Loading
Loading facility…
Pulling inspections, violations, and complaints.
Loading
Pulling inspections, violations, and complaints.
Home › NC › Blowing Rock › Sunny Side Academy
8100 Valley Blvd, Blowing Rock NC 28605 · License #95000172 · Center · Child Care Center
Not published by the state. Owners can add hours via profile claim.
When they operate
Ages served
10A NCAC 09 .0304 · Violation
Name of Operation: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 2/5/2026 Number Present: 26 Completed Date: 2/5/2026 Age: From 0 To 10 Total Minutes: 300 Time In: 10:30 AM Time Out: 03:30 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 me, Georgia Lee Marshall, Child Care Consultant and also signed by Amber Fairbetter, Administrator, during the visit. An electronic signed copy of the visit summary was left on-site and is available to be electronically emailed to you. The administrator was working in a classroom, but she was available to answer questions throughout my time at the facility. The indoor and outdoor areas were monitored today, including (but not limited to) supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. Limited monitoring was conducted outside due to snow and ice and the ground was frozen. 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 seventy-eight (78%) percentage as of 2/5/26. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Company, Sunny Side CDC, LLC, is current/active as of 2/5/26. Permit type – Four Star license, issued on September 11/2024 due to a name change to the LLC. Star Evaluation – Last Environmental Rating Scales: July 2020- With the new QRIS, you are due to apply between April and October 2026. Special Services/Restrictions – Daytime care only, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 2/25/25. The last fire drill was practiced on 1/23/26. The last shelter in place drill was practiced on 11/6/25. The last playground inspection was documented on 1/5/26. The last fire inspection was approved on 5/16/25. The last sanitation inspection was conducted on 10/31/25 with two (2) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed last on 4/24/24 without hazards. Lead-based paint and asbestos testing states- “Enrollment Started”. This needs to be completed. Upon my arrival, I greeted the assistant director, the teachers and the administrator who was working in the infant classroom. She stated that they are low on children and staff at the time, so she and the assistant director are sharing the infant classroom and administrative duties to make it work to get her required hours in. I started my observation in space #1B where they were listening to music and “Going on a Bear Hunt”. They started washing their hands with assistance to prepare for lunch. In space #2A the classroom of two- to four-year-old children were sitting at the tables waiting for lunch. In space #2B the group of preschool and school age children were sitting at the tables listening to the teacher read a story. One school-age child was sitting alone with his laptop tuning in to virtual school online since today was a Remote Learning Day due to inclement weather. In space #3 the group of infants were all sitting on the floor with the caregiver; they were crawling and scooting, sitting in a bouncer, one was being held/rocked to sleep. Lunch today consisted of chicken nuggets, green beans, bananas, whole wheat bread and milk. 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 program does not provide transportation. The following violations were documented during today’s visit: Violation Number Comment Rule 1044 Prior to the expiration date of the qualification letter, the child care provider did not complete and submit required forms to complete a criminal background check (a qualification letter is valid for a maximum of five years for the date of issuance). The criminal background check for A.F. expired on 10/14/25 but was not renewed until 1/12/26. Renewals must occur prior to their expiration dates. G.S. 110-90.2(b) & .2703(n)&(o) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. One file of an existing staff was monitored today. It did not have an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514(f) 1794 A Four- or Five- Star program serving four year old children was not implementing an approved curriculum. The classroom of preschoolers and school age children had an activity plan posted that was focused on the school age/home school children. It was not an approved curriculum. The rest of the facility seems to all be using Creative Curriculum, which is approved. .2802(d) 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. A drill was conducted 4/2025 and again in 8/2025, which is 4 months. .0604(u);.0302(d)(8) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The two new employees have completed the Recognizing and Responding to Suspicions of Child Maltreatment training, but it was past the first 90 days of employment. .1102(g) Technical assistance was provided as follows: Item #1232 One file of an existing staff was monitored today. It did not have an annual staff evaluation and a staff development plan. *It would be hard for the administrator to have an evaluation, however a staff development plan is required annually after the first year for all staff. Item #1044 The criminal background check for A.F. expired on 10/14/25 but was not renewed until 1/12/26. Renewals must occur prior to their expiration dates. *I would suggest making a spreadsheet for everyone and their deadlines. Some facilities have a white board that they use with due dates and of course adding the dates to your calendar also helps. Item #859 Monthly playground inspection was not conducted in the month of October 2025. *Make sure you conduct a playground inspection each month or document why it didn’t occur (for example during Tropical Store Helene). Item #1897 The two new employees have completed the Recognizing and Responding to Suspicions of Child Maltreatment training but it was past the 90 days of employment. *I would suggest making a spreadsheet for everyone and their deadlines. Some facilities have a white board that they use with due dates and of course adding the dates to your calendar also helps. Item #1794 The classroom of preschoolers and school age children had an activity plan posted that was focused on the school age/home school children. It was not an approved curriculum. The rest of the facility seems to all be using Creative Curriculum, which is approved. *I would suggest that an activity plan for the preschool children (even if two separate plans have to be made) be created using Creative Curriculum. Item #1811 An emergency drill is required every 3 months. A drill was conducted 4/2025 and again in 8/2025, which is 4 months. *Maybe you can set a reminder in your phone to keep you on track. **Reminder: A lock down drill is due this month in February 2026/ 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 February 19, 2026. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: lee.marshall@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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: • New rated license rules went into effect on 7/1/25. We discussed the new rules and the options that best apply to your child care facility; pathway 1, the program assessment option, or pathway 2, classroom instructional quality pathway. • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • The new Pathway to the Stars and QRIS System is here. You can find information on our website at https://ncchildcare.ncdhhs.gov/Provider/Licensing/Star-Rated-License/QRIS-Modernization and there are Moodle Modules to review the New Rule Rollout (training hours are given for these). • We discussed Outreach Assessment to learn more about the strengths and challenges program currently faces. • We discussed the lead paint and asbestos enrollment has been started, but needs to be completed. • In space #2B, the kitchen shelf in front of the bathroom is tall and could be a supervision issue. Talk to the teachers and have them look at the room and decide if they think it might be a supervision issue, especially with the bathroom right there. • In space #2A, the children were waiting at the tables for lunch without any games, fingerplays, stories or stimulation. It is hard for young children to wait with nothing to do, and this sometimes leads to behavior issues. I would suggest adding transitions into the day and other things to keep them occupied. “I am thinking of something in the sky that is white and fluffy?” Let each child take a turn. • It looks like the infant feeding plans might need to be updated. I would ask parents as they pick up their child to update the form at the back page/bottom. • The lead and asbestos testing states “enrollment started”, make sure you follow through on this to complete it. 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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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 .0514 · Violation
Name of Operation: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 2/5/2026 Number Present: 26 Completed Date: 2/5/2026 Age: From 0 To 10 Total Minutes: 300 Time In: 10:30 AM Time Out: 03:30 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 me, Georgia Lee Marshall, Child Care Consultant and also signed by Amber Fairbetter, Administrator, during the visit. An electronic signed copy of the visit summary was left on-site and is available to be electronically emailed to you. The administrator was working in a classroom, but she was available to answer questions throughout my time at the facility. The indoor and outdoor areas were monitored today, including (but not limited to) supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. Limited monitoring was conducted outside due to snow and ice and the ground was frozen. 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 seventy-eight (78%) percentage as of 2/5/26. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Company, Sunny Side CDC, LLC, is current/active as of 2/5/26. Permit type – Four Star license, issued on September 11/2024 due to a name change to the LLC. Star Evaluation – Last Environmental Rating Scales: July 2020- With the new QRIS, you are due to apply between April and October 2026. Special Services/Restrictions – Daytime care only, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 2/25/25. The last fire drill was practiced on 1/23/26. The last shelter in place drill was practiced on 11/6/25. The last playground inspection was documented on 1/5/26. The last fire inspection was approved on 5/16/25. The last sanitation inspection was conducted on 10/31/25 with two (2) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed last on 4/24/24 without hazards. Lead-based paint and asbestos testing states- “Enrollment Started”. This needs to be completed. Upon my arrival, I greeted the assistant director, the teachers and the administrator who was working in the infant classroom. She stated that they are low on children and staff at the time, so she and the assistant director are sharing the infant classroom and administrative duties to make it work to get her required hours in. I started my observation in space #1B where they were listening to music and “Going on a Bear Hunt”. They started washing their hands with assistance to prepare for lunch. In space #2A the classroom of two- to four-year-old children were sitting at the tables waiting for lunch. In space #2B the group of preschool and school age children were sitting at the tables listening to the teacher read a story. One school-age child was sitting alone with his laptop tuning in to virtual school online since today was a Remote Learning Day due to inclement weather. In space #3 the group of infants were all sitting on the floor with the caregiver; they were crawling and scooting, sitting in a bouncer, one was being held/rocked to sleep. Lunch today consisted of chicken nuggets, green beans, bananas, whole wheat bread and milk. 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 program does not provide transportation. The following violations were documented during today’s visit: Violation Number Comment Rule 1044 Prior to the expiration date of the qualification letter, the child care provider did not complete and submit required forms to complete a criminal background check (a qualification letter is valid for a maximum of five years for the date of issuance). The criminal background check for A.F. expired on 10/14/25 but was not renewed until 1/12/26. Renewals must occur prior to their expiration dates. G.S. 110-90.2(b) & .2703(n)&(o) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. One file of an existing staff was monitored today. It did not have an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514(f) 1794 A Four- or Five- Star program serving four year old children was not implementing an approved curriculum. The classroom of preschoolers and school age children had an activity plan posted that was focused on the school age/home school children. It was not an approved curriculum. The rest of the facility seems to all be using Creative Curriculum, which is approved. .2802(d) 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. A drill was conducted 4/2025 and again in 8/2025, which is 4 months. .0604(u);.0302(d)(8) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The two new employees have completed the Recognizing and Responding to Suspicions of Child Maltreatment training, but it was past the first 90 days of employment. .1102(g) Technical assistance was provided as follows: Item #1232 One file of an existing staff was monitored today. It did not have an annual staff evaluation and a staff development plan. *It would be hard for the administrator to have an evaluation, however a staff development plan is required annually after the first year for all staff. Item #1044 The criminal background check for A.F. expired on 10/14/25 but was not renewed until 1/12/26. Renewals must occur prior to their expiration dates. *I would suggest making a spreadsheet for everyone and their deadlines. Some facilities have a white board that they use with due dates and of course adding the dates to your calendar also helps. Item #859 Monthly playground inspection was not conducted in the month of October 2025. *Make sure you conduct a playground inspection each month or document why it didn’t occur (for example during Tropical Store Helene). Item #1897 The two new employees have completed the Recognizing and Responding to Suspicions of Child Maltreatment training but it was past the 90 days of employment. *I would suggest making a spreadsheet for everyone and their deadlines. Some facilities have a white board that they use with due dates and of course adding the dates to your calendar also helps. Item #1794 The classroom of preschoolers and school age children had an activity plan posted that was focused on the school age/home school children. It was not an approved curriculum. The rest of the facility seems to all be using Creative Curriculum, which is approved. *I would suggest that an activity plan for the preschool children (even if two separate plans have to be made) be created using Creative Curriculum. Item #1811 An emergency drill is required every 3 months. A drill was conducted 4/2025 and again in 8/2025, which is 4 months. *Maybe you can set a reminder in your phone to keep you on track. **Reminder: A lock down drill is due this month in February 2026/ 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 February 19, 2026. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: lee.marshall@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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: • New rated license rules went into effect on 7/1/25. We discussed the new rules and the options that best apply to your child care facility; pathway 1, the program assessment option, or pathway 2, classroom instructional quality pathway. • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • The new Pathway to the Stars and QRIS System is here. You can find information on our website at https://ncchildcare.ncdhhs.gov/Provider/Licensing/Star-Rated-License/QRIS-Modernization and there are Moodle Modules to review the New Rule Rollout (training hours are given for these). • We discussed Outreach Assessment to learn more about the strengths and challenges program currently faces. • We discussed the lead paint and asbestos enrollment has been started, but needs to be completed. • In space #2B, the kitchen shelf in front of the bathroom is tall and could be a supervision issue. Talk to the teachers and have them look at the room and decide if they think it might be a supervision issue, especially with the bathroom right there. • In space #2A, the children were waiting at the tables for lunch without any games, fingerplays, stories or stimulation. It is hard for young children to wait with nothing to do, and this sometimes leads to behavior issues. I would suggest adding transitions into the day and other things to keep them occupied. “I am thinking of something in the sky that is white and fluffy?” Let each child take a turn. • It looks like the infant feeding plans might need to be updated. I would ask parents as they pick up their child to update the form at the back page/bottom. • The lead and asbestos testing states “enrollment started”, make sure you follow through on this to complete it. 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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 2/5/2026 Number Present: 26 Completed Date: 2/5/2026 Age: From 0 To 10 Total Minutes: 300 Time In: 10:30 AM Time Out: 03:30 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 me, Georgia Lee Marshall, Child Care Consultant and also signed by Amber Fairbetter, Administrator, during the visit. An electronic signed copy of the visit summary was left on-site and is available to be electronically emailed to you. The administrator was working in a classroom, but she was available to answer questions throughout my time at the facility. The indoor and outdoor areas were monitored today, including (but not limited to) supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. Limited monitoring was conducted outside due to snow and ice and the ground was frozen. 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 seventy-eight (78%) percentage as of 2/5/26. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Company, Sunny Side CDC, LLC, is current/active as of 2/5/26. Permit type – Four Star license, issued on September 11/2024 due to a name change to the LLC. Star Evaluation – Last Environmental Rating Scales: July 2020- With the new QRIS, you are due to apply between April and October 2026. Special Services/Restrictions – Daytime care only, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 2/25/25. The last fire drill was practiced on 1/23/26. The last shelter in place drill was practiced on 11/6/25. The last playground inspection was documented on 1/5/26. The last fire inspection was approved on 5/16/25. The last sanitation inspection was conducted on 10/31/25 with two (2) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed last on 4/24/24 without hazards. Lead-based paint and asbestos testing states- “Enrollment Started”. This needs to be completed. Upon my arrival, I greeted the assistant director, the teachers and the administrator who was working in the infant classroom. She stated that they are low on children and staff at the time, so she and the assistant director are sharing the infant classroom and administrative duties to make it work to get her required hours in. I started my observation in space #1B where they were listening to music and “Going on a Bear Hunt”. They started washing their hands with assistance to prepare for lunch. In space #2A the classroom of two- to four-year-old children were sitting at the tables waiting for lunch. In space #2B the group of preschool and school age children were sitting at the tables listening to the teacher read a story. One school-age child was sitting alone with his laptop tuning in to virtual school online since today was a Remote Learning Day due to inclement weather. In space #3 the group of infants were all sitting on the floor with the caregiver; they were crawling and scooting, sitting in a bouncer, one was being held/rocked to sleep. Lunch today consisted of chicken nuggets, green beans, bananas, whole wheat bread and milk. 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 program does not provide transportation. The following violations were documented during today’s visit: Violation Number Comment Rule 1044 Prior to the expiration date of the qualification letter, the child care provider did not complete and submit required forms to complete a criminal background check (a qualification letter is valid for a maximum of five years for the date of issuance). The criminal background check for A.F. expired on 10/14/25 but was not renewed until 1/12/26. Renewals must occur prior to their expiration dates. G.S. 110-90.2(b) & .2703(n)&(o) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. One file of an existing staff was monitored today. It did not have an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514(f) 1794 A Four- or Five- Star program serving four year old children was not implementing an approved curriculum. The classroom of preschoolers and school age children had an activity plan posted that was focused on the school age/home school children. It was not an approved curriculum. The rest of the facility seems to all be using Creative Curriculum, which is approved. .2802(d) 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. A drill was conducted 4/2025 and again in 8/2025, which is 4 months. .0604(u);.0302(d)(8) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The two new employees have completed the Recognizing and Responding to Suspicions of Child Maltreatment training, but it was past the first 90 days of employment. .1102(g) Technical assistance was provided as follows: Item #1232 One file of an existing staff was monitored today. It did not have an annual staff evaluation and a staff development plan. *It would be hard for the administrator to have an evaluation, however a staff development plan is required annually after the first year for all staff. Item #1044 The criminal background check for A.F. expired on 10/14/25 but was not renewed until 1/12/26. Renewals must occur prior to their expiration dates. *I would suggest making a spreadsheet for everyone and their deadlines. Some facilities have a white board that they use with due dates and of course adding the dates to your calendar also helps. Item #859 Monthly playground inspection was not conducted in the month of October 2025. *Make sure you conduct a playground inspection each month or document why it didn’t occur (for example during Tropical Store Helene). Item #1897 The two new employees have completed the Recognizing and Responding to Suspicions of Child Maltreatment training but it was past the 90 days of employment. *I would suggest making a spreadsheet for everyone and their deadlines. Some facilities have a white board that they use with due dates and of course adding the dates to your calendar also helps. Item #1794 The classroom of preschoolers and school age children had an activity plan posted that was focused on the school age/home school children. It was not an approved curriculum. The rest of the facility seems to all be using Creative Curriculum, which is approved. *I would suggest that an activity plan for the preschool children (even if two separate plans have to be made) be created using Creative Curriculum. Item #1811 An emergency drill is required every 3 months. A drill was conducted 4/2025 and again in 8/2025, which is 4 months. *Maybe you can set a reminder in your phone to keep you on track. **Reminder: A lock down drill is due this month in February 2026/ 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 February 19, 2026. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: lee.marshall@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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: • New rated license rules went into effect on 7/1/25. We discussed the new rules and the options that best apply to your child care facility; pathway 1, the program assessment option, or pathway 2, classroom instructional quality pathway. • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • The new Pathway to the Stars and QRIS System is here. You can find information on our website at https://ncchildcare.ncdhhs.gov/Provider/Licensing/Star-Rated-License/QRIS-Modernization and there are Moodle Modules to review the New Rule Rollout (training hours are given for these). • We discussed Outreach Assessment to learn more about the strengths and challenges program currently faces. • We discussed the lead paint and asbestos enrollment has been started, but needs to be completed. • In space #2B, the kitchen shelf in front of the bathroom is tall and could be a supervision issue. Talk to the teachers and have them look at the room and decide if they think it might be a supervision issue, especially with the bathroom right there. • In space #2A, the children were waiting at the tables for lunch without any games, fingerplays, stories or stimulation. It is hard for young children to wait with nothing to do, and this sometimes leads to behavior issues. I would suggest adding transitions into the day and other things to keep them occupied. “I am thinking of something in the sky that is white and fluffy?” Let each child take a turn. • It looks like the infant feeding plans might need to be updated. I would ask parents as they pick up their child to update the form at the back page/bottom. • The lead and asbestos testing states “enrollment started”, make sure you follow through on this to complete it. 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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 2/5/2026 Number Present: 26 Completed Date: 2/5/2026 Age: From 0 To 10 Total Minutes: 300 Time In: 10:30 AM Time Out: 03:30 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 me, Georgia Lee Marshall, Child Care Consultant and also signed by Amber Fairbetter, Administrator, during the visit. An electronic signed copy of the visit summary was left on-site and is available to be electronically emailed to you. The administrator was working in a classroom, but she was available to answer questions throughout my time at the facility. The indoor and outdoor areas were monitored today, including (but not limited to) supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. Limited monitoring was conducted outside due to snow and ice and the ground was frozen. 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 seventy-eight (78%) percentage as of 2/5/26. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Company, Sunny Side CDC, LLC, is current/active as of 2/5/26. Permit type – Four Star license, issued on September 11/2024 due to a name change to the LLC. Star Evaluation – Last Environmental Rating Scales: July 2020- With the new QRIS, you are due to apply between April and October 2026. Special Services/Restrictions – Daytime care only, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 2/25/25. The last fire drill was practiced on 1/23/26. The last shelter in place drill was practiced on 11/6/25. The last playground inspection was documented on 1/5/26. The last fire inspection was approved on 5/16/25. The last sanitation inspection was conducted on 10/31/25 with two (2) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed last on 4/24/24 without hazards. Lead-based paint and asbestos testing states- “Enrollment Started”. This needs to be completed. Upon my arrival, I greeted the assistant director, the teachers and the administrator who was working in the infant classroom. She stated that they are low on children and staff at the time, so she and the assistant director are sharing the infant classroom and administrative duties to make it work to get her required hours in. I started my observation in space #1B where they were listening to music and “Going on a Bear Hunt”. They started washing their hands with assistance to prepare for lunch. In space #2A the classroom of two- to four-year-old children were sitting at the tables waiting for lunch. In space #2B the group of preschool and school age children were sitting at the tables listening to the teacher read a story. One school-age child was sitting alone with his laptop tuning in to virtual school online since today was a Remote Learning Day due to inclement weather. In space #3 the group of infants were all sitting on the floor with the caregiver; they were crawling and scooting, sitting in a bouncer, one was being held/rocked to sleep. Lunch today consisted of chicken nuggets, green beans, bananas, whole wheat bread and milk. 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 program does not provide transportation. The following violations were documented during today’s visit: Violation Number Comment Rule 1044 Prior to the expiration date of the qualification letter, the child care provider did not complete and submit required forms to complete a criminal background check (a qualification letter is valid for a maximum of five years for the date of issuance). The criminal background check for A.F. expired on 10/14/25 but was not renewed until 1/12/26. Renewals must occur prior to their expiration dates. G.S. 110-90.2(b) & .2703(n)&(o) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. One file of an existing staff was monitored today. It did not have an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514(f) 1794 A Four- or Five- Star program serving four year old children was not implementing an approved curriculum. The classroom of preschoolers and school age children had an activity plan posted that was focused on the school age/home school children. It was not an approved curriculum. The rest of the facility seems to all be using Creative Curriculum, which is approved. .2802(d) 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. A drill was conducted 4/2025 and again in 8/2025, which is 4 months. .0604(u);.0302(d)(8) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The two new employees have completed the Recognizing and Responding to Suspicions of Child Maltreatment training, but it was past the first 90 days of employment. .1102(g) Technical assistance was provided as follows: Item #1232 One file of an existing staff was monitored today. It did not have an annual staff evaluation and a staff development plan. *It would be hard for the administrator to have an evaluation, however a staff development plan is required annually after the first year for all staff. Item #1044 The criminal background check for A.F. expired on 10/14/25 but was not renewed until 1/12/26. Renewals must occur prior to their expiration dates. *I would suggest making a spreadsheet for everyone and their deadlines. Some facilities have a white board that they use with due dates and of course adding the dates to your calendar also helps. Item #859 Monthly playground inspection was not conducted in the month of October 2025. *Make sure you conduct a playground inspection each month or document why it didn’t occur (for example during Tropical Store Helene). Item #1897 The two new employees have completed the Recognizing and Responding to Suspicions of Child Maltreatment training but it was past the 90 days of employment. *I would suggest making a spreadsheet for everyone and their deadlines. Some facilities have a white board that they use with due dates and of course adding the dates to your calendar also helps. Item #1794 The classroom of preschoolers and school age children had an activity plan posted that was focused on the school age/home school children. It was not an approved curriculum. The rest of the facility seems to all be using Creative Curriculum, which is approved. *I would suggest that an activity plan for the preschool children (even if two separate plans have to be made) be created using Creative Curriculum. Item #1811 An emergency drill is required every 3 months. A drill was conducted 4/2025 and again in 8/2025, which is 4 months. *Maybe you can set a reminder in your phone to keep you on track. **Reminder: A lock down drill is due this month in February 2026/ 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 February 19, 2026. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: lee.marshall@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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: • New rated license rules went into effect on 7/1/25. We discussed the new rules and the options that best apply to your child care facility; pathway 1, the program assessment option, or pathway 2, classroom instructional quality pathway. • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • The new Pathway to the Stars and QRIS System is here. You can find information on our website at https://ncchildcare.ncdhhs.gov/Provider/Licensing/Star-Rated-License/QRIS-Modernization and there are Moodle Modules to review the New Rule Rollout (training hours are given for these). • We discussed Outreach Assessment to learn more about the strengths and challenges program currently faces. • We discussed the lead paint and asbestos enrollment has been started, but needs to be completed. • In space #2B, the kitchen shelf in front of the bathroom is tall and could be a supervision issue. Talk to the teachers and have them look at the room and decide if they think it might be a supervision issue, especially with the bathroom right there. • In space #2A, the children were waiting at the tables for lunch without any games, fingerplays, stories or stimulation. It is hard for young children to wait with nothing to do, and this sometimes leads to behavior issues. I would suggest adding transitions into the day and other things to keep them occupied. “I am thinking of something in the sky that is white and fluffy?” Let each child take a turn. • It looks like the infant feeding plans might need to be updated. I would ask parents as they pick up their child to update the form at the back page/bottom. • The lead and asbestos testing states “enrollment started”, make sure you follow through on this to complete it. 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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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 .3222 · Violation
