10A NCAC 09 .0304 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 10/30/2025 Number Present: 40 Completed Date: 10/30/2025 Age: From 0 To 4 Total Minutes: 330 Time In: 10:30 AM Time Out: 04:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Bridget Owen, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed, reviewed with you, a signed copy of the visit summary was left on-site for you. Missy Payne, Administrator, was on-site and available to answer and ask questions. Nicole Smith, Legal Operator, was contacted by phone to review the visit summary and discuss the rated license pathway options. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-seven percent (97%) percent as of 10/29/25. The ownership of the child care facility is Eagle’s Nest Early Learning Center and Preschool, Inc., which is listed as active-current on the North Carolina Secretary of State (NCSOS) website as of today. Permit type – Five Star License dated 5/1/24, capacity of sixty-five (65) children ages 0-12 years. Special Services/Restrictions – Approved for daytime care only, meets enhanced space, meets reduced staff/child ratios. The last fire drill was practiced on 10/16/25. The last shelter-in-place drill was practiced on 8/18/25. The last fire inspection was completed on 2/17/25. The last sanitation inspection was conducted on 2/24/25 with two (2) demerits for a Superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 12/11/23. The lead paint survey has been completed. You stated the asbestos survey is in process of being completed. The administrator has updated the facility’s Emergency Preparedness and Response Plan, effective 10/6/25. The children were observed during free play, routine care, lunch, and rest time. The lunch today was turkey and cheese sandwiches, carrots, apples, and milk. A menu was posted in the kitchen. A menu was not posted where it could be easily seen by parents. There are eleven (11) staff, seven (7) existing staff, four (4) new staff, and the legal operator. There are forty-seven (47) children enrolled, and five (5) children’s files were monitored. The Child Care Center Item Number Listing (DCDEE-0357) was used as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were observed during today’s visit: Violation Number Comment Rule 523 The activity plan did not include a daily gross motor activity which may occur indoors and outdoors. The activity plan in space #3, the classroom with two and three year old children, did not include a daily gross motor activity which may occur indoors or outdoors. .0508(g)(3) 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. A menu was not posted where it could be easily seen by parents. 10A NCAC 09 .0901(b) 721 All equipment and furnishings were not in good repair. There was a large storage container on outdoor space #1 that was in poor repair, falling apart, and had sharp edges where it was broken. G.S. 110-91(6); .0601(b) 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 height for outdoor spaces #1 and #2 measured between three (3) feet, eight (8) inches, and three (3) feet, eleven (11) inches. GS 110-91(6); .0605((i) 847 Parent's medication authorization did not include required information. There was Parent’s Choice Gas Drops in space #4, the classroom with infant and one year old children, that had a medication authorization for topical administration and not oral administration. 10A NCAC 09 .0803(4)(6-9) 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. There was A & D ointment in space #5, the classroom with two and three year old children, with a mediation authorization that expired on 10/9/25. There was a Ventolin inhaler in space #2, the classroom with three and four year old children, with a medication authorization that expired on 9/4/25. There was Little Remedies Gas Drops in space #4, the classroom with infant and one year old children, with a medication authorization expired 9/19/25. .0803(12) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of any of the eleven (11) staff that are hired at the child care facility, as well as the legal operator. G.S. 110-90.2 & .2703(r) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The mulch surfacing measured between five (5) and six (6) inches deep in the fall zone areas around the climbing structure on outdoor space #1. .0605(k)(1-4) 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 11/13/25. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: monica.houck@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Monica Houck 151 Creekview Rd Hendersonville, NC 28792 Please call me at 828-243-2154, or email monica.houck@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. Technical Assistance for Compliance – rule references can be found in the cited violations Lead Based Paint and Asbestos Hazards – Items #1955 and #1959 *The Clean Classrooms for Carolina Kids account for the child care facility states “enrollment started.” To achieve compliance, the surveys for the lead based paint and asbestos hazards must be completed in the account. The account would then state “survey review by RTI.” You may be required to upload documents regarding the age of the building to determine if lead based paint testing and/or asbestos testing is needed. The survey was due to be completed on or before 5/31/25. Materials and Equipment in Good Repair – Item #721 *The large storage container on outdoor space #1 was moved to an area off the playground to make these items inaccessible to children. This was corrected during the visit. DCDEE Criminal Background Check (CBC) – Item #1805 **New and terminated staff notification requirement: To achieve compliance, the eleven (11) staff, as well as the legal operator, must be assigned to the child care facility in the ABCMS portal. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Medication Authorization Form – Item #847 *To achieve compliance, the parent must complete the medication authorization that is not for topical ointments. We discussed that administration of gas drops must be logged on a medication log as well. Expired Medication Authorizations for Children’s Medications – Item #849 *To achieve compliance, the medication must be sent home with the parent or discarded. We discussed when medication authorization forms expire, staff have seventy-two (72) hours to send the medication home or discard the medication. It is recommended to have a monthly audit of all medications to ensure medication authorization forms are current and not expired. Four Foot Fence for Playgrounds – Item #824 *To achieve compliance, the fence must be at minimum four feet in height around the entire perimeter of outdoor spaces #1 and #2. We discussed that the previously installed lattice that raised the height of the fence was not sturdy and had to be removed. Ms. Smith stated there may be additional poles added with chain link fencing added or large pieces of lattice that would be more stable. It is recommended to replace the fencing with a five foot fence to allow for settling and maintain the required four feet or higher. Ms. Smith stated that new fencing has been priced and it is not feasible to purchase new fencing at this time. Adequate Surfacing on the Playground – Item #1867 *To achieve compliance, the surfacing must be at least six (6) inches deep in all areas of the fall zone. We discussed it may be possible to rake some of the existing mulch from the spaces not included in the fall zone. Plan to include a regular check of mulch depth during monthly playground inspections. Menu Posted – Item #526 A current menu allows parents to know what their child will be offered during care. Any substitutions that are made must be written on the menu prior to serving the food to children. If a child had a reaction to a certain food, the menu would help identify the potential source. You posted the same menu that was posted in the kitchen in the entry hallway where it could be seen by parents. This was corrected during the visit. Planned Daily Gross Motor Activity - Item #523 *The daily gross motor activity was added to the activity plan in space #3 by the teacher during the visit. This was corrected during the visit. It is recommended to review with staff that a gross motor activity is required to daily and must be an activity that could be done indoors or outdoors. Rated License Assessment: New rated license rules went into effect on 7/1/25. We discussed the new rules and you the program assessment option. The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. We discussed you would be choosing the program assessment pathway and referred to the SECTION .3200 - STANDARDS FOR TWO THROUGH FIVE STAR RATED LICENSES. The following would be completed for the program assessment pathway based on star level met. *Enhanced staff/child ratios and/or enhanced space options. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators. *Evidence of implementing family and community engagement foundational practices. *Evidence of implementing continuous quality improvement plans for the facility and individual staff. *A structured self-study completed by the administrator and lead teacher(s) over three (3) consecutive months using the appropriate program assessment tool and additional resources located at https://ncrlap.org/Resources/, a written reflection of the self-assessment, including identification of goals for continuous quality improvement, and documentation of the structured self-study. *Environment Rating Scale (ERS) assessment using Early Childhood Environment Rating Scale, Third Edition (ECERS-3). *Evidence of implementing an approved curriculum with four-year old children. We further discussed there are resources on the ncrlap.org website to assist with the self study. An outreach assessment can be requested directly through the North Carolina Rated License Assessment Project (NCRLAP) and can be used for the self-study. The verification form for the self-study will be reviewed and collected by the child care consultant. It is the center operator’s responsibility to make sure each staff person has registered for a DCDEE 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. All staff must have education evaluated by DCDEE WORKS. Two (2) teachers need to establish DCDEE WORKS accounts; C.M. and N.F. The Initial Application for a Two Component Star Rated License is located on the Division’s website under provider forms and documents. All required components of the program assessment pathway are embedded in the rated license application. Curriculum: The curriculum implemented is Creative Curriculum 4th Edition, 2002. Resources: Southwestern Child Development Commission Child Care Resource and Referral - swcdcinc.org/ North Carolina Rated License Assessment Project (NCRLAP) – ncrlap.org North Carolina Health and Safety Resource Center – healthychildcare.unc.edu National Resource Center for Health and Safety in Child Care and Early Education – ncrkids.org Consultation: We discussed there are de-chokers in the classrooms that cannot be used with children in licensed child care. Basic first aid Heimlich or back thrusts would be used for a child who is choking. It is recommended to remove the de-chokers from the classrooms or train staff that the de-chokers would be for adults only. We discussed that any appliance with a heating element, including laminators, cannot be used in the classrooms. Laminators can be used in the staff lounge where they would not be accessible to children. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (e) All electrical appliances shall be used only in accordance with the manufacturer's instructions. For appliances with heating elements, such as bottle warmers, crock pots, irons, coffee pots, or curling irons, neither the appliance nor any cord shall be accessible to preschool-age children. After reviewing the safe sleep policy, the Division’s sample was adopted and you will need to review the check boxes and decide what you are doing to accurately reflect the policy then follow the child care rule below to notify parents. 10A NCAC 09 .0606 SAFE SLEEP PRACTICES (d) If a center amends its safe sleep policy, it shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The center shall retain the acknowledgement in the child's record as long as the child is enrolled at the center. Ms. Smith asked about teething necklaces. Adequate supervision is required for all children and for safety purposes, children should not wear necklaces while sleeping. We discussed that best practice is to create a policy for the parent handbook that states necklaces are not allowed to be worn at the child care facility and for the safety of the children. 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 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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 .0604 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 10/30/2025 Number Present: 40 Completed Date: 10/30/2025 Age: From 0 To 4 Total Minutes: 330 Time In: 10:30 AM Time Out: 04:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Bridget Owen, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed, reviewed with you, a signed copy of the visit summary was left on-site for you. Missy Payne, Administrator, was on-site and available to answer and ask questions. Nicole Smith, Legal Operator, was contacted by phone to review the visit summary and discuss the rated license pathway options. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-seven percent (97%) percent as of 10/29/25. The ownership of the child care facility is Eagle’s Nest Early Learning Center and Preschool, Inc., which is listed as active-current on the North Carolina Secretary of State (NCSOS) website as of today. Permit type – Five Star License dated 5/1/24, capacity of sixty-five (65) children ages 0-12 years. Special Services/Restrictions – Approved for daytime care only, meets enhanced space, meets reduced staff/child ratios. The last fire drill was practiced on 10/16/25. The last shelter-in-place drill was practiced on 8/18/25. The last fire inspection was completed on 2/17/25. The last sanitation inspection was conducted on 2/24/25 with two (2) demerits for a Superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 12/11/23. The lead paint survey has been completed. You stated the asbestos survey is in process of being completed. The administrator has updated the facility’s Emergency Preparedness and Response Plan, effective 10/6/25. The children were observed during free play, routine care, lunch, and rest time. The lunch today was turkey and cheese sandwiches, carrots, apples, and milk. A menu was posted in the kitchen. A menu was not posted where it could be easily seen by parents. There are eleven (11) staff, seven (7) existing staff, four (4) new staff, and the legal operator. There are forty-seven (47) children enrolled, and five (5) children’s files were monitored. The Child Care Center Item Number Listing (DCDEE-0357) was used as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were observed during today’s visit: Violation Number Comment Rule 523 The activity plan did not include a daily gross motor activity which may occur indoors and outdoors. The activity plan in space #3, the classroom with two and three year old children, did not include a daily gross motor activity which may occur indoors or outdoors. .0508(g)(3) 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. A menu was not posted where it could be easily seen by parents. 10A NCAC 09 .0901(b) 721 All equipment and furnishings were not in good repair. There was a large storage container on outdoor space #1 that was in poor repair, falling apart, and had sharp edges where it was broken. G.S. 110-91(6); .0601(b) 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 height for outdoor spaces #1 and #2 measured between three (3) feet, eight (8) inches, and three (3) feet, eleven (11) inches. GS 110-91(6); .0605((i) 847 Parent's medication authorization did not include required information. There was Parent’s Choice Gas Drops in space #4, the classroom with infant and one year old children, that had a medication authorization for topical administration and not oral administration. 10A NCAC 09 .0803(4)(6-9) 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. There was A & D ointment in space #5, the classroom with two and three year old children, with a mediation authorization that expired on 10/9/25. There was a Ventolin inhaler in space #2, the classroom with three and four year old children, with a medication authorization that expired on 9/4/25. There was Little Remedies Gas Drops in space #4, the classroom with infant and one year old children, with a medication authorization expired 9/19/25. .0803(12) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of any of the eleven (11) staff that are hired at the child care facility, as well as the legal operator. G.S. 110-90.2 & .2703(r) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The mulch surfacing measured between five (5) and six (6) inches deep in the fall zone areas around the climbing structure on outdoor space #1. .0605(k)(1-4) 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 11/13/25. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: monica.houck@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Monica Houck 151 Creekview Rd Hendersonville, NC 28792 Please call me at 828-243-2154, or email monica.houck@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. Technical Assistance for Compliance – rule references can be found in the cited violations Lead Based Paint and Asbestos Hazards – Items #1955 and #1959 *The Clean Classrooms for Carolina Kids account for the child care facility states “enrollment started.” To achieve compliance, the surveys for the lead based paint and asbestos hazards must be completed in the account. The account would then state “survey review by RTI.” You may be required to upload documents regarding the age of the building to determine if lead based paint testing and/or asbestos testing is needed. The survey was due to be completed on or before 5/31/25. Materials and Equipment in Good Repair – Item #721 *The large storage container on outdoor space #1 was moved to an area off the playground to make these items inaccessible to children. This was corrected during the visit. DCDEE Criminal Background Check (CBC) – Item #1805 **New and terminated staff notification requirement: To achieve compliance, the eleven (11) staff, as well as the legal operator, must be assigned to the child care facility in the ABCMS portal. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Medication Authorization Form – Item #847 *To achieve compliance, the parent must complete the medication authorization that is not for topical ointments. We discussed that administration of gas drops must be logged on a medication log as well. Expired Medication Authorizations for Children’s Medications – Item #849 *To achieve compliance, the medication must be sent home with the parent or discarded. We discussed when medication authorization forms expire, staff have seventy-two (72) hours to send the medication home or discard the medication. It is recommended to have a monthly audit of all medications to ensure medication authorization forms are current and not expired. Four Foot Fence for Playgrounds – Item #824 *To achieve compliance, the fence must be at minimum four feet in height around the entire perimeter of outdoor spaces #1 and #2. We discussed that the previously installed lattice that raised the height of the fence was not sturdy and had to be removed. Ms. Smith stated there may be additional poles added with chain link fencing added or large pieces of lattice that would be more stable. It is recommended to replace the fencing with a five foot fence to allow for settling and maintain the required four feet or higher. Ms. Smith stated that new fencing has been priced and it is not feasible to purchase new fencing at this time. Adequate Surfacing on the Playground – Item #1867 *To achieve compliance, the surfacing must be at least six (6) inches deep in all areas of the fall zone. We discussed it may be possible to rake some of the existing mulch from the spaces not included in the fall zone. Plan to include a regular check of mulch depth during monthly playground inspections. Menu Posted – Item #526 A current menu allows parents to know what their child will be offered during care. Any substitutions that are made must be written on the menu prior to serving the food to children. If a child had a reaction to a certain food, the menu would help identify the potential source. You posted the same menu that was posted in the kitchen in the entry hallway where it could be seen by parents. This was corrected during the visit. Planned Daily Gross Motor Activity - Item #523 *The daily gross motor activity was added to the activity plan in space #3 by the teacher during the visit. This was corrected during the visit. It is recommended to review with staff that a gross motor activity is required to daily and must be an activity that could be done indoors or outdoors. Rated License Assessment: New rated license rules went into effect on 7/1/25. We discussed the new rules and you the program assessment option. The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. We discussed you would be choosing the program assessment pathway and referred to the SECTION .3200 - STANDARDS FOR TWO THROUGH FIVE STAR RATED LICENSES. The following would be completed for the program assessment pathway based on star level met. *Enhanced staff/child ratios and/or enhanced space options. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators. *Evidence of implementing family and community engagement foundational practices. *Evidence of implementing continuous quality improvement plans for the facility and individual staff. *A structured self-study completed by the administrator and lead teacher(s) over three (3) consecutive months using the appropriate program assessment tool and additional resources located at https://ncrlap.org/Resources/, a written reflection of the self-assessment, including identification of goals for continuous quality improvement, and documentation of the structured self-study. *Environment Rating Scale (ERS) assessment using Early Childhood Environment Rating Scale, Third Edition (ECERS-3). *Evidence of implementing an approved curriculum with four-year old children. We further discussed there are resources on the ncrlap.org website to assist with the self study. An outreach assessment can be requested directly through the North Carolina Rated License Assessment Project (NCRLAP) and can be used for the self-study. The verification form for the self-study will be reviewed and collected by the child care consultant. It is the center operator’s responsibility to make sure each staff person has registered for a DCDEE 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. All staff must have education evaluated by DCDEE WORKS. Two (2) teachers need to establish DCDEE WORKS accounts; C.M. and N.F. The Initial Application for a Two Component Star Rated License is located on the Division’s website under provider forms and documents. All required components of the program assessment pathway are embedded in the rated license application. Curriculum: The curriculum implemented is Creative Curriculum 4th Edition, 2002. Resources: Southwestern Child Development Commission Child Care Resource and Referral - swcdcinc.org/ North Carolina Rated License Assessment Project (NCRLAP) – ncrlap.org North Carolina Health and Safety Resource Center – healthychildcare.unc.edu National Resource Center for Health and Safety in Child Care and Early Education – ncrkids.org Consultation: We discussed there are de-chokers in the classrooms that cannot be used with children in licensed child care. Basic first aid Heimlich or back thrusts would be used for a child who is choking. It is recommended to remove the de-chokers from the classrooms or train staff that the de-chokers would be for adults only. We discussed that any appliance with a heating element, including laminators, cannot be used in the classrooms. Laminators can be used in the staff lounge where they would not be accessible to children. