1) can of Lysol aerosol spray was located on the stage in the gym when the children were engaged in gross motor play. .2820(b) Technical assistance was provided as follows: Item #714 Openings in equipment, steps, decks, handrails, and fencing were not less than 3 1/2” or greater than 9”. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (g) Any openings in equipment, steps, decks, handrails, and fencing shall be smaller than 3 ½ inches or greater than 9 inches to prevent entrapment. - Opening at the base of the double fence between playgrounds measured eight (8) inches. I suggest requesting a workorder to adjust the gate or add lattice, or plastic piping to close the gap to prevent an entrapment. Item # 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (c) When not in use, electrical outlets and power strips located in space used by children shall have safety outlets or be covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. - Two (2) electrical outlets were uncovered on the power strip that is in use on the stage in the gym. Two (2) electrical outlets were observed in the hallway outside of the gym exit door. Electrical outlets were uncovered under the bathroom sinks. One (1) electrical outlet was uncovered at the lunch table in the cafeteria. I suggest looking closely at the electrical outlets in all areas that used by the children classroom, hallway, gym, cafeteria, and bathrooms). I recommend carrying extra safety plugs with you to be able to cover any uncovered outlets as you notice them. Item # 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - One (1) container of clorox wipes and one (1) can of Lysol aerosol spray was located on the stage in the gym when the children were engaged in gross motor play. The teacher corrected this during the visit. I suggest scanning the indoor area to ensure all hazardous products are stored appropriately. If items are out and accessible to children, I recommend you moving them to an appropriate storage area. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 1/19/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - We discussed that you are a part of Cohort 3 for rated license reassessments. The program’s year of preparation will begin 7/1/2025 and end 6/30/2026. The assessment year will begin 7/1/2026 and end 6/30/2027. We discussed that each staff member will need to update their WORKS account to reflect their most recently completed education. Also, be sure to take advantage of the preparation year assessment. - On going training hours for teacher assistants- Per NC Pre-K Requirements, teacher assistants must have fifteen (15) clock hours of on-going training yearly based on their employment date. Staff member DT hired 8/2000 needs fifteen (15) clock hours prior to August 2024. Currently staff member DT has seven (7) hour and thirty- four (34) minutes and will need seven (7) hours and twenty-six (26) minutes before August, 2024. - Teacher Assistant Education requirements- Per NC Pre-K Requirements, teacher assistants must have received a qualifying letter from our Workforce Education Unit certifying them as a Lead Teacher, may qualify to serve as an NC Pre- K Teacher Assistant. o If a Teacher Assistant has at least 9 EC credit hours on their qualifying letter, they will qualify as an NC Pre-K teacher Assistant for the 2023-2024 program year. o If a Teacher Assistant has less than 9 EC credit hours on their qualifying letter, they must enroll in approved EC courses and complete 9 EC credit hours by the end of the 2023-2024 program year. These courses must be completed by the spring of 2024 in order to count for the 2023-2024 program year. If a Teacher Assistant does not meet the aforementioned flexibilities, nor do they currently hold a CDA nor hold or are working towards an Associate Degree, they must enroll in CDA courses immediately in order to qualify as an NC Pre-K Teacher Assistant for the 2023-2024 school year. CDA must be completed by the end of the 2023-2024 program year. Teacher Assistants that do not meet the requirements of rule .3013 will not be approved to serve in the 2024-2025 school year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .3009 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 1/5/2024 Number Present: 16 Completed Date: 1/5/2024 Age: From 4 To 5 Total Minutes: 252 Time In: 09:48 AM Time Out: 02:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead teacher, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Upon arrival, I checked in at the front office and asked if the principal/administrator, Justin Carver was on site today. The office staff stated that he was not on campus today. Another staff member escorted me to the classroom and I was greeted by Kayla Hayes, Lead Teacher at the classroom and explained the reason for today’s visit. Kayla Hayes, Lead Teacher was on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-three percent (93%) as of 1/5/2024. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. The program does provide transportation and is maintained by Avery County Schools. The Public Schools Off-Site Verification form for Transportation Requirements was viewed and monitored for child care requirement. The last annual compliance visit was conducted on 1/25/2023. The last fire drill was practiced on 12/12/2023. The last lockdown drill was practiced on 12/5/2023. The last playground inspection was documented on 1/2/2024. The last fire inspection was approved on 9/28/2023. The last sanitation inspection was conducted on 9/27/2023 with seven (7) demerits for a superior classification. The Emergency Medical Care plan was posted and is current. The approved curriculum for four-year-old children is Creative Curriculum. During the visit, I observed the group with four- to five-year-old children engaged in gross motor play indoors in the gym. After gross motor play, the group used the restroom, washed hands, and returned to the classroom. Once in the classroom, the children transitioned to the carpet to prepare to transition to free play. During free play, the children engaged in free art, playdough, manipulatives, dramatic play, and blocks. After free play, the children lined up, used the restroom, and transitioned to lunch. Lunch today consisted of chicken wrap, salad, corn, and mixed fruit, and milk. All medications were monitored and meet requirements. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was not reviewed today. The staff must turn the site monitoring notebook into the county office. The Site Monitoring Tool notebook is currently housed at the county office. Staff-child ratios and maximum group sizes required in Child Care Rule 10A NCAC 09 .3009 were verified in compliance. A selection of files were monitored for completed health assessments and developmental screenings. You stated you have completed the developmental screenings. The center uses the Teaching Strategies Gold instrument to document evidence of children's ongoing progress and documentation was viewed today. The first day of school was August 14, 2023. The classroom operates from 7:30 a.m. to 2:30 p.m. Parent conferences are held one (1) time per year. You stated that you use class tag to communicate with parents. In addition, a newsletter is sent home to the parents which includes any information about the child’s day and any reminders. You verified that you incorporate family engagement by keeping a sign in sheet for each event or a log. During the visit, the Public School Off-Site Records Verification form for Staff records was viewed and on-site staff file requirements were monitored. Two (2) existing staff files were monitored during today’s visit. The Public Schools Off-Site Record Verification form for Children’s Records was viewed and on-site children’s file requirements were monitored. Two (2) children’s files were monitored. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 714 Openings in equipment, steps, decks, handrails, and fencing were not less than 3 1/2 inches or greater than 9 inches. Opening at the base of the double fence between playgrounds measured eight (8) inches. .0605(g) 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. Two (2) electrical outlets were uncovered on the power strip that is in use on the stage in the gym. Two (2) electrical outlets were observed in the hallway outside of the gym exit door. Electrical outlets were uncovered under the bathroom sinks. One (1) electrical outlet was uncovered at the lunch table in the cafeteria. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. One (1) container of clorox wipes and one (1) can of Lysol aerosol spray was located on the stage in the gym when the children were engaged in gross motor play. .2820(b) Technical assistance was provided as follows: Item #714 Openings in equipment, steps, decks, handrails, and fencing were not less than 3 1/2” or greater than 9”. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (g) Any openings in equipment, steps, decks, handrails, and fencing shall be smaller than 3 ½ inches or greater than 9 inches to prevent entrapment. - Opening at the base of the double fence between playgrounds measured eight (8) inches. I suggest requesting a workorder to adjust the gate or add lattice, or plastic piping to close the gap to prevent an entrapment. Item # 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (c) When not in use, electrical outlets and power strips located in space used by children shall have safety outlets or be covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. - Two (2) electrical outlets were uncovered on the power strip that is in use on the stage in the gym. Two (2) electrical outlets were observed in the hallway outside of the gym exit door. Electrical outlets were uncovered under the bathroom sinks. One (1) electrical outlet was uncovered at the lunch table in the cafeteria. I suggest looking closely at the electrical outlets in all areas that used by the children classroom, hallway, gym, cafeteria, and bathrooms). I recommend carrying extra safety plugs with you to be able to cover any uncovered outlets as you notice them. Item # 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - One (1) container of clorox wipes and one (1) can of Lysol aerosol spray was located on the stage in the gym when the children were engaged in gross motor play. The teacher corrected this during the visit. I suggest scanning the indoor area to ensure all hazardous products are stored appropriately. If items are out and accessible to children, I recommend you moving them to an appropriate storage area. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 1/19/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - We discussed that you are a part of Cohort 3 for rated license reassessments. The program’s year of preparation will begin 7/1/2025 and end 6/30/2026. The assessment year will begin 7/1/2026 and end 6/30/2027. We discussed that each staff member will need to update their WORKS account to reflect their most recently completed education. Also, be sure to take advantage of the preparation year assessment. - On going training hours for teacher assistants- Per NC Pre-K Requirements, teacher assistants must have fifteen (15) clock hours of on-going training yearly based on their employment date. Staff member DT hired 8/2000 needs fifteen (15) clock hours prior to August 2024. Currently staff member DT has seven (7) hour and thirty- four (34) minutes and will need seven (7) hours and twenty-six (26) minutes before August, 2024. - Teacher Assistant Education requirements- Per NC Pre-K Requirements, teacher assistants must have received a qualifying letter from our Workforce Education Unit certifying them as a Lead Teacher, may qualify to serve as an NC Pre- K Teacher Assistant. o If a Teacher Assistant has at least 9 EC credit hours on their qualifying letter, they will qualify as an NC Pre-K teacher Assistant for the 2023-2024 program year. o If a Teacher Assistant has less than 9 EC credit hours on their qualifying letter, they must enroll in approved EC courses and complete 9 EC credit hours by the end of the 2023-2024 program year. These courses must be completed by the spring of 2024 in order to count for the 2023-2024 program year. If a Teacher Assistant does not meet the aforementioned flexibilities, nor do they currently hold a CDA nor hold or are working towards an Associate Degree, they must enroll in CDA courses immediately in order to qualify as an NC Pre-K Teacher Assistant for the 2023-2024 school year. CDA must be completed by the end of the 2023-2024 program year. Teacher Assistants that do not meet the requirements of rule .3013 will not be approved to serve in the 2024-2025 school year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
NC GS 110-90 · Violation
Name of Operation: BANNER ELK PRE-KINDERGARTEN Facility ID: 06000076 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 1/5/2024 Number Present: 16 Completed Date: 1/5/2024 Age: From 4 To 5 Total Minutes: 252 Time In: 09:48 AM Time Out: 02:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Kayla Hayes, Lead teacher, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Upon arrival, I checked in at the front office and asked if the principal/administrator, Justin Carver was on site today. The office staff stated that he was not on campus today. Another staff member escorted me to the classroom and I was greeted by Kayla Hayes, Lead Teacher at the classroom and explained the reason for today’s visit. Kayla Hayes, Lead Teacher was on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-three percent (93%) as of 1/5/2024. This program is operated by Avery County Schools and is located in Banner Elk Elementary School, and currently operates with a Five (5) Star Rated License effective 3/14/2023. The permit restrictions were in compliance including first shift (daytime care), meets enhanced space, meets reduced staff/child ratios. This program is approved to provide NC Pre-K program and transportation. This facility serves children with special needs. The program does provide transportation and is maintained by Avery County Schools. The Public Schools Off-Site Verification form for Transportation Requirements was viewed and monitored for child care requirement. The last annual compliance visit was conducted on 1/25/2023. The last fire drill was practiced on 12/12/2023. The last lockdown drill was practiced on 12/5/2023. The last playground inspection was documented on 1/2/2024. The last fire inspection was approved on 9/28/2023. The last sanitation inspection was conducted on 9/27/2023 with seven (7) demerits for a superior classification. The Emergency Medical Care plan was posted and is current. The approved curriculum for four-year-old children is Creative Curriculum. During the visit, I observed the group with four- to five-year-old children engaged in gross motor play indoors in the gym. After gross motor play, the group used the restroom, washed hands, and returned to the classroom. Once in the classroom, the children transitioned to the carpet to prepare to transition to free play. During free play, the children engaged in free art, playdough, manipulatives, dramatic play, and blocks. After free play, the children lined up, used the restroom, and transitioned to lunch. Lunch today consisted of chicken wrap, salad, corn, and mixed fruit, and milk. All medications were monitored and meet requirements. The NC Pre-K requirements in section .3000 of the childcare rules were monitored for compliance. The NC Pre-K Program Site Monitoring Tool was not reviewed today. The staff must turn the site monitoring notebook into the county office. The Site Monitoring Tool notebook is currently housed at the county office. Staff-child ratios and maximum group sizes required in Child Care Rule 10A NCAC 09 .3009 were verified in compliance. A selection of files were monitored for completed health assessments and developmental screenings. You stated you have completed the developmental screenings. The center uses the Teaching Strategies Gold instrument to document evidence of children's ongoing progress and documentation was viewed today. The first day of school was August 14, 2023. The classroom operates from 7:30 a.m. to 2:30 p.m. Parent conferences are held one (1) time per year. You stated that you use class tag to communicate with parents. In addition, a newsletter is sent home to the parents which includes any information about the child’s day and any reminders. You verified that you incorporate family engagement by keeping a sign in sheet for each event or a log. During the visit, the Public School Off-Site Records Verification form for Staff records was viewed and on-site staff file requirements were monitored. Two (2) existing staff files were monitored during today’s visit. The Public Schools Off-Site Record Verification form for Children’s Records was viewed and on-site children’s file requirements were monitored. Two (2) children’s files were monitored. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 714 Openings in equipment, steps, decks, handrails, and fencing were not less than 3 1/2 inches or greater than 9 inches. Opening at the base of the double fence between playgrounds measured eight (8) inches. .0605(g) 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. Two (2) electrical outlets were uncovered on the power strip that is in use on the stage in the gym. Two (2) electrical outlets were observed in the hallway outside of the gym exit door. Electrical outlets were uncovered under the bathroom sinks. One (1) electrical outlet was uncovered at the lunch table in the cafeteria. 10A NCAC 09 .0604(c) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. One (1) container of clorox wipes and one (1) can of Lysol aerosol spray was located on the stage in the gym when the children were engaged in gross motor play. .2820(b) Technical assistance was provided as follows: Item #714 Openings in equipment, steps, decks, handrails, and fencing were not less than 3 1/2” or greater than 9”. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (g) Any openings in equipment, steps, decks, handrails, and fencing shall be smaller than 3 ½ inches or greater than 9 inches to prevent entrapment. - Opening at the base of the double fence between playgrounds measured eight (8) inches. I suggest requesting a workorder to adjust the gate or add lattice, or plastic piping to close the gap to prevent an entrapment. Item # 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (c) When not in use, electrical outlets and power strips located in space used by children shall have safety outlets or be covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. - Two (2) electrical outlets were uncovered on the power strip that is in use on the stage in the gym. Two (2) electrical outlets were observed in the hallway outside of the gym exit door. Electrical outlets were uncovered under the bathroom sinks. One (1) electrical outlet was uncovered at the lunch table in the cafeteria. I suggest looking closely at the electrical outlets in all areas that used by the children classroom, hallway, gym, cafeteria, and bathrooms). I recommend carrying extra safety plugs with you to be able to cover any uncovered outlets as you notice them. Item # 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - One (1) container of clorox wipes and one (1) can of Lysol aerosol spray was located on the stage in the gym when the children were engaged in gross motor play. The teacher corrected this during the visit. I suggest scanning the indoor area to ensure all hazardous products are stored appropriately. If items are out and accessible to children, I recommend you moving them to an appropriate storage area. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 1/19/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - We discussed that you are a part of Cohort 3 for rated license reassessments. The program’s year of preparation will begin 7/1/2025 and end 6/30/2026. The assessment year will begin 7/1/2026 and end 6/30/2027. We discussed that each staff member will need to update their WORKS account to reflect their most recently completed education. Also, be sure to take advantage of the preparation year assessment. - On going training hours for teacher assistants- Per NC Pre-K Requirements, teacher assistants must have fifteen (15) clock hours of on-going training yearly based on their employment date. Staff member DT hired 8/2000 needs fifteen (15) clock hours prior to August 2024. Currently staff member DT has seven (7) hour and thirty- four (34) minutes and will need seven (7) hours and twenty-six (26) minutes before August, 2024. - Teacher Assistant Education requirements- Per NC Pre-K Requirements, teacher assistants must have received a qualifying letter from our Workforce Education Unit certifying them as a Lead Teacher, may qualify to serve as an NC Pre- K Teacher Assistant. o If a Teacher Assistant has at least 9 EC credit hours on their qualifying letter, they will qualify as an NC Pre-K teacher Assistant for the 2023-2024 program year. o If a Teacher Assistant has less than 9 EC credit hours on their qualifying letter, they must enroll in approved EC courses and complete 9 EC credit hours by the end of the 2023-2024 program year. These courses must be completed by the spring of 2024 in order to count for the 2023-2024 program year. If a Teacher Assistant does not meet the aforementioned flexibilities, nor do they currently hold a CDA nor hold or are working towards an Associate Degree, they must enroll in CDA courses immediately in order to qualify as an NC Pre-K Teacher Assistant for the 2023-2024 school year. CDA must be completed by the end of the 2023-2024 program year. Teacher Assistants that do not meet the requirements of rule .3013 will not be approved to serve in the 2024-2025 school year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
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Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.