Name of Operation: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 2/5/2026 Number Present: 26 Completed Date: 2/5/2026 Age: From 0 To 10 Total Minutes: 300 Time In: 10:30 AM Time Out: 03:30 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 me, Georgia Lee Marshall, Child Care Consultant and also signed by Amber Fairbetter, Administrator, during the visit. An electronic signed copy of the visit summary was left on-site and is available to be electronically emailed to you. The administrator was working in a classroom, but she was available to answer questions throughout my time at the facility. The indoor and outdoor areas were monitored today, including (but not limited to) supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. Limited monitoring was conducted outside due to snow and ice and the ground was frozen. 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 seventy-eight (78%) percentage as of 2/5/26. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Company, Sunny Side CDC, LLC, is current/active as of 2/5/26. Permit type – Four Star license, issued on September 11/2024 due to a name change to the LLC. Star Evaluation – Last Environmental Rating Scales: July 2020- With the new QRIS, you are due to apply between April and October 2026. Special Services/Restrictions – Daytime care only, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 2/25/25. The last fire drill was practiced on 1/23/26. The last shelter in place drill was practiced on 11/6/25. The last playground inspection was documented on 1/5/26. The last fire inspection was approved on 5/16/25. The last sanitation inspection was conducted on 10/31/25 with two (2) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed last on 4/24/24 without hazards. Lead-based paint and asbestos testing states- “Enrollment Started”. This needs to be completed. Upon my arrival, I greeted the assistant director, the teachers and the administrator who was working in the infant classroom. She stated that they are low on children and staff at the time, so she and the assistant director are sharing the infant classroom and administrative duties to make it work to get her required hours in. I started my observation in space #1B where they were listening to music and “Going on a Bear Hunt”. They started washing their hands with assistance to prepare for lunch. In space #2A the classroom of two- to four-year-old children were sitting at the tables waiting for lunch. In space #2B the group of preschool and school age children were sitting at the tables listening to the teacher read a story. One school-age child was sitting alone with his laptop tuning in to virtual school online since today was a Remote Learning Day due to inclement weather. In space #3 the group of infants were all sitting on the floor with the caregiver; they were crawling and scooting, sitting in a bouncer, one was being held/rocked to sleep. Lunch today consisted of chicken nuggets, green beans, bananas, whole wheat bread and milk. 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 program does not provide transportation. The following violations were documented during today’s visit: Violation Number Comment Rule 1044 Prior to the expiration date of the qualification letter, the child care provider did not complete and submit required forms to complete a criminal background check (a qualification letter is valid for a maximum of five years for the date of issuance). The criminal background check for A.F. expired on 10/14/25 but was not renewed until 1/12/26. Renewals must occur prior to their expiration dates. G.S. 110-90.2(b) & .2703(n)&(o) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. One file of an existing staff was monitored today. It did not have an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514(f) 1794 A Four- or Five- Star program serving four year old children was not implementing an approved curriculum. The classroom of preschoolers and school age children had an activity plan posted that was focused on the school age/home school children. It was not an approved curriculum. The rest of the facility seems to all be using Creative Curriculum, which is approved. .2802(d) 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. A drill was conducted 4/2025 and again in 8/2025, which is 4 months. .0604(u);.0302(d)(8) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The two new employees have completed the Recognizing and Responding to Suspicions of Child Maltreatment training, but it was past the first 90 days of employment. .1102(g) Technical assistance was provided as follows: Item #1232 One file of an existing staff was monitored today. It did not have an annual staff evaluation and a staff development plan. *It would be hard for the administrator to have an evaluation, however a staff development plan is required annually after the first year for all staff. Item #1044 The criminal background check for A.F. expired on 10/14/25 but was not renewed until 1/12/26. Renewals must occur prior to their expiration dates. *I would suggest making a spreadsheet for everyone and their deadlines. Some facilities have a white board that they use with due dates and of course adding the dates to your calendar also helps. Item #859 Monthly playground inspection was not conducted in the month of October 2025. *Make sure you conduct a playground inspection each month or document why it didn’t occur (for example during Tropical Store Helene). Item #1897 The two new employees have completed the Recognizing and Responding to Suspicions of Child Maltreatment training but it was past the 90 days of employment. *I would suggest making a spreadsheet for everyone and their deadlines. Some facilities have a white board that they use with due dates and of course adding the dates to your calendar also helps. Item #1794 The classroom of preschoolers and school age children had an activity plan posted that was focused on the school age/home school children. It was not an approved curriculum. The rest of the facility seems to all be using Creative Curriculum, which is approved. *I would suggest that an activity plan for the preschool children (even if two separate plans have to be made) be created using Creative Curriculum. Item #1811 An emergency drill is required every 3 months. A drill was conducted 4/2025 and again in 8/2025, which is 4 months. *Maybe you can set a reminder in your phone to keep you on track. **Reminder: A lock down drill is due this month in February 2026/ 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 February 19, 2026. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: lee.marshall@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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: • New rated license rules went into effect on 7/1/25. We discussed the new rules and the options that best apply to your child care facility; pathway 1, the program assessment option, or pathway 2, classroom instructional quality pathway. • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • The new Pathway to the Stars and QRIS System is here. You can find information on our website at https://ncchildcare.ncdhhs.gov/Provider/Licensing/Star-Rated-License/QRIS-Modernization and there are Moodle Modules to review the New Rule Rollout (training hours are given for these). • We discussed Outreach Assessment to learn more about the strengths and challenges program currently faces. • We discussed the lead paint and asbestos enrollment has been started, but needs to be completed. • In space #2B, the kitchen shelf in front of the bathroom is tall and could be a supervision issue. Talk to the teachers and have them look at the room and decide if they think it might be a supervision issue, especially with the bathroom right there. • In space #2A, the children were waiting at the tables for lunch without any games, fingerplays, stories or stimulation. It is hard for young children to wait with nothing to do, and this sometimes leads to behavior issues. I would suggest adding transitions into the day and other things to keep them occupied. “I am thinking of something in the sky that is white and fluffy?” Let each child take a turn. • It looks like the infant feeding plans might need to be updated. I would ask parents as they pick up their child to update the form at the back page/bottom. • The lead and asbestos testing states “enrollment started”, make sure you follow through on this to complete it. 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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 2/5/2026 Number Present: 26 Completed Date: 2/5/2026 Age: From 0 To 10 Total Minutes: 300 Time In: 10:30 AM Time Out: 03:30 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 me, Georgia Lee Marshall, Child Care Consultant and also signed by Amber Fairbetter, Administrator, during the visit. An electronic signed copy of the visit summary was left on-site and is available to be electronically emailed to you. The administrator was working in a classroom, but she was available to answer questions throughout my time at the facility. The indoor and outdoor areas were monitored today, including (but not limited to) supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. Limited monitoring was conducted outside due to snow and ice and the ground was frozen. 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 seventy-eight (78%) percentage as of 2/5/26. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Company, Sunny Side CDC, LLC, is current/active as of 2/5/26. Permit type – Four Star license, issued on September 11/2024 due to a name change to the LLC. Star Evaluation – Last Environmental Rating Scales: July 2020- With the new QRIS, you are due to apply between April and October 2026. Special Services/Restrictions – Daytime care only, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 2/25/25. The last fire drill was practiced on 1/23/26. The last shelter in place drill was practiced on 11/6/25. The last playground inspection was documented on 1/5/26. The last fire inspection was approved on 5/16/25. The last sanitation inspection was conducted on 10/31/25 with two (2) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed last on 4/24/24 without hazards. Lead-based paint and asbestos testing states- “Enrollment Started”. This needs to be completed. Upon my arrival, I greeted the assistant director, the teachers and the administrator who was working in the infant classroom. She stated that they are low on children and staff at the time, so she and the assistant director are sharing the infant classroom and administrative duties to make it work to get her required hours in. I started my observation in space #1B where they were listening to music and “Going on a Bear Hunt”. They started washing their hands with assistance to prepare for lunch. In space #2A the classroom of two- to four-year-old children were sitting at the tables waiting for lunch. In space #2B the group of preschool and school age children were sitting at the tables listening to the teacher read a story. One school-age child was sitting alone with his laptop tuning in to virtual school online since today was a Remote Learning Day due to inclement weather. In space #3 the group of infants were all sitting on the floor with the caregiver; they were crawling and scooting, sitting in a bouncer, one was being held/rocked to sleep. Lunch today consisted of chicken nuggets, green beans, bananas, whole wheat bread and milk. 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 program does not provide transportation. The following violations were documented during today’s visit: Violation Number Comment Rule 1044 Prior to the expiration date of the qualification letter, the child care provider did not complete and submit required forms to complete a criminal background check (a qualification letter is valid for a maximum of five years for the date of issuance). The criminal background check for A.F. expired on 10/14/25 but was not renewed until 1/12/26. Renewals must occur prior to their expiration dates. G.S. 110-90.2(b) & .2703(n)&(o) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. One file of an existing staff was monitored today. It did not have an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514(f) 1794 A Four- or Five- Star program serving four year old children was not implementing an approved curriculum. The classroom of preschoolers and school age children had an activity plan posted that was focused on the school age/home school children. It was not an approved curriculum. The rest of the facility seems to all be using Creative Curriculum, which is approved. .2802(d) 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. A drill was conducted 4/2025 and again in 8/2025, which is 4 months. .0604(u);.0302(d)(8) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The two new employees have completed the Recognizing and Responding to Suspicions of Child Maltreatment training, but it was past the first 90 days of employment. .1102(g) Technical assistance was provided as follows: Item #1232 One file of an existing staff was monitored today. It did not have an annual staff evaluation and a staff development plan. *It would be hard for the administrator to have an evaluation, however a staff development plan is required annually after the first year for all staff. Item #1044 The criminal background check for A.F. expired on 10/14/25 but was not renewed until 1/12/26. Renewals must occur prior to their expiration dates. *I would suggest making a spreadsheet for everyone and their deadlines. Some facilities have a white board that they use with due dates and of course adding the dates to your calendar also helps. Item #859 Monthly playground inspection was not conducted in the month of October 2025. *Make sure you conduct a playground inspection each month or document why it didn’t occur (for example during Tropical Store Helene). Item #1897 The two new employees have completed the Recognizing and Responding to Suspicions of Child Maltreatment training but it was past the 90 days of employment. *I would suggest making a spreadsheet for everyone and their deadlines. Some facilities have a white board that they use with due dates and of course adding the dates to your calendar also helps. Item #1794 The classroom of preschoolers and school age children had an activity plan posted that was focused on the school age/home school children. It was not an approved curriculum. The rest of the facility seems to all be using Creative Curriculum, which is approved. *I would suggest that an activity plan for the preschool children (even if two separate plans have to be made) be created using Creative Curriculum. Item #1811 An emergency drill is required every 3 months. A drill was conducted 4/2025 and again in 8/2025, which is 4 months. *Maybe you can set a reminder in your phone to keep you on track. **Reminder: A lock down drill is due this month in February 2026/ 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 February 19, 2026. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: lee.marshall@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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: • New rated license rules went into effect on 7/1/25. We discussed the new rules and the options that best apply to your child care facility; pathway 1, the program assessment option, or pathway 2, classroom instructional quality pathway. • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • The new Pathway to the Stars and QRIS System is here. You can find information on our website at https://ncchildcare.ncdhhs.gov/Provider/Licensing/Star-Rated-License/QRIS-Modernization and there are Moodle Modules to review the New Rule Rollout (training hours are given for these). • We discussed Outreach Assessment to learn more about the strengths and challenges program currently faces. • We discussed the lead paint and asbestos enrollment has been started, but needs to be completed. • In space #2B, the kitchen shelf in front of the bathroom is tall and could be a supervision issue. Talk to the teachers and have them look at the room and decide if they think it might be a supervision issue, especially with the bathroom right there. • In space #2A, the children were waiting at the tables for lunch without any games, fingerplays, stories or stimulation. It is hard for young children to wait with nothing to do, and this sometimes leads to behavior issues. I would suggest adding transitions into the day and other things to keep them occupied. “I am thinking of something in the sky that is white and fluffy?” Let each child take a turn. • It looks like the infant feeding plans might need to be updated. I would ask parents as they pick up their child to update the form at the back page/bottom. • The lead and asbestos testing states “enrollment started”, make sure you follow through on this to complete it. 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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 2/5/2026 Number Present: 26 Completed Date: 2/5/2026 Age: From 0 To 10 Total Minutes: 300 Time In: 10:30 AM Time Out: 03:30 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 me, Georgia Lee Marshall, Child Care Consultant and also signed by Amber Fairbetter, Administrator, during the visit. An electronic signed copy of the visit summary was left on-site and is available to be electronically emailed to you. The administrator was working in a classroom, but she was available to answer questions throughout my time at the facility. The indoor and outdoor areas were monitored today, including (but not limited to) supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. Limited monitoring was conducted outside due to snow and ice and the ground was frozen. 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 seventy-eight (78%) percentage as of 2/5/26. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Company, Sunny Side CDC, LLC, is current/active as of 2/5/26. Permit type – Four Star license, issued on September 11/2024 due to a name change to the LLC. Star Evaluation – Last Environmental Rating Scales: July 2020- With the new QRIS, you are due to apply between April and October 2026. Special Services/Restrictions – Daytime care only, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 2/25/25. The last fire drill was practiced on 1/23/26. The last shelter in place drill was practiced on 11/6/25. The last playground inspection was documented on 1/5/26. The last fire inspection was approved on 5/16/25. The last sanitation inspection was conducted on 10/31/25 with two (2) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed last on 4/24/24 without hazards. Lead-based paint and asbestos testing states- “Enrollment Started”. This needs to be completed. Upon my arrival, I greeted the assistant director, the teachers and the administrator who was working in the infant classroom. She stated that they are low on children and staff at the time, so she and the assistant director are sharing the infant classroom and administrative duties to make it work to get her required hours in. I started my observation in space #1B where they were listening to music and “Going on a Bear Hunt”. They started washing their hands with assistance to prepare for lunch. In space #2A the classroom of two- to four-year-old children were sitting at the tables waiting for lunch. In space #2B the group of preschool and school age children were sitting at the tables listening to the teacher read a story. One school-age child was sitting alone with his laptop tuning in to virtual school online since today was a Remote Learning Day due to inclement weather. In space #3 the group of infants were all sitting on the floor with the caregiver; they were crawling and scooting, sitting in a bouncer, one was being held/rocked to sleep. Lunch today consisted of chicken nuggets, green beans, bananas, whole wheat bread and milk. 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 program does not provide transportation. The following violations were documented during today’s visit: Violation Number Comment Rule 1044 Prior to the expiration date of the qualification letter, the child care provider did not complete and submit required forms to complete a criminal background check (a qualification letter is valid for a maximum of five years for the date of issuance). The criminal background check for A.F. expired on 10/14/25 but was not renewed until 1/12/26. Renewals must occur prior to their expiration dates. G.S. 110-90.2(b) & .2703(n)&(o) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. One file of an existing staff was monitored today. It did not have an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514(f) 1794 A Four- or Five- Star program serving four year old children was not implementing an approved curriculum. The classroom of preschoolers and school age children had an activity plan posted that was focused on the school age/home school children. It was not an approved curriculum. The rest of the facility seems to all be using Creative Curriculum, which is approved. .2802(d) 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. A drill was conducted 4/2025 and again in 8/2025, which is 4 months. .0604(u);.0302(d)(8) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The two new employees have completed the Recognizing and Responding to Suspicions of Child Maltreatment training, but it was past the first 90 days of employment. .1102(g) Technical assistance was provided as follows: Item #1232 One file of an existing staff was monitored today. It did not have an annual staff evaluation and a staff development plan. *It would be hard for the administrator to have an evaluation, however a staff development plan is required annually after the first year for all staff. Item #1044 The criminal background check for A.F. expired on 10/14/25 but was not renewed until 1/12/26. Renewals must occur prior to their expiration dates. *I would suggest making a spreadsheet for everyone and their deadlines. Some facilities have a white board that they use with due dates and of course adding the dates to your calendar also helps. Item #859 Monthly playground inspection was not conducted in the month of October 2025. *Make sure you conduct a playground inspection each month or document why it didn’t occur (for example during Tropical Store Helene). Item #1897 The two new employees have completed the Recognizing and Responding to Suspicions of Child Maltreatment training but it was past the 90 days of employment. *I would suggest making a spreadsheet for everyone and their deadlines. Some facilities have a white board that they use with due dates and of course adding the dates to your calendar also helps. Item #1794 The classroom of preschoolers and school age children had an activity plan posted that was focused on the school age/home school children. It was not an approved curriculum. The rest of the facility seems to all be using Creative Curriculum, which is approved. *I would suggest that an activity plan for the preschool children (even if two separate plans have to be made) be created using Creative Curriculum. Item #1811 An emergency drill is required every 3 months. A drill was conducted 4/2025 and again in 8/2025, which is 4 months. *Maybe you can set a reminder in your phone to keep you on track. **Reminder: A lock down drill is due this month in February 2026/ 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 February 19, 2026. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: lee.marshall@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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: • New rated license rules went into effect on 7/1/25. We discussed the new rules and the options that best apply to your child care facility; pathway 1, the program assessment option, or pathway 2, classroom instructional quality pathway. • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • The new Pathway to the Stars and QRIS System is here. You can find information on our website at https://ncchildcare.ncdhhs.gov/Provider/Licensing/Star-Rated-License/QRIS-Modernization and there are Moodle Modules to review the New Rule Rollout (training hours are given for these). • We discussed Outreach Assessment to learn more about the strengths and challenges program currently faces. • We discussed the lead paint and asbestos enrollment has been started, but needs to be completed. • In space #2B, the kitchen shelf in front of the bathroom is tall and could be a supervision issue. Talk to the teachers and have them look at the room and decide if they think it might be a supervision issue, especially with the bathroom right there. • In space #2A, the children were waiting at the tables for lunch without any games, fingerplays, stories or stimulation. It is hard for young children to wait with nothing to do, and this sometimes leads to behavior issues. I would suggest adding transitions into the day and other things to keep them occupied. “I am thinking of something in the sky that is white and fluffy?” Let each child take a turn. • It looks like the infant feeding plans might need to be updated. I would ask parents as they pick up their child to update the form at the back page/bottom. • The lead and asbestos testing states “enrollment started”, make sure you follow through on this to complete it. 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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 6/25/2025 Number Present: 32 Completed Date: 6/25/2025 Age: From 0 To 9 Total Minutes: 300 Time In: 10:30 AM Time Out: 03:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of this routine unannounced visit was to conduct limited compliance monitoring and offer consultation to the program. The visit summary was completed, reviewed with you, and signed by me, Georgia Lee Marshall, Child Care Consultant and also signed by Amber Fairbetter, administrator. The computerized generated report of today’s visit was completed and left on site. It is also available electronically upon request. Upon my arrival I greeted Ms. Fairbetter, and I explained the reason for my visit. Every classroom was out on the playground except for the infants. I started today’s visit observing a variety of play activities on the playgrounds. Classrooms #2A and #2B were in one area of the playground. Children were climbing, running, digging as well as other things. Teachers were supervising and walking around talking to children about ways to be safe and such. Classrooms #1A and #1B were on the other playground playing with a variety of material. When I first arrived, I noticed these classrooms were involved in an activity up on the walkway. When I asked what they had been doing, a teacher told me they were playing in shaving cream. We discussed that shaving cream says keep out of reach of children and they should choose cool whip of cornstarch and water next time. In space #3, one infant was getting fed in a highchair, one child was asleep and 2 were laying on the floor under a toy with hanging objects. A volunteer was sitting with them. I walked back through during lunch time and rest time to make sure the spaces were lit up enough. Space #2B was the darkest area, but the camera system has a light on it that shown down which made it possible to see all the children. I suggested adding a lamp or something like that for a softer effect. Lunch today consisted of cheese roll up’s on a soft tortilla shell, green beans, applesauce and milk. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Corporation, Sunny Side CDC, LLC, is current/active as of 6/23/25. There were one (1) new teacher and three (3) volunteers at this facility today, so I monitored those files. There are forty-two (42) children enrolled and thirty-two (42) present today. No children’s files were monitored during today’s routine unannounced visit. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) as of 6/23/25. The last annual compliance visit was 2/25/25. The following items were monitored today: Supervision Staff Child Ratios CPR First Aid Special Training Criminal Record Checks Completed Emergency Medical Care Plan Administration of Medication Storage of Hazardous Substances Storage of Medication Adequate/Approved Space General Safety Discipline Program Records License Posted- Four-star license, effective September 11, 2024. Permit Restrictions- Daytime care only, meets enhanced space and enhanced ratios. The last fire drill was practiced on 6/2/25. A shelter in place drill was conducted on 4/24/25. The last playground inspection was on 6/2/25. The last fire inspection was 5/16/25. The last sanitation inspection was completed on 5/14/25 with eleven (11) demerits for a superior rating. The Emergency Medical Care Plan is posted and current. The incident log is in use and maintained. The following violations were documented during today’s visit: Violation Number Comment Rule 542 The written feeding plan was not modified as the child's needs changed. There were three infant feeding plans that did not have specific instructions on how much formula/milk that the child is to be given. Update as changes occur. 10 NCAC 09 .0902(a) 716 All stationary equipment, more than 18 inches high, was not installed over protective surfacing. The mulch around fire truck and police car needs to be fluffed and replenished to meet the 6 inches deep requirement. Children were climbing on it causing it to need surfacing. .0605(j) 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. Children ages one (1) to three (3) were having sensory play in shaving cream which is an aerosol and states to keep out of reach of children. .2820(b) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. One diaper cream in space #3 expired and one will expired by the end of this month. .0803(12) Technical assistance: Item #716 The mulch around fire truck and police car needs to be fluffed and replenished to meet the 6 inches deep requirement. Children were climbing on it. We discussed how the sand is mixed in with the mulch and strategies on how to prevent that from happening. Item #840 Children ages one (1) to three (3) were having sensory play in shaving cream which is an aerosol and states to keep out of reach of children. We discussed using cornstarch and water to make oobleck and an alternative to the shaving cream. Item #542 There were three infant feeding plans that did not have specific instructions on how much formula/milk that the child is to be given. Update as changes occur. We discussed having parents update these forms on a regular basis. Item #849 One diaper cream in space #3 expired and one will expired by the end of this month. I instructed the teacher to send the expired cream home with the parents. 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 may 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 July 9, 2025. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: lee.marshall@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828.434.0236, or email lee.marshall@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. Consultation: • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • Be sure that sunscreen and diaper cream has the specific name and specific instructions from the parent. • We discussed having individual activity plans/goals for children based on their age and needs. • We discussed that one staff member’s Criminal Background Chuck will need to be renewed this fall. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 6/25/2025 Number Present: 32 Completed Date: 6/25/2025 Age: From 0 To 9 Total Minutes: 300 Time In: 10:30 AM Time Out: 03:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of this routine unannounced visit was to conduct limited compliance monitoring and offer consultation to the program. The visit summary was completed, reviewed with you, and signed by me, Georgia Lee Marshall, Child Care Consultant and also signed by Amber Fairbetter, administrator. The computerized generated report of today’s visit was completed and left on site. It is also available electronically upon request. Upon my arrival I greeted Ms. Fairbetter, and I explained the reason for my visit. Every classroom was out on the playground except for the infants. I started today’s visit observing a variety of play activities on the playgrounds. Classrooms #2A and #2B were in one area of the playground. Children were climbing, running, digging as well as other things. Teachers were supervising and walking around talking to children about ways to be safe and such. Classrooms #1A and #1B were on the other playground playing with a variety of material. When I first arrived, I noticed these classrooms were involved in an activity up on the walkway. When I asked what they had been doing, a teacher told me they were playing in shaving cream. We discussed that shaving cream says keep out of reach of children and they should choose cool whip of cornstarch and water next time. In space #3, one infant was getting fed in a highchair, one child was asleep and 2 were laying on the floor under a toy with hanging objects. A volunteer was sitting with them. I walked back through during lunch time and rest time to make sure the spaces were lit up enough. Space #2B was the darkest area, but the camera system has a light on it that shown down which made it possible to see all the children. I suggested adding a lamp or something like that for a softer effect. Lunch today consisted of cheese roll up’s on a soft tortilla shell, green beans, applesauce and milk. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Corporation, Sunny Side CDC, LLC, is current/active as of 6/23/25. There were one (1) new teacher and three (3) volunteers at this facility today, so I monitored those files. There are forty-two (42) children enrolled and thirty-two (42) present today. No children’s files were monitored during today’s routine unannounced visit. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) as of 6/23/25. The last annual compliance visit was 2/25/25. The following items were monitored today: Supervision Staff Child Ratios CPR First Aid Special Training Criminal Record Checks Completed Emergency Medical Care Plan Administration of Medication Storage of Hazardous Substances Storage of Medication Adequate/Approved Space General Safety Discipline Program Records License Posted- Four-star license, effective September 11, 2024. Permit Restrictions- Daytime care only, meets enhanced space and enhanced ratios. The last fire drill was practiced on 6/2/25. A shelter in place drill was conducted on 4/24/25. The last playground inspection was on 6/2/25. The last fire inspection was 5/16/25. The last sanitation inspection was completed on 5/14/25 with eleven (11) demerits for a superior rating. The Emergency Medical Care Plan is posted and current. The incident log is in use and maintained. The following violations were documented during today’s visit: Violation Number Comment Rule 542 The written feeding plan was not modified as the child's needs changed. There were three infant feeding plans that did not have specific instructions on how much formula/milk that the child is to be given. Update as changes occur. 