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (e) All electrical appliances shall be used only in accordance with the manufacturer's instructions. For appliances with heating elements, such as bottle warmers, crock pots, irons, coffee pots, or curling irons, neither the appliance nor any cord shall be accessible to preschool-age children. After reviewing the safe sleep policy, the Division’s sample was adopted and you will need to review the check boxes and decide what you are doing to accurately reflect the policy then follow the child care rule below to notify parents. 10A NCAC 09 .0606 SAFE SLEEP PRACTICES (d) If a center amends its safe sleep policy, it shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The center shall retain the acknowledgement in the child's record as long as the child is enrolled at the center. Ms. Smith asked about teething necklaces. Adequate supervision is required for all children and for safety purposes, children should not wear necklaces while sleeping. We discussed that best practice is to create a policy for the parent handbook that states necklaces are not allowed to be worn at the child care facility and for the safety of the children. 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 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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 .0606 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 10/30/2025 Number Present: 40 Completed Date: 10/30/2025 Age: From 0 To 4 Total Minutes: 330 Time In: 10:30 AM Time Out: 04:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Bridget Owen, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed, reviewed with you, a signed copy of the visit summary was left on-site for you. Missy Payne, Administrator, was on-site and available to answer and ask questions. Nicole Smith, Legal Operator, was contacted by phone to review the visit summary and discuss the rated license pathway options. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-seven percent (97%) percent as of 10/29/25. The ownership of the child care facility is Eagle’s Nest Early Learning Center and Preschool, Inc., which is listed as active-current on the North Carolina Secretary of State (NCSOS) website as of today. Permit type – Five Star License dated 5/1/24, capacity of sixty-five (65) children ages 0-12 years. Special Services/Restrictions – Approved for daytime care only, meets enhanced space, meets reduced staff/child ratios. The last fire drill was practiced on 10/16/25. The last shelter-in-place drill was practiced on 8/18/25. The last fire inspection was completed on 2/17/25. The last sanitation inspection was conducted on 2/24/25 with two (2) demerits for a Superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 12/11/23. The lead paint survey has been completed. You stated the asbestos survey is in process of being completed. The administrator has updated the facility’s Emergency Preparedness and Response Plan, effective 10/6/25. The children were observed during free play, routine care, lunch, and rest time. The lunch today was turkey and cheese sandwiches, carrots, apples, and milk. A menu was posted in the kitchen. A menu was not posted where it could be easily seen by parents. There are eleven (11) staff, seven (7) existing staff, four (4) new staff, and the legal operator. There are forty-seven (47) children enrolled, and five (5) children’s files were monitored. The Child Care Center Item Number Listing (DCDEE-0357) was used as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were observed during today’s visit: Violation Number Comment Rule 523 The activity plan did not include a daily gross motor activity which may occur indoors and outdoors. The activity plan in space #3, the classroom with two and three year old children, did not include a daily gross motor activity which may occur indoors or outdoors. .0508(g)(3) 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. A menu was not posted where it could be easily seen by parents. 10A NCAC 09 .0901(b) 721 All equipment and furnishings were not in good repair. There was a large storage container on outdoor space #1 that was in poor repair, falling apart, and had sharp edges where it was broken. G.S. 110-91(6); .0601(b) 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 height for outdoor spaces #1 and #2 measured between three (3) feet, eight (8) inches, and three (3) feet, eleven (11) inches. GS 110-91(6); .0605((i) 847 Parent's medication authorization did not include required information. There was Parent’s Choice Gas Drops in space #4, the classroom with infant and one year old children, that had a medication authorization for topical administration and not oral administration. 10A NCAC 09 .0803(4)(6-9) 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. There was A & D ointment in space #5, the classroom with two and three year old children, with a mediation authorization that expired on 10/9/25. There was a Ventolin inhaler in space #2, the classroom with three and four year old children, with a medication authorization that expired on 9/4/25. There was Little Remedies Gas Drops in space #4, the classroom with infant and one year old children, with a medication authorization expired 9/19/25. .0803(12) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of any of the eleven (11) staff that are hired at the child care facility, as well as the legal operator. G.S. 110-90.2 & .2703(r) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The mulch surfacing measured between five (5) and six (6) inches deep in the fall zone areas around the climbing structure on outdoor space #1. .0605(k)(1-4) 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 11/13/25. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: monica.houck@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Monica Houck 151 Creekview Rd Hendersonville, NC 28792 Please call me at 828-243-2154, or email monica.houck@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. Technical Assistance for Compliance – rule references can be found in the cited violations Lead Based Paint and Asbestos Hazards – Items #1955 and #1959 *The Clean Classrooms for Carolina Kids account for the child care facility states “enrollment started.” To achieve compliance, the surveys for the lead based paint and asbestos hazards must be completed in the account. The account would then state “survey review by RTI.” You may be required to upload documents regarding the age of the building to determine if lead based paint testing and/or asbestos testing is needed. The survey was due to be completed on or before 5/31/25. Materials and Equipment in Good Repair – Item #721 *The large storage container on outdoor space #1 was moved to an area off the playground to make these items inaccessible to children. This was corrected during the visit. DCDEE Criminal Background Check (CBC) – Item #1805 **New and terminated staff notification requirement: To achieve compliance, the eleven (11) staff, as well as the legal operator, must be assigned to the child care facility in the ABCMS portal. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Medication Authorization Form – Item #847 *To achieve compliance, the parent must complete the medication authorization that is not for topical ointments. We discussed that administration of gas drops must be logged on a medication log as well. Expired Medication Authorizations for Children’s Medications – Item #849 *To achieve compliance, the medication must be sent home with the parent or discarded. We discussed when medication authorization forms expire, staff have seventy-two (72) hours to send the medication home or discard the medication. It is recommended to have a monthly audit of all medications to ensure medication authorization forms are current and not expired. Four Foot Fence for Playgrounds – Item #824 *To achieve compliance, the fence must be at minimum four feet in height around the entire perimeter of outdoor spaces #1 and #2. We discussed that the previously installed lattice that raised the height of the fence was not sturdy and had to be removed. Ms. Smith stated there may be additional poles added with chain link fencing added or large pieces of lattice that would be more stable. It is recommended to replace the fencing with a five foot fence to allow for settling and maintain the required four feet or higher. Ms. Smith stated that new fencing has been priced and it is not feasible to purchase new fencing at this time. Adequate Surfacing on the Playground – Item #1867 *To achieve compliance, the surfacing must be at least six (6) inches deep in all areas of the fall zone. We discussed it may be possible to rake some of the existing mulch from the spaces not included in the fall zone. Plan to include a regular check of mulch depth during monthly playground inspections. Menu Posted – Item #526 A current menu allows parents to know what their child will be offered during care. Any substitutions that are made must be written on the menu prior to serving the food to children. If a child had a reaction to a certain food, the menu would help identify the potential source. You posted the same menu that was posted in the kitchen in the entry hallway where it could be seen by parents. This was corrected during the visit. Planned Daily Gross Motor Activity - Item #523 *The daily gross motor activity was added to the activity plan in space #3 by the teacher during the visit. This was corrected during the visit. It is recommended to review with staff that a gross motor activity is required to daily and must be an activity that could be done indoors or outdoors. Rated License Assessment: New rated license rules went into effect on 7/1/25. We discussed the new rules and you the program assessment option. The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. We discussed you would be choosing the program assessment pathway and referred to the SECTION .3200 - STANDARDS FOR TWO THROUGH FIVE STAR RATED LICENSES. The following would be completed for the program assessment pathway based on star level met. *Enhanced staff/child ratios and/or enhanced space options. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators. *Evidence of implementing family and community engagement foundational practices. *Evidence of implementing continuous quality improvement plans for the facility and individual staff. *A structured self-study completed by the administrator and lead teacher(s) over three (3) consecutive months using the appropriate program assessment tool and additional resources located at https://ncrlap.org/Resources/, a written reflection of the self-assessment, including identification of goals for continuous quality improvement, and documentation of the structured self-study. *Environment Rating Scale (ERS) assessment using Early Childhood Environment Rating Scale, Third Edition (ECERS-3). *Evidence of implementing an approved curriculum with four-year old children. We further discussed there are resources on the ncrlap.org website to assist with the self study. An outreach assessment can be requested directly through the North Carolina Rated License Assessment Project (NCRLAP) and can be used for the self-study. The verification form for the self-study will be reviewed and collected by the child care consultant. It is the center operator’s responsibility to make sure each staff person has registered for a DCDEE 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. All staff must have education evaluated by DCDEE WORKS. Two (2) teachers need to establish DCDEE WORKS accounts; C.M. and N.F. The Initial Application for a Two Component Star Rated License is located on the Division’s website under provider forms and documents. All required components of the program assessment pathway are embedded in the rated license application. Curriculum: The curriculum implemented is Creative Curriculum 4th Edition, 2002. Resources: Southwestern Child Development Commission Child Care Resource and Referral - swcdcinc.org/ North Carolina Rated License Assessment Project (NCRLAP) – ncrlap.org North Carolina Health and Safety Resource Center – healthychildcare.unc.edu National Resource Center for Health and Safety in Child Care and Early Education – ncrkids.org Consultation: We discussed there are de-chokers in the classrooms that cannot be used with children in licensed child care. Basic first aid Heimlich or back thrusts would be used for a child who is choking. It is recommended to remove the de-chokers from the classrooms or train staff that the de-chokers would be for adults only. We discussed that any appliance with a heating element, including laminators, cannot be used in the classrooms. Laminators can be used in the staff lounge where they would not be accessible to children. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (e) All electrical appliances shall be used only in accordance with the manufacturer's instructions. For appliances with heating elements, such as bottle warmers, crock pots, irons, coffee pots, or curling irons, neither the appliance nor any cord shall be accessible to preschool-age children. After reviewing the safe sleep policy, the Division’s sample was adopted and you will need to review the check boxes and decide what you are doing to accurately reflect the policy then follow the child care rule below to notify parents. 10A NCAC 09 .0606 SAFE SLEEP PRACTICES (d) If a center amends its safe sleep policy, it shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The center shall retain the acknowledgement in the child's record as long as the child is enrolled at the center. Ms. Smith asked about teething necklaces. Adequate supervision is required for all children and for safety purposes, children should not wear necklaces while sleeping. We discussed that best practice is to create a policy for the parent handbook that states necklaces are not allowed to be worn at the child care facility and for the safety of the children. 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 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 10/30/2025 Number Present: 40 Completed Date: 10/30/2025 Age: From 0 To 4 Total Minutes: 330 Time In: 10:30 AM Time Out: 04:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Bridget Owen, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed, reviewed with you, a signed copy of the visit summary was left on-site for you. Missy Payne, Administrator, was on-site and available to answer and ask questions. Nicole Smith, Legal Operator, was contacted by phone to review the visit summary and discuss the rated license pathway options. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-seven percent (97%) percent as of 10/29/25. The ownership of the child care facility is Eagle’s Nest Early Learning Center and Preschool, Inc., which is listed as active-current on the North Carolina Secretary of State (NCSOS) website as of today. Permit type – Five Star License dated 5/1/24, capacity of sixty-five (65) children ages 0-12 years. Special Services/Restrictions – Approved for daytime care only, meets enhanced space, meets reduced staff/child ratios. The last fire drill was practiced on 10/16/25. The last shelter-in-place drill was practiced on 8/18/25. The last fire inspection was completed on 2/17/25. The last sanitation inspection was conducted on 2/24/25 with two (2) demerits for a Superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 12/11/23. The lead paint survey has been completed. You stated the asbestos survey is in process of being completed. The administrator has updated the facility’s Emergency Preparedness and Response Plan, effective 10/6/25. The children were observed during free play, routine care, lunch, and rest time. The lunch today was turkey and cheese sandwiches, carrots, apples, and milk. A menu was posted in the kitchen. A menu was not posted where it could be easily seen by parents. There are eleven (11) staff, seven (7) existing staff, four (4) new staff, and the legal operator. There are forty-seven (47) children enrolled, and five (5) children’s files were monitored. The Child Care Center Item Number Listing (DCDEE-0357) was used as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were observed during today’s visit: Violation Number Comment Rule 523 The activity plan did not include a daily gross motor activity which may occur indoors and outdoors. The activity plan in space #3, the classroom with two and three year old children, did not include a daily gross motor activity which may occur indoors or outdoors. .0508(g)(3) 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. A menu was not posted where it could be easily seen by parents. 10A NCAC 09 .0901(b) 721 All equipment and furnishings were not in good repair. There was a large storage container on outdoor space #1 that was in poor repair, falling apart, and had sharp edges where it was broken. G.S. 110-91(6); .0601(b) 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 height for outdoor spaces #1 and #2 measured between three (3) feet, eight (8) inches, and three (3) feet, eleven (11) inches. GS 110-91(6); .0605((i) 847 Parent's medication authorization did not include required information. There was Parent’s Choice Gas Drops in space #4, the classroom with infant and one year old children, that had a medication authorization for topical administration and not oral administration. 10A NCAC 09 .0803(4)(6-9) 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. There was A & D ointment in space #5, the classroom with two and three year old children, with a mediation authorization that expired on 10/9/25. There was a Ventolin inhaler in space #2, the classroom with three and four year old children, with a medication authorization that expired on 9/4/25. There was Little Remedies Gas Drops in space #4, the classroom with infant and one year old children, with a medication authorization expired 9/19/25. .0803(12) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of any of the eleven (11) staff that are hired at the child care facility, as well as the legal operator. G.S. 110-90.2 & .2703(r) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The mulch surfacing measured between five (5) and six (6) inches deep in the fall zone areas around the climbing structure on outdoor space #1. .0605(k)(1-4) 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 11/13/25. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: monica.houck@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Monica Houck 151 Creekview Rd Hendersonville, NC 28792 Please call me at 828-243-2154, or email monica.houck@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. Technical Assistance for Compliance – rule references can be found in the cited violations Lead Based Paint and Asbestos Hazards – Items #1955 and #1959 *The Clean Classrooms for Carolina Kids account for the child care facility states “enrollment started.” To achieve compliance, the surveys for the lead based paint and asbestos hazards must be completed in the account. The account would then state “survey review by RTI.” You may be required to upload documents regarding the age of the building to determine if lead based paint testing and/or asbestos testing is needed. The survey was due to be completed on or before 5/31/25. Materials and Equipment in Good Repair – Item #721 *The large storage container on outdoor space #1 was moved to an area off the playground to make these items inaccessible to children. This was corrected during the visit. DCDEE Criminal Background Check (CBC) – Item #1805 **New and terminated staff notification requirement: To achieve compliance, the eleven (11) staff, as well as the legal operator, must be assigned to the child care facility in the ABCMS portal. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Medication Authorization Form – Item #847 *To achieve compliance, the parent must complete the medication authorization that is not for topical ointments. We discussed that administration of gas drops must be logged on a medication log as well. Expired Medication Authorizations for Children’s Medications – Item #849 *To achieve compliance, the medication must be sent home with the parent or discarded. We discussed when medication authorization forms expire, staff have seventy-two (72) hours to send the medication home or discard the medication. It is recommended to have a monthly audit of all medications to ensure medication authorization forms are current and not expired. Four Foot Fence for Playgrounds – Item #824 *To achieve compliance, the fence must be at minimum four feet in height around the entire perimeter of outdoor spaces #1 and #2. We discussed that the previously installed lattice that raised the height of the fence was not sturdy and had to be removed. Ms. Smith stated there may be additional poles added with chain link fencing added or large pieces of lattice that would be more stable. It is recommended to replace the fencing with a five foot fence to allow for settling and maintain the required four feet or higher. Ms. Smith stated that new fencing has been priced and it is not feasible to purchase new fencing at this time. Adequate Surfacing on the Playground – Item #1867 *To achieve compliance, the surfacing must be at least six (6) inches deep in all areas of the fall zone. We discussed it may be possible to rake some of the existing mulch from the spaces not included in the fall zone. Plan to include a regular check of mulch depth during monthly playground inspections. Menu Posted – Item #526 A current menu allows parents to know what their child will be offered during care. Any substitutions that are made must be written on the menu prior to serving the food to children. If a child had a reaction to a certain food, the menu would help identify the potential source. You posted the same menu that was posted in the kitchen in the entry hallway where it could be seen by parents. This was corrected during the visit. Planned Daily Gross Motor Activity - Item #523 *The daily gross motor activity was added to the activity plan in space #3 by the teacher during the visit. This was corrected during the visit. It is recommended to review with staff that a gross motor activity is required to daily and must be an activity that could be done indoors or outdoors. Rated License Assessment: New rated license rules went into effect on 7/1/25. We discussed the new rules and you the program assessment option. The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. We discussed you would be choosing the program assessment pathway and referred to the SECTION .3200 - STANDARDS FOR TWO THROUGH FIVE STAR RATED LICENSES. The following would be completed for the program assessment pathway based on star level met. *Enhanced staff/child ratios and/or enhanced space options. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators. *Evidence of implementing family and community engagement foundational practices. *Evidence of implementing continuous quality improvement plans for the facility and individual staff. *A structured self-study completed by the administrator and lead teacher(s) over three (3) consecutive months using the appropriate program assessment tool and additional resources located at https://ncrlap.org/Resources/, a written reflection of the self-assessment, including identification of goals for continuous quality improvement, and documentation of the structured self-study. *Environment Rating Scale (ERS) assessment using Early Childhood Environment Rating Scale, Third Edition (ECERS-3). *Evidence of implementing an approved curriculum with four-year old children. We further discussed there are resources on the ncrlap.org website to assist with the self study. An outreach assessment can be requested directly through the North Carolina Rated License Assessment Project (NCRLAP) and can be used for the self-study. The verification form for the self-study will be reviewed and collected by the child care consultant. It is the center operator’s responsibility to make sure each staff person has registered for a DCDEE 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. All staff must have education evaluated by DCDEE WORKS. Two (2) teachers need to establish DCDEE WORKS accounts; C.M. and N.F. The Initial Application for a Two Component Star Rated License is located on the Division’s website under provider forms and documents. All required components of the program assessment pathway are embedded in the rated license application. Curriculum: The curriculum implemented is Creative Curriculum 4th Edition, 2002. Resources: Southwestern Child Development Commission Child Care Resource and Referral - swcdcinc.org/ North Carolina Rated License Assessment Project (NCRLAP) – ncrlap.org North Carolina Health and Safety Resource Center – healthychildcare.unc.edu National Resource Center for Health and Safety in Child Care and Early Education – ncrkids.org Consultation: We discussed there are de-chokers in the classrooms that cannot be used with children in licensed child care. Basic first aid Heimlich or back thrusts would be used for a child who is choking. It is recommended to remove the de-chokers from the classrooms or train staff that the de-chokers would be for adults only. We discussed that any appliance with a heating element, including laminators, cannot be used in the classrooms. Laminators can be used in the staff lounge where they would not be accessible to children. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (e) All electrical appliances shall be used only in accordance with the manufacturer's instructions. For appliances with heating elements, such as bottle warmers, crock pots, irons, coffee pots, or curling irons, neither the appliance nor any cord shall be accessible to preschool-age children. After reviewing the safe sleep policy, the Division’s sample was adopted and you will need to review the check boxes and decide what you are doing to accurately reflect the policy then follow the child care rule below to notify parents. 10A NCAC 09 .0606 SAFE SLEEP PRACTICES (d) If a center amends its safe sleep policy, it shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The center shall retain the acknowledgement in the child's record as long as the child is enrolled at the center. Ms. Smith asked about teething necklaces. Adequate supervision is required for all children and for safety purposes, children should not wear necklaces while sleeping. We discussed that best practice is to create a policy for the parent handbook that states necklaces are not allowed to be worn at the child care facility and for the safety of the children. 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 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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 .0901 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 10/30/2025 Number Present: 40 Completed Date: 10/30/2025 Age: From 0 To 4 Total Minutes: 330 Time In: 10:30 AM Time Out: 04:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Bridget Owen, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed, reviewed with you, a signed copy of the visit summary was left on-site for you. Missy Payne, Administrator, was on-site and available to answer and ask questions. Nicole Smith, Legal Operator, was contacted by phone to review the visit summary and discuss the rated license pathway options. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-seven percent (97%) percent as of 10/29/25. The ownership of the child care facility is Eagle’s Nest Early Learning Center and Preschool, Inc., which is listed as active-current on the North Carolina Secretary of State (NCSOS) website as of today. Permit type – Five Star License dated 5/1/24, capacity of sixty-five (65) children ages 0-12 years. Special Services/Restrictions – Approved for daytime care only, meets enhanced space, meets reduced staff/child ratios. The last fire drill was practiced on 10/16/25. The last shelter-in-place drill was practiced on 8/18/25. The last fire inspection was completed on 2/17/25. The last sanitation inspection was conducted on 2/24/25 with two (2) demerits for a Superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 12/11/23. The lead paint survey has been completed. You stated the asbestos survey is in process of being completed. The administrator has updated the facility’s Emergency Preparedness and Response Plan, effective 10/6/25. The children were observed during free play, routine care, lunch, and rest time. The lunch today was turkey and cheese sandwiches, carrots, apples, and milk. A menu was posted in the kitchen. A menu was not posted where it could be easily seen by parents. There are eleven (11) staff, seven (7) existing staff, four (4) new staff, and the legal operator. There are forty-seven (47) children enrolled, and five (5) children’s files were monitored. The Child Care Center Item Number Listing (DCDEE-0357) was used as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were observed during today’s visit: Violation Number Comment Rule 523 The activity plan did not include a daily gross motor activity which may occur indoors and outdoors. The activity plan in space #3, the classroom with two and three year old children, did not include a daily gross motor activity which may occur indoors or outdoors. .0508(g)(3) 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. A menu was not posted where it could be easily seen by parents. 10A NCAC 09 .0901(b) 721 All equipment and furnishings were not in good repair. There was a large storage container on outdoor space #1 that was in poor repair, falling apart, and had sharp edges where it was broken. G.S. 110-91(6); .0601(b) 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 height for outdoor spaces #1 and #2 measured between three (3) feet, eight (8) inches, and three (3) feet, eleven (11) inches. GS 110-91(6); .0605((i) 847 Parent's medication authorization did not include required information. There was Parent’s Choice Gas Drops in space #4, the classroom with infant and one year old children, that had a medication authorization for topical administration and not oral administration. 10A NCAC 09 .0803(4)(6-9) 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. There was A & D ointment in space #5, the classroom with two and three year old children, with a mediation authorization that expired on 10/9/25. There was a Ventolin inhaler in space #2, the classroom with three and four year old children, with a medication authorization that expired on 9/4/25. There was Little Remedies Gas Drops in space #4, the classroom with infant and one year old children, with a medication authorization expired 9/19/25. .0803(12) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of any of the eleven (11) staff that are hired at the child care facility, as well as the legal operator. G.S. 110-90.2 & .2703(r) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The mulch surfacing measured between five (5) and six (6) inches deep in the fall zone areas around the climbing structure on outdoor space #1. .0605(k)(1-4) 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 11/13/25. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: monica.houck@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Monica Houck 151 Creekview Rd Hendersonville, NC 28792 Please call me at 828-243-2154, or email monica.houck@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. Technical Assistance for Compliance – rule references can be found in the cited violations Lead Based Paint and Asbestos Hazards – Items #1955 and #1959 *The Clean Classrooms for Carolina Kids account for the child care facility states “enrollment started.” To achieve compliance, the surveys for the lead based paint and asbestos hazards must be completed in the account. The account would then state “survey review by RTI.” You may be required to upload documents regarding the age of the building to determine if lead based paint testing and/or asbestos testing is needed. The survey was due to be completed on or before 5/31/25. Materials and Equipment in Good Repair – Item #721 *The large storage container on outdoor space #1 was moved to an area off the playground to make these items inaccessible to children. This was corrected during the visit. DCDEE Criminal Background Check (CBC) – Item #1805 **New and terminated staff notification requirement: To achieve compliance, the eleven (11) staff, as well as the legal operator, must be assigned to the child care facility in the ABCMS portal. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Medication Authorization Form – Item #847 *To achieve compliance, the parent must complete the medication authorization that is not for topical ointments. We discussed that administration of gas drops must be logged on a medication log as well. Expired Medication Authorizations for Children’s Medications – Item #849 *To achieve compliance, the medication must be sent home with the parent or discarded. We discussed when medication authorization forms expire, staff have seventy-two (72) hours to send the medication home or discard the medication. It is recommended to have a monthly audit of all medications to ensure medication authorization forms are current and not expired. Four Foot Fence for Playgrounds – Item #824 *To achieve compliance, the fence must be at minimum four feet in height around the entire perimeter of outdoor spaces #1 and #2. We discussed that the previously installed lattice that raised the height of the fence was not sturdy and had to be removed. Ms. Smith stated there may be additional poles added with chain link fencing added or large pieces of lattice that would be more stable. It is recommended to replace the fencing with a five foot fence to allow for settling and maintain the required four feet or higher. Ms. Smith stated that new fencing has been priced and it is not feasible to purchase new fencing at this time. Adequate Surfacing on the Playground – Item #1867 *To achieve compliance, the surfacing must be at least six (6) inches deep in all areas of the fall zone. We discussed it may be possible to rake some of the existing mulch from the spaces not included in the fall zone. Plan to include a regular check of mulch depth during monthly playground inspections. Menu Posted – Item #526 A current menu allows parents to know what their child will be offered during care. Any substitutions that are made must be written on the menu prior to serving the food to children. If a child had a reaction to a certain food, the menu would help identify the potential source. You posted the same menu that was posted in the kitchen in the entry hallway where it could be seen by parents. This was corrected during the visit. Planned Daily Gross Motor Activity - Item #523 *The daily gross motor activity was added to the activity plan in space #3 by the teacher during the visit. This was corrected during the visit. It is recommended to review with staff that a gross motor activity is required to daily and must be an activity that could be done indoors or outdoors. Rated License Assessment: New rated license rules went into effect on 7/1/25. We discussed the new rules and you the program assessment option. The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. We discussed you would be choosing the program assessment pathway and referred to the SECTION .3200 - STANDARDS FOR TWO THROUGH FIVE STAR RATED LICENSES. The following would be completed for the program assessment pathway based on star level met. *Enhanced staff/child ratios and/or enhanced space options. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators. *Evidence of implementing family and community engagement foundational practices. *Evidence of implementing continuous quality improvement plans for the facility and individual staff. *A structured self-study completed by the administrator and lead teacher(s) over three (3) consecutive months using the appropriate program assessment tool and additional resources located at https://ncrlap.org/Resources/, a written reflection of the self-assessment, including identification of goals for continuous quality improvement, and documentation of the structured self-study. *Environment Rating Scale (ERS) assessment using Early Childhood Environment Rating Scale, Third Edition (ECERS-3). *Evidence of implementing an approved curriculum with four-year old children. We further discussed there are resources on the ncrlap.org website to assist with the self study. An outreach assessment can be requested directly through the North Carolina Rated License Assessment Project (NCRLAP) and can be used for the self-study. The verification form for the self-study will be reviewed and collected by the child care consultant. It is the center operator’s responsibility to make sure each staff person has registered for a DCDEE 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. All staff must have education evaluated by DCDEE WORKS. Two (2) teachers need to establish DCDEE WORKS accounts; C.M. and N.F. The Initial Application for a Two Component Star Rated License is located on the Division’s website under provider forms and documents. All required components of the program assessment pathway are embedded in the rated license application. Curriculum: The curriculum implemented is Creative Curriculum 4th Edition, 2002. Resources: Southwestern Child Development Commission Child Care Resource and Referral - swcdcinc.org/ North Carolina Rated License Assessment Project (NCRLAP) – ncrlap.org North Carolina Health and Safety Resource Center – healthychildcare.unc.edu National Resource Center for Health and Safety in Child Care and Early Education – ncrkids.org Consultation: We discussed there are de-chokers in the classrooms that cannot be used with children in licensed child care. Basic first aid Heimlich or back thrusts would be used for a child who is choking. It is recommended to remove the de-chokers from the classrooms or train staff that the de-chokers would be for adults only. We discussed that any appliance with a heating element, including laminators, cannot be used in the classrooms. Laminators can be used in the staff lounge where they would not be accessible to children. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (e) All electrical appliances shall be used only in accordance with the manufacturer's instructions. For appliances with heating elements, such as bottle warmers, crock pots, irons, coffee pots, or curling irons, neither the appliance nor any cord shall be accessible to preschool-age children. After reviewing the safe sleep policy, the Division’s sample was adopted and you will need to review the check boxes and decide what you are doing to accurately reflect the policy then follow the child care rule below to notify parents. 10A NCAC 09 .0606 SAFE SLEEP PRACTICES (d) If a center amends its safe sleep policy, it shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The center shall retain the acknowledgement in the child's record as long as the child is enrolled at the center. Ms. Smith asked about teething necklaces. Adequate supervision is required for all children and for safety purposes, children should not wear necklaces while sleeping. We discussed that best practice is to create a policy for the parent handbook that states necklaces are not allowed to be worn at the child care facility and for the safety of the children. 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 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 10/30/2025 Number Present: 40 Completed Date: 10/30/2025 Age: From 0 To 4 Total Minutes: 330 Time In: 10:30 AM Time Out: 04:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Bridget Owen, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed, reviewed with you, a signed copy of the visit summary was left on-site for you. Missy Payne, Administrator, was on-site and available to answer and ask questions. Nicole Smith, Legal Operator, was contacted by phone to review the visit summary and discuss the rated license pathway options. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-seven percent (97%) percent as of 10/29/25. The ownership of the child care facility is Eagle’s Nest Early Learning Center and Preschool, Inc., which is listed as active-current on the North Carolina Secretary of State (NCSOS) website as of today. Permit type – Five Star License dated 5/1/24, capacity of sixty-five (65) children ages 0-12 years. Special Services/Restrictions – Approved for daytime care only, meets enhanced space, meets reduced staff/child ratios. The last fire drill was practiced on 10/16/25. The last shelter-in-place drill was practiced on 8/18/25. The last fire inspection was completed on 2/17/25. The last sanitation inspection was conducted on 2/24/25 with two (2) demerits for a Superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 12/11/23. The lead paint survey has been completed. You stated the asbestos survey is in process of being completed. The administrator has updated the facility’s Emergency Preparedness and Response Plan, effective 10/6/25. The children were observed during free play, routine care, lunch, and rest time. The lunch today was turkey and cheese sandwiches, carrots, apples, and milk. A menu was posted in the kitchen. A menu was not posted where it could be easily seen by parents. There are eleven (11) staff, seven (7) existing staff, four (4) new staff, and the legal operator. There are forty-seven (47) children enrolled, and five (5) children’s files were monitored. The Child Care Center Item Number Listing (DCDEE-0357) was used as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were observed during today’s visit: Violation Number Comment Rule 523 The activity plan did not include a daily gross motor activity which may occur indoors and outdoors. The activity plan in space #3, the classroom with two and three year old children, did not include a daily gross motor activity which may occur indoors or outdoors. .0508(g)(3) 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. A menu was not posted where it could be easily seen by parents. 10A NCAC 09 .0901(b) 721 All equipment and furnishings were not in good repair. There was a large storage container on outdoor space #1 that was in poor repair, falling apart, and had sharp edges where it was broken. G.S. 110-91(6); .0601(b) 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 height for outdoor spaces #1 and #2 measured between three (3) feet, eight (8) inches, and three (3) feet, eleven (11) inches. GS 110-91(6); .0605((i) 847 Parent's medication authorization did not include required information. There was Parent’s Choice Gas Drops in space #4, the classroom with infant and one year old children, that had a medication authorization for topical administration and not oral administration. 10A NCAC 09 .0803(4)(6-9) 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. There was A & D ointment in space #5, the classroom with two and three year old children, with a mediation authorization that expired on 10/9/25. There was a Ventolin inhaler in space #2, the classroom with three and four year old children, with a medication authorization that expired on 9/4/25. There was Little Remedies Gas Drops in space #4, the classroom with infant and one year old children, with a medication authorization expired 9/19/25. .0803(12) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of any of the eleven (11) staff that are hired at the child care facility, as well as the legal operator. G.S. 110-90.2 & .2703(r) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The mulch surfacing measured between five (5) and six (6) inches deep in the fall zone areas around the climbing structure on outdoor space #1. .0605(k)(1-4) 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 11/13/25. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: monica.houck@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Monica Houck 151 Creekview Rd Hendersonville, NC 28792 Please call me at 828-243-2154, or email monica.houck@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. Technical Assistance for Compliance – rule references can be found in the cited violations Lead Based Paint and Asbestos Hazards – Items #1955 and #1959 *The Clean Classrooms for Carolina Kids account for the child care facility states “enrollment started.” To achieve compliance, the surveys for the lead based paint and asbestos hazards must be completed in the account. The account would then state “survey review by RTI.” You may be required to upload documents regarding the age of the building to determine if lead based paint testing and/or asbestos testing is needed. The survey was due to be completed on or before 5/31/25. Materials and Equipment in Good Repair – Item #721 *The large storage container on outdoor space #1 was moved to an area off the playground to make these items inaccessible to children. This was corrected during the visit. DCDEE Criminal Background Check (CBC) – Item #1805 **New and terminated staff notification requirement: To achieve compliance, the eleven (11) staff, as well as the legal operator, must be assigned to the child care facility in the ABCMS portal. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Medication Authorization Form – Item #847 *To achieve compliance, the parent must complete the medication authorization that is not for topical ointments. We discussed that administration of gas drops must be logged on a medication log as well. Expired Medication Authorizations for Children’s Medications – Item #849 *To achieve compliance, the medication must be sent home with the parent or discarded. We discussed when medication authorization forms expire, staff have seventy-two (72) hours to send the medication home or discard the medication. It is recommended to have a monthly audit of all medications to ensure medication authorization forms are current and not expired. Four Foot Fence for Playgrounds – Item #824 *To achieve compliance, the fence must be at minimum four feet in height around the entire perimeter of outdoor spaces #1 and #2. We discussed that the previously installed lattice that raised the height of the fence was not sturdy and had to be removed. Ms. Smith stated there may be additional poles added with chain link fencing added or large pieces of lattice that would be more stable. It is recommended to replace the fencing with a five foot fence to allow for settling and maintain the required four feet or higher. Ms. Smith stated that new fencing has been priced and it is not feasible to purchase new fencing at this time. Adequate Surfacing on the Playground – Item #1867 *To achieve compliance, the surfacing must be at least six (6) inches deep in all areas of the fall zone. We discussed it may be possible to rake some of the existing mulch from the spaces not included in the fall zone. Plan to include a regular check of mulch depth during monthly playground inspections. Menu Posted – Item #526 A current menu allows parents to know what their child will be offered during care. Any substitutions that are made must be written on the menu prior to serving the food to children. If a child had a reaction to a certain food, the menu would help identify the potential source. You posted the same menu that was posted in the kitchen in the entry hallway where it could be seen by parents. This was corrected during the visit. Planned Daily Gross Motor Activity - Item #523 *The daily gross motor activity was added to the activity plan in space #3 by the teacher during the visit. This was corrected during the visit. It is recommended to review with staff that a gross motor activity is required to daily and must be an activity that could be done indoors or outdoors. Rated License Assessment: New rated license rules went into effect on 7/1/25. We discussed the new rules and you the program assessment option. The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. We discussed you would be choosing the program assessment pathway and referred to the SECTION .3200 - STANDARDS FOR TWO THROUGH FIVE STAR RATED LICENSES. The following would be completed for the program assessment pathway based on star level met. *Enhanced staff/child ratios and/or enhanced space options. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators. *Evidence of implementing family and community engagement foundational practices. *Evidence of implementing continuous quality improvement plans for the facility and individual staff. *A structured self-study completed by the administrator and lead teacher(s) over three (3) consecutive months using the appropriate program assessment tool and additional resources located at https://ncrlap.org/Resources/, a written reflection of the self-assessment, including identification of goals for continuous quality improvement, and documentation of the structured self-study. *Environment Rating Scale (ERS) assessment using Early Childhood Environment Rating Scale, Third Edition (ECERS-3). *Evidence of implementing an approved curriculum with four-year old children. We further discussed there are resources on the ncrlap.org website to assist with the self study. An outreach assessment can be requested directly through the North Carolina Rated License Assessment Project (NCRLAP) and can be used for the self-study. The verification form for the self-study will be reviewed and collected by the child care consultant. It is the center operator’s responsibility to make sure each staff person has registered for a DCDEE 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. All staff must have education evaluated by DCDEE WORKS. Two (2) teachers need to establish DCDEE WORKS accounts; C.M. and N.F. The Initial Application for a Two Component Star Rated License is located on the Division’s website under provider forms and documents. All required components of the program assessment pathway are embedded in the rated license application. Curriculum: The curriculum implemented is Creative Curriculum 4th Edition, 2002. Resources: Southwestern Child Development Commission Child Care Resource and Referral - swcdcinc.org/ North Carolina Rated License Assessment Project (NCRLAP) – ncrlap.org North Carolina Health and Safety Resource Center – healthychildcare.unc.edu National Resource Center for Health and Safety in Child Care and Early Education – ncrkids.org Consultation: We discussed there are de-chokers in the classrooms that cannot be used with children in licensed child care. Basic first aid Heimlich or back thrusts would be used for a child who is choking. It is recommended to remove the de-chokers from the classrooms or train staff that the de-chokers would be for adults only. We discussed that any appliance with a heating element, including laminators, cannot be used in the classrooms. Laminators can be used in the staff lounge where they would not be accessible to children. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (e) All electrical appliances shall be used only in accordance with the manufacturer's instructions. For appliances with heating elements, such as bottle warmers, crock pots, irons, coffee pots, or curling irons, neither the appliance nor any cord shall be accessible to preschool-age children. After reviewing the safe sleep policy, the Division’s sample was adopted and you will need to review the check boxes and decide what you are doing to accurately reflect the policy then follow the child care rule below to notify parents. 10A NCAC 09 .0606 SAFE SLEEP PRACTICES (d) If a center amends its safe sleep policy, it shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The center shall retain the acknowledgement in the child's record as long as the child is enrolled at the center. Ms. Smith asked about teething necklaces. Adequate supervision is required for all children and for safety purposes, children should not wear necklaces while sleeping. We discussed that best practice is to create a policy for the parent handbook that states necklaces are not allowed to be worn at the child care facility and for the safety of the children. 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 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 10/30/2025 Number Present: 40 Completed Date: 10/30/2025 Age: From 0 To 4 Total Minutes: 330 Time In: 10:30 AM Time Out: 04:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Bridget Owen, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed, reviewed with you, a signed copy of the visit summary was left on-site for you. Missy Payne, Administrator, was on-site and available to answer and ask questions. Nicole Smith, Legal Operator, was contacted by phone to review the visit summary and discuss the rated license pathway options. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-seven percent (97%) percent as of 10/29/25. The ownership of the child care facility is Eagle’s Nest Early Learning Center and Preschool, Inc., which is listed as active-current on the North Carolina Secretary of State (NCSOS) website as of today. Permit type – Five Star License dated 5/1/24, capacity of sixty-five (65) children ages 0-12 years. Special Services/Restrictions – Approved for daytime care only, meets enhanced space, meets reduced staff/child ratios. The last fire drill was practiced on 10/16/25. The last shelter-in-place drill was practiced on 8/18/25. The last fire inspection was completed on 2/17/25. The last sanitation inspection was conducted on 2/24/25 with two (2) demerits for a Superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 12/11/23. The lead paint survey has been completed. You stated the asbestos survey is in process of being completed. The administrator has updated the facility’s Emergency Preparedness and Response Plan, effective 10/6/25. The children were observed during free play, routine care, lunch, and rest time. The lunch today was turkey and cheese sandwiches, carrots, apples, and milk. A menu was posted in the kitchen. A menu was not posted where it could be easily seen by parents. There are eleven (11) staff, seven (7) existing staff, four (4) new staff, and the legal operator. There are forty-seven (47) children enrolled, and five (5) children’s files were monitored. The Child Care Center Item Number Listing (DCDEE-0357) was used as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were observed during today’s visit: Violation Number Comment Rule 523 The activity plan did not include a daily gross motor activity which may occur indoors and outdoors. The activity plan in space #3, the classroom with two and three year old children, did not include a daily gross motor activity which may occur indoors or outdoors. .0508(g)(3) 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. A menu was not posted where it could be easily seen by parents. 10A NCAC 09 .0901(b) 721 All equipment and furnishings were not in good repair. There was a large storage container on outdoor space #1 that was in poor repair, falling apart, and had sharp edges where it was broken. G.S. 110-91(6); .0601(b) 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 height for outdoor spaces #1 and #2 measured between three (3) feet, eight (8) inches, and three (3) feet, eleven (11) inches. GS 110-91(6); .0605((i) 847 Parent's medication authorization did not include required information. There was Parent’s Choice Gas Drops in space #4, the classroom with infant and one year old children, that had a medication authorization for topical administration and not oral administration. 10A NCAC 09 .0803(4)(6-9) 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. There was A & D ointment in space #5, the classroom with two and three year old children, with a mediation authorization that expired on 10/9/25. There was a Ventolin inhaler in space #2, the classroom with three and four year old children, with a medication authorization that expired on 9/4/25. There was Little Remedies Gas Drops in space #4, the classroom with infant and one year old children, with a medication authorization expired 9/19/25. .0803(12) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of any of the eleven (11) staff that are hired at the child care facility, as well as the legal operator. G.S. 110-90.2 & .2703(r) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The mulch surfacing measured between five (5) and six (6) inches deep in the fall zone areas around the climbing structure on outdoor space #1. .0605(k)(1-4) 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 11/13/25. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: monica.houck@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Monica Houck 151 Creekview Rd Hendersonville, NC 28792 Please call me at 828-243-2154, or email monica.houck@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. Technical Assistance for Compliance – rule references can be found in the cited violations Lead Based Paint and Asbestos Hazards – Items #1955 and #1959 *The Clean Classrooms for Carolina Kids account for the child care facility states “enrollment started.” To achieve compliance, the surveys for the lead based paint and asbestos hazards must be completed in the account. The account would then state “survey review by RTI.” You may be required to upload documents regarding the age of the building to determine if lead based paint testing and/or asbestos testing is needed. The survey was due to be completed on or before 5/31/25. Materials and Equipment in Good Repair – Item #721 *The large storage container on outdoor space #1 was moved to an area off the playground to make these items inaccessible to children. This was corrected during the visit. DCDEE Criminal Background Check (CBC) – Item #1805 **New and terminated staff notification requirement: To achieve compliance, the eleven (11) staff, as well as the legal operator, must be assigned to the child care facility in the ABCMS portal. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Medication Authorization Form – Item #847 *To achieve compliance, the parent must complete the medication authorization that is not for topical ointments. We discussed that administration of gas drops must be logged on a medication log as well. Expired Medication Authorizations for Children’s Medications – Item #849 *To achieve compliance, the medication must be sent home with the parent or discarded. We discussed when medication authorization forms expire, staff have seventy-two (72) hours to send the medication home or discard the medication. It is recommended to have a monthly audit of all medications to ensure medication authorization forms are current and not expired. Four Foot Fence for Playgrounds – Item #824 *To achieve compliance, the fence must be at minimum four feet in height around the entire perimeter of outdoor spaces #1 and #2. We discussed that the previously installed lattice that raised the height of the fence was not sturdy and had to be removed. Ms. Smith stated there may be additional poles added with chain link fencing added or large pieces of lattice that would be more stable. It is recommended to replace the fencing with a five foot fence to allow for settling and maintain the required four feet or higher. Ms. Smith stated that new fencing has been priced and it is not feasible to purchase new fencing at this time. Adequate Surfacing on the Playground – Item #1867 *To achieve compliance, the surfacing must be at least six (6) inches deep in all areas of the fall zone. We discussed it may be possible to rake some of the existing mulch from the spaces not included in the fall zone. Plan to include a regular check of mulch depth during monthly playground inspections. Menu Posted – Item #526 A current menu allows parents to know what their child will be offered during care. Any substitutions that are made must be written on the menu prior to serving the food to children. If a child had a reaction to a certain food, the menu would help identify the potential source. You posted the same menu that was posted in the kitchen in the entry hallway where it could be seen by parents. This was corrected during the visit. Planned Daily Gross Motor Activity - Item #523 *The daily gross motor activity was added to the activity plan in space #3 by the teacher during the visit. This was corrected during the visit. It is recommended to review with staff that a gross motor activity is required to daily and must be an activity that could be done indoors or outdoors. Rated License Assessment: New rated license rules went into effect on 7/1/25. We discussed the new rules and you the program assessment option. The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. We discussed you would be choosing the program assessment pathway and referred to the SECTION .3200 - STANDARDS FOR TWO THROUGH FIVE STAR RATED LICENSES. The following would be completed for the program assessment pathway based on star level met. *Enhanced staff/child ratios and/or enhanced space options. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators. *Evidence of implementing family and community engagement foundational practices. *Evidence of implementing continuous quality improvement plans for the facility and individual staff. *A structured self-study completed by the administrator and lead teacher(s) over three (3) consecutive months using the appropriate program assessment tool and additional resources located at https://ncrlap.org/Resources/, a written reflection of the self-assessment, including identification of goals for continuous quality improvement, and documentation of the structured self-study. *Environment Rating Scale (ERS) assessment using Early Childhood Environment Rating Scale, Third Edition (ECERS-3). *Evidence of implementing an approved curriculum with four-year old children. We further discussed there are resources on the ncrlap.org website to assist with the self study. An outreach assessment can be requested directly through the North Carolina Rated License Assessment Project (NCRLAP) and can be used for the self-study. The verification form for the self-study will be reviewed and collected by the child care consultant. It is the center operator’s responsibility to make sure each staff person has registered for a DCDEE 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. All staff must have education evaluated by DCDEE WORKS. Two (2) teachers need to establish DCDEE WORKS accounts; C.M. and N.F. The Initial Application for a Two Component Star Rated License is located on the Division’s website under provider forms and documents. All required components of the program assessment pathway are embedded in the rated license application. Curriculum: The curriculum implemented is Creative Curriculum 4th Edition, 2002. Resources: Southwestern Child Development Commission Child Care Resource and Referral - swcdcinc.org/ North Carolina Rated License Assessment Project (NCRLAP) – ncrlap.org North Carolina Health and Safety Resource Center – healthychildcare.unc.edu National Resource Center for Health and Safety in Child Care and Early Education – ncrkids.org Consultation: We discussed there are de-chokers in the classrooms that cannot be used with children in licensed child care. Basic first aid Heimlich or back thrusts would be used for a child who is choking. It is recommended to remove the de-chokers from the classrooms or train staff that the de-chokers would be for adults only. We discussed that any appliance with a heating element, including laminators, cannot be used in the classrooms. Laminators can be used in the staff lounge where they would not be accessible to children. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (e) All electrical appliances shall be used only in accordance with the manufacturer's instructions. For appliances with heating elements, such as bottle warmers, crock pots, irons, coffee pots, or curling irons, neither the appliance nor any cord shall be accessible to preschool-age children. After reviewing the safe sleep policy, the Division’s sample was adopted and you will need to review the check boxes and decide what you are doing to accurately reflect the policy then follow the child care rule below to notify parents. 10A NCAC 09 .0606 SAFE SLEEP PRACTICES (d) If a center amends its safe sleep policy, it shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The center shall retain the acknowledgement in the child's record as long as the child is enrolled at the center. Ms. Smith asked about teething necklaces. Adequate supervision is required for all children and for safety purposes, children should not wear necklaces while sleeping. We discussed that best practice is to create a policy for the parent handbook that states necklaces are not allowed to be worn at the child care facility and for the safety of the children. 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 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 10/30/2025 Number Present: 40 Completed Date: 10/30/2025 Age: From 0 To 4 Total Minutes: 330 Time In: 10:30 AM Time Out: 04:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Bridget Owen, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed, reviewed with you, a signed copy of the visit summary was left on-site for you. Missy Payne, Administrator, was on-site and available to answer and ask questions. Nicole Smith, Legal Operator, was contacted by phone to review the visit summary and discuss the rated license pathway options. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-seven percent (97%) percent as of 10/29/25. The ownership of the child care facility is Eagle’s Nest Early Learning Center and Preschool, Inc., which is listed as active-current on the North Carolina Secretary of State (NCSOS) website as of today. Permit type – Five Star License dated 5/1/24, capacity of sixty-five (65) children ages 0-12 years. Special Services/Restrictions – Approved for daytime care only, meets enhanced space, meets reduced staff/child ratios. The last fire drill was practiced on 10/16/25. The last shelter-in-place drill was practiced on 8/18/25. The last fire inspection was completed on 2/17/25. The last sanitation inspection was conducted on 2/24/25 with two (2) demerits for a Superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 12/11/23. The lead paint survey has been completed. You stated the asbestos survey is in process of being completed. The administrator has updated the facility’s Emergency Preparedness and Response Plan, effective 10/6/25. The children were observed during free play, routine care, lunch, and rest time. The lunch today was turkey and cheese sandwiches, carrots, apples, and milk. A menu was posted in the kitchen. A menu was not posted where it could be easily seen by parents. There are eleven (11) staff, seven (7) existing staff, four (4) new staff, and the legal operator. There are forty-seven (47) children enrolled, and five (5) children’s files were monitored. The Child Care Center Item Number Listing (DCDEE-0357) was used as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were observed during today’s visit: Violation Number Comment Rule 523 The activity plan did not include a daily gross motor activity which may occur indoors and outdoors. The activity plan in space #3, the classroom with two and three year old children, did not include a daily gross motor activity which may occur indoors or outdoors. .0508(g)(3) 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. A menu was not posted where it could be easily seen by parents. 10A NCAC 09 .0901(b) 721 All equipment and furnishings were not in good repair. There was a large storage container on outdoor space #1 that was in poor repair, falling apart, and had sharp edges where it was broken. G.S. 110-91(6); .0601(b) 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 height for outdoor spaces #1 and #2 measured between three (3) feet, eight (8) inches, and three (3) feet, eleven (11) inches. GS 110-91(6); .0605((i) 847 Parent's medication authorization did not include required information. There was Parent’s Choice Gas Drops in space #4, the classroom with infant and one year old children, that had a medication authorization for topical administration and not oral administration. 10A NCAC 09 .0803(4)(6-9) 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. There was A & D ointment in space #5, the classroom with two and three year old children, with a mediation authorization that expired on 10/9/25. There was a Ventolin inhaler in space #2, the classroom with three and four year old children, with a medication authorization that expired on 9/4/25. There was Little Remedies Gas Drops in space #4, the classroom with infant and one year old children, with a medication authorization expired 9/19/25. .0803(12) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of any of the eleven (11) staff that are hired at the child care facility, as well as the legal operator. G.S. 110-90.2 & .2703(r) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The mulch surfacing measured between five (5) and six (6) inches deep in the fall zone areas around the climbing structure on outdoor space #1. .0605(k)(1-4) 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 11/13/25. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: monica.houck@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Monica Houck 151 Creekview Rd Hendersonville, NC 28792 Please call me at 828-243-2154, or email monica.houck@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. Technical Assistance for Compliance – rule references can be found in the cited violations Lead Based Paint and Asbestos Hazards – Items #1955 and #1959 *The Clean Classrooms for Carolina Kids account for the child care facility states “enrollment started.” To achieve compliance, the surveys for the lead based paint and asbestos hazards must be completed in the account. The account would then state “survey review by RTI.” You may be required to upload documents regarding the age of the building to determine if lead based paint testing and/or asbestos testing is needed. The survey was due to be completed on or before 5/31/25. Materials and Equipment in Good Repair – Item #721 *The large storage container on outdoor space #1 was moved to an area off the playground to make these items inaccessible to children. This was corrected during the visit. DCDEE Criminal Background Check (CBC) – Item #1805 **New and terminated staff notification requirement: To achieve compliance, the eleven (11) staff, as well as the legal operator, must be assigned to the child care facility in the ABCMS portal. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Medication Authorization Form – Item #847 *To achieve compliance, the parent must complete the medication authorization that is not for topical ointments. We discussed that administration of gas drops must be logged on a medication log as well. Expired Medication Authorizations for Children’s Medications – Item #849 *To achieve compliance, the medication must be sent home with the parent or discarded. We discussed when medication authorization forms expire, staff have seventy-two (72) hours to send the medication home or discard the medication. It is recommended to have a monthly audit of all medications to ensure medication authorization forms are current and not expired. Four Foot Fence for Playgrounds – Item #824 *To achieve compliance, the fence must be at minimum four feet in height around the entire perimeter of outdoor spaces #1 and #2. We discussed that the previously installed lattice that raised the height of the fence was not sturdy and had to be removed. Ms. Smith stated there may be additional poles added with chain link fencing added or large pieces of lattice that would be more stable. It is recommended to replace the fencing with a five foot fence to allow for settling and maintain the required four feet or higher. Ms. Smith stated that new fencing has been priced and it is not feasible to purchase new fencing at this time. Adequate Surfacing on the Playground – Item #1867 *To achieve compliance, the surfacing must be at least six (6) inches deep in all areas of the fall zone. We discussed it may be possible to rake some of the existing mulch from the spaces not included in the fall zone. Plan to include a regular check of mulch depth during monthly playground inspections. Menu Posted – Item #526 A current menu allows parents to know what their child will be offered during care. Any substitutions that are made must be written on the menu prior to serving the food to children. If a child had a reaction to a certain food, the menu would help identify the potential source. You posted the same menu that was posted in the kitchen in the entry hallway where it could be seen by parents. This was corrected during the visit. Planned Daily Gross Motor Activity - Item #523 *The daily gross motor activity was added to the activity plan in space #3 by the teacher during the visit. This was corrected during the visit. It is recommended to review with staff that a gross motor activity is required to daily and must be an activity that could be done indoors or outdoors. Rated License Assessment: New rated license rules went into effect on 7/1/25. We discussed the new rules and you the program assessment option. The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. We discussed you would be choosing the program assessment pathway and referred to the SECTION .3200 - STANDARDS FOR TWO THROUGH FIVE STAR RATED LICENSES. The following would be completed for the program assessment pathway based on star level met. *Enhanced staff/child ratios and/or enhanced space options. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators. *Evidence of implementing family and community engagement foundational practices. *Evidence of implementing continuous quality improvement plans for the facility and individual staff. *A structured self-study completed by the administrator and lead teacher(s) over three (3) consecutive months using the appropriate program assessment tool and additional resources located at https://ncrlap.org/Resources/, a written reflection of the self-assessment, including identification of goals for continuous quality improvement, and documentation of the structured self-study. *Environment Rating Scale (ERS) assessment using Early Childhood Environment Rating Scale, Third Edition (ECERS-3). *Evidence of implementing an approved curriculum with four-year old children. We further discussed there are resources on the ncrlap.org website to assist with the self study. An outreach assessment can be requested directly through the North Carolina Rated License Assessment Project (NCRLAP) and can be used for the self-study. The verification form for the self-study will be reviewed and collected by the child care consultant. It is the center operator’s responsibility to make sure each staff person has registered for a DCDEE 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. All staff must have education evaluated by DCDEE WORKS. Two (2) teachers need to establish DCDEE WORKS accounts; C.M. and N.F. The Initial Application for a Two Component Star Rated License is located on the Division’s website under provider forms and documents. All required components of the program assessment pathway are embedded in the rated license application. Curriculum: The curriculum implemented is Creative Curriculum 4th Edition, 2002. Resources: Southwestern Child Development Commission Child Care Resource and Referral - swcdcinc.org/ North Carolina Rated License Assessment Project (NCRLAP) – ncrlap.org North Carolina Health and Safety Resource Center – healthychildcare.unc.edu National Resource Center for Health and Safety in Child Care and Early Education – ncrkids.org Consultation: We discussed there are de-chokers in the classrooms that cannot be used with children in licensed child care. Basic first aid Heimlich or back thrusts would be used for a child who is choking. It is recommended to remove the de-chokers from the classrooms or train staff that the de-chokers would be for adults only. We discussed that any appliance with a heating element, including laminators, cannot be used in the classrooms. Laminators can be used in the staff lounge where they would not be accessible to children. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (e) All electrical appliances shall be used only in accordance with the manufacturer's instructions. For appliances with heating elements, such as bottle warmers, crock pots, irons, coffee pots, or curling irons, neither the appliance nor any cord shall be accessible to preschool-age children. After reviewing the safe sleep policy, the Division’s sample was adopted and you will need to review the check boxes and decide what you are doing to accurately reflect the policy then follow the child care rule below to notify parents. 10A NCAC 09 .0606 SAFE SLEEP PRACTICES (d) If a center amends its safe sleep policy, it shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The center shall retain the acknowledgement in the child's record as long as the child is enrolled at the center. Ms. Smith asked about teething necklaces. Adequate supervision is required for all children and for safety purposes, children should not wear necklaces while sleeping. We discussed that best practice is to create a policy for the parent handbook that states necklaces are not allowed to be worn at the child care facility and for the safety of the children. 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 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 10/30/2025 Number Present: 40 Completed Date: 10/30/2025 Age: From 0 To 4 Total Minutes: 330 Time In: 10:30 AM Time Out: 04:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Bridget Owen, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed, reviewed with you, a signed copy of the visit summary was left on-site for you. Missy Payne, Administrator, was on-site and available to answer and ask questions. Nicole Smith, Legal Operator, was contacted by phone to review the visit summary and discuss the rated license pathway options. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-seven percent (97%) percent as of 10/29/25. The ownership of the child care facility is Eagle’s Nest Early Learning Center and Preschool, Inc., which is listed as active-current on the North Carolina Secretary of State (NCSOS) website as of today. Permit type – Five Star License dated 5/1/24, capacity of sixty-five (65) children ages 0-12 years. Special Services/Restrictions – Approved for daytime care only, meets enhanced space, meets reduced staff/child ratios. The last fire drill was practiced on 10/16/25. The last shelter-in-place drill was practiced on 8/18/25. The last fire inspection was completed on 2/17/25. The last sanitation inspection was conducted on 2/24/25 with two (2) demerits for a Superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 12/11/23. The lead paint survey has been completed. You stated the asbestos survey is in process of being completed. The administrator has updated the facility’s Emergency Preparedness and Response Plan, effective 10/6/25. The children were observed during free play, routine care, lunch, and rest time. The lunch today was turkey and cheese sandwiches, carrots, apples, and milk. A menu was posted in the kitchen. A menu was not posted where it could be easily seen by parents. There are eleven (11) staff, seven (7) existing staff, four (4) new staff, and the legal operator. There are forty-seven (47) children enrolled, and five (5) children’s files were monitored. The Child Care Center Item Number Listing (DCDEE-0357) was used as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were observed during today’s visit: Violation Number Comment Rule 523 The activity plan did not include a daily gross motor activity which may occur indoors and outdoors. The activity plan in space #3, the classroom with two and three year old children, did not include a daily gross motor activity which may occur indoors or outdoors. .0508(g)(3) 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. A menu was not posted where it could be easily seen by parents. 10A NCAC 09 .0901(b) 721 All equipment and furnishings were not in good repair. There was a large storage container on outdoor space #1 that was in poor repair, falling apart, and had sharp edges where it was broken. G.S. 110-91(6); .0601(b) 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 height for outdoor spaces #1 and #2 measured between three (3) feet, eight (8) inches, and three (3) feet, eleven (11) inches. GS 110-91(6); .0605((i) 847 Parent's medication authorization did not include required information. There was Parent’s Choice Gas Drops in space #4, the classroom with infant and one year old children, that had a medication authorization for topical administration and not oral administration. 10A NCAC 09 .0803(4)(6-9) 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. There was A & D ointment in space #5, the classroom with two and three year old children, with a mediation authorization that expired on 10/9/25. There was a Ventolin inhaler in space #2, the classroom with three and four year old children, with a medication authorization that expired on 9/4/25. There was Little Remedies Gas Drops in space #4, the classroom with infant and one year old children, with a medication authorization expired 9/19/25. .0803(12) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of any of the eleven (11) staff that are hired at the child care facility, as well as the legal operator. G.S. 110-90.2 & .2703(r) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The mulch surfacing measured between five (5) and six (6) inches deep in the fall zone areas around the climbing structure on outdoor space #1. .0605(k)(1-4) 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 11/13/25. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: monica.houck@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Monica Houck 151 Creekview Rd Hendersonville, NC 28792 Please call me at 828-243-2154, or email monica.houck@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. Technical Assistance for Compliance – rule references can be found in the cited violations Lead Based Paint and Asbestos Hazards – Items #1955 and #1959 *The Clean Classrooms for Carolina Kids account for the child care facility states “enrollment started.” To achieve compliance, the surveys for the lead based paint and asbestos hazards must be completed in the account. The account would then state “survey review by RTI.” You may be required to upload documents regarding the age of the building to determine if lead based paint testing and/or asbestos testing is needed. The survey was due to be completed on or before 5/31/25. Materials and Equipment in Good Repair – Item #721 *The large storage container on outdoor space #1 was moved to an area off the playground to make these items inaccessible to children. This was corrected during the visit. DCDEE Criminal Background Check (CBC) – Item #1805 **New and terminated staff notification requirement: To achieve compliance, the eleven (11) staff, as well as the legal operator, must be assigned to the child care facility in the ABCMS portal. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Medication Authorization Form – Item #847 *To achieve compliance, the parent must complete the medication authorization that is not for topical ointments. We discussed that administration of gas drops must be logged on a medication log as well. Expired Medication Authorizations for Children’s Medications – Item #849 *To achieve compliance, the medication must be sent home with the parent or discarded. We discussed when medication authorization forms expire, staff have seventy-two (72) hours to send the medication home or discard the medication. It is recommended to have a monthly audit of all medications to ensure medication authorization forms are current and not expired. Four Foot Fence for Playgrounds – Item #824 *To achieve compliance, the fence must be at minimum four feet in height around the entire perimeter of outdoor spaces #1 and #2. We discussed that the previously installed lattice that raised the height of the fence was not sturdy and had to be removed. Ms. Smith stated there may be additional poles added with chain link fencing added or large pieces of lattice that would be more stable. It is recommended to replace the fencing with a five foot fence to allow for settling and maintain the required four feet or higher. Ms. Smith stated that new fencing has been priced and it is not feasible to purchase new fencing at this time. Adequate Surfacing on the Playground – Item #1867 *To achieve compliance, the surfacing must be at least six (6) inches deep in all areas of the fall zone. We discussed it may be possible to rake some of the existing mulch from the spaces not included in the fall zone. Plan to include a regular check of mulch depth during monthly playground inspections. Menu Posted – Item #526 A current menu allows parents to know what their child will be offered during care. Any substitutions that are made must be written on the menu prior to serving the food to children. If a child had a reaction to a certain food, the menu would help identify the potential source. You posted the same menu that was posted in the kitchen in the entry hallway where it could be seen by parents. This was corrected during the visit. Planned Daily Gross Motor Activity - Item #523 *The daily gross motor activity was added to the activity plan in space #3 by the teacher during the visit. This was corrected during the visit. It is recommended to review with staff that a gross motor activity is required to daily and must be an activity that could be done indoors or outdoors. Rated License Assessment: New rated license rules went into effect on 7/1/25. We discussed the new rules and you the program assessment option. The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. We discussed you would be choosing the program assessment pathway and referred to the SECTION .3200 - STANDARDS FOR TWO THROUGH FIVE STAR RATED LICENSES. The following would be completed for the program assessment pathway based on star level met. *Enhanced staff/child ratios and/or enhanced space options. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators. *Evidence of implementing family and community engagement foundational practices. *Evidence of implementing continuous quality improvement plans for the facility and individual staff. *A structured self-study completed by the administrator and lead teacher(s) over three (3) consecutive months using the appropriate program assessment tool and additional resources located at https://ncrlap.org/Resources/, a written reflection of the self-assessment, including identification of goals for continuous quality improvement, and documentation of the structured self-study. *Environment Rating Scale (ERS) assessment using Early Childhood Environment Rating Scale, Third Edition (ECERS-3). *Evidence of implementing an approved curriculum with four-year old children. We further discussed there are resources on the ncrlap.org website to assist with the self study. An outreach assessment can be requested directly through the North Carolina Rated License Assessment Project (NCRLAP) and can be used for the self-study. The verification form for the self-study will be reviewed and collected by the child care consultant. It is the center operator’s responsibility to make sure each staff person has registered for a DCDEE 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. All staff must have education evaluated by DCDEE WORKS. Two (2) teachers need to establish DCDEE WORKS accounts; C.M. and N.F. The Initial Application for a Two Component Star Rated License is located on the Division’s website under provider forms and documents. All required components of the program assessment pathway are embedded in the rated license application. Curriculum: The curriculum implemented is Creative Curriculum 4th Edition, 2002. Resources: Southwestern Child Development Commission Child Care Resource and Referral - swcdcinc.org/ North Carolina Rated License Assessment Project (NCRLAP) – ncrlap.org North Carolina Health and Safety Resource Center – healthychildcare.unc.edu National Resource Center for Health and Safety in Child Care and Early Education – ncrkids.org Consultation: We discussed there are de-chokers in the classrooms that cannot be used with children in licensed child care. Basic first aid Heimlich or back thrusts would be used for a child who is choking. It is recommended to remove the de-chokers from the classrooms or train staff that the de-chokers would be for adults only. We discussed that any appliance with a heating element, including laminators, cannot be used in the classrooms. Laminators can be used in the staff lounge where they would not be accessible to children. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (e) All electrical appliances shall be used only in accordance with the manufacturer's instructions. For appliances with heating elements, such as bottle warmers, crock pots, irons, coffee pots, or curling irons, neither the appliance nor any cord shall be accessible to preschool-age children. After reviewing the safe sleep policy, the Division’s sample was adopted and you will need to review the check boxes and decide what you are doing to accurately reflect the policy then follow the child care rule below to notify parents. 10A NCAC 09 .0606 SAFE SLEEP PRACTICES (d) If a center amends its safe sleep policy, it shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The center shall retain the acknowledgement in the child's record as long as the child is enrolled at the center. Ms. Smith asked about teething necklaces. Adequate supervision is required for all children and for safety purposes, children should not wear necklaces while sleeping. We discussed that best practice is to create a policy for the parent handbook that states necklaces are not allowed to be worn at the child care facility and for the safety of the children. 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 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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