10 NCAC 09 .0902(a) 716 All stationary equipment, more than 18 inches high, was not installed over protective surfacing. The mulch around fire truck and police car needs to be fluffed and replenished to meet the 6 inches deep requirement. Children were climbing on it causing it to need surfacing. .0605(j) 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. Children ages one (1) to three (3) were having sensory play in shaving cream which is an aerosol and states to keep out of reach of children. .2820(b) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. One diaper cream in space #3 expired and one will expired by the end of this month. .0803(12) Technical assistance: Item #716 The mulch around fire truck and police car needs to be fluffed and replenished to meet the 6 inches deep requirement. Children were climbing on it. We discussed how the sand is mixed in with the mulch and strategies on how to prevent that from happening. Item #840 Children ages one (1) to three (3) were having sensory play in shaving cream which is an aerosol and states to keep out of reach of children. We discussed using cornstarch and water to make oobleck and an alternative to the shaving cream. Item #542 There were three infant feeding plans that did not have specific instructions on how much formula/milk that the child is to be given. Update as changes occur. We discussed having parents update these forms on a regular basis. Item #849 One diaper cream in space #3 expired and one will expired by the end of this month. I instructed the teacher to send the expired cream home with the parents. 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 may 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 July 9, 2025. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: lee.marshall@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828.434.0236, or email lee.marshall@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. Consultation: • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • Be sure that sunscreen and diaper cream has the specific name and specific instructions from the parent. • We discussed having individual activity plans/goals for children based on their age and needs. • We discussed that one staff member’s Criminal Background Chuck will need to be renewed this fall. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 6/25/2025 Number Present: 32 Completed Date: 6/25/2025 Age: From 0 To 9 Total Minutes: 300 Time In: 10:30 AM Time Out: 03:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of this routine unannounced visit was to conduct limited compliance monitoring and offer consultation to the program. The visit summary was completed, reviewed with you, and signed by me, Georgia Lee Marshall, Child Care Consultant and also signed by Amber Fairbetter, administrator. The computerized generated report of today’s visit was completed and left on site. It is also available electronically upon request. Upon my arrival I greeted Ms. Fairbetter, and I explained the reason for my visit. Every classroom was out on the playground except for the infants. I started today’s visit observing a variety of play activities on the playgrounds. Classrooms #2A and #2B were in one area of the playground. Children were climbing, running, digging as well as other things. Teachers were supervising and walking around talking to children about ways to be safe and such. Classrooms #1A and #1B were on the other playground playing with a variety of material. When I first arrived, I noticed these classrooms were involved in an activity up on the walkway. When I asked what they had been doing, a teacher told me they were playing in shaving cream. We discussed that shaving cream says keep out of reach of children and they should choose cool whip of cornstarch and water next time. In space #3, one infant was getting fed in a highchair, one child was asleep and 2 were laying on the floor under a toy with hanging objects. A volunteer was sitting with them. I walked back through during lunch time and rest time to make sure the spaces were lit up enough. Space #2B was the darkest area, but the camera system has a light on it that shown down which made it possible to see all the children. I suggested adding a lamp or something like that for a softer effect. Lunch today consisted of cheese roll up’s on a soft tortilla shell, green beans, applesauce and milk. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Corporation, Sunny Side CDC, LLC, is current/active as of 6/23/25. There were one (1) new teacher and three (3) volunteers at this facility today, so I monitored those files. There are forty-two (42) children enrolled and thirty-two (42) present today. No children’s files were monitored during today’s routine unannounced visit. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) as of 6/23/25. The last annual compliance visit was 2/25/25. The following items were monitored today: Supervision Staff Child Ratios CPR First Aid Special Training Criminal Record Checks Completed Emergency Medical Care Plan Administration of Medication Storage of Hazardous Substances Storage of Medication Adequate/Approved Space General Safety Discipline Program Records License Posted- Four-star license, effective September 11, 2024. Permit Restrictions- Daytime care only, meets enhanced space and enhanced ratios. The last fire drill was practiced on 6/2/25. A shelter in place drill was conducted on 4/24/25. The last playground inspection was on 6/2/25. The last fire inspection was 5/16/25. The last sanitation inspection was completed on 5/14/25 with eleven (11) demerits for a superior rating. The Emergency Medical Care Plan is posted and current. The incident log is in use and maintained. The following violations were documented during today’s visit: Violation Number Comment Rule 542 The written feeding plan was not modified as the child's needs changed. There were three infant feeding plans that did not have specific instructions on how much formula/milk that the child is to be given. Update as changes occur. 10 NCAC 09 .0902(a) 716 All stationary equipment, more than 18 inches high, was not installed over protective surfacing. The mulch around fire truck and police car needs to be fluffed and replenished to meet the 6 inches deep requirement. Children were climbing on it causing it to need surfacing. .0605(j) 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. Children ages one (1) to three (3) were having sensory play in shaving cream which is an aerosol and states to keep out of reach of children. .2820(b) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. One diaper cream in space #3 expired and one will expired by the end of this month. .0803(12) Technical assistance: Item #716 The mulch around fire truck and police car needs to be fluffed and replenished to meet the 6 inches deep requirement. Children were climbing on it. We discussed how the sand is mixed in with the mulch and strategies on how to prevent that from happening. Item #840 Children ages one (1) to three (3) were having sensory play in shaving cream which is an aerosol and states to keep out of reach of children. We discussed using cornstarch and water to make oobleck and an alternative to the shaving cream. Item #542 There were three infant feeding plans that did not have specific instructions on how much formula/milk that the child is to be given. Update as changes occur. We discussed having parents update these forms on a regular basis. Item #849 One diaper cream in space #3 expired and one will expired by the end of this month. I instructed the teacher to send the expired cream home with the parents. 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 may 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 July 9, 2025. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: lee.marshall@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828.434.0236, or email lee.marshall@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. Consultation: • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • Be sure that sunscreen and diaper cream has the specific name and specific instructions from the parent. • We discussed having individual activity plans/goals for children based on their age and needs. • We discussed that one staff member’s Criminal Background Chuck will need to be renewed this fall. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 6/25/2025 Number Present: 32 Completed Date: 6/25/2025 Age: From 0 To 9 Total Minutes: 300 Time In: 10:30 AM Time Out: 03:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of this routine unannounced visit was to conduct limited compliance monitoring and offer consultation to the program. The visit summary was completed, reviewed with you, and signed by me, Georgia Lee Marshall, Child Care Consultant and also signed by Amber Fairbetter, administrator. The computerized generated report of today’s visit was completed and left on site. It is also available electronically upon request. Upon my arrival I greeted Ms. Fairbetter, and I explained the reason for my visit. Every classroom was out on the playground except for the infants. I started today’s visit observing a variety of play activities on the playgrounds. Classrooms #2A and #2B were in one area of the playground. Children were climbing, running, digging as well as other things. Teachers were supervising and walking around talking to children about ways to be safe and such. Classrooms #1A and #1B were on the other playground playing with a variety of material. When I first arrived, I noticed these classrooms were involved in an activity up on the walkway. When I asked what they had been doing, a teacher told me they were playing in shaving cream. We discussed that shaving cream says keep out of reach of children and they should choose cool whip of cornstarch and water next time. In space #3, one infant was getting fed in a highchair, one child was asleep and 2 were laying on the floor under a toy with hanging objects. A volunteer was sitting with them. I walked back through during lunch time and rest time to make sure the spaces were lit up enough. Space #2B was the darkest area, but the camera system has a light on it that shown down which made it possible to see all the children. I suggested adding a lamp or something like that for a softer effect. Lunch today consisted of cheese roll up’s on a soft tortilla shell, green beans, applesauce and milk. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Corporation, Sunny Side CDC, LLC, is current/active as of 6/23/25. There were one (1) new teacher and three (3) volunteers at this facility today, so I monitored those files. There are forty-two (42) children enrolled and thirty-two (42) present today. No children’s files were monitored during today’s routine unannounced visit. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) as of 6/23/25. The last annual compliance visit was 2/25/25. The following items were monitored today: Supervision Staff Child Ratios CPR First Aid Special Training Criminal Record Checks Completed Emergency Medical Care Plan Administration of Medication Storage of Hazardous Substances Storage of Medication Adequate/Approved Space General Safety Discipline Program Records License Posted- Four-star license, effective September 11, 2024. Permit Restrictions- Daytime care only, meets enhanced space and enhanced ratios. The last fire drill was practiced on 6/2/25. A shelter in place drill was conducted on 4/24/25. The last playground inspection was on 6/2/25. The last fire inspection was 5/16/25. The last sanitation inspection was completed on 5/14/25 with eleven (11) demerits for a superior rating. The Emergency Medical Care Plan is posted and current. The incident log is in use and maintained. The following violations were documented during today’s visit: Violation Number Comment Rule 542 The written feeding plan was not modified as the child's needs changed. There were three infant feeding plans that did not have specific instructions on how much formula/milk that the child is to be given. Update as changes occur. 10 NCAC 09 .0902(a) 716 All stationary equipment, more than 18 inches high, was not installed over protective surfacing. The mulch around fire truck and police car needs to be fluffed and replenished to meet the 6 inches deep requirement. Children were climbing on it causing it to need surfacing. .0605(j) 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. Children ages one (1) to three (3) were having sensory play in shaving cream which is an aerosol and states to keep out of reach of children. .2820(b) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. One diaper cream in space #3 expired and one will expired by the end of this month. .0803(12) Technical assistance: Item #716 The mulch around fire truck and police car needs to be fluffed and replenished to meet the 6 inches deep requirement. Children were climbing on it. We discussed how the sand is mixed in with the mulch and strategies on how to prevent that from happening. Item #840 Children ages one (1) to three (3) were having sensory play in shaving cream which is an aerosol and states to keep out of reach of children. We discussed using cornstarch and water to make oobleck and an alternative to the shaving cream. Item #542 There were three infant feeding plans that did not have specific instructions on how much formula/milk that the child is to be given. Update as changes occur. We discussed having parents update these forms on a regular basis. Item #849 One diaper cream in space #3 expired and one will expired by the end of this month. I instructed the teacher to send the expired cream home with the parents. 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 may 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 July 9, 2025. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: lee.marshall@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828.434.0236, or email lee.marshall@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. Consultation: • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • Be sure that sunscreen and diaper cream has the specific name and specific instructions from the parent. • We discussed having individual activity plans/goals for children based on their age and needs. • We discussed that one staff member’s Criminal Background Chuck will need to be renewed this fall. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 6/25/2025 Number Present: 32 Completed Date: 6/25/2025 Age: From 0 To 9 Total Minutes: 300 Time In: 10:30 AM Time Out: 03:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of this routine unannounced visit was to conduct limited compliance monitoring and offer consultation to the program. The visit summary was completed, reviewed with you, and signed by me, Georgia Lee Marshall, Child Care Consultant and also signed by Amber Fairbetter, administrator. The computerized generated report of today’s visit was completed and left on site. It is also available electronically upon request. Upon my arrival I greeted Ms. Fairbetter, and I explained the reason for my visit. Every classroom was out on the playground except for the infants. I started today’s visit observing a variety of play activities on the playgrounds. Classrooms #2A and #2B were in one area of the playground. Children were climbing, running, digging as well as other things. Teachers were supervising and walking around talking to children about ways to be safe and such. Classrooms #1A and #1B were on the other playground playing with a variety of material. When I first arrived, I noticed these classrooms were involved in an activity up on the walkway. When I asked what they had been doing, a teacher told me they were playing in shaving cream. We discussed that shaving cream says keep out of reach of children and they should choose cool whip of cornstarch and water next time. In space #3, one infant was getting fed in a highchair, one child was asleep and 2 were laying on the floor under a toy with hanging objects. A volunteer was sitting with them. I walked back through during lunch time and rest time to make sure the spaces were lit up enough. Space #2B was the darkest area, but the camera system has a light on it that shown down which made it possible to see all the children. I suggested adding a lamp or something like that for a softer effect. Lunch today consisted of cheese roll up’s on a soft tortilla shell, green beans, applesauce and milk. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Corporation, Sunny Side CDC, LLC, is current/active as of 6/23/25. There were one (1) new teacher and three (3) volunteers at this facility today, so I monitored those files. There are forty-two (42) children enrolled and thirty-two (42) present today. No children’s files were monitored during today’s routine unannounced visit. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) as of 6/23/25. The last annual compliance visit was 2/25/25. The following items were monitored today: Supervision Staff Child Ratios CPR First Aid Special Training Criminal Record Checks Completed Emergency Medical Care Plan Administration of Medication Storage of Hazardous Substances Storage of Medication Adequate/Approved Space General Safety Discipline Program Records License Posted- Four-star license, effective September 11, 2024. Permit Restrictions- Daytime care only, meets enhanced space and enhanced ratios. The last fire drill was practiced on 6/2/25. A shelter in place drill was conducted on 4/24/25. The last playground inspection was on 6/2/25. The last fire inspection was 5/16/25. The last sanitation inspection was completed on 5/14/25 with eleven (11) demerits for a superior rating. The Emergency Medical Care Plan is posted and current. The incident log is in use and maintained. The following violations were documented during today’s visit: Violation Number Comment Rule 542 The written feeding plan was not modified as the child's needs changed. There were three infant feeding plans that did not have specific instructions on how much formula/milk that the child is to be given. Update as changes occur. 10 NCAC 09 .0902(a) 716 All stationary equipment, more than 18 inches high, was not installed over protective surfacing. The mulch around fire truck and police car needs to be fluffed and replenished to meet the 6 inches deep requirement. Children were climbing on it causing it to need surfacing. .0605(j) 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. Children ages one (1) to three (3) were having sensory play in shaving cream which is an aerosol and states to keep out of reach of children. .2820(b) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. One diaper cream in space #3 expired and one will expired by the end of this month. .0803(12) Technical assistance: Item #716 The mulch around fire truck and police car needs to be fluffed and replenished to meet the 6 inches deep requirement. Children were climbing on it. We discussed how the sand is mixed in with the mulch and strategies on how to prevent that from happening. Item #840 Children ages one (1) to three (3) were having sensory play in shaving cream which is an aerosol and states to keep out of reach of children. We discussed using cornstarch and water to make oobleck and an alternative to the shaving cream. Item #542 There were three infant feeding plans that did not have specific instructions on how much formula/milk that the child is to be given. Update as changes occur. We discussed having parents update these forms on a regular basis. Item #849 One diaper cream in space #3 expired and one will expired by the end of this month. I instructed the teacher to send the expired cream home with the parents. 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 may 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 July 9, 2025. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: lee.marshall@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828.434.0236, or email lee.marshall@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. Consultation: • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • Be sure that sunscreen and diaper cream has the specific name and specific instructions from the parent. • We discussed having individual activity plans/goals for children based on their age and needs. • We discussed that one staff member’s Criminal Background Chuck will need to be renewed this fall. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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 .0803 · Violation
Name of Operation: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 2/25/2025 Number Present: 23 Completed Date: 2/25/2025 Age: From 0 To 5 Total Minutes: 390 Time In: 10:00 AM Time Out: 04:30 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 Georgia Lee Marshall, Child Care Consultant and also signed by Sara Isaacs, assistant administrator, during the visit. An electronic signed copy of the visit summary was left on-site. Today, Sara Isaacs, assistant administrator, was available to answer questions during the visit. The indoor and outdoor areas were monitored today, including (but not limited to) 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-three (83%) percentage as of 02/24/25. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Company, Sunny Side CDC, LLC, is current/active as of 2/24/25. Permit type – Four Star License issued 9/11/24. Special Services/Restrictions – Daytime care only, meets enhanced ratios and space. A change of ownership was conducted on 4/22/24 with a temporary license. The last fire drill was practiced on 1/25/25. The last lock down drill was practiced on 1/30/25. The last playground inspection was documented on 2/3/25. The last fire inspection was approved on 7/9/24. The last sanitation inspection was conducted on 12/20/24 with four (4) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum Teaching Strategies. Upon my arrival, I introduced myself and explained the reason for today’s visit. The administrator was not on site today due to sick children. Assistant administrator, Sara Isaacs was available to assist me. In space #1A- children were playing with a large tub of Kinetic sand. Children also were engaged in pretend play such as cooking and putting on makeup. In space 1B- children were playing on the floor with their teachers. One group was playing with wooden blocks and another small group was playing with the people figurines on the table. I also observed this classroom eating lunch. In space 2A- I observed these children outside playing. They were running and jumping, climbing, sliding and playing with balls. I also observed this group of children using colored pencils and paper at a table while another child playing in the kitchen area and one child played with mana-tiles. In space 2B- This group was also observed outside playing with the children from space 2A. After returning inside, children put their coats away and washed their hands. While waiting on lunch to arrive, children sat in the cozy area looking at books and some listened as the teacher read to them. In space 3- there were only two (2) children present today. One was getting a diaper change and the other one was practicing sitting up while waiting on a bottle to warm. Children are held to be fed bottles. One child transitioned to sitting in a bouncy seat and engaging with the teachers. Lunch today consisted of cheese quesadillas, carrots, peaches and milk. After lunch everyone transitioned into rest time. 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 program does not provide transportation. The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. There is a shelf in space 1B that is broken on top. G.S. 110-91(6); .0601(b) 841 Medications including prescription and non-prescription items were not stored in a locked cabinet or other locked container. Prescription diaper cream was not locked. 15A NCAC 18A .2820(d) 843 A drug or medicine was administered after its expiration date. In space 1B there was a diaper cream used that has expired. 10A NCAC 09 .0803(1)(d) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. Prescription diaper cream was not in the box with the pharmacy label. .0803(2)(a) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. One new staff had a medical exam on file, but it was over a year old. 10A NCAC 09 .0701(a) 1065 Child care providers scheduled to work in the infant room, did not complete ITS-SIDS training within two months of employment or did not complete the training every three years. Child care administrators did not complete the ITS-SIDS training within 90 days of employment and every three years thereafter. The administrator did not have a current ITS-SIDS certification. .1102(f) 1324 Signed and dated statement by parent that discipline policy received and explained at enrollment was not in child's file. A child whose file was pulled did not have a discipline policy signed. .1804(c) 1834 Application did not have a medical action plan attached for any child with health care needs such as allergies, asthma, or other chronic conditions that require specialized health services. A child has a food allergy that no longer requires an epi pen, but the permission slip for Zyrtec is on site, but there is not an action plan to go along with it. .0801(b) 1908 A child's file did not have a statement with parent signature acknowledging receipt and explanation of the Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy and/or the acknowledgement did not have all the required information. A child whose file was pulled did not have the shaken baby and abusive head trauma policy signed. .0608(b)(1-6) Technical assistance was provided as follows: • In space 1B there was a diaper cream used that has expired. • In space 1B a prescription diaper cream was not in the box with the pharmacy label and was not locked. • There is a shelf in space 1B that is broken on top. • A child whose file was pulled did not have a discipline policy signed. • A child whose file was pulled did not have the shaken baby and abusive head trauma policy signed. • One new staff had a medical exam on file, but it was over a year old. • The administrator did not have a current ITS-SIDS certification. • A child has a food allergy that no longer requires an epi pen, but the permission slip for Zyrtec is on site, but there is not an action plan to go along with it. The staff stated that they are going ask the parent if the child if they still needs it at school. • Due to Tropical Store Helene, there are flexibilities in place for the outdoor play space. The playground needs more mulch near the climbing areas and less near the fence since it has caused the fence to be lower than the required 4 feet. 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 March 11, 2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: lee.marshall@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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: • Lead and asbestos testing deadlines have been extended till May 2025 with remediation funding available. • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • Please be reminded that when the ground is frozen, children should not be on the climbers due to the surfacing being compromised. • The summary of the law that is posted needs to be updated to the current version. • I am suggesting that the baby gate that leads to the to the bathroom, needs to be replaced since the screw is loose. • We discussed the front deck can’t be used as outside play space for the infants. Not only is there chipping paint, rotten wood and the border/fence is too low. If you want to use that space for the infants, you will need to submit a plan to me to be approved prior to licensing it for that purpose. We want to make sure that area can even be used for that purpose first. • We discussed the administrator hours and her homeschool schedule. She asked if her children could do their homeschool work in the office. Again, I wasn’t you to write up a plan and submit it to me for approval. 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. Criminal Background Check System (ABCMS)- 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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 2/25/2025 Number Present: 23 Completed Date: 2/25/2025 Age: From 0 To 5 Total Minutes: 390 Time In: 10:00 AM Time Out: 04:30 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 Georgia Lee Marshall, Child Care Consultant and also signed by Sara Isaacs, assistant administrator, during the visit. An electronic signed copy of the visit summary was left on-site. Today, Sara Isaacs, assistant administrator, was available to answer questions during the visit. The indoor and outdoor areas were monitored today, including (but not limited to) 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-three (83%) percentage as of 02/24/25. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Company, Sunny Side CDC, LLC, is current/active as of 2/24/25. Permit type – Four Star License issued 9/11/24. Special Services/Restrictions – Daytime care only, meets enhanced ratios and space. A change of ownership was conducted on 4/22/24 with a temporary license. The last fire drill was practiced on 1/25/25. The last lock down drill was practiced on 1/30/25. The last playground inspection was documented on 2/3/25. The last fire inspection was approved on 7/9/24. The last sanitation inspection was conducted on 12/20/24 with four (4) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum Teaching Strategies. Upon my arrival, I introduced myself and explained the reason for today’s visit. The administrator was not on site today due to sick children. Assistant administrator, Sara Isaacs was available to assist me. In space #1A- children were playing with a large tub of Kinetic sand. Children also were engaged in pretend play such as cooking and putting on makeup. In space 1B- children were playing on the floor with their teachers. One group was playing with wooden blocks and another small group was playing with the people figurines on the table. I also observed this classroom eating lunch. In space 2A- I observed these children outside playing. They were running and jumping, climbing, sliding and playing with balls. I also observed this group of children using colored pencils and paper at a table while another child playing in the kitchen area and one child played with mana-tiles. In space 2B- This group was also observed outside playing with the children from space 2A. After returning inside, children put their coats away and washed their hands. While waiting on lunch to arrive, children sat in the cozy area looking at books and some listened as the teacher read to them. In space 3- there were only two (2) children present today. One was getting a diaper change and the other one was practicing sitting up while waiting on a bottle to warm. Children are held to be fed bottles. One child transitioned to sitting in a bouncy seat and engaging with the teachers. Lunch today consisted of cheese quesadillas, carrots, peaches and milk. After lunch everyone transitioned into rest time. 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 program does not provide transportation. The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. There is a shelf in space 1B that is broken on top. G.S. 110-91(6); .0601(b) 841 Medications including prescription and non-prescription items were not stored in a locked cabinet or other locked container. Prescription diaper cream was not locked. 15A NCAC 18A .2820(d) 843 A drug or medicine was administered after its expiration date. In space 1B there was a diaper cream used that has expired. 10A NCAC 09 .0803(1)(d) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. Prescription diaper cream was not in the box with the pharmacy label. .0803(2)(a) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. One new staff had a medical exam on file, but it was over a year old. 10A NCAC 09 .0701(a) 1065 Child care providers scheduled to work in the infant room, did not complete ITS-SIDS training within two months of employment or did not complete the training every three years. Child care administrators did not complete the ITS-SIDS training within 90 days of employment and every three years thereafter. The administrator did not have a current ITS-SIDS certification. .1102(f) 1324 Signed and dated statement by parent that discipline policy received and explained at enrollment was not in child's file. A child whose file was pulled did not have a discipline policy signed. .1804(c) 1834 Application did not have a medical action plan attached for any child with health care needs such as allergies, asthma, or other chronic conditions that require specialized health services. A child has a food allergy that no longer requires an epi pen, but the permission slip for Zyrtec is on site, but there is not an action plan to go along with it. .0801(b) 1908 A child's file did not have a statement with parent signature acknowledging receipt and explanation of the Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy and/or the acknowledgement did not have all the required information. A child whose file was pulled did not have the shaken baby and abusive head trauma policy signed. .0608(b)(1-6) Technical assistance was provided as follows: • In space 1B there was a diaper cream used that has expired. • In space 1B a prescription diaper cream was not in the box with the pharmacy label and was not locked. • There is a shelf in space 1B that is broken on top. • A child whose file was pulled did not have a discipline policy signed. • A child whose file was pulled did not have the shaken baby and abusive head trauma policy signed. • One new staff had a medical exam on file, but it was over a year old. • The administrator did not have a current ITS-SIDS certification. • A child has a food allergy that no longer requires an epi pen, but the permission slip for Zyrtec is on site, but there is not an action plan to go along with it. The staff stated that they are going ask the parent if the child if they still needs it at school. • Due to Tropical Store Helene, there are flexibilities in place for the outdoor play space. The playground needs more mulch near the climbing areas and less near the fence since it has caused the fence to be lower than the required 4 feet. 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 March 11, 2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: lee.marshall@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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: • Lead and asbestos testing deadlines have been extended till May 2025 with remediation funding available. • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • Please be reminded that when the ground is frozen, children should not be on the climbers due to the surfacing being compromised. • The summary of the law that is posted needs to be updated to the current version. • I am suggesting that the baby gate that leads to the to the bathroom, needs to be replaced since the screw is loose. • We discussed the front deck can’t be used as outside play space for the infants. Not only is there chipping paint, rotten wood and the border/fence is too low. If you want to use that space for the infants, you will need to submit a plan to me to be approved prior to licensing it for that purpose. We want to make sure that area can even be used for that purpose first. • We discussed the administrator hours and her homeschool schedule. She asked if her children could do their homeschool work in the office. Again, I wasn’t you to write up a plan and submit it to me for approval. 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. Criminal Background Check System (ABCMS)- 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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 2/25/2025 Number Present: 23 Completed Date: 2/25/2025 Age: From 0 To 5 Total Minutes: 390 Time In: 10:00 AM Time Out: 04:30 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 Georgia Lee Marshall, Child Care Consultant and also signed by Sara Isaacs, assistant administrator, during the visit. An electronic signed copy of the visit summary was left on-site. Today, Sara Isaacs, assistant administrator, was available to answer questions during the visit. The indoor and outdoor areas were monitored today, including (but not limited to) 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-three (83%) percentage as of 02/24/25. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Company, Sunny Side CDC, LLC, is current/active as of 2/24/25. Permit type – Four Star License issued 9/11/24. Special Services/Restrictions – Daytime care only, meets enhanced ratios and space. A change of ownership was conducted on 4/22/24 with a temporary license. The last fire drill was practiced on 1/25/25. The last lock down drill was practiced on 1/30/25. The last playground inspection was documented on 2/3/25. The last fire inspection was approved on 7/9/24. The last sanitation inspection was conducted on 12/20/24 with four (4) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum Teaching Strategies. Upon my arrival, I introduced myself and explained the reason for today’s visit. The administrator was not on site today due to sick children. Assistant administrator, Sara Isaacs was available to assist me. In space #1A- children were playing with a large tub of Kinetic sand. Children also were engaged in pretend play such as cooking and putting on makeup. In space 1B- children were playing on the floor with their teachers. One group was playing with wooden blocks and another small group was playing with the people figurines on the table. I also observed this classroom eating lunch. In space 2A- I observed these children outside playing. They were running and jumping, climbing, sliding and playing with balls. I also observed this group of children using colored pencils and paper at a table while another child playing in the kitchen area and one child played with mana-tiles. In space 2B- This group was also observed outside playing with the children from space 2A. After returning inside, children put their coats away and washed their hands. While waiting on lunch to arrive, children sat in the cozy area looking at books and some listened as the teacher read to them. In space 3- there were only two (2) children present today. One was getting a diaper change and the other one was practicing sitting up while waiting on a bottle to warm. Children are held to be fed bottles. One child transitioned to sitting in a bouncy seat and engaging with the teachers. Lunch today consisted of cheese quesadillas, carrots, peaches and milk. After lunch everyone transitioned into rest time. 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 program does not provide transportation. The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. There is a shelf in space 1B that is broken on top. G.S. 110-91(6); .0601(b) 841 Medications including prescription and non-prescription items were not stored in a locked cabinet or other locked container. Prescription diaper cream was not locked. 15A NCAC 18A .2820(d) 843 A drug or medicine was administered after its expiration date. In space 1B there was a diaper cream used that has expired. 10A NCAC 09 .0803(1)(d) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. Prescription diaper cream was not in the box with the pharmacy label. .0803(2)(a) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. One new staff had a medical exam on file, but it was over a year old. 10A NCAC 09 .0701(a) 1065 Child care providers scheduled to work in the infant room, did not complete ITS-SIDS training within two months of employment or did not complete the training every three years. Child care administrators did not complete the ITS-SIDS training within 90 days of employment and every three years thereafter. The administrator did not have a current ITS-SIDS certification. .1102(f) 1324 Signed and dated statement by parent that discipline policy received and explained at enrollment was not in child's file. A child whose file was pulled did not have a discipline policy signed. .1804(c) 1834 Application did not have a medical action plan attached for any child with health care needs such as allergies, asthma, or other chronic conditions that require specialized health services. A child has a food allergy that no longer requires an epi pen, but the permission slip for Zyrtec is on site, but there is not an action plan to go along with it. .0801(b) 1908 A child's file did not have a statement with parent signature acknowledging receipt and explanation of the Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy and/or the acknowledgement did not have all the required information. A child whose file was pulled did not have the shaken baby and abusive head trauma policy signed. .0608(b)(1-6) Technical assistance was provided as follows: • In space 1B there was a diaper cream used that has expired. • In space 1B a prescription diaper cream was not in the box with the pharmacy label and was not locked. • There is a shelf in space 1B that is broken on top. • A child whose file was pulled did not have a discipline policy signed. • A child whose file was pulled did not have the shaken baby and abusive head trauma policy signed. • One new staff had a medical exam on file, but it was over a year old. • The administrator did not have a current ITS-SIDS certification. • A child has a food allergy that no longer requires an epi pen, but the permission slip for Zyrtec is on site, but there is not an action plan to go along with it. The staff stated that they are going ask the parent if the child if they still needs it at school. • Due to Tropical Store Helene, there are flexibilities in place for the outdoor play space. The playground needs more mulch near the climbing areas and less near the fence since it has caused the fence to be lower than the required 4 feet. 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 March 11, 2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: lee.marshall@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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: • Lead and asbestos testing deadlines have been extended till May 2025 with remediation funding available. • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • Please be reminded that when the ground is frozen, children should not be on the climbers due to the surfacing being compromised. • The summary of the law that is posted needs to be updated to the current version. • I am suggesting that the baby gate that leads to the to the bathroom, needs to be replaced since the screw is loose. • We discussed the front deck can’t be used as outside play space for the infants. Not only is there chipping paint, rotten wood and the border/fence is too low. If you want to use that space for the infants, you will need to submit a plan to me to be approved prior to licensing it for that purpose. We want to make sure that area can even be used for that purpose first. • We discussed the administrator hours and her homeschool schedule. She asked if her children could do their homeschool work in the office. Again, I wasn’t you to write up a plan and submit it to me for approval. 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. Criminal Background Check System (ABCMS)- 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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 2/25/2025 Number Present: 23 Completed Date: 2/25/2025 Age: From 0 To 5 Total Minutes: 390 Time In: 10:00 AM Time Out: 04:30 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 Georgia Lee Marshall, Child Care Consultant and also signed by Sara Isaacs, assistant administrator, during the visit. An electronic signed copy of the visit summary was left on-site. Today, Sara Isaacs, assistant administrator, was available to answer questions during the visit. The indoor and outdoor areas were monitored today, including (but not limited to) 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-three (83%) percentage as of 02/24/25. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Company, Sunny Side CDC, LLC, is current/active as of 2/24/25. Permit type – Four Star License issued 9/11/24. Special Services/Restrictions – Daytime care only, meets enhanced ratios and space. A change of ownership was conducted on 4/22/24 with a temporary license. The last fire drill was practiced on 1/25/25. The last lock down drill was practiced on 1/30/25. The last playground inspection was documented on 2/3/25. The last fire inspection was approved on 7/9/24. The last sanitation inspection was conducted on 12/20/24 with four (4) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum Teaching Strategies. Upon my arrival, I introduced myself and explained the reason for today’s visit. The administrator was not on site today due to sick children. Assistant administrator, Sara Isaacs was available to assist me. In space #1A- children were playing with a large tub of Kinetic sand. Children also were engaged in pretend play such as cooking and putting on makeup. In space 1B- children were playing on the floor with their teachers. One group was playing with wooden blocks and another small group was playing with the people figurines on the table. I also observed this classroom eating lunch. In space 2A- I observed these children outside playing. They were running and jumping, climbing, sliding and playing with balls. I also observed this group of children using colored pencils and paper at a table while another child playing in the kitchen area and one child played with mana-tiles. In space 2B- This group was also observed outside playing with the children from space 2A. After returning inside, children put their coats away and washed their hands. While waiting on lunch to arrive, children sat in the cozy area looking at books and some listened as the teacher read to them. In space 3- there were only two (2) children present today. One was getting a diaper change and the other one was practicing sitting up while waiting on a bottle to warm. Children are held to be fed bottles. One child transitioned to sitting in a bouncy seat and engaging with the teachers. Lunch today consisted of cheese quesadillas, carrots, peaches and milk. After lunch everyone transitioned into rest time. 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 program does not provide transportation. The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. There is a shelf in space 1B that is broken on top. G.S. 110-91(6); .0601(b) 841 Medications including prescription and non-prescription items were not stored in a locked cabinet or other locked container. Prescription diaper cream was not locked. 15A NCAC 18A .2820(d) 843 A drug or medicine was administered after its expiration date. In space 1B there was a diaper cream used that has expired. 10A NCAC 09 .0803(1)(d) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. Prescription diaper cream was not in the box with the pharmacy label. .0803(2)(a) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. One new staff had a medical exam on file, but it was over a year old. 10A NCAC 09 .0701(a) 1065 Child care providers scheduled to work in the infant room, did not complete ITS-SIDS training within two months of employment or did not complete the training every three years. Child care administrators did not complete the ITS-SIDS training within 90 days of employment and every three years thereafter. The administrator did not have a current ITS-SIDS certification. .1102(f) 1324 Signed and dated statement by parent that discipline policy received and explained at enrollment was not in child's file. A child whose file was pulled did not have a discipline policy signed. .1804(c) 1834 Application did not have a medical action plan attached for any child with health care needs such as allergies, asthma, or other chronic conditions that require specialized health services. A child has a food allergy that no longer requires an epi pen, but the permission slip for Zyrtec is on site, but there is not an action plan to go along with it. .0801(b) 1908 A child's file did not have a statement with parent signature acknowledging receipt and explanation of the Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy and/or the acknowledgement did not have all the required information. A child whose file was pulled did not have the shaken baby and abusive head trauma policy signed. .0608(b)(1-6) Technical assistance was provided as follows: • In space 1B there was a diaper cream used that has expired. • In space 1B a prescription diaper cream was not in the box with the pharmacy label and was not locked. • There is a shelf in space 1B that is broken on top. • A child whose file was pulled did not have a discipline policy signed. • A child whose file was pulled did not have the shaken baby and abusive head trauma policy signed. • One new staff had a medical exam on file, but it was over a year old. • The administrator did not have a current ITS-SIDS certification. • A child has a food allergy that no longer requires an epi pen, but the permission slip for Zyrtec is on site, but there is not an action plan to go along with it. The staff stated that they are going ask the parent if the child if they still needs it at school. • Due to Tropical Store Helene, there are flexibilities in place for the outdoor play space. The playground needs more mulch near the climbing areas and less near the fence since it has caused the fence to be lower than the required 4 feet. 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 March 11, 2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: lee.marshall@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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: • Lead and asbestos testing deadlines have been extended till May 2025 with remediation funding available. • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • Please be reminded that when the ground is frozen, children should not be on the climbers due to the surfacing being compromised. • The summary of the law that is posted needs to be updated to the current version. • I am suggesting that the baby gate that leads to the to the bathroom, needs to be replaced since the screw is loose. • We discussed the front deck can’t be used as outside play space for the infants. Not only is there chipping paint, rotten wood and the border/fence is too low. If you want to use that space for the infants, you will need to submit a plan to me to be approved prior to licensing it for that purpose. We want to make sure that area can even be used for that purpose first. • We discussed the administrator hours and her homeschool schedule. She asked if her children could do their homeschool work in the office. Again, I wasn’t you to write up a plan and submit it to me for approval. 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. Criminal Background Check System (ABCMS)- 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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 2/25/2025 Number Present: 23 Completed Date: 2/25/2025 Age: From 0 To 5 Total Minutes: 390 Time In: 10:00 AM Time Out: 04:30 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 Georgia Lee Marshall, Child Care Consultant and also signed by Sara Isaacs, assistant administrator, during the visit. An electronic signed copy of the visit summary was left on-site. Today, Sara Isaacs, assistant administrator, was available to answer questions during the visit. The indoor and outdoor areas were monitored today, including (but not limited to) 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-three (83%) percentage as of 02/24/25. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Company, Sunny Side CDC, LLC, is current/active as of 2/24/25. Permit type – Four Star License issued 9/11/24. Special Services/Restrictions – Daytime care only, meets enhanced ratios and space. A change of ownership was conducted on 4/22/24 with a temporary license. The last fire drill was practiced on 1/25/25. The last lock down drill was practiced on 1/30/25. The last playground inspection was documented on 2/3/25. The last fire inspection was approved on 7/9/24. The last sanitation inspection was conducted on 12/20/24 with four (4) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum Teaching Strategies. Upon my arrival, I introduced myself and explained the reason for today’s visit. The administrator was not on site today due to sick children. Assistant administrator, Sara Isaacs was available to assist me. In space #1A- children were playing with a large tub of Kinetic sand. Children also were engaged in pretend play such as cooking and putting on makeup. In space 1B- children were playing on the floor with their teachers. One group was playing with wooden blocks and another small group was playing with the people figurines on the table. I also observed this classroom eating lunch. In space 2A- I observed these children outside playing. They were running and jumping, climbing, sliding and playing with balls. I also observed this group of children using colored pencils and paper at a table while another child playing in the kitchen area and one child played with mana-tiles. In space 2B- This group was also observed outside playing with the children from space 2A. After returning inside, children put their coats away and washed their hands. While waiting on lunch to arrive, children sat in the cozy area looking at books and some listened as the teacher read to them. In space 3- there were only two (2) children present today. One was getting a diaper change and the other one was practicing sitting up while waiting on a bottle to warm. Children are held to be fed bottles. One child transitioned to sitting in a bouncy seat and engaging with the teachers. Lunch today consisted of cheese quesadillas, carrots, peaches and milk. After lunch everyone transitioned into rest time. 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 program does not provide transportation. The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. There is a shelf in space 1B that is broken on top. G.S. 110-91(6); .0601(b) 841 Medications including prescription and non-prescription items were not stored in a locked cabinet or other locked container. Prescription diaper cream was not locked. 15A NCAC 18A .2820(d) 843 A drug or medicine was administered after its expiration date. In space 1B there was a diaper cream used that has expired. 10A NCAC 09 .0803(1)(d) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. Prescription diaper cream was not in the box with the pharmacy label. .0803(2)(a) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. One new staff had a medical exam on file, but it was over a year old. 10A NCAC 09 .0701(a) 1065 Child care providers scheduled to work in the infant room, did not complete ITS-SIDS training within two months of employment or did not complete the training every three years. Child care administrators did not complete the ITS-SIDS training within 90 days of employment and every three years thereafter. The administrator did not have a current ITS-SIDS certification. .1102(f) 1324 Signed and dated statement by parent that discipline policy received and explained at enrollment was not in child's file. A child whose file was pulled did not have a discipline policy signed. .1804(c) 1834 Application did not have a medical action plan attached for any child with health care needs such as allergies, asthma, or other chronic conditions that require specialized health services. A child has a food allergy that no longer requires an epi pen, but the permission slip for Zyrtec is on site, but there is not an action plan to go along with it. .0801(b) 1908 A child's file did not have a statement with parent signature acknowledging receipt and explanation of the Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy and/or the acknowledgement did not have all the required information. A child whose file was pulled did not have the shaken baby and abusive head trauma policy signed. .0608(b)(1-6) Technical assistance was provided as follows: • In space 1B there was a diaper cream used that has expired. • In space 1B a prescription diaper cream was not in the box with the pharmacy label and was not locked. • There is a shelf in space 1B that is broken on top. • A child whose file was pulled did not have a discipline policy signed. • A child whose file was pulled did not have the shaken baby and abusive head trauma policy signed. • One new staff had a medical exam on file, but it was over a year old. • The administrator did not have a current ITS-SIDS certification. • A child has a food allergy that no longer requires an epi pen, but the permission slip for Zyrtec is on site, but there is not an action plan to go along with it. The staff stated that they are going ask the parent if the child if they still needs it at school. • Due to Tropical Store Helene, there are flexibilities in place for the outdoor play space. The playground needs more mulch near the climbing areas and less near the fence since it has caused the fence to be lower than the required 4 feet. 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 March 11, 2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: lee.marshall@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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: • Lead and asbestos testing deadlines have been extended till May 2025 with remediation funding available. • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • Please be reminded that when the ground is frozen, children should not be on the climbers due to the surfacing being compromised. • The summary of the law that is posted needs to be updated to the current version. • I am suggesting that the baby gate that leads to the to the bathroom, needs to be replaced since the screw is loose. • We discussed the front deck can’t be used as outside play space for the infants. Not only is there chipping paint, rotten wood and the border/fence is too low. If you want to use that space for the infants, you will need to submit a plan to me to be approved prior to licensing it for that purpose. We want to make sure that area can even be used for that purpose first. • We discussed the administrator hours and her homeschool schedule. She asked if her children could do their homeschool work in the office. Again, I wasn’t you to write up a plan and submit it to me for approval. 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. Criminal Background Check System (ABCMS)- 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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 2/25/2025 Number Present: 23 Completed Date: 2/25/2025 Age: From 0 To 5 Total Minutes: 390 Time In: 10:00 AM Time Out: 04:30 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 Georgia Lee Marshall, Child Care Consultant and also signed by Sara Isaacs, assistant administrator, during the visit. An electronic signed copy of the visit summary was left on-site. Today, Sara Isaacs, assistant administrator, was available to answer questions during the visit. The indoor and outdoor areas were monitored today, including (but not limited to) 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-three (83%) percentage as of 02/24/25. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Company, Sunny Side CDC, LLC, is current/active as of 2/24/25. Permit type – Four Star License issued 9/11/24. Special Services/Restrictions – Daytime care only, meets enhanced ratios and space. A change of ownership was conducted on 4/22/24 with a temporary license. The last fire drill was practiced on 1/25/25. The last lock down drill was practiced on 1/30/25. The last playground inspection was documented on 2/3/25. The last fire inspection was approved on 7/9/24. The last sanitation inspection was conducted on 12/20/24 with four (4) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum Teaching Strategies. Upon my arrival, I introduced myself and explained the reason for today’s visit. The administrator was not on site today due to sick children. Assistant administrator, Sara Isaacs was available to assist me. In space #1A- children were playing with a large tub of Kinetic sand. Children also were engaged in pretend play such as cooking and putting on makeup. In space 1B- children were playing on the floor with their teachers. One group was playing with wooden blocks and another small group was playing with the people figurines on the table. I also observed this classroom eating lunch. In space 2A- I observed these children outside playing. They were running and jumping, climbing, sliding and playing with balls. I also observed this group of children using colored pencils and paper at a table while another child playing in the kitchen area and one child played with mana-tiles. In space 2B- This group was also observed outside playing with the children from space 2A. After returning inside, children put their coats away and washed their hands. While waiting on lunch to arrive, children sat in the cozy area looking at books and some listened as the teacher read to them. In space 3- there were only two (2) children present today. One was getting a diaper change and the other one was practicing sitting up while waiting on a bottle to warm. Children are held to be fed bottles. One child transitioned to sitting in a bouncy seat and engaging with the teachers. Lunch today consisted of cheese quesadillas, carrots, peaches and milk. After lunch everyone transitioned into rest time. 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 program does not provide transportation. The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. There is a shelf in space 1B that is broken on top. G.S. 110-91(6); .0601(b) 841 Medications including prescription and non-prescription items were not stored in a locked cabinet or other locked container. Prescription diaper cream was not locked. 15A NCAC 18A .2820(d) 843 A drug or medicine was administered after its expiration date. In space 1B there was a diaper cream used that has expired. 10A NCAC 09 .0803(1)(d) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. Prescription diaper cream was not in the box with the pharmacy label. .0803(2)(a) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. One new staff had a medical exam on file, but it was over a year old. 10A NCAC 09 .0701(a) 1065 Child care providers scheduled to work in the infant room, did not complete ITS-SIDS training within two months of employment or did not complete the training every three years. Child care administrators did not complete the ITS-SIDS training within 90 days of employment and every three years thereafter. The administrator did not have a current ITS-SIDS certification. .1102(f) 1324 Signed and dated statement by parent that discipline policy received and explained at enrollment was not in child's file. A child whose file was pulled did not have a discipline policy signed. .1804(c) 1834 Application did not have a medical action plan attached for any child with health care needs such as allergies, asthma, or other chronic conditions that require specialized health services. A child has a food allergy that no longer requires an epi pen, but the permission slip for Zyrtec is on site, but there is not an action plan to go along with it. .0801(b) 1908 A child's file did not have a statement with parent signature acknowledging receipt and explanation of the Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy and/or the acknowledgement did not have all the required information. A child whose file was pulled did not have the shaken baby and abusive head trauma policy signed. .0608(b)(1-6) Technical assistance was provided as follows: • In space 1B there was a diaper cream used that has expired. • In space 1B a prescription diaper cream was not in the box with the pharmacy label and was not locked. • There is a shelf in space 1B that is broken on top. • A child whose file was pulled did not have a discipline policy signed. • A child whose file was pulled did not have the shaken baby and abusive head trauma policy signed. • One new staff had a medical exam on file, but it was over a year old. • The administrator did not have a current ITS-SIDS certification. • A child has a food allergy that no longer requires an epi pen, but the permission slip for Zyrtec is on site, but there is not an action plan to go along with it. The staff stated that they are going ask the parent if the child if they still needs it at school. • Due to Tropical Store Helene, there are flexibilities in place for the outdoor play space. The playground needs more mulch near the climbing areas and less near the fence since it has caused the fence to be lower than the required 4 feet. 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 March 11, 2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: lee.marshall@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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: • Lead and asbestos testing deadlines have been extended till May 2025 with remediation funding available. • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • Please be reminded that when the ground is frozen, children should not be on the climbers due to the surfacing being compromised. • The summary of the law that is posted needs to be updated to the current version. • I am suggesting that the baby gate that leads to the to the bathroom, needs to be replaced since the screw is loose. • We discussed the front deck can’t be used as outside play space for the infants. Not only is there chipping paint, rotten wood and the border/fence is too low. If you want to use that space for the infants, you will need to submit a plan to me to be approved prior to licensing it for that purpose. We want to make sure that area can even be used for that purpose first. • We discussed the administrator hours and her homeschool schedule. She asked if her children could do their homeschool work in the office. Again, I wasn’t you to write up a plan and submit it to me for approval. 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. Criminal Background Check System (ABCMS)- 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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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. 110-91 · Violation