GS 110-91 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 10/30/2025 Number Present: 40 Completed Date: 10/30/2025 Age: From 0 To 4 Total Minutes: 330 Time In: 10:30 AM Time Out: 04:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Bridget Owen, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed, reviewed with you, a signed copy of the visit summary was left on-site for you. Missy Payne, Administrator, was on-site and available to answer and ask questions. Nicole Smith, Legal Operator, was contacted by phone to review the visit summary and discuss the rated license pathway options. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-seven percent (97%) percent as of 10/29/25. The ownership of the child care facility is Eagle’s Nest Early Learning Center and Preschool, Inc., which is listed as active-current on the North Carolina Secretary of State (NCSOS) website as of today. Permit type – Five Star License dated 5/1/24, capacity of sixty-five (65) children ages 0-12 years. Special Services/Restrictions – Approved for daytime care only, meets enhanced space, meets reduced staff/child ratios. The last fire drill was practiced on 10/16/25. The last shelter-in-place drill was practiced on 8/18/25. The last fire inspection was completed on 2/17/25. The last sanitation inspection was conducted on 2/24/25 with two (2) demerits for a Superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 12/11/23. The lead paint survey has been completed. You stated the asbestos survey is in process of being completed. The administrator has updated the facility’s Emergency Preparedness and Response Plan, effective 10/6/25. The children were observed during free play, routine care, lunch, and rest time. The lunch today was turkey and cheese sandwiches, carrots, apples, and milk. A menu was posted in the kitchen. A menu was not posted where it could be easily seen by parents. There are eleven (11) staff, seven (7) existing staff, four (4) new staff, and the legal operator. There are forty-seven (47) children enrolled, and five (5) children’s files were monitored. The Child Care Center Item Number Listing (DCDEE-0357) was used as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were observed during today’s visit: Violation Number Comment Rule 523 The activity plan did not include a daily gross motor activity which may occur indoors and outdoors. The activity plan in space #3, the classroom with two and three year old children, did not include a daily gross motor activity which may occur indoors or outdoors. .0508(g)(3) 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. A menu was not posted where it could be easily seen by parents. 10A NCAC 09 .0901(b) 721 All equipment and furnishings were not in good repair. There was a large storage container on outdoor space #1 that was in poor repair, falling apart, and had sharp edges where it was broken. G.S. 110-91(6); .0601(b) 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 height for outdoor spaces #1 and #2 measured between three (3) feet, eight (8) inches, and three (3) feet, eleven (11) inches. GS 110-91(6); .0605((i) 847 Parent's medication authorization did not include required information. There was Parent’s Choice Gas Drops in space #4, the classroom with infant and one year old children, that had a medication authorization for topical administration and not oral administration. 10A NCAC 09 .0803(4)(6-9) 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. There was A & D ointment in space #5, the classroom with two and three year old children, with a mediation authorization that expired on 10/9/25. There was a Ventolin inhaler in space #2, the classroom with three and four year old children, with a medication authorization that expired on 9/4/25. There was Little Remedies Gas Drops in space #4, the classroom with infant and one year old children, with a medication authorization expired 9/19/25. .0803(12) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of any of the eleven (11) staff that are hired at the child care facility, as well as the legal operator. G.S. 110-90.2 & .2703(r) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The mulch surfacing measured between five (5) and six (6) inches deep in the fall zone areas around the climbing structure on outdoor space #1. .0605(k)(1-4) 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 11/13/25. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: monica.houck@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Monica Houck 151 Creekview Rd Hendersonville, NC 28792 Please call me at 828-243-2154, or email monica.houck@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. Technical Assistance for Compliance – rule references can be found in the cited violations Lead Based Paint and Asbestos Hazards – Items #1955 and #1959 *The Clean Classrooms for Carolina Kids account for the child care facility states “enrollment started.” To achieve compliance, the surveys for the lead based paint and asbestos hazards must be completed in the account. The account would then state “survey review by RTI.” You may be required to upload documents regarding the age of the building to determine if lead based paint testing and/or asbestos testing is needed. The survey was due to be completed on or before 5/31/25. Materials and Equipment in Good Repair – Item #721 *The large storage container on outdoor space #1 was moved to an area off the playground to make these items inaccessible to children. This was corrected during the visit. DCDEE Criminal Background Check (CBC) – Item #1805 **New and terminated staff notification requirement: To achieve compliance, the eleven (11) staff, as well as the legal operator, must be assigned to the child care facility in the ABCMS portal. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Medication Authorization Form – Item #847 *To achieve compliance, the parent must complete the medication authorization that is not for topical ointments. We discussed that administration of gas drops must be logged on a medication log as well. Expired Medication Authorizations for Children’s Medications – Item #849 *To achieve compliance, the medication must be sent home with the parent or discarded. We discussed when medication authorization forms expire, staff have seventy-two (72) hours to send the medication home or discard the medication. It is recommended to have a monthly audit of all medications to ensure medication authorization forms are current and not expired. Four Foot Fence for Playgrounds – Item #824 *To achieve compliance, the fence must be at minimum four feet in height around the entire perimeter of outdoor spaces #1 and #2. We discussed that the previously installed lattice that raised the height of the fence was not sturdy and had to be removed. Ms. Smith stated there may be additional poles added with chain link fencing added or large pieces of lattice that would be more stable. It is recommended to replace the fencing with a five foot fence to allow for settling and maintain the required four feet or higher. Ms. Smith stated that new fencing has been priced and it is not feasible to purchase new fencing at this time. Adequate Surfacing on the Playground – Item #1867 *To achieve compliance, the surfacing must be at least six (6) inches deep in all areas of the fall zone. We discussed it may be possible to rake some of the existing mulch from the spaces not included in the fall zone. Plan to include a regular check of mulch depth during monthly playground inspections. Menu Posted – Item #526 A current menu allows parents to know what their child will be offered during care. Any substitutions that are made must be written on the menu prior to serving the food to children. If a child had a reaction to a certain food, the menu would help identify the potential source. You posted the same menu that was posted in the kitchen in the entry hallway where it could be seen by parents. This was corrected during the visit. Planned Daily Gross Motor Activity - Item #523 *The daily gross motor activity was added to the activity plan in space #3 by the teacher during the visit. This was corrected during the visit. It is recommended to review with staff that a gross motor activity is required to daily and must be an activity that could be done indoors or outdoors. Rated License Assessment: New rated license rules went into effect on 7/1/25. We discussed the new rules and you the program assessment option. The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. We discussed you would be choosing the program assessment pathway and referred to the SECTION .3200 - STANDARDS FOR TWO THROUGH FIVE STAR RATED LICENSES. The following would be completed for the program assessment pathway based on star level met. *Enhanced staff/child ratios and/or enhanced space options. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators. *Evidence of implementing family and community engagement foundational practices. *Evidence of implementing continuous quality improvement plans for the facility and individual staff. *A structured self-study completed by the administrator and lead teacher(s) over three (3) consecutive months using the appropriate program assessment tool and additional resources located at https://ncrlap.org/Resources/, a written reflection of the self-assessment, including identification of goals for continuous quality improvement, and documentation of the structured self-study. *Environment Rating Scale (ERS) assessment using Early Childhood Environment Rating Scale, Third Edition (ECERS-3). *Evidence of implementing an approved curriculum with four-year old children. We further discussed there are resources on the ncrlap.org website to assist with the self study. An outreach assessment can be requested directly through the North Carolina Rated License Assessment Project (NCRLAP) and can be used for the self-study. The verification form for the self-study will be reviewed and collected by the child care consultant. It is the center operator’s responsibility to make sure each staff person has registered for a DCDEE 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. All staff must have education evaluated by DCDEE WORKS. Two (2) teachers need to establish DCDEE WORKS accounts; C.M. and N.F. The Initial Application for a Two Component Star Rated License is located on the Division’s website under provider forms and documents. All required components of the program assessment pathway are embedded in the rated license application. Curriculum: The curriculum implemented is Creative Curriculum 4th Edition, 2002. Resources: Southwestern Child Development Commission Child Care Resource and Referral - swcdcinc.org/ North Carolina Rated License Assessment Project (NCRLAP) – ncrlap.org North Carolina Health and Safety Resource Center – healthychildcare.unc.edu National Resource Center for Health and Safety in Child Care and Early Education – ncrkids.org Consultation: We discussed there are de-chokers in the classrooms that cannot be used with children in licensed child care. Basic first aid Heimlich or back thrusts would be used for a child who is choking. It is recommended to remove the de-chokers from the classrooms or train staff that the de-chokers would be for adults only. We discussed that any appliance with a heating element, including laminators, cannot be used in the classrooms. Laminators can be used in the staff lounge where they would not be accessible to children. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (e) All electrical appliances shall be used only in accordance with the manufacturer's instructions. For appliances with heating elements, such as bottle warmers, crock pots, irons, coffee pots, or curling irons, neither the appliance nor any cord shall be accessible to preschool-age children. After reviewing the safe sleep policy, the Division’s sample was adopted and you will need to review the check boxes and decide what you are doing to accurately reflect the policy then follow the child care rule below to notify parents. 10A NCAC 09 .0606 SAFE SLEEP PRACTICES (d) If a center amends its safe sleep policy, it shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The center shall retain the acknowledgement in the child's record as long as the child is enrolled at the center. Ms. Smith asked about teething necklaces. Adequate supervision is required for all children and for safety purposes, children should not wear necklaces while sleeping. We discussed that best practice is to create a policy for the parent handbook that states necklaces are not allowed to be worn at the child care facility and for the safety of the children. 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 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 10/30/2025 Number Present: 40 Completed Date: 10/30/2025 Age: From 0 To 4 Total Minutes: 330 Time In: 10:30 AM Time Out: 04:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Bridget Owen, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed, reviewed with you, a signed copy of the visit summary was left on-site for you. Missy Payne, Administrator, was on-site and available to answer and ask questions. Nicole Smith, Legal Operator, was contacted by phone to review the visit summary and discuss the rated license pathway options. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-seven percent (97%) percent as of 10/29/25. The ownership of the child care facility is Eagle’s Nest Early Learning Center and Preschool, Inc., which is listed as active-current on the North Carolina Secretary of State (NCSOS) website as of today. Permit type – Five Star License dated 5/1/24, capacity of sixty-five (65) children ages 0-12 years. Special Services/Restrictions – Approved for daytime care only, meets enhanced space, meets reduced staff/child ratios. The last fire drill was practiced on 10/16/25. The last shelter-in-place drill was practiced on 8/18/25. The last fire inspection was completed on 2/17/25. The last sanitation inspection was conducted on 2/24/25 with two (2) demerits for a Superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 12/11/23. The lead paint survey has been completed. You stated the asbestos survey is in process of being completed. The administrator has updated the facility’s Emergency Preparedness and Response Plan, effective 10/6/25. The children were observed during free play, routine care, lunch, and rest time. The lunch today was turkey and cheese sandwiches, carrots, apples, and milk. A menu was posted in the kitchen. A menu was not posted where it could be easily seen by parents. There are eleven (11) staff, seven (7) existing staff, four (4) new staff, and the legal operator. There are forty-seven (47) children enrolled, and five (5) children’s files were monitored. The Child Care Center Item Number Listing (DCDEE-0357) was used as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were observed during today’s visit: Violation Number Comment Rule 523 The activity plan did not include a daily gross motor activity which may occur indoors and outdoors. The activity plan in space #3, the classroom with two and three year old children, did not include a daily gross motor activity which may occur indoors or outdoors. .0508(g)(3) 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. A menu was not posted where it could be easily seen by parents. 10A NCAC 09 .0901(b) 721 All equipment and furnishings were not in good repair. There was a large storage container on outdoor space #1 that was in poor repair, falling apart, and had sharp edges where it was broken. G.S. 110-91(6); .0601(b) 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 height for outdoor spaces #1 and #2 measured between three (3) feet, eight (8) inches, and three (3) feet, eleven (11) inches. GS 110-91(6); .0605((i) 847 Parent's medication authorization did not include required information. There was Parent’s Choice Gas Drops in space #4, the classroom with infant and one year old children, that had a medication authorization for topical administration and not oral administration. 10A NCAC 09 .0803(4)(6-9) 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. There was A & D ointment in space #5, the classroom with two and three year old children, with a mediation authorization that expired on 10/9/25. There was a Ventolin inhaler in space #2, the classroom with three and four year old children, with a medication authorization that expired on 9/4/25. There was Little Remedies Gas Drops in space #4, the classroom with infant and one year old children, with a medication authorization expired 9/19/25. .0803(12) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of any of the eleven (11) staff that are hired at the child care facility, as well as the legal operator. G.S. 110-90.2 & .2703(r) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The mulch surfacing measured between five (5) and six (6) inches deep in the fall zone areas around the climbing structure on outdoor space #1. .0605(k)(1-4) 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 11/13/25. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: monica.houck@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Monica Houck 151 Creekview Rd Hendersonville, NC 28792 Please call me at 828-243-2154, or email monica.houck@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. Technical Assistance for Compliance – rule references can be found in the cited violations Lead Based Paint and Asbestos Hazards – Items #1955 and #1959 *The Clean Classrooms for Carolina Kids account for the child care facility states “enrollment started.” To achieve compliance, the surveys for the lead based paint and asbestos hazards must be completed in the account. The account would then state “survey review by RTI.” You may be required to upload documents regarding the age of the building to determine if lead based paint testing and/or asbestos testing is needed. The survey was due to be completed on or before 5/31/25. Materials and Equipment in Good Repair – Item #721 *The large storage container on outdoor space #1 was moved to an area off the playground to make these items inaccessible to children. This was corrected during the visit. DCDEE Criminal Background Check (CBC) – Item #1805 **New and terminated staff notification requirement: To achieve compliance, the eleven (11) staff, as well as the legal operator, must be assigned to the child care facility in the ABCMS portal. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Medication Authorization Form – Item #847 *To achieve compliance, the parent must complete the medication authorization that is not for topical ointments. We discussed that administration of gas drops must be logged on a medication log as well. Expired Medication Authorizations for Children’s Medications – Item #849 *To achieve compliance, the medication must be sent home with the parent or discarded. We discussed when medication authorization forms expire, staff have seventy-two (72) hours to send the medication home or discard the medication. It is recommended to have a monthly audit of all medications to ensure medication authorization forms are current and not expired. Four Foot Fence for Playgrounds – Item #824 *To achieve compliance, the fence must be at minimum four feet in height around the entire perimeter of outdoor spaces #1 and #2. We discussed that the previously installed lattice that raised the height of the fence was not sturdy and had to be removed. Ms. Smith stated there may be additional poles added with chain link fencing added or large pieces of lattice that would be more stable. It is recommended to replace the fencing with a five foot fence to allow for settling and maintain the required four feet or higher. Ms. Smith stated that new fencing has been priced and it is not feasible to purchase new fencing at this time. Adequate Surfacing on the Playground – Item #1867 *To achieve compliance, the surfacing must be at least six (6) inches deep in all areas of the fall zone. We discussed it may be possible to rake some of the existing mulch from the spaces not included in the fall zone. Plan to include a regular check of mulch depth during monthly playground inspections. Menu Posted – Item #526 A current menu allows parents to know what their child will be offered during care. Any substitutions that are made must be written on the menu prior to serving the food to children. If a child had a reaction to a certain food, the menu would help identify the potential source. You posted the same menu that was posted in the kitchen in the entry hallway where it could be seen by parents. This was corrected during the visit. Planned Daily Gross Motor Activity - Item #523 *The daily gross motor activity was added to the activity plan in space #3 by the teacher during the visit. This was corrected during the visit. It is recommended to review with staff that a gross motor activity is required to daily and must be an activity that could be done indoors or outdoors. Rated License Assessment: New rated license rules went into effect on 7/1/25. We discussed the new rules and you the program assessment option. The program must maintain a 75% or higher compliance history score to be eligible for a 2-5 star rated license. We discussed you would be choosing the program assessment pathway and referred to the SECTION .3200 - STANDARDS FOR TWO THROUGH FIVE STAR RATED LICENSES. The following would be completed for the program assessment pathway based on star level met. *Enhanced staff/child ratios and/or enhanced space options. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators. *Evidence of implementing family and community engagement foundational practices. *Evidence of implementing continuous quality improvement plans for the facility and individual staff. *A structured self-study completed by the administrator and lead teacher(s) over three (3) consecutive months using the appropriate program assessment tool and additional resources located at https://ncrlap.org/Resources/, a written reflection of the self-assessment, including identification of goals for continuous quality improvement, and documentation of the structured self-study. *Environment Rating Scale (ERS) assessment using Early Childhood Environment Rating Scale, Third Edition (ECERS-3). *Evidence of implementing an approved curriculum with four-year old children. We further discussed there are resources on the ncrlap.org website to assist with the self study. An outreach assessment can be requested directly through the North Carolina Rated License Assessment Project (NCRLAP) and can be used for the self-study. The verification form for the self-study will be reviewed and collected by the child care consultant. It is the center operator’s responsibility to make sure each staff person has registered for a DCDEE 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. All staff must have education evaluated by DCDEE WORKS. Two (2) teachers need to establish DCDEE WORKS accounts; C.M. and N.F. The Initial Application for a Two Component Star Rated License is located on the Division’s website under provider forms and documents. All required components of the program assessment pathway are embedded in the rated license application. Curriculum: The curriculum implemented is Creative Curriculum 4th Edition, 2002. Resources: Southwestern Child Development Commission Child Care Resource and Referral - swcdcinc.org/ North Carolina Rated License Assessment Project (NCRLAP) – ncrlap.org North Carolina Health and Safety Resource Center – healthychildcare.unc.edu National Resource Center for Health and Safety in Child Care and Early Education – ncrkids.org Consultation: We discussed there are de-chokers in the classrooms that cannot be used with children in licensed child care. Basic first aid Heimlich or back thrusts would be used for a child who is choking. It is recommended to remove the de-chokers from the classrooms or train staff that the de-chokers would be for adults only. We discussed that any appliance with a heating element, including laminators, cannot be used in the classrooms. Laminators can be used in the staff lounge where they would not be accessible to children. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (e) All electrical appliances shall be used only in accordance with the manufacturer's instructions. For appliances with heating elements, such as bottle warmers, crock pots, irons, coffee pots, or curling irons, neither the appliance nor any cord shall be accessible to preschool-age children. After reviewing the safe sleep policy, the Division’s sample was adopted and you will need to review the check boxes and decide what you are doing to accurately reflect the policy then follow the child care rule below to notify parents. 10A NCAC 09 .0606 SAFE SLEEP PRACTICES (d) If a center amends its safe sleep policy, it shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The center shall retain the acknowledgement in the child's record as long as the child is enrolled at the center. Ms. Smith asked about teething necklaces. Adequate supervision is required for all children and for safety purposes, children should not wear necklaces while sleeping. We discussed that best practice is to create a policy for the parent handbook that states necklaces are not allowed to be worn at the child care facility and for the safety of the children. 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 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 monica.houck@dhhs.nc.gov or 828.243.2154, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