Name of Operation: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 2/25/2025 Number Present: 23 Completed Date: 2/25/2025 Age: From 0 To 5 Total Minutes: 390 Time In: 10:00 AM Time Out: 04:30 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 Georgia Lee Marshall, Child Care Consultant and also signed by Sara Isaacs, assistant administrator, during the visit. An electronic signed copy of the visit summary was left on-site. Today, Sara Isaacs, assistant administrator, was available to answer questions during the visit. The indoor and outdoor areas were monitored today, including (but not limited to) 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-three (83%) percentage as of 02/24/25. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Company, Sunny Side CDC, LLC, is current/active as of 2/24/25. Permit type – Four Star License issued 9/11/24. Special Services/Restrictions – Daytime care only, meets enhanced ratios and space. A change of ownership was conducted on 4/22/24 with a temporary license. The last fire drill was practiced on 1/25/25. The last lock down drill was practiced on 1/30/25. The last playground inspection was documented on 2/3/25. The last fire inspection was approved on 7/9/24. The last sanitation inspection was conducted on 12/20/24 with four (4) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum Teaching Strategies. Upon my arrival, I introduced myself and explained the reason for today’s visit. The administrator was not on site today due to sick children. Assistant administrator, Sara Isaacs was available to assist me. In space #1A- children were playing with a large tub of Kinetic sand. Children also were engaged in pretend play such as cooking and putting on makeup. In space 1B- children were playing on the floor with their teachers. One group was playing with wooden blocks and another small group was playing with the people figurines on the table. I also observed this classroom eating lunch. In space 2A- I observed these children outside playing. They were running and jumping, climbing, sliding and playing with balls. I also observed this group of children using colored pencils and paper at a table while another child playing in the kitchen area and one child played with mana-tiles. In space 2B- This group was also observed outside playing with the children from space 2A. After returning inside, children put their coats away and washed their hands. While waiting on lunch to arrive, children sat in the cozy area looking at books and some listened as the teacher read to them. In space 3- there were only two (2) children present today. One was getting a diaper change and the other one was practicing sitting up while waiting on a bottle to warm. Children are held to be fed bottles. One child transitioned to sitting in a bouncy seat and engaging with the teachers. Lunch today consisted of cheese quesadillas, carrots, peaches and milk. After lunch everyone transitioned into rest time. 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 program does not provide transportation. The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. There is a shelf in space 1B that is broken on top. G.S. 110-91(6); .0601(b) 841 Medications including prescription and non-prescription items were not stored in a locked cabinet or other locked container. Prescription diaper cream was not locked. 15A NCAC 18A .2820(d) 843 A drug or medicine was administered after its expiration date. In space 1B there was a diaper cream used that has expired. 10A NCAC 09 .0803(1)(d) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. Prescription diaper cream was not in the box with the pharmacy label. .0803(2)(a) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. One new staff had a medical exam on file, but it was over a year old. 10A NCAC 09 .0701(a) 1065 Child care providers scheduled to work in the infant room, did not complete ITS-SIDS training within two months of employment or did not complete the training every three years. Child care administrators did not complete the ITS-SIDS training within 90 days of employment and every three years thereafter. The administrator did not have a current ITS-SIDS certification. .1102(f) 1324 Signed and dated statement by parent that discipline policy received and explained at enrollment was not in child's file. A child whose file was pulled did not have a discipline policy signed. .1804(c) 1834 Application did not have a medical action plan attached for any child with health care needs such as allergies, asthma, or other chronic conditions that require specialized health services. A child has a food allergy that no longer requires an epi pen, but the permission slip for Zyrtec is on site, but there is not an action plan to go along with it. .0801(b) 1908 A child's file did not have a statement with parent signature acknowledging receipt and explanation of the Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy and/or the acknowledgement did not have all the required information. A child whose file was pulled did not have the shaken baby and abusive head trauma policy signed. .0608(b)(1-6) Technical assistance was provided as follows: • In space 1B there was a diaper cream used that has expired. • In space 1B a prescription diaper cream was not in the box with the pharmacy label and was not locked. • There is a shelf in space 1B that is broken on top. • A child whose file was pulled did not have a discipline policy signed. • A child whose file was pulled did not have the shaken baby and abusive head trauma policy signed. • One new staff had a medical exam on file, but it was over a year old. • The administrator did not have a current ITS-SIDS certification. • A child has a food allergy that no longer requires an epi pen, but the permission slip for Zyrtec is on site, but there is not an action plan to go along with it. The staff stated that they are going ask the parent if the child if they still needs it at school. • Due to Tropical Store Helene, there are flexibilities in place for the outdoor play space. The playground needs more mulch near the climbing areas and less near the fence since it has caused the fence to be lower than the required 4 feet. 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 March 11, 2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: lee.marshall@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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: • Lead and asbestos testing deadlines have been extended till May 2025 with remediation funding available. • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • Please be reminded that when the ground is frozen, children should not be on the climbers due to the surfacing being compromised. • The summary of the law that is posted needs to be updated to the current version. • I am suggesting that the baby gate that leads to the to the bathroom, needs to be replaced since the screw is loose. • We discussed the front deck can’t be used as outside play space for the infants. Not only is there chipping paint, rotten wood and the border/fence is too low. If you want to use that space for the infants, you will need to submit a plan to me to be approved prior to licensing it for that purpose. We want to make sure that area can even be used for that purpose first. • We discussed the administrator hours and her homeschool schedule. She asked if her children could do their homeschool work in the office. Again, I wasn’t you to write up a plan and submit it to me for approval. 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. Criminal Background Check System (ABCMS)- 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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 2/25/2025 Number Present: 23 Completed Date: 2/25/2025 Age: From 0 To 5 Total Minutes: 390 Time In: 10:00 AM Time Out: 04:30 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 Georgia Lee Marshall, Child Care Consultant and also signed by Sara Isaacs, assistant administrator, during the visit. An electronic signed copy of the visit summary was left on-site. Today, Sara Isaacs, assistant administrator, was available to answer questions during the visit. The indoor and outdoor areas were monitored today, including (but not limited to) 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-three (83%) percentage as of 02/24/25. The North Carolina Secretary of State website was viewed prior to today’s visit and the Limited Liability Company, Sunny Side CDC, LLC, is current/active as of 2/24/25. Permit type – Four Star License issued 9/11/24. Special Services/Restrictions – Daytime care only, meets enhanced ratios and space. A change of ownership was conducted on 4/22/24 with a temporary license. The last fire drill was practiced on 1/25/25. The last lock down drill was practiced on 1/30/25. The last playground inspection was documented on 2/3/25. The last fire inspection was approved on 7/9/24. The last sanitation inspection was conducted on 12/20/24 with four (4) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum Teaching Strategies. Upon my arrival, I introduced myself and explained the reason for today’s visit. The administrator was not on site today due to sick children. Assistant administrator, Sara Isaacs was available to assist me. In space #1A- children were playing with a large tub of Kinetic sand. Children also were engaged in pretend play such as cooking and putting on makeup. In space 1B- children were playing on the floor with their teachers. One group was playing with wooden blocks and another small group was playing with the people figurines on the table. I also observed this classroom eating lunch. In space 2A- I observed these children outside playing. They were running and jumping, climbing, sliding and playing with balls. I also observed this group of children using colored pencils and paper at a table while another child playing in the kitchen area and one child played with mana-tiles. In space 2B- This group was also observed outside playing with the children from space 2A. After returning inside, children put their coats away and washed their hands. While waiting on lunch to arrive, children sat in the cozy area looking at books and some listened as the teacher read to them. In space 3- there were only two (2) children present today. One was getting a diaper change and the other one was practicing sitting up while waiting on a bottle to warm. Children are held to be fed bottles. One child transitioned to sitting in a bouncy seat and engaging with the teachers. Lunch today consisted of cheese quesadillas, carrots, peaches and milk. After lunch everyone transitioned into rest time. 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 program does not provide transportation. The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. There is a shelf in space 1B that is broken on top. G.S. 110-91(6); .0601(b) 841 Medications including prescription and non-prescription items were not stored in a locked cabinet or other locked container. Prescription diaper cream was not locked. 15A NCAC 18A .2820(d) 843 A drug or medicine was administered after its expiration date. In space 1B there was a diaper cream used that has expired. 10A NCAC 09 .0803(1)(d) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. Prescription diaper cream was not in the box with the pharmacy label. .0803(2)(a) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. One new staff had a medical exam on file, but it was over a year old. 10A NCAC 09 .0701(a) 1065 Child care providers scheduled to work in the infant room, did not complete ITS-SIDS training within two months of employment or did not complete the training every three years. Child care administrators did not complete the ITS-SIDS training within 90 days of employment and every three years thereafter. The administrator did not have a current ITS-SIDS certification. .1102(f) 1324 Signed and dated statement by parent that discipline policy received and explained at enrollment was not in child's file. A child whose file was pulled did not have a discipline policy signed. .1804(c) 1834 Application did not have a medical action plan attached for any child with health care needs such as allergies, asthma, or other chronic conditions that require specialized health services. A child has a food allergy that no longer requires an epi pen, but the permission slip for Zyrtec is on site, but there is not an action plan to go along with it. .0801(b) 1908 A child's file did not have a statement with parent signature acknowledging receipt and explanation of the Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy and/or the acknowledgement did not have all the required information. A child whose file was pulled did not have the shaken baby and abusive head trauma policy signed. .0608(b)(1-6) Technical assistance was provided as follows: • In space 1B there was a diaper cream used that has expired. • In space 1B a prescription diaper cream was not in the box with the pharmacy label and was not locked. • There is a shelf in space 1B that is broken on top. • A child whose file was pulled did not have a discipline policy signed. • A child whose file was pulled did not have the shaken baby and abusive head trauma policy signed. • One new staff had a medical exam on file, but it was over a year old. • The administrator did not have a current ITS-SIDS certification. • A child has a food allergy that no longer requires an epi pen, but the permission slip for Zyrtec is on site, but there is not an action plan to go along with it. The staff stated that they are going ask the parent if the child if they still needs it at school. • Due to Tropical Store Helene, there are flexibilities in place for the outdoor play space. The playground needs more mulch near the climbing areas and less near the fence since it has caused the fence to be lower than the required 4 feet. 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 March 11, 2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: lee.marshall@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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: • Lead and asbestos testing deadlines have been extended till May 2025 with remediation funding available. • New Environment Rating Scales have arrived! Starting on February 1, 2025, the ECERS-3, ITERS-3, and FCCERS-3—also known as the "3s"—will be used for DCDEE assessments. Go to https://ncrlap.org/ for resources and training opportunities. • Please be reminded that when the ground is frozen, children should not be on the climbers due to the surfacing being compromised. • The summary of the law that is posted needs to be updated to the current version. • I am suggesting that the baby gate that leads to the to the bathroom, needs to be replaced since the screw is loose. • We discussed the front deck can’t be used as outside play space for the infants. Not only is there chipping paint, rotten wood and the border/fence is too low. If you want to use that space for the infants, you will need to submit a plan to me to be approved prior to licensing it for that purpose. We want to make sure that area can even be used for that purpose first. • We discussed the administrator hours and her homeschool schedule. She asked if her children could do their homeschool work in the office. Again, I wasn’t you to write up a plan and submit it to me for approval. 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. Criminal Background Check System (ABCMS)- 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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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 .1801 · Violation
Name of Operation: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: 1224-122L Visit Date: 12/16/2024 Number Present: 27 Completed Date: 12/16/2024 Age: From 0 To 5 Total Minutes: 255 Time In: 10:45 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today’s visit is to investigate allegations of non-compliance with the NC Child Care Licensing Requirements received by the agency on 12/09/24. Amber Fairbetter, administrator, was not on site today. Lynn (Sara) Isaacs, assistant director, was available to assist me during today’s visit. Ms. Fairbetter is temporarily only working on Friday’s, so Ms. Isaacs is in charge when she isn’t on site. According to the report: There are concerns of inadequate supervision. There are concerns of inappropriate discipline. There are concerns that children were not attended to in a nurturing and appropriate manner or in keeping with the children’s developmental needs. During today’s visit, I did a partial monitoring visit throughout the facility. Children were playing on the playground, doing a group art project and preparing for lunch. I interviewed all staff members that were present at the time of the reported incident. Based on the report and staff interviews, the allegations of inadequate supervision, and children were not attended to in a nurturing and appropriate manner or in keeping with the children’s developmental needs, were substantiated. Ms. Fairbetter is working on getting me the video footage of the incidents. According to administration; inadequate discipline (of her own child) occurred on 11/18/24, inadequate supervision occurred on 11/20/24 and the staff member involved was terminated on 11/21/24. According to staff interviews, a teacher (that is no longer employed) was heard yelling at children and saying things in front of them and about them that was not nurturing or appropriate. The following violations were documented during today’s visit: Violation Number Comment Rule 303 Children were not adequately supervised at all times. It was reported that a child went out the front door on 11/20/24 for less than 2 minutes without supervision .1801(a)(1-5) 872 Appropriate discipline practices were not followed. On one occasion a teacher took her own child into a bathroom and spanked them. .1803 902 Each child was not attended to in a nurturing and appropriate manner, or in keeping with the child's developmental needs. It was reported that a teacher was heard yelling at children. G.S. 110-91(10) Technical assistance was provided as follows: Item #.303 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS Children shall be adequately supervised at all times in child care centers. Adequate supervision shall mean that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. All of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Documentation of emergencies shall be maintained and available for review by Division representatives upon request. *It was reported that a child went out the front door on 11/20/24 for less than 2 minutes without supervision Item #.872 10A NCAC 09 .1803 PROHIBITED DISCIPLINE IN CHILD CARE CENTERS No child shall be subjected to any form of corporal punishment by the owner, operator, director, or staff of any child care center. For purposes of this Rule, "staff" shall mean any regular or substitute caregiver, any volunteer, and any auxiliary personnel, including cooks, secretaries, janitors, maids, or vehicle drivers. The following shall apply at all child care centers: (1) no child shall be handled roughly in any way, including shaking, pushing, shoving, pinching, slapping, biting, kicking, or spanking; (2) no child shall be placed in a locked room, closet, or box or be left alone in a room separated from staff; (3) no discipline shall be delegated to another child; (4) no food shall be withheld as punishment or given as a means of reward; (5) no child shall be disciplined for toileting accidents; (6) no child shall be disciplined for not sleeping during rest period; (7) no child shall be disciplined by assigning chores that require contact with or use of hazardous materials, such as cleaning bathrooms, floors, or emptying diaper pails; (8) physical activity, such as running laps and doing push-ups, shall not be withheld as punishment or required as punishment; (9) no child shall be yelled at, shamed, humiliated, frightened, threatened, or bullied; and (10) no child shall be restrained as a form of discipline unless the child's safety or the safety of others is at risk. For purposes of this Rule, "restraining" shall mean that a caregiver physically holds a child in a manner that restricts the child's movement, for a minimum amount of time necessary to ensure a safe environment. Notwithstanding any other provision of this Rule, no child shall be restrained through the use of heavy objects, including a caregiver's body, or any device such as straps, blankets, car seats, or cribs. Discipline practices shall be age and developmentally appropriate. *On one occasion a teacher took her own child into a bathroom and spanked them. Item #.902 § 110-91. Mandatory standards for a license. All child care facilities shall comply with all State laws and federal laws and local ordinances that pertain to child health, safety, and welfare. Except as otherwise provided in this Article, the standards in this section shall be complied with by all child care facilities. However, none of the standards in this section apply to the school-age children of the operator of a child care facility but do apply to the preschool-age children of the operator. Children 13 years of age or older may receive child care on a voluntary basis provided all applicable required standards are met. The standards in this section, along with any other applicable State laws and federal laws or local ordinances, shall be the required standards for the issuance of a license by the Secretary under the policies and procedures of the Commission except that the Commission may, in its discretion, adopt less stringent standards for the licensing of facilities which provide care on a temporary, part-time, drop-in, seasonal, after-school or other than a full-time basis. (10) Each operator or staff member shall attend to any child in a nurturing and appropriate manner, and in keeping with the child's developmental needs. Each child care facility shall have a written policy on discipline, describing the methods and practices used to discipline children enrolled in that facility. This written policy shall be discussed with, and a copy given to, each child's parent prior to the first time the child attends the facility. Subsequently, any change in discipline methods or practices shall be communicated in writing to the parents prior to the effective date of the change. The use of corporal punishment as a form of discipline is prohibited in child care facilities and may not be used by any operator or staff member of any child care facility, except that corporal punishment may be used in religious sponsored child care facilities as defined in G.S. 110-106, only if (i) the religious sponsored child care facility files with the Department a notice stating that corporal punishment is part of the religious training of its program, and (ii) the religious sponsored child care facility clearly states in its written policy of discipline that corporal punishment is part of the religious training of its program. The written policy on discipline of nonreligious sponsored child care facilities shall clearly state the prohibition on corporal punishment. *A teacher was heard yelling at children. 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 A compliance statement is due on or before December 30, 2024. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: lee.marshall@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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 .1803 · Violation
Name of Operation: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: 1224-122L Visit Date: 12/16/2024 Number Present: 27 Completed Date: 12/16/2024 Age: From 0 To 5 Total Minutes: 255 Time In: 10:45 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today’s visit is to investigate allegations of non-compliance with the NC Child Care Licensing Requirements received by the agency on 12/09/24. Amber Fairbetter, administrator, was not on site today. Lynn (Sara) Isaacs, assistant director, was available to assist me during today’s visit. Ms. Fairbetter is temporarily only working on Friday’s, so Ms. Isaacs is in charge when she isn’t on site. According to the report: There are concerns of inadequate supervision. There are concerns of inappropriate discipline. There are concerns that children were not attended to in a nurturing and appropriate manner or in keeping with the children’s developmental needs. During today’s visit, I did a partial monitoring visit throughout the facility. Children were playing on the playground, doing a group art project and preparing for lunch. I interviewed all staff members that were present at the time of the reported incident. Based on the report and staff interviews, the allegations of inadequate supervision, and children were not attended to in a nurturing and appropriate manner or in keeping with the children’s developmental needs, were substantiated. Ms. Fairbetter is working on getting me the video footage of the incidents. According to administration; inadequate discipline (of her own child) occurred on 11/18/24, inadequate supervision occurred on 11/20/24 and the staff member involved was terminated on 11/21/24. According to staff interviews, a teacher (that is no longer employed) was heard yelling at children and saying things in front of them and about them that was not nurturing or appropriate. The following violations were documented during today’s visit: Violation Number Comment Rule 303 Children were not adequately supervised at all times. It was reported that a child went out the front door on 11/20/24 for less than 2 minutes without supervision .1801(a)(1-5) 872 Appropriate discipline practices were not followed. On one occasion a teacher took her own child into a bathroom and spanked them. .1803 902 Each child was not attended to in a nurturing and appropriate manner, or in keeping with the child's developmental needs. It was reported that a teacher was heard yelling at children. G.S. 110-91(10) Technical assistance was provided as follows: Item #.303 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS Children shall be adequately supervised at all times in child care centers. Adequate supervision shall mean that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. All of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Documentation of emergencies shall be maintained and available for review by Division representatives upon request. *It was reported that a child went out the front door on 11/20/24 for less than 2 minutes without supervision Item #.872 10A NCAC 09 .1803 PROHIBITED DISCIPLINE IN CHILD CARE CENTERS No child shall be subjected to any form of corporal punishment by the owner, operator, director, or staff of any child care center. For purposes of this Rule, "staff" shall mean any regular or substitute caregiver, any volunteer, and any auxiliary personnel, including cooks, secretaries, janitors, maids, or vehicle drivers. The following shall apply at all child care centers: (1) no child shall be handled roughly in any way, including shaking, pushing, shoving, pinching, slapping, biting, kicking, or spanking; (2) no child shall be placed in a locked room, closet, or box or be left alone in a room separated from staff; (3) no discipline shall be delegated to another child; (4) no food shall be withheld as punishment or given as a means of reward; (5) no child shall be disciplined for toileting accidents; (6) no child shall be disciplined for not sleeping during rest period; (7) no child shall be disciplined by assigning chores that require contact with or use of hazardous materials, such as cleaning bathrooms, floors, or emptying diaper pails; (8) physical activity, such as running laps and doing push-ups, shall not be withheld as punishment or required as punishment; (9) no child shall be yelled at, shamed, humiliated, frightened, threatened, or bullied; and (10) no child shall be restrained as a form of discipline unless the child's safety or the safety of others is at risk. For purposes of this Rule, "restraining" shall mean that a caregiver physically holds a child in a manner that restricts the child's movement, for a minimum amount of time necessary to ensure a safe environment. Notwithstanding any other provision of this Rule, no child shall be restrained through the use of heavy objects, including a caregiver's body, or any device such as straps, blankets, car seats, or cribs. Discipline practices shall be age and developmentally appropriate. *On one occasion a teacher took her own child into a bathroom and spanked them. Item #.902 § 110-91. Mandatory standards for a license. All child care facilities shall comply with all State laws and federal laws and local ordinances that pertain to child health, safety, and welfare. Except as otherwise provided in this Article, the standards in this section shall be complied with by all child care facilities. However, none of the standards in this section apply to the school-age children of the operator of a child care facility but do apply to the preschool-age children of the operator. Children 13 years of age or older may receive child care on a voluntary basis provided all applicable required standards are met. The standards in this section, along with any other applicable State laws and federal laws or local ordinances, shall be the required standards for the issuance of a license by the Secretary under the policies and procedures of the Commission except that the Commission may, in its discretion, adopt less stringent standards for the licensing of facilities which provide care on a temporary, part-time, drop-in, seasonal, after-school or other than a full-time basis. (10) Each operator or staff member shall attend to any child in a nurturing and appropriate manner, and in keeping with the child's developmental needs. Each child care facility shall have a written policy on discipline, describing the methods and practices used to discipline children enrolled in that facility. This written policy shall be discussed with, and a copy given to, each child's parent prior to the first time the child attends the facility. Subsequently, any change in discipline methods or practices shall be communicated in writing to the parents prior to the effective date of the change. The use of corporal punishment as a form of discipline is prohibited in child care facilities and may not be used by any operator or staff member of any child care facility, except that corporal punishment may be used in religious sponsored child care facilities as defined in G.S. 110-106, only if (i) the religious sponsored child care facility files with the Department a notice stating that corporal punishment is part of the religious training of its program, and (ii) the religious sponsored child care facility clearly states in its written policy of discipline that corporal punishment is part of the religious training of its program. The written policy on discipline of nonreligious sponsored child care facilities shall clearly state the prohibition on corporal punishment. *A teacher was heard yelling at children. 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 A compliance statement is due on or before December 30, 2024. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: lee.marshall@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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. 110-106 · Violation
Name of Operation: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: 1224-122L Visit Date: 12/16/2024 Number Present: 27 Completed Date: 12/16/2024 Age: From 0 To 5 Total Minutes: 255 Time In: 10:45 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today’s visit is to investigate allegations of non-compliance with the NC Child Care Licensing Requirements received by the agency on 12/09/24. Amber Fairbetter, administrator, was not on site today. Lynn (Sara) Isaacs, assistant director, was available to assist me during today’s visit. Ms. Fairbetter is temporarily only working on Friday’s, so Ms. Isaacs is in charge when she isn’t on site. According to the report: There are concerns of inadequate supervision. There are concerns of inappropriate discipline. There are concerns that children were not attended to in a nurturing and appropriate manner or in keeping with the children’s developmental needs. During today’s visit, I did a partial monitoring visit throughout the facility. Children were playing on the playground, doing a group art project and preparing for lunch. I interviewed all staff members that were present at the time of the reported incident. Based on the report and staff interviews, the allegations of inadequate supervision, and children were not attended to in a nurturing and appropriate manner or in keeping with the children’s developmental needs, were substantiated. Ms. Fairbetter is working on getting me the video footage of the incidents. According to administration; inadequate discipline (of her own child) occurred on 11/18/24, inadequate supervision occurred on 11/20/24 and the staff member involved was terminated on 11/21/24. According to staff interviews, a teacher (that is no longer employed) was heard yelling at children and saying things in front of them and about them that was not nurturing or appropriate. The following violations were documented during today’s visit: Violation Number Comment Rule 303 Children were not adequately supervised at all times. It was reported that a child went out the front door on 11/20/24 for less than 2 minutes without supervision .1801(a)(1-5) 872 Appropriate discipline practices were not followed. On one occasion a teacher took her own child into a bathroom and spanked them. .1803 902 Each child was not attended to in a nurturing and appropriate manner, or in keeping with the child's developmental needs. It was reported that a teacher was heard yelling at children. G.S. 110-91(10) Technical assistance was provided as follows: Item #.303 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS Children shall be adequately supervised at all times in child care centers. Adequate supervision shall mean that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. All of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Documentation of emergencies shall be maintained and available for review by Division representatives upon request. *It was reported that a child went out the front door on 11/20/24 for less than 2 minutes without supervision Item #.872 10A NCAC 09 .1803 PROHIBITED DISCIPLINE IN CHILD CARE CENTERS No child shall be subjected to any form of corporal punishment by the owner, operator, director, or staff of any child care center. For purposes of this Rule, "staff" shall mean any regular or substitute caregiver, any volunteer, and any auxiliary personnel, including cooks, secretaries, janitors, maids, or vehicle drivers. The following shall apply at all child care centers: (1) no child shall be handled roughly in any way, including shaking, pushing, shoving, pinching, slapping, biting, kicking, or spanking; (2) no child shall be placed in a locked room, closet, or box or be left alone in a room separated from staff; (3) no discipline shall be delegated to another child; (4) no food shall be withheld as punishment or given as a means of reward; (5) no child shall be disciplined for toileting accidents; (6) no child shall be disciplined for not sleeping during rest period; (7) no child shall be disciplined by assigning chores that require contact with or use of hazardous materials, such as cleaning bathrooms, floors, or emptying diaper pails; (8) physical activity, such as running laps and doing push-ups, shall not be withheld as punishment or required as punishment; (9) no child shall be yelled at, shamed, humiliated, frightened, threatened, or bullied; and (10) no child shall be restrained as a form of discipline unless the child's safety or the safety of others is at risk. For purposes of this Rule, "restraining" shall mean that a caregiver physically holds a child in a manner that restricts the child's movement, for a minimum amount of time necessary to ensure a safe environment. Notwithstanding any other provision of this Rule, no child shall be restrained through the use of heavy objects, including a caregiver's body, or any device such as straps, blankets, car seats, or cribs. Discipline practices shall be age and developmentally appropriate. *On one occasion a teacher took her own child into a bathroom and spanked them. Item #.902 § 110-91. Mandatory standards for a license. All child care facilities shall comply with all State laws and federal laws and local ordinances that pertain to child health, safety, and welfare. Except as otherwise provided in this Article, the standards in this section shall be complied with by all child care facilities. However, none of the standards in this section apply to the school-age children of the operator of a child care facility but do apply to the preschool-age children of the operator. Children 13 years of age or older may receive child care on a voluntary basis provided all applicable required standards are met. The standards in this section, along with any other applicable State laws and federal laws or local ordinances, shall be the required standards for the issuance of a license by the Secretary under the policies and procedures of the Commission except that the Commission may, in its discretion, adopt less stringent standards for the licensing of facilities which provide care on a temporary, part-time, drop-in, seasonal, after-school or other than a full-time basis. (10) Each operator or staff member shall attend to any child in a nurturing and appropriate manner, and in keeping with the child's developmental needs. Each child care facility shall have a written policy on discipline, describing the methods and practices used to discipline children enrolled in that facility. This written policy shall be discussed with, and a copy given to, each child's parent prior to the first time the child attends the facility. Subsequently, any change in discipline methods or practices shall be communicated in writing to the parents prior to the effective date of the change. The use of corporal punishment as a form of discipline is prohibited in child care facilities and may not be used by any operator or staff member of any child care facility, except that corporal punishment may be used in religious sponsored child care facilities as defined in G.S. 110-106, only if (i) the religious sponsored child care facility files with the Department a notice stating that corporal punishment is part of the religious training of its program, and (ii) the religious sponsored child care facility clearly states in its written policy of discipline that corporal punishment is part of the religious training of its program. The written policy on discipline of nonreligious sponsored child care facilities shall clearly state the prohibition on corporal punishment. *A teacher was heard yelling at children. 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 A compliance statement is due on or before December 30, 2024. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: lee.marshall@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: 1224-122L Visit Date: 12/16/2024 Number Present: 27 Completed Date: 12/16/2024 Age: From 0 To 5 Total Minutes: 255 Time In: 10:45 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today’s visit is to investigate allegations of non-compliance with the NC Child Care Licensing Requirements received by the agency on 12/09/24. Amber Fairbetter, administrator, was not on site today. Lynn (Sara) Isaacs, assistant director, was available to assist me during today’s visit. Ms. Fairbetter is temporarily only working on Friday’s, so Ms. Isaacs is in charge when she isn’t on site. According to the report: There are concerns of inadequate supervision. There are concerns of inappropriate discipline. There are concerns that children were not attended to in a nurturing and appropriate manner or in keeping with the children’s developmental needs. During today’s visit, I did a partial monitoring visit throughout the facility. Children were playing on the playground, doing a group art project and preparing for lunch. I interviewed all staff members that were present at the time of the reported incident. Based on the report and staff interviews, the allegations of inadequate supervision, and children were not attended to in a nurturing and appropriate manner or in keeping with the children’s developmental needs, were substantiated. Ms. Fairbetter is working on getting me the video footage of the incidents. According to administration; inadequate discipline (of her own child) occurred on 11/18/24, inadequate supervision occurred on 11/20/24 and the staff member involved was terminated on 11/21/24. According to staff interviews, a teacher (that is no longer employed) was heard yelling at children and saying things in front of them and about them that was not nurturing or appropriate. The following violations were documented during today’s visit: Violation Number Comment Rule 303 Children were not adequately supervised at all times. It was reported that a child went out the front door on 11/20/24 for less than 2 minutes without supervision .1801(a)(1-5) 872 Appropriate discipline practices were not followed. On one occasion a teacher took her own child into a bathroom and spanked them. .1803 902 Each child was not attended to in a nurturing and appropriate manner, or in keeping with the child's developmental needs. It was reported that a teacher was heard yelling at children. G.S. 110-91(10) Technical assistance was provided as follows: Item #.303 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS Children shall be adequately supervised at all times in child care centers. Adequate supervision shall mean that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. All of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Documentation of emergencies shall be maintained and available for review by Division representatives upon request. *It was reported that a child went out the front door on 11/20/24 for less than 2 minutes without supervision Item #.872 10A NCAC 09 .1803 PROHIBITED DISCIPLINE IN CHILD CARE CENTERS No child shall be subjected to any form of corporal punishment by the owner, operator, director, or staff of any child care center. For purposes of this Rule, "staff" shall mean any regular or substitute caregiver, any volunteer, and any auxiliary personnel, including cooks, secretaries, janitors, maids, or vehicle drivers. The following shall apply at all child care centers: (1) no child shall be handled roughly in any way, including shaking, pushing, shoving, pinching, slapping, biting, kicking, or spanking; (2) no child shall be placed in a locked room, closet, or box or be left alone in a room separated from staff; (3) no discipline shall be delegated to another child; (4) no food shall be withheld as punishment or given as a means of reward; (5) no child shall be disciplined for toileting accidents; (6) no child shall be disciplined for not sleeping during rest period; (7) no child shall be disciplined by assigning chores that require contact with or use of hazardous materials, such as cleaning bathrooms, floors, or emptying diaper pails; (8) physical activity, such as running laps and doing push-ups, shall not be withheld as punishment or required as punishment; (9) no child shall be yelled at, shamed, humiliated, frightened, threatened, or bullied; and (10) no child shall be restrained as a form of discipline unless the child's safety or the safety of others is at risk. For purposes of this Rule, "restraining" shall mean that a caregiver physically holds a child in a manner that restricts the child's movement, for a minimum amount of time necessary to ensure a safe environment. Notwithstanding any other provision of this Rule, no child shall be restrained through the use of heavy objects, including a caregiver's body, or any device such as straps, blankets, car seats, or cribs. Discipline practices shall be age and developmentally appropriate. *On one occasion a teacher took her own child into a bathroom and spanked them. Item #.902 § 110-91. Mandatory standards for a license. All child care facilities shall comply with all State laws and federal laws and local ordinances that pertain to child health, safety, and welfare. Except as otherwise provided in this Article, the standards in this section shall be complied with by all child care facilities. However, none of the standards in this section apply to the school-age children of the operator of a child care facility but do apply to the preschool-age children of the operator. Children 13 years of age or older may receive child care on a voluntary basis provided all applicable required standards are met. The standards in this section, along with any other applicable State laws and federal laws or local ordinances, shall be the required standards for the issuance of a license by the Secretary under the policies and procedures of the Commission except that the Commission may, in its discretion, adopt less stringent standards for the licensing of facilities which provide care on a temporary, part-time, drop-in, seasonal, after-school or other than a full-time basis. (10) Each operator or staff member shall attend to any child in a nurturing and appropriate manner, and in keeping with the child's developmental needs. Each child care facility shall have a written policy on discipline, describing the methods and practices used to discipline children enrolled in that facility. This written policy shall be discussed with, and a copy given to, each child's parent prior to the first time the child attends the facility. Subsequently, any change in discipline methods or practices shall be communicated in writing to the parents prior to the effective date of the change. The use of corporal punishment as a form of discipline is prohibited in child care facilities and may not be used by any operator or staff member of any child care facility, except that corporal punishment may be used in religious sponsored child care facilities as defined in G.S. 110-106, only if (i) the religious sponsored child care facility files with the Department a notice stating that corporal punishment is part of the religious training of its program, and (ii) the religious sponsored child care facility clearly states in its written policy of discipline that corporal punishment is part of the religious training of its program. The written policy on discipline of nonreligious sponsored child care facilities shall clearly state the prohibition on corporal punishment. *A teacher was heard yelling at children. 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 A compliance statement is due on or before December 30, 2024. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: lee.marshall@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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. 110-91 · Violation
Name of Operation: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: 1224-122L Visit Date: 12/16/2024 Number Present: 27 Completed Date: 12/16/2024 Age: From 0 To 5 Total Minutes: 255 Time In: 10:45 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today’s visit is to investigate allegations of non-compliance with the NC Child Care Licensing Requirements received by the agency on 12/09/24. Amber Fairbetter, administrator, was not on site today. Lynn (Sara) Isaacs, assistant director, was available to assist me during today’s visit. Ms. Fairbetter is temporarily only working on Friday’s, so Ms. Isaacs is in charge when she isn’t on site. According to the report: There are concerns of inadequate supervision. There are concerns of inappropriate discipline. There are concerns that children were not attended to in a nurturing and appropriate manner or in keeping with the children’s developmental needs. During today’s visit, I did a partial monitoring visit throughout the facility. Children were playing on the playground, doing a group art project and preparing for lunch. I interviewed all staff members that were present at the time of the reported incident. Based on the report and staff interviews, the allegations of inadequate supervision, and children were not attended to in a nurturing and appropriate manner or in keeping with the children’s developmental needs, were substantiated. Ms. Fairbetter is working on getting me the video footage of the incidents. According to administration; inadequate discipline (of her own child) occurred on 11/18/24, inadequate supervision occurred on 11/20/24 and the staff member involved was terminated on 11/21/24. According to staff interviews, a teacher (that is no longer employed) was heard yelling at children and saying things in front of them and about them that was not nurturing or appropriate. The following violations were documented during today’s visit: Violation Number Comment Rule 303 Children were not adequately supervised at all times. It was reported that a child went out the front door on 11/20/24 for less than 2 minutes without supervision .1801(a)(1-5) 872 Appropriate discipline practices were not followed. On one occasion a teacher took her own child into a bathroom and spanked them. .1803 902 Each child was not attended to in a nurturing and appropriate manner, or in keeping with the child's developmental needs. It was reported that a teacher was heard yelling at children. G.S. 110-91(10) Technical assistance was provided as follows: Item #.303 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS Children shall be adequately supervised at all times in child care centers. Adequate supervision shall mean that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. All of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Documentation of emergencies shall be maintained and available for review by Division representatives upon request. *It was reported that a child went out the front door on 11/20/24 for less than 2 minutes without supervision Item #.872 10A NCAC 09 .1803 PROHIBITED DISCIPLINE IN CHILD CARE CENTERS No child shall be subjected to any form of corporal punishment by the owner, operator, director, or staff of any child care center. For purposes of this Rule, "staff" shall mean any regular or substitute caregiver, any volunteer, and any auxiliary personnel, including cooks, secretaries, janitors, maids, or vehicle drivers. The following shall apply at all child care centers: (1) no child shall be handled roughly in any way, including shaking, pushing, shoving, pinching, slapping, biting, kicking, or spanking; (2) no child shall be placed in a locked room, closet, or box or be left alone in a room separated from staff; (3) no discipline shall be delegated to another child; (4) no food shall be withheld as punishment or given as a means of reward; (5) no child shall be disciplined for toileting accidents; (6) no child shall be disciplined for not sleeping during rest period; (7) no child shall be disciplined by assigning chores that require contact with or use of hazardous materials, such as cleaning bathrooms, floors, or emptying diaper pails; (8) physical activity, such as running laps and doing push-ups, shall not be withheld as punishment or required as punishment; (9) no child shall be yelled at, shamed, humiliated, frightened, threatened, or bullied; and (10) no child shall be restrained as a form of discipline unless the child's safety or the safety of others is at risk. For purposes of this Rule, "restraining" shall mean that a caregiver physically holds a child in a manner that restricts the child's movement, for a minimum amount of time necessary to ensure a safe environment. Notwithstanding any other provision of this Rule, no child shall be restrained through the use of heavy objects, including a caregiver's body, or any device such as straps, blankets, car seats, or cribs. Discipline practices shall be age and developmentally appropriate. *On one occasion a teacher took her own child into a bathroom and spanked them. Item #.902 § 110-91. Mandatory standards for a license. All child care facilities shall comply with all State laws and federal laws and local ordinances that pertain to child health, safety, and welfare. Except as otherwise provided in this Article, the standards in this section shall be complied with by all child care facilities. However, none of the standards in this section apply to the school-age children of the operator of a child care facility but do apply to the preschool-age children of the operator. Children 13 years of age or older may receive child care on a voluntary basis provided all applicable required standards are met. The standards in this section, along with any other applicable State laws and federal laws or local ordinances, shall be the required standards for the issuance of a license by the Secretary under the policies and procedures of the Commission except that the Commission may, in its discretion, adopt less stringent standards for the licensing of facilities which provide care on a temporary, part-time, drop-in, seasonal, after-school or other than a full-time basis. (10) Each operator or staff member shall attend to any child in a nurturing and appropriate manner, and in keeping with the child's developmental needs. Each child care facility shall have a written policy on discipline, describing the methods and practices used to discipline children enrolled in that facility. This written policy shall be discussed with, and a copy given to, each child's parent prior to the first time the child attends the facility. Subsequently, any change in discipline methods or practices shall be communicated in writing to the parents prior to the effective date of the change. The use of corporal punishment as a form of discipline is prohibited in child care facilities and may not be used by any operator or staff member of any child care facility, except that corporal punishment may be used in religious sponsored child care facilities as defined in G.S. 110-106, only if (i) the religious sponsored child care facility files with the Department a notice stating that corporal punishment is part of the religious training of its program, and (ii) the religious sponsored child care facility clearly states in its written policy of discipline that corporal punishment is part of the religious training of its program. The written policy on discipline of nonreligious sponsored child care facilities shall clearly state the prohibition on corporal punishment. *A teacher was heard yelling at children. 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 A compliance statement is due on or before December 30, 2024. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: lee.marshall@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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. 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 lee.marshall@dhhs.nc.gov or 828.434.0236, 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 .0803 · Violation
Name of Operation: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 6/25/2024 Number Present: 32 Completed Date: 6/25/2024 Age: From 0 To 8 Total Minutes: 305 Time In: 10:25 AM Time Out: 03:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance with applicable child care requirements during the second temporary time period visit. This facility is on a temporary license due to a change of ownership. Amber Fairbetter, Administrator, was on vacation this week. Lynn Isaacs, assistant administrator was on site and available to answer and ask questions. Jennifer Davis, office assistant was also available to assist me during today’s visit. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed, and a copy left with you. Currently this center operates with a Temporary License, issued 3/11/24 and is effective through 9/11/24. The restrictions include daytime care only, meets enhanced ratios and meets enhanced space. The Secretary of State website was reviewed today, 6/25/24, and the company, Sunny Side CDC, LLC, is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 6/25/24. The last shelter-in-place drill or lockdown drill was practiced 4/11/24. The last monthly playground inspection was documented on 6/3/24. A sanitation inspection must be completed during the temporary time period. An approved fire inspection must be completed during the temporary time period. An approved building inspection must be completed during the temporary time period. Administrative, operational and personnel policies must be submitted, reviewed, and must meet all required topics prior to the expiration of the temporary license. The Emergency Preparedness Response (EPR) plan was completed on 3/5/24. Administrator completed EPR training on 6/20/16. The emergency medical care (EMC) plan was posted. The incident log was in use. When I arrived, there were three classrooms (from spaces # 1A, 1B and 2A) outside playing on the playground. Children were riding on trikes, playing in the sandbox and throwing balls. Two children were playing in the dirt making a cake while singing “peanut butter jelly time”. Other children were coming in to use the bathroom or get their diapers changed. Teachers were making sure that children’s hands were washed. One (1) group of children (from space 2B) were playing on the front deck area while their teachers sat and engaged with them. Later, I observed that same group of children playing in centers with a variety of materials while teachers engaged in their play. One child was so proud of the table that she sat with plates and cups for her tea party. In space #3, one infant was being fed a bottle and rocked, while the rest of the children sat in high chairs or at the table and ate lunch. After lunch, children settled down on their cots for rest time. Lunch today was cheese quesadilla on whole grain tortilla shell, carrots, grapes and milk. Four (4) children files were monitored. There are thirteen (13) staff. Two (2) staff files were monitored (one [1] of which was a new emploee. To continue to serve children on subsidy vouchers, the facility must transition to a three-star license or higher. If the facility cannot achieve a three-star license or higher, no children can be served that receive subsidy vouchers. Due to the ownership change, the facility has the option to use the previous ownership’s star rating points and be included in the rated license cycle for the previous facility, Cohort 1. 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 824 Outdoor play area was not enclosed by fence with a minimum height of 4 feet. The top of the fence, less than six feet, was not free from protrusions. The fence did not measure the minimum of four (4) feet high all the way around. GS 110-91(6); .0605((i) 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. In spaces 1A and 1B, there was an unlocked aerosol sunscreen. .2820(b) 843 A drug or medicine was administered after its expiration date. In spaces 1A and 1B, there was an expired diaper cream, an expired sunscreen and two (2) expired permission slips (past 1 year). 10A NCAC 09 .0803(1)(d) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The surfacing under the climbers and slides did not measure 6 inches deep. .0605(k)(1-4) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff M.P. did not have a medical (physical) prior to beginning work. .0701(d) Technical assistance for correction plan: Items # 824 and 1867 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (i) The outdoor play area shall be protected by a fence. The height shall be a minimum of four feet and the top of the fence shall be free of protrusions. The requirement disallowing protrusions on the tops of fences shall not apply to fences six feet high or above. The fencing shall exclude fixed bodies of water such as ditches, quarries, canals, excavations, and fish ponds. Gates to the fenced outdoor play area shall remain closed while children occupy the area. Note: The fence did not measure the minimum of four (4) feet high all the way around. (k) The depth of the loose surfacing material shall be based on the critical height of the equipment, which is defined as the maximum height that a child may sit, or stand, as follows: (1) equipment with a critical height of 5 feet or less shall have 6 inches of loose surface materials; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. Note: The surfacing under the climbers and slides did not measure 6 inches deep. Item #1032 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Prior to employment. When submitted, the medical statement shall not be older than 12 months. Note: Staff M.P. did not have a medical (physical) prior to beginning work. 10A NCAC 09 .0803 Item #843 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (1) No prescription or over-the-counter medication and no topical, non-medical ointment, repellent, lotion, cream, fluoridated toothpaste, or powder shall be administered to any child: (a) without written authorization from the child's parent; (b) without written instructions from the child's parent, physician or other health professional; (c) in any manner not authorized by the child's parent, physician or other health professional; (d) after its expiration date; (e) for non-medical reasons, such as to induce sleep; or (f) with a known allergy to the medication. Note: In spaces 1A and 1B, there was an expired diaper cream, an expired sunscreen and two (2) expired permission slips (past 1 year). Item #840 15A NCAC 18A .2820 STORAGE (b) Toxic substances, which include 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 the 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 lock, electronic or magnetic device, keypad, key, or equivalent locking device. Keys and electronic or magnetic 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 other product that is labeled "keep out of reach of children" and does not have any other warnings on the label shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. For the purpose of Paragraphs (b), (c), and (d) of this Rule, a 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. Note: In spaces 1A and 1B, there was an unlocked aerosol sunscreen. 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 on or before 7/9/24. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: lee.marshall@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education (DCDEE) Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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. Rated License Assessment: Compliance History: The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. The compliance history prior to the visit today was Ninety-five percent (95%). Staff Education: It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied 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. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: The Initial Application for a Two Component Star Rated License can be found on the Division’s website and the Rated License Request for Review form can be requested if you choose to apply for a two through five-star rated license and have the (ERS) assessment. *Note - The facility may choose to use program standard points from the previous ownership. Quality Point: A quality point has not been determined. *Note - The facility may choose to use the quality point from the previous ownership. Curriculum: All four and five star rated license facilities must implement an approved curriculum with four-year-old children. The curriculum implemented is Creative Curriculum Teaching Strategies. Consultation: • The sand in the sandbox needs to be replenished. • When I arrived, teachers on the playground were all sitting at the picnic table. Teachers need to be engaged and interacting with the children. • Soda’s need to be in an opaque container. Covering is better than nothing, but children still know what you have that they can’t have. • Remember that when children under two years old are eating, a teacher must be within arms reach of them to render assistance if needed. • Children can’t walk around with a bottle. If they are drinking a bottle, they must be sitting or held. • Remember that cots must be at least 18 inches apart but preferably 3 feet. 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 the child care consultant within thirty (30) days prior to the change. Failure to notify the child care consultant, may result in a violation of child care requirements. Health and Safety Training 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 as needed. Please continue to visit DCDEE’s website to get the latest information for child care at https://ncchildcare.ncdhhs.gov/. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at lee.marshall@dhhs.nc.gov or 828.434.0236, or my supervisor, Bonnie Mathis 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 .0102 · Violation
Name of Operation: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 6/25/2024 Number Present: 32 Completed Date: 6/25/2024 Age: From 0 To 8 Total Minutes: 305 Time In: 10:25 AM Time Out: 03:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance with applicable child care requirements during the second temporary time period visit. This facility is on a temporary license due to a change of ownership. Amber Fairbetter, Administrator, was on vacation this week. Lynn Isaacs, assistant administrator was on site and available to answer and ask questions. Jennifer Davis, office assistant was also available to assist me during today’s visit. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed, and a copy left with you. Currently this center operates with a Temporary License, issued 3/11/24 and is effective through 9/11/24. The restrictions include daytime care only, meets enhanced ratios and meets enhanced space. The Secretary of State website was reviewed today, 6/25/24, and the company, Sunny Side CDC, LLC, is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 6/25/24. The last shelter-in-place drill or lockdown drill was practiced 4/11/24. The last monthly playground inspection was documented on 6/3/24. A sanitation inspection must be completed during the temporary time period. An approved fire inspection must be completed during the temporary time period. An approved building inspection must be completed during the temporary time period. Administrative, operational and personnel policies must be submitted, reviewed, and must meet all required topics prior to the expiration of the temporary license. The Emergency Preparedness Response (EPR) plan was completed on 3/5/24. Administrator completed EPR training on 6/20/16. The emergency medical care (EMC) plan was posted. The incident log was in use. When I arrived, there were three classrooms (from spaces # 1A, 1B and 2A) outside playing on the playground. Children were riding on trikes, playing in the sandbox and throwing balls. Two children were playing in the dirt making a cake while singing “peanut butter jelly time”. Other children were coming in to use the bathroom or get their diapers changed. Teachers were making sure that children’s hands were washed. One (1) group of children (from space 2B) were playing on the front deck area while their teachers sat and engaged with them. Later, I observed that same group of children playing in centers with a variety of materials while teachers engaged in their play. One child was so proud of the table that she sat with plates and cups for her tea party. In space #3, one infant was being fed a bottle and rocked, while the rest of the children sat in high chairs or at the table and ate lunch. After lunch, children settled down on their cots for rest time. Lunch today was cheese quesadilla on whole grain tortilla shell, carrots, grapes and milk. Four (4) children files were monitored. There are thirteen (13) staff. Two (2) staff files were monitored (one [1] of which was a new emploee. To continue to serve children on subsidy vouchers, the facility must transition to a three-star license or higher. If the facility cannot achieve a three-star license or higher, no children can be served that receive subsidy vouchers. Due to the ownership change, the facility has the option to use the previous ownership’s star rating points and be included in the rated license cycle for the previous facility, Cohort 1. 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 824 Outdoor play area was not enclosed by fence with a minimum height of 4 feet. The top of the fence, less than six feet, was not free from protrusions. The fence did not measure the minimum of four (4) feet high all the way around. GS 110-91(6); .0605((i) 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. In spaces 1A and 1B, there was an unlocked aerosol sunscreen. .2820(b) 843 A drug or medicine was administered after its expiration date. In spaces 1A and 1B, there was an expired diaper cream, an expired sunscreen and two (2) expired permission slips (past 1 year). 10A NCAC 09 .0803(1)(d) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The surfacing under the climbers and slides did not measure 6 inches deep. .0605(k)(1-4) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff M.P. did not have a medical (physical) prior to beginning work. .0701(d) Technical assistance for correction plan: Items # 824 and 1867 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (i) The outdoor play area shall be protected by a fence. The height shall be a minimum of four feet and the top of the fence shall be free of protrusions. The requirement disallowing protrusions on the tops of fences shall not apply to fences six feet high or above. The fencing shall exclude fixed bodies of water such as ditches, quarries, canals, excavations, and fish ponds. Gates to the fenced outdoor play area shall remain closed while children occupy the area. Note: The fence did not measure the minimum of four (4) feet high all the way around. (k) The depth of the loose surfacing material shall be based on the critical height of the equipment, which is defined as the maximum height that a child may sit, or stand, as follows: (1) equipment with a critical height of 5 feet or less shall have 6 inches of loose surface materials; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. Note: The surfacing under the climbers and slides did not measure 6 inches deep. Item #1032 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Prior to employment. When submitted, the medical statement shall not be older than 12 months. Note: Staff M.P. did not have a medical (physical) prior to beginning work. 10A NCAC 09 .0803 Item #843 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (1) No prescription or over-the-counter medication and no topical, non-medical ointment, repellent, lotion, cream, fluoridated toothpaste, or powder shall be administered to any child: (a) without written authorization from the child's parent; (b) without written instructions from the child's parent, physician or other health professional; (c) in any manner not authorized by the child's parent, physician or other health professional; (d) after its expiration date; (e) for non-medical reasons, such as to induce sleep; or (f) with a known allergy to the medication. Note: In spaces 1A and 1B, there was an expired diaper cream, an expired sunscreen and two (2) expired permission slips (past 1 year). Item #840 15A NCAC 18A .2820 STORAGE (b) Toxic substances, which include 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 the 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 lock, electronic or magnetic device, keypad, key, or equivalent locking device. Keys and electronic or magnetic 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 other product that is labeled "keep out of reach of children" and does not have any other warnings on the label shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. For the purpose of Paragraphs (b), (c), and (d) of this Rule, a 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. Note: In spaces 1A and 1B, there was an unlocked aerosol sunscreen. 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 on or before 7/9/24. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: lee.marshall@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education (DCDEE) Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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. Rated License Assessment: Compliance History: The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. The compliance history prior to the visit today was Ninety-five percent (95%). Staff Education: It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied 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. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: The Initial Application for a Two Component Star Rated License can be found on the Division’s website and the Rated License Request for Review form can be requested if you choose to apply for a two through five-star rated license and have the (ERS) assessment. *Note - The facility may choose to use program standard points from the previous ownership. Quality Point: A quality point has not been determined. *Note - The facility may choose to use the quality point from the previous ownership. Curriculum: All four and five star rated license facilities must implement an approved curriculum with four-year-old children. The curriculum implemented is Creative Curriculum Teaching Strategies. Consultation: • The sand in the sandbox needs to be replenished. • When I arrived, teachers on the playground were all sitting at the picnic table. Teachers need to be engaged and interacting with the children. • Soda’s need to be in an opaque container. Covering is better than nothing, but children still know what you have that they can’t have. • Remember that when children under two years old are eating, a teacher must be within arms reach of them to render assistance if needed. • Children can’t walk around with a bottle. If they are drinking a bottle, they must be sitting or held. • Remember that cots must be at least 18 inches apart but preferably 3 feet. 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 the child care consultant within thirty (30) days prior to the change. Failure to notify the child care consultant, may result in a violation of child care requirements. Health and Safety Training 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 as needed. Please continue to visit DCDEE’s website to get the latest information for child care at https://ncchildcare.ncdhhs.gov/. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at lee.marshall@dhhs.nc.gov or 828.434.0236, or my supervisor, Bonnie Mathis 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 6/25/2024 Number Present: 32 Completed Date: 6/25/2024 Age: From 0 To 8 Total Minutes: 305 Time In: 10:25 AM Time Out: 03:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance with applicable child care requirements during the second temporary time period visit. This facility is on a temporary license due to a change of ownership. Amber Fairbetter, Administrator, was on vacation this week. Lynn Isaacs, assistant administrator was on site and available to answer and ask questions. Jennifer Davis, office assistant was also available to assist me during today’s visit. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed, and a copy left with you. Currently this center operates with a Temporary License, issued 3/11/24 and is effective through 9/11/24. The restrictions include daytime care only, meets enhanced ratios and meets enhanced space. The Secretary of State website was reviewed today, 6/25/24, and the company, Sunny Side CDC, LLC, is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 6/25/24. The last shelter-in-place drill or lockdown drill was practiced 4/11/24. The last monthly playground inspection was documented on 6/3/24. A sanitation inspection must be completed during the temporary time period. An approved fire inspection must be completed during the temporary time period. An approved building inspection must be completed during the temporary time period. Administrative, operational and personnel policies must be submitted, reviewed, and must meet all required topics prior to the expiration of the temporary license. The Emergency Preparedness Response (EPR) plan was completed on 3/5/24. Administrator completed EPR training on 6/20/16. The emergency medical care (EMC) plan was posted. The incident log was in use. When I arrived, there were three classrooms (from spaces # 1A, 1B and 2A) outside playing on the playground. Children were riding on trikes, playing in the sandbox and throwing balls. Two children were playing in the dirt making a cake while singing “peanut butter jelly time”. Other children were coming in to use the bathroom or get their diapers changed. Teachers were making sure that children’s hands were washed. One (1) group of children (from space 2B) were playing on the front deck area while their teachers sat and engaged with them. Later, I observed that same group of children playing in centers with a variety of materials while teachers engaged in their play. One child was so proud of the table that she sat with plates and cups for her tea party. In space #3, one infant was being fed a bottle and rocked, while the rest of the children sat in high chairs or at the table and ate lunch. After lunch, children settled down on their cots for rest time. Lunch today was cheese quesadilla on whole grain tortilla shell, carrots, grapes and milk. Four (4) children files were monitored. There are thirteen (13) staff. Two (2) staff files were monitored (one [1] of which was a new emploee. To continue to serve children on subsidy vouchers, the facility must transition to a three-star license or higher. If the facility cannot achieve a three-star license or higher, no children can be served that receive subsidy vouchers. Due to the ownership change, the facility has the option to use the previous ownership’s star rating points and be included in the rated license cycle for the previous facility, Cohort 1. 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 824 Outdoor play area was not enclosed by fence with a minimum height of 4 feet. The top of the fence, less than six feet, was not free from protrusions. The fence did not measure the minimum of four (4) feet high all the way around. GS 110-91(6); .0605((i) 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. In spaces 1A and 1B, there was an unlocked aerosol sunscreen. .2820(b) 843 A drug or medicine was administered after its expiration date. In spaces 1A and 1B, there was an expired diaper cream, an expired sunscreen and two (2) expired permission slips (past 1 year). 10A NCAC 09 .0803(1)(d) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The surfacing under the climbers and slides did not measure 6 inches deep. .0605(k)(1-4) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff M.P. did not have a medical (physical) prior to beginning work. .0701(d) Technical assistance for correction plan: Items # 824 and 1867 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (i) The outdoor play area shall be protected by a fence. The height shall be a minimum of four feet and the top of the fence shall be free of protrusions. The requirement disallowing protrusions on the tops of fences shall not apply to fences six feet high or above. The fencing shall exclude fixed bodies of water such as ditches, quarries, canals, excavations, and fish ponds. Gates to the fenced outdoor play area shall remain closed while children occupy the area. Note: The fence did not measure the minimum of four (4) feet high all the way around. (k) The depth of the loose surfacing material shall be based on the critical height of the equipment, which is defined as the maximum height that a child may sit, or stand, as follows: (1) equipment with a critical height of 5 feet or less shall have 6 inches of loose surface materials; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. Note: The surfacing under the climbers and slides did not measure 6 inches deep. Item #1032 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Prior to employment. When submitted, the medical statement shall not be older than 12 months. Note: Staff M.P. did not have a medical (physical) prior to beginning work. 10A NCAC 09 .0803 Item #843 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (1) No prescription or over-the-counter medication and no topical, non-medical ointment, repellent, lotion, cream, fluoridated toothpaste, or powder shall be administered to any child: (a) without written authorization from the child's parent; (b) without written instructions from the child's parent, physician or other health professional; (c) in any manner not authorized by the child's parent, physician or other health professional; (d) after its expiration date; (e) for non-medical reasons, such as to induce sleep; or (f) with a known allergy to the medication. Note: In spaces 1A and 1B, there was an expired diaper cream, an expired sunscreen and two (2) expired permission slips (past 1 year). Item #840 15A NCAC 18A .2820 STORAGE (b) Toxic substances, which include 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 the 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 lock, electronic or magnetic device, keypad, key, or equivalent locking device. Keys and electronic or magnetic 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 other product that is labeled "keep out of reach of children" and does not have any other warnings on the label shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. For the purpose of Paragraphs (b), (c), and (d) of this Rule, a 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. Note: In spaces 1A and 1B, there was an unlocked aerosol sunscreen. 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 on or before 7/9/24. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: lee.marshall@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education (DCDEE) Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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. Rated License Assessment: Compliance History: The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. The compliance history prior to the visit today was Ninety-five percent (95%). Staff Education: It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied 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. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: The Initial Application for a Two Component Star Rated License can be found on the Division’s website and the Rated License Request for Review form can be requested if you choose to apply for a two through five-star rated license and have the (ERS) assessment. *Note - The facility may choose to use program standard points from the previous ownership. Quality Point: A quality point has not been determined. *Note - The facility may choose to use the quality point from the previous ownership. Curriculum: All four and five star rated license facilities must implement an approved curriculum with four-year-old children. The curriculum implemented is Creative Curriculum Teaching Strategies. Consultation: • The sand in the sandbox needs to be replenished. • When I arrived, teachers on the playground were all sitting at the picnic table. Teachers need to be engaged and interacting with the children. • Soda’s need to be in an opaque container. Covering is better than nothing, but children still know what you have that they can’t have. • Remember that when children under two years old are eating, a teacher must be within arms reach of them to render assistance if needed. • Children can’t walk around with a bottle. If they are drinking a bottle, they must be sitting or held. • Remember that cots must be at least 18 inches apart but preferably 3 feet. 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 the child care consultant within thirty (30) days prior to the change. Failure to notify the child care consultant, may result in a violation of child care requirements. Health and Safety Training 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 as needed. Please continue to visit DCDEE’s website to get the latest information for child care at https://ncchildcare.ncdhhs.gov/. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at lee.marshall@dhhs.nc.gov or 828.434.0236, or my supervisor, Bonnie Mathis 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 6/25/2024 Number Present: 32 Completed Date: 6/25/2024 Age: From 0 To 8 Total Minutes: 305 Time In: 10:25 AM Time Out: 03:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance with applicable child care requirements during the second temporary time period visit. This facility is on a temporary license due to a change of ownership. Amber Fairbetter, Administrator, was on vacation this week. Lynn Isaacs, assistant administrator was on site and available to answer and ask questions. Jennifer Davis, office assistant was also available to assist me during today’s visit. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed, and a copy left with you. Currently this center operates with a Temporary License, issued 3/11/24 and is effective through 9/11/24. The restrictions include daytime care only, meets enhanced ratios and meets enhanced space. The Secretary of State website was reviewed today, 6/25/24, and the company, Sunny Side CDC, LLC, is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 6/25/24. The last shelter-in-place drill or lockdown drill was practiced 4/11/24. The last monthly playground inspection was documented on 6/3/24. A sanitation inspection must be completed during the temporary time period. An approved fire inspection must be completed during the temporary time period. An approved building inspection must be completed during the temporary time period. Administrative, operational and personnel policies must be submitted, reviewed, and must meet all required topics prior to the expiration of the temporary license. The Emergency Preparedness Response (EPR) plan was completed on 3/5/24. Administrator completed EPR training on 6/20/16. The emergency medical care (EMC) plan was posted. The incident log was in use. When I arrived, there were three classrooms (from spaces # 1A, 1B and 2A) outside playing on the playground. Children were riding on trikes, playing in the sandbox and throwing balls. Two children were playing in the dirt making a cake while singing “peanut butter jelly time”. Other children were coming in to use the bathroom or get their diapers changed. Teachers were making sure that children’s hands were washed. One (1) group of children (from space 2B) were playing on the front deck area while their teachers sat and engaged with them. Later, I observed that same group of children playing in centers with a variety of materials while teachers engaged in their play. One child was so proud of the table that she sat with plates and cups for her tea party. In space #3, one infant was being fed a bottle and rocked, while the rest of the children sat in high chairs or at the table and ate lunch. After lunch, children settled down on their cots for rest time. Lunch today was cheese quesadilla on whole grain tortilla shell, carrots, grapes and milk. Four (4) children files were monitored. There are thirteen (13) staff. Two (2) staff files were monitored (one [1] of which was a new emploee. To continue to serve children on subsidy vouchers, the facility must transition to a three-star license or higher. If the facility cannot achieve a three-star license or higher, no children can be served that receive subsidy vouchers. Due to the ownership change, the facility has the option to use the previous ownership’s star rating points and be included in the rated license cycle for the previous facility, Cohort 1. 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 824 Outdoor play area was not enclosed by fence with a minimum height of 4 feet. The top of the fence, less than six feet, was not free from protrusions. The fence did not measure the minimum of four (4) feet high all the way around. GS 110-91(6); .0605((i) 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. In spaces 1A and 1B, there was an unlocked aerosol sunscreen. .2820(b) 843 A drug or medicine was administered after its expiration date. In spaces 1A and 1B, there was an expired diaper cream, an expired sunscreen and two (2) expired permission slips (past 1 year). 10A NCAC 09 .0803(1)(d) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The surfacing under the climbers and slides did not measure 6 inches deep. .0605(k)(1-4) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff M.P. did not have a medical (physical) prior to beginning work. .0701(d) Technical assistance for correction plan: Items # 824 and 1867 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (i) The outdoor play area shall be protected by a fence. The height shall be a minimum of four feet and the top of the fence shall be free of protrusions. The requirement disallowing protrusions on the tops of fences shall not apply to fences six feet high or above. The fencing shall exclude fixed bodies of water such as ditches, quarries, canals, excavations, and fish ponds. Gates to the fenced outdoor play area shall remain closed while children occupy the area. Note: The fence did not measure the minimum of four (4) feet high all the way around. (k) The depth of the loose surfacing material shall be based on the critical height of the equipment, which is defined as the maximum height that a child may sit, or stand, as follows: (1) equipment with a critical height of 5 feet or less shall have 6 inches of loose surface materials; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. Note: The surfacing under the climbers and slides did not measure 6 inches deep. Item #1032 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Prior to employment. When submitted, the medical statement shall not be older than 12 months. Note: Staff M.P. did not have a medical (physical) prior to beginning work. 10A NCAC 09 .0803 Item #843 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (1) No prescription or over-the-counter medication and no topical, non-medical ointment, repellent, lotion, cream, fluoridated toothpaste, or powder shall be administered to any child: (a) without written authorization from the child's parent; (b) without written instructions from the child's parent, physician or other health professional; (c) in any manner not authorized by the child's parent, physician or other health professional; (d) after its expiration date; (e) for non-medical reasons, such as to induce sleep; or (f) with a known allergy to the medication. Note: In spaces 1A and 1B, there was an expired diaper cream, an expired sunscreen and two (2) expired permission slips (past 1 year). Item #840 15A NCAC 18A .2820 STORAGE (b) Toxic substances, which include 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 the 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 lock, electronic or magnetic device, keypad, key, or equivalent locking device. Keys and electronic or magnetic 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 other product that is labeled "keep out of reach of children" and does not have any other warnings on the label shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. For the purpose of Paragraphs (b), (c), and (d) of this Rule, a 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. Note: In spaces 1A and 1B, there was an unlocked aerosol sunscreen. 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 on or before 7/9/24. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: lee.marshall@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education (DCDEE) Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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. Rated License Assessment: Compliance History: The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. The compliance history prior to the visit today was Ninety-five percent (95%). Staff Education: It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied 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. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: The Initial Application for a Two Component Star Rated License can be found on the Division’s website and the Rated License Request for Review form can be requested if you choose to apply for a two through five-star rated license and have the (ERS) assessment. *Note - The facility may choose to use program standard points from the previous ownership. Quality Point: A quality point has not been determined. *Note - The facility may choose to use the quality point from the previous ownership. Curriculum: All four and five star rated license facilities must implement an approved curriculum with four-year-old children. The curriculum implemented is Creative Curriculum Teaching Strategies. Consultation: • The sand in the sandbox needs to be replenished. • When I arrived, teachers on the playground were all sitting at the picnic table. Teachers need to be engaged and interacting with the children. • Soda’s need to be in an opaque container. Covering is better than nothing, but children still know what you have that they can’t have. • Remember that when children under two years old are eating, a teacher must be within arms reach of them to render assistance if needed. • Children can’t walk around with a bottle. If they are drinking a bottle, they must be sitting or held. • Remember that cots must be at least 18 inches apart but preferably 3 feet. 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 the child care consultant within thirty (30) days prior to the change. Failure to notify the child care consultant, may result in a violation of child care requirements. Health and Safety Training 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 as needed. Please continue to visit DCDEE’s website to get the latest information for child care at https://ncchildcare.ncdhhs.gov/. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at lee.marshall@dhhs.nc.gov or 828.434.0236, or my supervisor, Bonnie Mathis 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 .0803 · Violation
Name of Operation: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 6/25/2024 Number Present: 32 Completed Date: 6/25/2024 Age: From 0 To 8 Total Minutes: 305 Time In: 10:25 AM Time Out: 03:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance with applicable child care requirements during the second temporary time period visit. This facility is on a temporary license due to a change of ownership. Amber Fairbetter, Administrator, was on vacation this week. Lynn Isaacs, assistant administrator was on site and available to answer and ask questions. Jennifer Davis, office assistant was also available to assist me during today’s visit. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed, and a copy left with you. Currently this center operates with a Temporary License, issued 3/11/24 and is effective through 9/11/24. The restrictions include daytime care only, meets enhanced ratios and meets enhanced space. The Secretary of State website was reviewed today, 6/25/24, and the company, Sunny Side CDC, LLC, is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 6/25/24. The last shelter-in-place drill or lockdown drill was practiced 4/11/24. The last monthly playground inspection was documented on 6/3/24. A sanitation inspection must be completed during the temporary time period. An approved fire inspection must be completed during the temporary time period. An approved building inspection must be completed during the temporary time period. Administrative, operational and personnel policies must be submitted, reviewed, and must meet all required topics prior to the expiration of the temporary license. The Emergency Preparedness Response (EPR) plan was completed on 3/5/24. Administrator completed EPR training on 6/20/16. The emergency medical care (EMC) plan was posted. The incident log was in use. When I arrived, there were three classrooms (from spaces # 1A, 1B and 2A) outside playing on the playground. Children were riding on trikes, playing in the sandbox and throwing balls. Two children were playing in the dirt making a cake while singing “peanut butter jelly time”. Other children were coming in to use the bathroom or get their diapers changed. Teachers were making sure that children’s hands were washed. One (1) group of children (from space 2B) were playing on the front deck area while their teachers sat and engaged with them. Later, I observed that same group of children playing in centers with a variety of materials while teachers engaged in their play. One child was so proud of the table that she sat with plates and cups for her tea party. In space #3, one infant was being fed a bottle and rocked, while the rest of the children sat in high chairs or at the table and ate lunch. After lunch, children settled down on their cots for rest time. Lunch today was cheese quesadilla on whole grain tortilla shell, carrots, grapes and milk. Four (4) children files were monitored. There are thirteen (13) staff. Two (2) staff files were monitored (one [1] of which was a new emploee. To continue to serve children on subsidy vouchers, the facility must transition to a three-star license or higher. If the facility cannot achieve a three-star license or higher, no children can be served that receive subsidy vouchers. Due to the ownership change, the facility has the option to use the previous ownership’s star rating points and be included in the rated license cycle for the previous facility, Cohort 1. 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 824 Outdoor play area was not enclosed by fence with a minimum height of 4 feet. The top of the fence, less than six feet, was not free from protrusions. The fence did not measure the minimum of four (4) feet high all the way around. GS 110-91(6); .0605((i) 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. In spaces 1A and 1B, there was an unlocked aerosol sunscreen. .2820(b) 843 A drug or medicine was administered after its expiration date. In spaces 1A and 1B, there was an expired diaper cream, an expired sunscreen and two (2) expired permission slips (past 1 year). 10A NCAC 09 .0803(1)(d) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The surfacing under the climbers and slides did not measure 6 inches deep. .0605(k)(1-4) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff M.P. did not have a medical (physical) prior to beginning work. .0701(d) Technical assistance for correction plan: Items # 824 and 1867 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (i) The outdoor play area shall be protected by a fence. The height shall be a minimum of four feet and the top of the fence shall be free of protrusions. The requirement disallowing protrusions on the tops of fences shall not apply to fences six feet high or above. The fencing shall exclude fixed bodies of water such as ditches, quarries, canals, excavations, and fish ponds. Gates to the fenced outdoor play area shall remain closed while children occupy the area. Note: The fence did not measure the minimum of four (4) feet high all the way around. (k) The depth of the loose surfacing material shall be based on the critical height of the equipment, which is defined as the maximum height that a child may sit, or stand, as follows: (1) equipment with a critical height of 5 feet or less shall have 6 inches of loose surface materials; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. Note: The surfacing under the climbers and slides did not measure 6 inches deep. Item #1032 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Prior to employment. When submitted, the medical statement shall not be older than 12 months. Note: Staff M.P. did not have a medical (physical) prior to beginning work. 10A NCAC 09 .0803 Item #843 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (1) No prescription or over-the-counter medication and no topical, non-medical ointment, repellent, lotion, cream, fluoridated toothpaste, or powder shall be administered to any child: (a) without written authorization from the child's parent; (b) without written instructions from the child's parent, physician or other health professional; (c) in any manner not authorized by the child's parent, physician or other health professional; (d) after its expiration date; (e) for non-medical reasons, such as to induce sleep; or (f) with a known allergy to the medication. Note: In spaces 1A and 1B, there was an expired diaper cream, an expired sunscreen and two (2) expired permission slips (past 1 year). Item #840 15A NCAC 18A .2820 STORAGE (b) Toxic substances, which include 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 the 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 lock, electronic or magnetic device, keypad, key, or equivalent locking device. Keys and electronic or magnetic 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 other product that is labeled "keep out of reach of children" and does not have any other warnings on the label shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. For the purpose of Paragraphs (b), (c), and (d) of this Rule, a 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. Note: In spaces 1A and 1B, there was an unlocked aerosol sunscreen. 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 on or before 7/9/24. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: lee.marshall@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education (DCDEE) Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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. Rated License Assessment: Compliance History: The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. The compliance history prior to the visit today was Ninety-five percent (95%). Staff Education: It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied 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. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: The Initial Application for a Two Component Star Rated License can be found on the Division’s website and the Rated License Request for Review form can be requested if you choose to apply for a two through five-star rated license and have the (ERS) assessment. *Note - The facility may choose to use program standard points from the previous ownership. Quality Point: A quality point has not been determined. *Note - The facility may choose to use the quality point from the previous ownership. Curriculum: All four and five star rated license facilities must implement an approved curriculum with four-year-old children. The curriculum implemented is Creative Curriculum Teaching Strategies. Consultation: • The sand in the sandbox needs to be replenished. • When I arrived, teachers on the playground were all sitting at the picnic table. Teachers need to be engaged and interacting with the children. • Soda’s need to be in an opaque container. Covering is better than nothing, but children still know what you have that they can’t have. • Remember that when children under two years old are eating, a teacher must be within arms reach of them to render assistance if needed. • Children can’t walk around with a bottle. If they are drinking a bottle, they must be sitting or held. • Remember that cots must be at least 18 inches apart but preferably 3 feet. 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 the child care consultant within thirty (30) days prior to the change. Failure to notify the child care consultant, may result in a violation of child care requirements. Health and Safety Training 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 as needed. Please continue to visit DCDEE’s website to get the latest information for child care at https://ncchildcare.ncdhhs.gov/. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at lee.marshall@dhhs.nc.gov or 828.434.0236, or my supervisor, Bonnie Mathis 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 6/25/2024 Number Present: 32 Completed Date: 6/25/2024 Age: From 0 To 8 Total Minutes: 305 Time In: 10:25 AM Time Out: 03:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance with applicable child care requirements during the second temporary time period visit. This facility is on a temporary license due to a change of ownership. Amber Fairbetter, Administrator, was on vacation this week. Lynn Isaacs, assistant administrator was on site and available to answer and ask questions. Jennifer Davis, office assistant was also available to assist me during today’s visit. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed, and a copy left with you. Currently this center operates with a Temporary License, issued 3/11/24 and is effective through 9/11/24. The restrictions include daytime care only, meets enhanced ratios and meets enhanced space. The Secretary of State website was reviewed today, 6/25/24, and the company, Sunny Side CDC, LLC, is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 6/25/24. The last shelter-in-place drill or lockdown drill was practiced 4/11/24. The last monthly playground inspection was documented on 6/3/24. A sanitation inspection must be completed during the temporary time period. An approved fire inspection must be completed during the temporary time period. An approved building inspection must be completed during the temporary time period. Administrative, operational and personnel policies must be submitted, reviewed, and must meet all required topics prior to the expiration of the temporary license. The Emergency Preparedness Response (EPR) plan was completed on 3/5/24. Administrator completed EPR training on 6/20/16. The emergency medical care (EMC) plan was posted. The incident log was in use. When I arrived, there were three classrooms (from spaces # 1A, 1B and 2A) outside playing on the playground. Children were riding on trikes, playing in the sandbox and throwing balls. Two children were playing in the dirt making a cake while singing “peanut butter jelly time”. Other children were coming in to use the bathroom or get their diapers changed. Teachers were making sure that children’s hands were washed. One (1) group of children (from space 2B) were playing on the front deck area while their teachers sat and engaged with them. Later, I observed that same group of children playing in centers with a variety of materials while teachers engaged in their play. One child was so proud of the table that she sat with plates and cups for her tea party. In space #3, one infant was being fed a bottle and rocked, while the rest of the children sat in high chairs or at the table and ate lunch. After lunch, children settled down on their cots for rest time. Lunch today was cheese quesadilla on whole grain tortilla shell, carrots, grapes and milk. Four (4) children files were monitored. There are thirteen (13) staff. Two (2) staff files were monitored (one [1] of which was a new emploee. To continue to serve children on subsidy vouchers, the facility must transition to a three-star license or higher. If the facility cannot achieve a three-star license or higher, no children can be served that receive subsidy vouchers. Due to the ownership change, the facility has the option to use the previous ownership’s star rating points and be included in the rated license cycle for the previous facility, Cohort 1. 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 824 Outdoor play area was not enclosed by fence with a minimum height of 4 feet. The top of the fence, less than six feet, was not free from protrusions. The fence did not measure the minimum of four (4) feet high all the way around. GS 110-91(6); .0605((i) 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. In spaces 1A and 1B, there was an unlocked aerosol sunscreen. .2820(b) 843 A drug or medicine was administered after its expiration date. In spaces 1A and 1B, there was an expired diaper cream, an expired sunscreen and two (2) expired permission slips (past 1 year). 10A NCAC 09 .0803(1)(d) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The surfacing under the climbers and slides did not measure 6 inches deep. .0605(k)(1-4) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff M.P. did not have a medical (physical) prior to beginning work. .0701(d) Technical assistance for correction plan: Items # 824 and 1867 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (i) The outdoor play area shall be protected by a fence. The height shall be a minimum of four feet and the top of the fence shall be free of protrusions. The requirement disallowing protrusions on the tops of fences shall not apply to fences six feet high or above. The fencing shall exclude fixed bodies of water such as ditches, quarries, canals, excavations, and fish ponds. Gates to the fenced outdoor play area shall remain closed while children occupy the area. Note: The fence did not measure the minimum of four (4) feet high all the way around. (k) The depth of the loose surfacing material shall be based on the critical height of the equipment, which is defined as the maximum height that a child may sit, or stand, as follows: (1) equipment with a critical height of 5 feet or less shall have 6 inches of loose surface materials; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. Note: The surfacing under the climbers and slides did not measure 6 inches deep. Item #1032 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Prior to employment. When submitted, the medical statement shall not be older than 12 months. Note: Staff M.P. did not have a medical (physical) prior to beginning work. 10A NCAC 09 .0803 Item #843 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (1) No prescription or over-the-counter medication and no topical, non-medical ointment, repellent, lotion, cream, fluoridated toothpaste, or powder shall be administered to any child: (a) without written authorization from the child's parent; (b) without written instructions from the child's parent, physician or other health professional; (c) in any manner not authorized by the child's parent, physician or other health professional; (d) after its expiration date; (e) for non-medical reasons, such as to induce sleep; or (f) with a known allergy to the medication. Note: In spaces 1A and 1B, there was an expired diaper cream, an expired sunscreen and two (2) expired permission slips (past 1 year). Item #840 15A NCAC 18A .2820 STORAGE (b) Toxic substances, which include 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 the 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 lock, electronic or magnetic device, keypad, key, or equivalent locking device. Keys and electronic or magnetic 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 other product that is labeled "keep out of reach of children" and does not have any other warnings on the label shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. For the purpose of Paragraphs (b), (c), and (d) of this Rule, a 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. Note: In spaces 1A and 1B, there was an unlocked aerosol sunscreen. 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 on or before 7/9/24. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: lee.marshall@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education (DCDEE) Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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. Rated License Assessment: Compliance History: The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. The compliance history prior to the visit today was Ninety-five percent (95%). Staff Education: It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied 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. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: The Initial Application for a Two Component Star Rated License can be found on the Division’s website and the Rated License Request for Review form can be requested if you choose to apply for a two through five-star rated license and have the (ERS) assessment. *Note - The facility may choose to use program standard points from the previous ownership. Quality Point: A quality point has not been determined. *Note - The facility may choose to use the quality point from the previous ownership. Curriculum: All four and five star rated license facilities must implement an approved curriculum with four-year-old children. The curriculum implemented is Creative Curriculum Teaching Strategies. Consultation: • The sand in the sandbox needs to be replenished. • When I arrived, teachers on the playground were all sitting at the picnic table. Teachers need to be engaged and interacting with the children. • Soda’s need to be in an opaque container. Covering is better than nothing, but children still know what you have that they can’t have. • Remember that when children under two years old are eating, a teacher must be within arms reach of them to render assistance if needed. • Children can’t walk around with a bottle. If they are drinking a bottle, they must be sitting or held. • Remember that cots must be at least 18 inches apart but preferably 3 feet. 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 the child care consultant within thirty (30) days prior to the change. Failure to notify the child care consultant, may result in a violation of child care requirements. Health and Safety Training 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 as needed. Please continue to visit DCDEE’s website to get the latest information for child care at https://ncchildcare.ncdhhs.gov/. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at lee.marshall@dhhs.nc.gov or 828.434.0236, or my supervisor, Bonnie Mathis 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
GS 110-91 · Violation
Name of Operation: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 6/25/2024 Number Present: 32 Completed Date: 6/25/2024 Age: From 0 To 8 Total Minutes: 305 Time In: 10:25 AM Time Out: 03:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance with applicable child care requirements during the second temporary time period visit. This facility is on a temporary license due to a change of ownership. Amber Fairbetter, Administrator, was on vacation this week. Lynn Isaacs, assistant administrator was on site and available to answer and ask questions. Jennifer Davis, office assistant was also available to assist me during today’s visit. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed, and a copy left with you. Currently this center operates with a Temporary License, issued 3/11/24 and is effective through 9/11/24. The restrictions include daytime care only, meets enhanced ratios and meets enhanced space. The Secretary of State website was reviewed today, 6/25/24, and the company, Sunny Side CDC, LLC, is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 6/25/24. The last shelter-in-place drill or lockdown drill was practiced 4/11/24. The last monthly playground inspection was documented on 6/3/24. A sanitation inspection must be completed during the temporary time period. An approved fire inspection must be completed during the temporary time period. An approved building inspection must be completed during the temporary time period. Administrative, operational and personnel policies must be submitted, reviewed, and must meet all required topics prior to the expiration of the temporary license. The Emergency Preparedness Response (EPR) plan was completed on 3/5/24. Administrator completed EPR training on 6/20/16. The emergency medical care (EMC) plan was posted. The incident log was in use. When I arrived, there were three classrooms (from spaces # 1A, 1B and 2A) outside playing on the playground. Children were riding on trikes, playing in the sandbox and throwing balls. Two children were playing in the dirt making a cake while singing “peanut butter jelly time”. Other children were coming in to use the bathroom or get their diapers changed. Teachers were making sure that children’s hands were washed. One (1) group of children (from space 2B) were playing on the front deck area while their teachers sat and engaged with them. Later, I observed that same group of children playing in centers with a variety of materials while teachers engaged in their play. One child was so proud of the table that she sat with plates and cups for her tea party. In space #3, one infant was being fed a bottle and rocked, while the rest of the children sat in high chairs or at the table and ate lunch. After lunch, children settled down on their cots for rest time. Lunch today was cheese quesadilla on whole grain tortilla shell, carrots, grapes and milk. Four (4) children files were monitored. There are thirteen (13) staff. Two (2) staff files were monitored (one [1] of which was a new emploee. To continue to serve children on subsidy vouchers, the facility must transition to a three-star license or higher. If the facility cannot achieve a three-star license or higher, no children can be served that receive subsidy vouchers. Due to the ownership change, the facility has the option to use the previous ownership’s star rating points and be included in the rated license cycle for the previous facility, Cohort 1. 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 824 Outdoor play area was not enclosed by fence with a minimum height of 4 feet. The top of the fence, less than six feet, was not free from protrusions. The fence did not measure the minimum of four (4) feet high all the way around. GS 110-91(6); .0605((i) 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. In spaces 1A and 1B, there was an unlocked aerosol sunscreen. .2820(b) 843 A drug or medicine was administered after its expiration date. In spaces 1A and 1B, there was an expired diaper cream, an expired sunscreen and two (2) expired permission slips (past 1 year). 10A NCAC 09 .0803(1)(d) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The surfacing under the climbers and slides did not measure 6 inches deep. .0605(k)(1-4) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff M.P. did not have a medical (physical) prior to beginning work. .0701(d) Technical assistance for correction plan: Items # 824 and 1867 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (i) The outdoor play area shall be protected by a fence. The height shall be a minimum of four feet and the top of the fence shall be free of protrusions. The requirement disallowing protrusions on the tops of fences shall not apply to fences six feet high or above. The fencing shall exclude fixed bodies of water such as ditches, quarries, canals, excavations, and fish ponds. Gates to the fenced outdoor play area shall remain closed while children occupy the area. Note: The fence did not measure the minimum of four (4) feet high all the way around. (k) The depth of the loose surfacing material shall be based on the critical height of the equipment, which is defined as the maximum height that a child may sit, or stand, as follows: (1) equipment with a critical height of 5 feet or less shall have 6 inches of loose surface materials; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. Note: The surfacing under the climbers and slides did not measure 6 inches deep. Item #1032 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Prior to employment. When submitted, the medical statement shall not be older than 12 months. Note: Staff M.P. did not have a medical (physical) prior to beginning work. 10A NCAC 09 .0803 Item #843 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (1) No prescription or over-the-counter medication and no topical, non-medical ointment, repellent, lotion, cream, fluoridated toothpaste, or powder shall be administered to any child: (a) without written authorization from the child's parent; (b) without written instructions from the child's parent, physician or other health professional; (c) in any manner not authorized by the child's parent, physician or other health professional; (d) after its expiration date; (e) for non-medical reasons, such as to induce sleep; or (f) with a known allergy to the medication. Note: In spaces 1A and 1B, there was an expired diaper cream, an expired sunscreen and two (2) expired permission slips (past 1 year). Item #840 15A NCAC 18A .2820 STORAGE (b) Toxic substances, which include 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 the 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 lock, electronic or magnetic device, keypad, key, or equivalent locking device. Keys and electronic or magnetic 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 other product that is labeled "keep out of reach of children" and does not have any other warnings on the label shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. For the purpose of Paragraphs (b), (c), and (d) of this Rule, a 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. Note: In spaces 1A and 1B, there was an unlocked aerosol sunscreen. 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 on or before 7/9/24. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: lee.marshall@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education (DCDEE) Attn: Georgia Lee Marshall PO Box 253 Zionville, NC 28698 Please call me at 828-434-0236, or email lee.marshall@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. Rated License Assessment: Compliance History: The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. The compliance history prior to the visit today was Ninety-five percent (95%). Staff Education: It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied 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. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: The Initial Application for a Two Component Star Rated License can be found on the Division’s website and the Rated License Request for Review form can be requested if you choose to apply for a two through five-star rated license and have the (ERS) assessment. *Note - The facility may choose to use program standard points from the previous ownership. Quality Point: A quality point has not been determined. *Note - The facility may choose to use the quality point from the previous ownership. Curriculum: All four and five star rated license facilities must implement an approved curriculum with four-year-old children. The curriculum implemented is Creative Curriculum Teaching Strategies. Consultation: • The sand in the sandbox needs to be replenished. • When I arrived, teachers on the playground were all sitting at the picnic table. Teachers need to be engaged and interacting with the children. • Soda’s need to be in an opaque container. Covering is better than nothing, but children still know what you have that they can’t have. • Remember that when children under two years old are eating, a teacher must be within arms reach of them to render assistance if needed. • Children can’t walk around with a bottle. If they are drinking a bottle, they must be sitting or held. • Remember that cots must be at least 18 inches apart but preferably 3 feet. 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 the child care consultant within thirty (30) days prior to the change. Failure to notify the child care consultant, may result in a violation of child care requirements. Health and Safety Training 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 as needed. Please continue to visit DCDEE’s website to get the latest information for child care at https://ncchildcare.ncdhhs.gov/. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at lee.marshall@dhhs.nc.gov or 828.434.0236, or my supervisor, Bonnie Mathis 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 4/22/2024 Number Present: 35 Completed Date: 4/22/2024 Age: From 0 To 5 Total Minutes: 210 Time In: 12:30 PM Time Out: 04:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance with applicable child care requirements during the first temporary time period visit. This facility is on a temporary license due to a change of ownership. The previous owner, Amber Fairbetter changed from a sole proprietor to an LLC. Amber Fairbetter, Administrator, was not on-site today. However, Jennifer Davis, office assistance, was available to answer and ask questions. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed, and a copy left with you. Currently this center operates with a Temporary License, issued 3/11/24 and is effective through 9/11/24. The restrictions include daytime care only, meets enhanced space and ratios. The Secretary of State website was reviewed today, and the company, Sunny Side CDC, LLC, is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. During this first Temporary Time Period visit, classrooms were monitored as well as the playground, materials, equipment and required posted items for meeting all minimum licensing requirements. The last monthly fire drill was practiced 4/8/24. The last shelter-in-place drill or lockdown drill was practiced 4/11/24. The last monthly playground inspection was documented on 3/1/24. A sanitation inspection was completed on 3/11/24 with six (6) demerits earning a superior rating. An approved fire inspection must be completed during the temporary time period. An approved building inspection must be completed during the temporary time period. Administrative, operational and personnel policies must be submitted, reviewed, and must meet all required topics prior to the expiration of the temporary license. The Emergency Preparedness Response (EPR) plan was dated 3/5/24, however is was a draft verion. Please make sure this plan gets submitted. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during rest time, waking from rest time, eating snack and playing with classroom materials as they finished. Snack today was goldfish, pears and water. Since neither the administrator or assistant administrator was on site today, the staff files and children’s files could not monitored since they are the only two people with a key to the filing cabinet. There hasn’t been any new staff hired since I last monitored the files. I informed Ms. Davis that I would check them on my next visit. To continue to serve children on subsidy vouchers, the facility must transition to a three-star license or higher. If the facility cannot achieve a three-star license or higher, no children can be served that receive subsidy vouchers. Due to the ownership change, the facility has the option to use the previous ownership’s star rating points and be included in the rated license cycle for the previous facility, Cohort 1. It is optional to request a prep year assessment for the facility while on a temporary license. I spoke to Ms. Fairbetter on the phone and she stated that she wanted to proceed with this very soon. The Initial Application for Assessment for a Two Component Star Rated License can be found on the Division’s website if you would like to apply for a rated license and the Rated License Request for Review Form can be requested if you would like to request the Environment Rating Scale (ERS) assessment. Plan to visit the ncrlap.org website to learn more about the assessment process. 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 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space #2B has children under three years of age. An unlocked cabinet had two (2)packages of wipes in plastic packaging that is considered a choking hazard. .0604(q) Technical assistance for correction plan: Item #858 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. Note: Space #2B has children under three years of age. An unlocked cabinet had two (2)packages of wipes in plastic packaging that is considered a choking hazard. This was corrected during the visit. 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. Rated License Assessment: Compliance History: The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. Staff Education: It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied 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. Program Standards: The Initial Application for a Two Component Star Rated License can be found on the Division’s website and the Rated License Request for Review form can be requested if you choose to apply for a two through five-star rated license and have the (ERS) assessment. Quality Point: A quality point has not been determined. Curriculum: All four and five star rated license facilities must implement an approved curriculum with four-year-old children. The curriculum implemented is Creative Curriculum. Rated License Consultation: ITERS-R and ECERS-R A variety of different types of blocks such as wooden unit blocks, soft unit blocks, cardboard blocks, and homemade blocks with enough blocks in each set for at least three children to build a structure should be provided. The block center should be large enough for three children to build a substantial structure without interfering with one each other’s play. Art projects should allow individual expression by children. Copied, cookie cutter type art projects do not offer children an opportunity for individual expression. Allow children to choose the art media of their choice and provide a variety of materials. The following are suggestions for art materials: markers, chalk, colored pencils, paper, crayons, dry erase markers, finger paint, tape, glue, stickers, small pieces of paper, play dough, clay, hole punchers, stencils, stamps, and scissors. Children under three years age should not have access to materials that would be considered choking hazards such as foam items, small crayons, small pieces of chalk, plastic bags, items easily torn apart or that would fit in a choking tube. You can use these materials under direct teacher supervision working one on one with the child during the art activity. Display in the classroom should be primarily children’s work and not teacher or store-bought display. Children’s art should be posted on their eye level. Avoid long periods of waiting during transitions such as bathroom time or from one activity to another. Develop ideas and strategies to reduce waiting time for children. Teachers can sing songs and do finger plays with the children who are waiting. If children wait more than three minutes without activity, then you will be marked down on the ERS assessment score. Items such as puzzles and games that are missing pieces should be removed from the classroom and replaced. The classroom should have at least two books per child that are age appropriate for the children in the group. A variety of books that portray real animal pictures, families, disabilities and different cultures should be added to each classroom. Remove any books that are worn, torn or missing pages. Add pictures, books, puzzles, block play people, baby dolls, music, play food and dress-up clothes that represent different cultures. Add pictures, puzzles and block play people that represent people of all ages and disabilities. Water must be available to children throughout the day. Have a pitcher of water and cups for children available at all times. Tables must be cleaned with soapy water then wiped dry. Then spray table with the sanitizing solution and let it sit for at least two minutes before wiping dry. Follow this procedure before and after eating. Make sure no children are near the table when spraying the sanitizing solution. Sinks must be disinfected between changes of use. The staff should spray the sink with the disinfectant spray and allow the disinfectant to stay for at least two minutes before turning on the water and using the sink. All children must have their diapers or pull ups checked or changed at least every two hours and when soiled. Use a timer or follow a daily individual diaper changing schedule to keep you within the two-hour timeframe. Children must wash their hands upon arrival, before and after eating, before and after sand and water play, after toileting, after outdoor play, after handling messy art materials such as paint, glue, and playdough and after touching nose, mouth, floor, trashcan, and anything else that re-contaminates the hands. Staff should follow proper handwashing procedures and wash hands as required. Remove mouthed items from play immediately and sanitize before allowing other children to play with item. You must interact with children in relation to their play with materials. At least two instances must be observed. Math/number - One instance must be observed during routine care as well as during free play of using math/number. It is recommended that you visit www.ncrlap.org for supplemental materials for preparing for the Environment Rating Scale Assessments. Additional notes to the Early Childhood Environment Rating Scale Revised Edition can be obtained on this website. NCRLAP also offers the Outreach Assessment and Webinar trainings for staff. It is also recommended that you register staff now for the upcoming webinar trainings listed on the ncrlap.org website. Contact your local Child Care Resource and Referral office for further technical assistance with the Environment Rating Scales. Consultation: The rated license dated June 1, 2023, from the previous ownership was collected today and will be returned to DCDEE in Raleigh. 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 the child care consultant within thirty (30) days prior to the change. Failure to notify the child care consultant, may result in a violation of child care requirements. Health and Safety Training 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 as needed. Please continue to visit DCDEE’s website to get the latest information for child care at https://ncchildcare.ncdhhs.gov/. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at lee.marshall@dhhs.nc.gov , 828-434-0236 or my supervisor, Bonnie Mathis 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: SUNNY SIDE ACADEMY Facility ID: 95000172 Consultant: GEORGIA MARSHALL Operation Type: Center Case Number: Visit Date: 4/22/2024 Number Present: 35 Completed Date: 4/22/2024 Age: From 0 To 5 Total Minutes: 210 Time In: 12:30 PM Time Out: 04:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance with applicable child care requirements during the first temporary time period visit. This facility is on a temporary license due to a change of ownership. The previous owner, Amber Fairbetter changed from a sole proprietor to an LLC. Amber Fairbetter, Administrator, was not on-site today. However, Jennifer Davis, office assistance, was available to answer and ask questions. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed, and a copy left with you. Currently this center operates with a Temporary License, issued 3/11/24 and is effective through 9/11/24. The restrictions include daytime care only, meets enhanced space and ratios. The Secretary of State website was reviewed today, and the company, Sunny Side CDC, LLC, is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. During this first Temporary Time Period visit, classrooms were monitored as well as the playground, materials, equipment and required posted items for meeting all minimum licensing requirements. The last monthly fire drill was practiced 4/8/24. The last shelter-in-place drill or lockdown drill was practiced 4/11/24. The last monthly playground inspection was documented on 3/1/24. A sanitation inspection was completed on 3/11/24 with six (6) demerits earning a superior rating. An approved fire inspection must be completed during the temporary time period. An approved building inspection must be completed during the temporary time period. Administrative, operational and personnel policies must be submitted, reviewed, and must meet all required topics prior to the expiration of the temporary license. The Emergency Preparedness Response (EPR) plan was dated 3/5/24, however is was a draft verion. Please make sure this plan gets submitted. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during rest time, waking from rest time, eating snack and playing with classroom materials as they finished. Snack today was goldfish, pears and water. Since neither the administrator or assistant administrator was on site today, the staff files and children’s files could not monitored since they are the only two people with a key to the filing cabinet. There hasn’t been any new staff hired since I last monitored the files. I informed Ms. Davis that I would check them on my next visit. To continue to serve children on subsidy vouchers, the facility must transition to a three-star license or higher. If the facility cannot achieve a three-star license or higher, no children can be served that receive subsidy vouchers. Due to the ownership change, the facility has the option to use the previous ownership’s star rating points and be included in the rated license cycle for the previous facility, Cohort 1. It is optional to request a prep year assessment for the facility while on a temporary license. I spoke to Ms. Fairbetter on the phone and she stated that she wanted to proceed with this very soon. The Initial Application for Assessment for a Two Component Star Rated License can be found on the Division’s website if you would like to apply for a rated license and the Rated License Request for Review Form can be requested if you would like to request the Environment Rating Scale (ERS) assessment. Plan to visit the ncrlap.org website to learn more about the assessment process. 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 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space #2B has children under three years of age. An unlocked cabinet had two (2)packages of wipes in plastic packaging that is considered a choking hazard. .0604(q) Technical assistance for correction plan: Item #858 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. Note: Space #2B has children under three years of age. An unlocked cabinet had two (2)packages of wipes in plastic packaging that is considered a choking hazard. This was corrected during the visit. 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. Rated License Assessment: Compliance History: The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. Staff Education: It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied 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. Program Standards: The Initial Application for a Two Component Star Rated License can be found on the Division’s website and the Rated License Request for Review form can be requested if you choose to apply for a two through five-star rated license and have the (ERS) assessment. Quality Point: A quality point has not been determined. Curriculum: All four and five star rated license facilities must implement an approved curriculum with four-year-old children. The curriculum implemented is Creative Curriculum. Rated License Consultation: ITERS-R and ECERS-R A variety of different types of blocks such as wooden unit blocks, soft unit blocks, cardboard blocks, and homemade blocks with enough blocks in each set for at least three children to build a structure should be provided. The block center should be large enough for three children to build a substantial structure without interfering with one each other’s play. Art projects should allow individual expression by children. Copied, cookie cutter type art projects do not offer children an opportunity for individual expression. Allow children to choose the art media of their choice and provide a variety of materials. The following are suggestions for art materials: markers, chalk, colored pencils, paper, crayons, dry erase markers, finger paint, tape, glue, stickers, small pieces of paper, play dough, clay, hole punchers, stencils, stamps, and scissors. Children under three years age should not have access to materials that would be considered choking hazards such as foam items, small crayons, small pieces of chalk, plastic bags, items easily torn apart or that would fit in a choking tube. You can use these materials under direct teacher supervision working one on one with the child during the art activity. Display in the classroom should be primarily children’s work and not teacher or store-bought display. Children’s art should be posted on their eye level. Avoid long periods of waiting during transitions such as bathroom time or from one activity to another. Develop ideas and strategies to reduce waiting time for children. Teachers can sing songs and do finger plays with the children who are waiting. If children wait more than three minutes without activity, then you will be marked down on the ERS assessment score. Items such as puzzles and games that are missing pieces should be removed from the classroom and replaced. The classroom should have at least two books per child that are age appropriate for the children in the group. A variety of books that portray real animal pictures, families, disabilities and different cultures should be added to each classroom. Remove any books that are worn, torn or missing pages. Add pictures, books, puzzles, block play people, baby dolls, music, play food and dress-up clothes that represent different cultures. Add pictures, puzzles and block play people that represent people of all ages and disabilities. Water must be available to children throughout the day. Have a pitcher of water and cups for children available at all times. Tables must be cleaned with soapy water then wiped dry. Then spray table with the sanitizing solution and let it sit for at least two minutes before wiping dry. Follow this procedure before and after eating. Make sure no children are near the table when spraying the sanitizing solution. Sinks must be disinfected between changes of use. The staff should spray the sink with the disinfectant spray and allow the disinfectant to stay for at least two minutes before turning on the water and using the sink. All children must have their diapers or pull ups checked or changed at least every two hours and when soiled. Use a timer or follow a daily individual diaper changing schedule to keep you within the two-hour timeframe. Children must wash their hands upon arrival, before and after eating, before and after sand and water play, after toileting, after outdoor play, after handling messy art materials such as paint, glue, and playdough and after touching nose, mouth, floor, trashcan, and anything else that re-contaminates the hands. Staff should follow proper handwashing procedures and wash hands as required. Remove mouthed items from play immediately and sanitize before allowing other children to play with item. You must interact with children in relation to their play with materials. At least two instances must be observed. Math/number - One instance must be observed during routine care as well as during free play of using math/number. It is recommended that you visit www.ncrlap.org for supplemental materials for preparing for the Environment Rating Scale Assessments. Additional notes to the Early Childhood Environment Rating Scale Revised Edition can be obtained on this website. NCRLAP also offers the Outreach Assessment and Webinar trainings for staff. It is also recommended that you register staff now for the upcoming webinar trainings listed on the ncrlap.org website. Contact your local Child Care Resource and Referral office for further technical assistance with the Environment Rating Scales. Consultation: The rated license dated June 1, 2023, from the previous ownership was collected today and will be returned to DCDEE in Raleigh. 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 the child care consultant within thirty (30) days prior to the change. Failure to notify the child care consultant, may result in a violation of child care requirements. Health and Safety Training 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 as needed. Please continue to visit DCDEE’s website to get the latest information for child care at https://ncchildcare.ncdhhs.gov/. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at lee.marshall@dhhs.nc.gov , 828-434-0236 or my supervisor, Bonnie Mathis 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.
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.
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.