10A NCAC 09 .0304 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: SIDNEY MCCRORY Operation Type: Center Case Number: Visit Date: 12/4/2024 Number Present: 39 Completed Date: 12/4/2024 Age: From 0 To 5 Total Minutes: 210 Time In: 10:00 AM Time Out: 01:30 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, Sidney McCrory, Child Care Consultant and also signed by Missy Payne, Administrator, during the visit. A signed copy of the visit summary was left on-site for you. Today, Ms. Payne, Administrator, accompanied me. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-two (92) percentage as of 12/4/24. Permit type – Five Star Special Services/Restrictions – Daytime: Meets reduced ratios: Meets enhanced space. The last annual compliance visit was conducted on 12/14/24. The last fire drill was practiced on 11/14/24. The last shelter-in-place drill was practiced on 8/8/24. The last playground inspection was documented on 11/12/24. The last fire inspection was approved on 1/8/24. The last sanitation inspection was conducted on 9/17/24 with twenty-two (22) demerits for a approved classification. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. Upon arrival I introduced my presence to the Administrator. I observed the group with two- to three-year-old children engaged in center play activities. One (1) teacher was tearing paper with the children and discussing what they would create. The assistant teacher was engaged in the sensory table with three (3) children playing with noodles and measuring cups. Infants were having floor time and engaged with teachers while blowing bubbles. The one and two-year- old children were observed during diaper change while the other children chasing bubbles in the class. 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 violation was documented during today’s visit Violation Number Comment Rule 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. A shelter in place was last done on 8/8/24. It has been four months since the last Shelter in place. .0604(u);.0302(d)(8) The following violation was documented during today’s visit Technical assistance was provided as follows: Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. A shelter in Place has not been performed since 8/8/24. Set an alert in your phone or a quarterly reminder to help remember your shelter in place lockdown drill every three months. 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 12/18/24. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: Sidney.McCrory@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Sidney McCrory 172 Streamwood Circle Waynesville NC 28786 Please call me at 828.550.7655, or email Sidney.McCrory@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: We discussed staff changes that were happening due to maternity leave. You have been doing interviews for some new staff. We discussed how well your teachers did with interacting with the children in all five classrooms. We discussed that after sanitation did their inspection on 9/17/24 you quickly made needed changes. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at Sidney.McCrory@dhhs.nc.gov or 828.550.7655, 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: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: SIDNEY MCCRORY Operation Type: Center Case Number: Visit Date: 12/4/2024 Number Present: 39 Completed Date: 12/4/2024 Age: From 0 To 5 Total Minutes: 210 Time In: 10:00 AM Time Out: 01:30 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, Sidney McCrory, Child Care Consultant and also signed by Missy Payne, Administrator, during the visit. A signed copy of the visit summary was left on-site for you. Today, Ms. Payne, Administrator, accompanied me. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-two (92) percentage as of 12/4/24. Permit type – Five Star Special Services/Restrictions – Daytime: Meets reduced ratios: Meets enhanced space. The last annual compliance visit was conducted on 12/14/24. The last fire drill was practiced on 11/14/24. The last shelter-in-place drill was practiced on 8/8/24. The last playground inspection was documented on 11/12/24. The last fire inspection was approved on 1/8/24. The last sanitation inspection was conducted on 9/17/24 with twenty-two (22) demerits for a approved classification. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. Upon arrival I introduced my presence to the Administrator. I observed the group with two- to three-year-old children engaged in center play activities. One (1) teacher was tearing paper with the children and discussing what they would create. The assistant teacher was engaged in the sensory table with three (3) children playing with noodles and measuring cups. Infants were having floor time and engaged with teachers while blowing bubbles. The one and two-year- old children were observed during diaper change while the other children chasing bubbles in the class. 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 violation was documented during today’s visit Violation Number Comment Rule 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. A shelter in place was last done on 8/8/24. It has been four months since the last Shelter in place. .0604(u);.0302(d)(8) The following violation was documented during today’s visit Technical assistance was provided as follows: Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. A shelter in Place has not been performed since 8/8/24. Set an alert in your phone or a quarterly reminder to help remember your shelter in place lockdown drill every three months. 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 12/18/24. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: Sidney.McCrory@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Sidney McCrory 172 Streamwood Circle Waynesville NC 28786 Please call me at 828.550.7655, or email Sidney.McCrory@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: We discussed staff changes that were happening due to maternity leave. You have been doing interviews for some new staff. We discussed how well your teachers did with interacting with the children in all five classrooms. We discussed that after sanitation did their inspection on 9/17/24 you quickly made needed changes. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at Sidney.McCrory@dhhs.nc.gov or 828.550.7655, 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: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: SIDNEY MCCRORY Operation Type: Center Case Number: Visit Date: 12/4/2024 Number Present: 39 Completed Date: 12/4/2024 Age: From 0 To 5 Total Minutes: 210 Time In: 10:00 AM Time Out: 01:30 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, Sidney McCrory, Child Care Consultant and also signed by Missy Payne, Administrator, during the visit. A signed copy of the visit summary was left on-site for you. Today, Ms. Payne, Administrator, accompanied me. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-two (92) percentage as of 12/4/24. Permit type – Five Star Special Services/Restrictions – Daytime: Meets reduced ratios: Meets enhanced space. The last annual compliance visit was conducted on 12/14/24. The last fire drill was practiced on 11/14/24. The last shelter-in-place drill was practiced on 8/8/24. The last playground inspection was documented on 11/12/24. The last fire inspection was approved on 1/8/24. The last sanitation inspection was conducted on 9/17/24 with twenty-two (22) demerits for a approved classification. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. Upon arrival I introduced my presence to the Administrator. I observed the group with two- to three-year-old children engaged in center play activities. One (1) teacher was tearing paper with the children and discussing what they would create. The assistant teacher was engaged in the sensory table with three (3) children playing with noodles and measuring cups. Infants were having floor time and engaged with teachers while blowing bubbles. The one and two-year- old children were observed during diaper change while the other children chasing bubbles in the class. 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 violation was documented during today’s visit Violation Number Comment Rule 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. A shelter in place was last done on 8/8/24. It has been four months since the last Shelter in place. .0604(u);.0302(d)(8) The following violation was documented during today’s visit Technical assistance was provided as follows: Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. A shelter in Place has not been performed since 8/8/24. Set an alert in your phone or a quarterly reminder to help remember your shelter in place lockdown drill every three months. 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 12/18/24. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: Sidney.McCrory@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Sidney McCrory 172 Streamwood Circle Waynesville NC 28786 Please call me at 828.550.7655, or email Sidney.McCrory@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: We discussed staff changes that were happening due to maternity leave. You have been doing interviews for some new staff. We discussed how well your teachers did with interacting with the children in all five classrooms. We discussed that after sanitation did their inspection on 9/17/24 you quickly made needed changes. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at Sidney.McCrory@dhhs.nc.gov or 828.550.7655, 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: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: SIDNEY MCCRORY Operation Type: Center Case Number: Visit Date: 12/4/2024 Number Present: 39 Completed Date: 12/4/2024 Age: From 0 To 5 Total Minutes: 210 Time In: 10:00 AM Time Out: 01:30 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, Sidney McCrory, Child Care Consultant and also signed by Missy Payne, Administrator, during the visit. A signed copy of the visit summary was left on-site for you. Today, Ms. Payne, Administrator, accompanied me. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-two (92) percentage as of 12/4/24. Permit type – Five Star Special Services/Restrictions – Daytime: Meets reduced ratios: Meets enhanced space. The last annual compliance visit was conducted on 12/14/24. The last fire drill was practiced on 11/14/24. The last shelter-in-place drill was practiced on 8/8/24. The last playground inspection was documented on 11/12/24. The last fire inspection was approved on 1/8/24. The last sanitation inspection was conducted on 9/17/24 with twenty-two (22) demerits for a approved classification. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. Upon arrival I introduced my presence to the Administrator. I observed the group with two- to three-year-old children engaged in center play activities. One (1) teacher was tearing paper with the children and discussing what they would create. The assistant teacher was engaged in the sensory table with three (3) children playing with noodles and measuring cups. Infants were having floor time and engaged with teachers while blowing bubbles. The one and two-year- old children were observed during diaper change while the other children chasing bubbles in the class. 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 violation was documented during today’s visit Violation Number Comment Rule 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. A shelter in place was last done on 8/8/24. It has been four months since the last Shelter in place. .0604(u);.0302(d)(8) The following violation was documented during today’s visit Technical assistance was provided as follows: Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. A shelter in Place has not been performed since 8/8/24. Set an alert in your phone or a quarterly reminder to help remember your shelter in place lockdown drill every three months. 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 12/18/24. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: Sidney.McCrory@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Sidney McCrory 172 Streamwood Circle Waynesville NC 28786 Please call me at 828.550.7655, or email Sidney.McCrory@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: We discussed staff changes that were happening due to maternity leave. You have been doing interviews for some new staff. We discussed how well your teachers did with interacting with the children in all five classrooms. We discussed that after sanitation did their inspection on 9/17/24 you quickly made needed changes. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at Sidney.McCrory@dhhs.nc.gov or 828.550.7655, 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: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: SIDNEY MCCRORY Operation Type: Center Case Number: Visit Date: 12/4/2024 Number Present: 39 Completed Date: 12/4/2024 Age: From 0 To 5 Total Minutes: 210 Time In: 10:00 AM Time Out: 01:30 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, Sidney McCrory, Child Care Consultant and also signed by Missy Payne, Administrator, during the visit. A signed copy of the visit summary was left on-site for you. Today, Ms. Payne, Administrator, accompanied me. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was ninety-two (92) percentage as of 12/4/24. Permit type – Five Star Special Services/Restrictions – Daytime: Meets reduced ratios: Meets enhanced space. The last annual compliance visit was conducted on 12/14/24. The last fire drill was practiced on 11/14/24. The last shelter-in-place drill was practiced on 8/8/24. The last playground inspection was documented on 11/12/24. The last fire inspection was approved on 1/8/24. The last sanitation inspection was conducted on 9/17/24 with twenty-two (22) demerits for a approved classification. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. Upon arrival I introduced my presence to the Administrator. I observed the group with two- to three-year-old children engaged in center play activities. One (1) teacher was tearing paper with the children and discussing what they would create. The assistant teacher was engaged in the sensory table with three (3) children playing with noodles and measuring cups. Infants were having floor time and engaged with teachers while blowing bubbles. The one and two-year- old children were observed during diaper change while the other children chasing bubbles in the class. 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 violation was documented during today’s visit Violation Number Comment Rule 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. A shelter in place was last done on 8/8/24. It has been four months since the last Shelter in place. .0604(u);.0302(d)(8) The following violation was documented during today’s visit Technical assistance was provided as follows: Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. A shelter in Place has not been performed since 8/8/24. Set an alert in your phone or a quarterly reminder to help remember your shelter in place lockdown drill every three months. 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 12/18/24. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: Sidney.McCrory@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Sidney McCrory 172 Streamwood Circle Waynesville NC 28786 Please call me at 828.550.7655, or email Sidney.McCrory@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: We discussed staff changes that were happening due to maternity leave. You have been doing interviews for some new staff. We discussed how well your teachers did with interacting with the children in all five classrooms. We discussed that after sanitation did their inspection on 9/17/24 you quickly made needed changes. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at Sidney.McCrory@dhhs.nc.gov or 828.550.7655, 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 .0102 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 4/2/2024 Number Present: 45 Completed Date: 4/2/2024 Age: From 0 To 5 Total Minutes: 165 Time In: 10:15 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of the third temporary time period visit at this program was to conduct limited monitoring of child care requirements and review the Environment Rating Scale assessment scores for the prep year. Chassidy “Missy” Payne, Interim Director, was on-site and available to answer and ask questions. The visit summary was reviewed with you, printed, signed, a copy left with you. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as active-current. If any changes to the organization need to be made, 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 3/8/24. The last shelter-in-place drill was practiced 2/20/24. The last monthly playground inspection was documented on 3/19/24. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior classification. An approved fire inspection was completed on 1/8/24. An approved building inspection was conducted on 10/30/24. Revisions were made by the building inspector on 3/25/24. There are two (2) dates missing from the building inspection for the electrical system and heating/air system. The building inspector was contacted and is allowing the dates from 6/21/04 to be used. The original building inspection was collected today. A zoning letter dated 3/6/24 is on file. Administrative, operational, and personnel policies were submitted and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 12/12/23. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during routine care, free play, transition time, and outdoor play. There were no new staff. One (1) volunteer was on-site. One (1) therapist was on-site. Ms. Payne would like to take the option to transition to a star-rated license based on the previous ownership’s star-rated license points. Based on the change of ownership, the facility would be included in Cohort 1. We discussed the resources available during the 2024-25 assessment year. Plan to visit the North Carolina Rated License Assessment Project (NCRLAP) website, ncrlap.org, for additional information, webinars, and resources. 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: Violation Number Comment Rule 705 Equipment and furnishings were not sturdy, stable and free of hazards. A small, plastic tunnel on outdoor space #2 was cracked and broken on the side, exposing sharp edges. .0601(c) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1 had mulch that measured between 4-5 inches instead of the required 6 inches at the exits of all three slides of the climbing structure. Outdoor space #2 had mulch that measured 5 inches instead of the required 6 inches at the exit of one of three slides. .0605(k)(1-4) Technical assistance for correction plan: Outdoor Surfacing – Corrected During the Visit Excess mulch was raked from under and around the climbing structure to the exits of the slides to allow for at least 6 inches of mulch. We discussed to rake the mulch frequently to be sure fall zones are met for the equipment. It is recommended to replenish mulch as well. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (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; Outdoor Equipment – Corrected During the Visit The small tunnel was moved to the outside of the fenced area to make inaccessible to children. We discussed to have staff remove broken equipment from the play areas as needed and to report any broken equipment to management. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. (d) Staff of the center shall immediately remove all equipment and furnishings that do not meet the requirements of Paragraphs (b) and (c) of this Rule from the premises or make the equipment or furnishings inaccessible to the children. 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 for the facility prior to the visit today was 90%. 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 is recommended to be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Pre-service requirements must be met for all positions. The facility will use the seven (7) points for staff education based on the previous ownership. Program Standards: The average score for the ECERS-R conducted on 3/6/2024 is 5.53 points. The average score for the ITERS-R conducted on 3/5/2024 is 5.52 points. According to the program requirements for the NC Star Rated License: The overall average score (across 2 assessments) is 5.53 points. The lowest classroom score is at least 5.0. For official assessments and reassessments this information will be used by the DCDEE to determine the number of points your program will earn in the Program Standards component of your star rated license. For cohort model programs during the Preparation Year, it is your choice whether the scores will apply to your license or if program planning and enhancement followed by another assessment with official scores is preferred. The facility will use the seven (7) points for program standards based on the previous ownership. The facility will be included in Cohort 1 to resume the next rated license cycle. We discussed resources available during the visit today. The facility is required to meet enhanced space and highest voluntary enhanced (reduced) staff/child ratios. 10A NCAC 09 .2809 ENHANCED SPACE REQUIREMENTS (a) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time. (b) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .2818 ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (c) To earn seven points for program standards, the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 0 to 12 Months 1/4 8 1 to 2 Years 1/5 10 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 6 Years and Older 1/19 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The curriculum being implemented is The Creative Curriculum® for Preschool, 4th Edition Teaching Strategies, Inc., 2002 10A NCAC 09 .2802 APPLICATION FOR A TWO THROUGH FIVE STAR RATED LICENSE (d) Facilities with a four or five-star rated license that are licensed to serve four-year-old children shall implement a curriculum as defined in 10A NCAC 09 .0102(10) with their four year olds. The centers rated license assessment is due once every three years based on the date of the completed Environment Rating Scale scores, if applicable. During the three-year reassessment, the center’s program standards, staff education and a quality point option are determined to award the center’s star level. It is the center operator’s responsibility to maintain the same point level under each component at all times. If changes occur that may affect your rated license, please notify your licensing consultant to inform her of the changes and discuss a plan of action to maintain the center’s star rating. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a) A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. 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. Rated License Consultation and Review of Environment Rating Scale assessment report: ECERS-R Summary Report Scores Under Three (3) Points Item #5 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that the alone space is a space limited to one child. However, the alone space was a wooden cube with solid sides. Children inside could not be seen unless a teacher was positioned directly in front of the opening to the wooden cube.” This is a potential licensing violation. There was no indication on the report staff could not hear or see the children. The cozy cube was removed from the classroom. Adequate supervision was observed during the visit today. It is recommended to review the child care requirements below with staff regarding supervision. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #7 scored two (2) points. Indicator 3.2 was not met. Item #14 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “It was reported that this group uses the playground with the multi colored complex climber. The mulch measured 4-5 inches in depth at the exit points of the slides, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” “There were no safety concerns indoors. Outdoors the safety concern mentioned in item 7 applies here as well.” This is a licensing violation. Refer to item #1867. ITERS-R Summary Report Scores Under Three (3) Points Item #6 scored two (2) points. Indicator 3.3 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that parents stop at the classroom door when they arrive with their children. She further clarified that parents do not enter the classroom during drop off.” We discussed that parents can come in the classroom and typically the parents choose not to. 10A NCAC 09 .0205 ACCESS TO CHILD CARE CENTER (a) The parent of a child enrolled in a child care center shall be allowed access to the center during its operating hours for the purposes of contacting the child or evaluating caregiving space at the center and the care provided by the center for the child. The parent shall notify the on-site administrator of his or her presence upon entering the premises. Item #7 scored two (2) points. Indicator 3.4 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Towards the end of breakfast as some children remained at the table eating, the one teacher in the classroom assisted other children washing their hands at the sink. At the start of lunch as a child sat at the table eating, a teacher and staff member stood at the sink and assisted children washing their hands while another staff member walked to the meal cart in the hallway. Because the teacher and staff members engaged in other activities away from the table as the children ate, credit could not be earned.” This is a potential licensing violation. Per observations today, the teacher was not involved in a task activity and adequate supervision was provided. When children are eating, supervision rules require that staff must be able to see and hear children. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “All five children present wore diapers. One child left approximately 1 hour after the observation began and diaper changes occurred within the required 2 hour time frame for three remaining children. The observed increment of time a child did not receive a diaper check/change was 2 hours and 36 minutes.” This is a potential licensing violation. We discussed to review when diapers should be changed with staff. 10A NCAC 09 .0806 TOILETING, CLOTHING AND LINENS (a) Diapers shall be changed whenever they become soiled or wet and not on a shift basis. Item #10 scored two (2) points. Indicator 3.1 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Although some mouthed toys were removed, there were several additional mouthed items that were not removed before being used by another child. Some of these included pretend food, cups, sensory bottles, and a bean bag.” This is a potential sanitation violation. We discussed to review the sanitation rule below with staff. 15A NCAC 18A .2822 TOYS, EQUIPMENT AND FURNITURE (a) Toys, equipment, and furniture provided by a child care center shall be kept clean and in good repair. In rooms designated for children who are not toilet trained, toys and other mouth-contact surfaces that are used by children shall be cleaned and then sanitized after each use and when visibly dirty. Toys and other mouth-contact surfaces shall be cleaned and sanitized as follows: (1) the items shall be scrubbed in warm, soapy water, using a brush to reach into any crevices; (2) the items shall be rinsed in clean water; (3) the items shall be submerged in a sanitizing solution for at least two minutes or in accordance with the instructions on the label of the sanitizing solution; and (4) the items shall be air dried. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Indoors, the edge to the diaper changing table measured 4 inches high, rather than at least 6 inches. A teacher sprayed the diaper changing table with disinfectant as she held a child in her arms. The mist from the disinfectant is a potential eye/lung irritant for children. A staff member lifted a child off the top step of the stool at the sink by his wrists. Lifting young children in this manner puts them at risk for joint injury. The teacher reported that on days this group does not go outdoors, the use the climber inside. This climber was placed on a tile floor, rather than a soft surface. Outdoors, this group used the playground with the climber with three yellow slides. The mulch measured 2 inches in depth at the exit of the tube slide and 5 inches in depth at the exit of the wide slide, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” This is a potential licensing violation. Review safe handling of children with staff. This is a licensing violation. Refer to violation item #1867. This is a potential sanitation violation. The sanitation rules must be followed for use of chemicals according to the manufacturer instructions. We discussed to review the use of chemicals with teachers. 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. We discussed to refer to the manufacturer’s instructions for the indoor climber if available. Any fall zone requirements must be met. The equipment must also be age and developmentally appropriate for the children using the equipment. Ms. Payne stated she may look for matting to place around the indoor structure. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (b) All equipment and furnishings shall be in good repair. All commercially manufactured equipment and furnishings shall be assembled and installed according to procedures specified by the manufacturer. For equipment and furnishings purchased after September 1, 2017, that include instructions from the manufacturer, those manufacturer's instructions shall be kept on file at the center, unless they are available electronically for review. Consultation: We discussed the pre-service requirements for administrators form is required to reflect an active administrator prior to the child care facility transitioning to a rated license. We discussed the annual fire inspection is due on or before 1/8/25. You will need to contact the local Fire Marshal for the annual inspection. The original approved inspection must be mailed to the child care consultant within one week. Reminder that the Fire Marshal must also monitor the auxiliary spaces. 10A NCAC 09 .0304 ON-GOING REQUIREMENTS FOR A LICENSE (a) 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. We discussed that the EPR and the EMC plans will be reviewed with all staff at the April 2024 staff meeting. During a future visit, it may be requested by the child care consultant to observe a fire drill, shelter-in-place drill, or lockdown drill. After the rated license is processed, Sidney McCrory will be assigned as your child care consultant. You may reach Ms. McCrory at sidney.mccrory@dhhs.nc.gov or 828.550.7655. 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. 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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 .0205 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 4/2/2024 Number Present: 45 Completed Date: 4/2/2024 Age: From 0 To 5 Total Minutes: 165 Time In: 10:15 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of the third temporary time period visit at this program was to conduct limited monitoring of child care requirements and review the Environment Rating Scale assessment scores for the prep year. Chassidy “Missy” Payne, Interim Director, was on-site and available to answer and ask questions. The visit summary was reviewed with you, printed, signed, a copy left with you. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as active-current. If any changes to the organization need to be made, 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 3/8/24. The last shelter-in-place drill was practiced 2/20/24. The last monthly playground inspection was documented on 3/19/24. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior classification. An approved fire inspection was completed on 1/8/24. An approved building inspection was conducted on 10/30/24. Revisions were made by the building inspector on 3/25/24. There are two (2) dates missing from the building inspection for the electrical system and heating/air system. The building inspector was contacted and is allowing the dates from 6/21/04 to be used. The original building inspection was collected today. A zoning letter dated 3/6/24 is on file. Administrative, operational, and personnel policies were submitted and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 12/12/23. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during routine care, free play, transition time, and outdoor play. There were no new staff. One (1) volunteer was on-site. One (1) therapist was on-site. Ms. Payne would like to take the option to transition to a star-rated license based on the previous ownership’s star-rated license points. Based on the change of ownership, the facility would be included in Cohort 1. We discussed the resources available during the 2024-25 assessment year. Plan to visit the North Carolina Rated License Assessment Project (NCRLAP) website, ncrlap.org, for additional information, webinars, and resources. 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: Violation Number Comment Rule 705 Equipment and furnishings were not sturdy, stable and free of hazards. A small, plastic tunnel on outdoor space #2 was cracked and broken on the side, exposing sharp edges. .0601(c) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1 had mulch that measured between 4-5 inches instead of the required 6 inches at the exits of all three slides of the climbing structure. Outdoor space #2 had mulch that measured 5 inches instead of the required 6 inches at the exit of one of three slides. .0605(k)(1-4) Technical assistance for correction plan: Outdoor Surfacing – Corrected During the Visit Excess mulch was raked from under and around the climbing structure to the exits of the slides to allow for at least 6 inches of mulch. We discussed to rake the mulch frequently to be sure fall zones are met for the equipment. It is recommended to replenish mulch as well. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (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; Outdoor Equipment – Corrected During the Visit The small tunnel was moved to the outside of the fenced area to make inaccessible to children. We discussed to have staff remove broken equipment from the play areas as needed and to report any broken equipment to management. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. (d) Staff of the center shall immediately remove all equipment and furnishings that do not meet the requirements of Paragraphs (b) and (c) of this Rule from the premises or make the equipment or furnishings inaccessible to the children. 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 for the facility prior to the visit today was 90%. 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 is recommended to be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Pre-service requirements must be met for all positions. The facility will use the seven (7) points for staff education based on the previous ownership. Program Standards: The average score for the ECERS-R conducted on 3/6/2024 is 5.53 points. The average score for the ITERS-R conducted on 3/5/2024 is 5.52 points. According to the program requirements for the NC Star Rated License: The overall average score (across 2 assessments) is 5.53 points. The lowest classroom score is at least 5.0. For official assessments and reassessments this information will be used by the DCDEE to determine the number of points your program will earn in the Program Standards component of your star rated license. For cohort model programs during the Preparation Year, it is your choice whether the scores will apply to your license or if program planning and enhancement followed by another assessment with official scores is preferred. The facility will use the seven (7) points for program standards based on the previous ownership. The facility will be included in Cohort 1 to resume the next rated license cycle. We discussed resources available during the visit today. The facility is required to meet enhanced space and highest voluntary enhanced (reduced) staff/child ratios. 10A NCAC 09 .2809 ENHANCED SPACE REQUIREMENTS (a) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time. (b) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .2818 ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (c) To earn seven points for program standards, the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 0 to 12 Months 1/4 8 1 to 2 Years 1/5 10 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 6 Years and Older 1/19 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The curriculum being implemented is The Creative Curriculum® for Preschool, 4th Edition Teaching Strategies, Inc., 2002 10A NCAC 09 .2802 APPLICATION FOR A TWO THROUGH FIVE STAR RATED LICENSE (d) Facilities with a four or five-star rated license that are licensed to serve four-year-old children shall implement a curriculum as defined in 10A NCAC 09 .0102(10) with their four year olds. The centers rated license assessment is due once every three years based on the date of the completed Environment Rating Scale scores, if applicable. During the three-year reassessment, the center’s program standards, staff education and a quality point option are determined to award the center’s star level. It is the center operator’s responsibility to maintain the same point level under each component at all times. If changes occur that may affect your rated license, please notify your licensing consultant to inform her of the changes and discuss a plan of action to maintain the center’s star rating. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a) A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. 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. Rated License Consultation and Review of Environment Rating Scale assessment report: ECERS-R Summary Report Scores Under Three (3) Points Item #5 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that the alone space is a space limited to one child. However, the alone space was a wooden cube with solid sides. Children inside could not be seen unless a teacher was positioned directly in front of the opening to the wooden cube.” This is a potential licensing violation. There was no indication on the report staff could not hear or see the children. The cozy cube was removed from the classroom. Adequate supervision was observed during the visit today. It is recommended to review the child care requirements below with staff regarding supervision. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #7 scored two (2) points. Indicator 3.2 was not met. Item #14 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “It was reported that this group uses the playground with the multi colored complex climber. The mulch measured 4-5 inches in depth at the exit points of the slides, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” “There were no safety concerns indoors. Outdoors the safety concern mentioned in item 7 applies here as well.” This is a licensing violation. Refer to item #1867. ITERS-R Summary Report Scores Under Three (3) Points Item #6 scored two (2) points. Indicator 3.3 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that parents stop at the classroom door when they arrive with their children. She further clarified that parents do not enter the classroom during drop off.” We discussed that parents can come in the classroom and typically the parents choose not to. 10A NCAC 09 .0205 ACCESS TO CHILD CARE CENTER (a) The parent of a child enrolled in a child care center shall be allowed access to the center during its operating hours for the purposes of contacting the child or evaluating caregiving space at the center and the care provided by the center for the child. The parent shall notify the on-site administrator of his or her presence upon entering the premises. Item #7 scored two (2) points. Indicator 3.4 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Towards the end of breakfast as some children remained at the table eating, the one teacher in the classroom assisted other children washing their hands at the sink. At the start of lunch as a child sat at the table eating, a teacher and staff member stood at the sink and assisted children washing their hands while another staff member walked to the meal cart in the hallway. Because the teacher and staff members engaged in other activities away from the table as the children ate, credit could not be earned.” This is a potential licensing violation. Per observations today, the teacher was not involved in a task activity and adequate supervision was provided. When children are eating, supervision rules require that staff must be able to see and hear children. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “All five children present wore diapers. One child left approximately 1 hour after the observation began and diaper changes occurred within the required 2 hour time frame for three remaining children. The observed increment of time a child did not receive a diaper check/change was 2 hours and 36 minutes.” This is a potential licensing violation. We discussed to review when diapers should be changed with staff. 10A NCAC 09 .0806 TOILETING, CLOTHING AND LINENS (a) Diapers shall be changed whenever they become soiled or wet and not on a shift basis. Item #10 scored two (2) points. Indicator 3.1 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Although some mouthed toys were removed, there were several additional mouthed items that were not removed before being used by another child. Some of these included pretend food, cups, sensory bottles, and a bean bag.” This is a potential sanitation violation. We discussed to review the sanitation rule below with staff. 15A NCAC 18A .2822 TOYS, EQUIPMENT AND FURNITURE (a) Toys, equipment, and furniture provided by a child care center shall be kept clean and in good repair. In rooms designated for children who are not toilet trained, toys and other mouth-contact surfaces that are used by children shall be cleaned and then sanitized after each use and when visibly dirty. Toys and other mouth-contact surfaces shall be cleaned and sanitized as follows: (1) the items shall be scrubbed in warm, soapy water, using a brush to reach into any crevices; (2) the items shall be rinsed in clean water; (3) the items shall be submerged in a sanitizing solution for at least two minutes or in accordance with the instructions on the label of the sanitizing solution; and (4) the items shall be air dried. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Indoors, the edge to the diaper changing table measured 4 inches high, rather than at least 6 inches. A teacher sprayed the diaper changing table with disinfectant as she held a child in her arms. The mist from the disinfectant is a potential eye/lung irritant for children. A staff member lifted a child off the top step of the stool at the sink by his wrists. Lifting young children in this manner puts them at risk for joint injury. The teacher reported that on days this group does not go outdoors, the use the climber inside. This climber was placed on a tile floor, rather than a soft surface. Outdoors, this group used the playground with the climber with three yellow slides. The mulch measured 2 inches in depth at the exit of the tube slide and 5 inches in depth at the exit of the wide slide, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” This is a potential licensing violation. Review safe handling of children with staff. This is a licensing violation. Refer to violation item #1867. This is a potential sanitation violation. The sanitation rules must be followed for use of chemicals according to the manufacturer instructions. We discussed to review the use of chemicals with teachers. 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. We discussed to refer to the manufacturer’s instructions for the indoor climber if available. Any fall zone requirements must be met. The equipment must also be age and developmentally appropriate for the children using the equipment. Ms. Payne stated she may look for matting to place around the indoor structure. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (b) All equipment and furnishings shall be in good repair. All commercially manufactured equipment and furnishings shall be assembled and installed according to procedures specified by the manufacturer. For equipment and furnishings purchased after September 1, 2017, that include instructions from the manufacturer, those manufacturer's instructions shall be kept on file at the center, unless they are available electronically for review. Consultation: We discussed the pre-service requirements for administrators form is required to reflect an active administrator prior to the child care facility transitioning to a rated license. We discussed the annual fire inspection is due on or before 1/8/25. You will need to contact the local Fire Marshal for the annual inspection. The original approved inspection must be mailed to the child care consultant within one week. Reminder that the Fire Marshal must also monitor the auxiliary spaces. 10A NCAC 09 .0304 ON-GOING REQUIREMENTS FOR A LICENSE (a) 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. We discussed that the EPR and the EMC plans will be reviewed with all staff at the April 2024 staff meeting. During a future visit, it may be requested by the child care consultant to observe a fire drill, shelter-in-place drill, or lockdown drill. After the rated license is processed, Sidney McCrory will be assigned as your child care consultant. You may reach Ms. McCrory at sidney.mccrory@dhhs.nc.gov or 828.550.7655. 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. 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 monica.houck@dhhs.nc.gov or 828.243.2154, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

10A NCAC 09 .0304 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 4/2/2024 Number Present: 45 Completed Date: 4/2/2024 Age: From 0 To 5 Total Minutes: 165 Time In: 10:15 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of the third temporary time period visit at this program was to conduct limited monitoring of child care requirements and review the Environment Rating Scale assessment scores for the prep year. Chassidy “Missy” Payne, Interim Director, was on-site and available to answer and ask questions. The visit summary was reviewed with you, printed, signed, a copy left with you. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as active-current. If any changes to the organization need to be made, 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 3/8/24. The last shelter-in-place drill was practiced 2/20/24. The last monthly playground inspection was documented on 3/19/24. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior classification. An approved fire inspection was completed on 1/8/24. An approved building inspection was conducted on 10/30/24. Revisions were made by the building inspector on 3/25/24. There are two (2) dates missing from the building inspection for the electrical system and heating/air system. The building inspector was contacted and is allowing the dates from 6/21/04 to be used. The original building inspection was collected today. A zoning letter dated 3/6/24 is on file. Administrative, operational, and personnel policies were submitted and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 12/12/23. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during routine care, free play, transition time, and outdoor play. There were no new staff. One (1) volunteer was on-site. One (1) therapist was on-site. Ms. Payne would like to take the option to transition to a star-rated license based on the previous ownership’s star-rated license points. Based on the change of ownership, the facility would be included in Cohort 1. We discussed the resources available during the 2024-25 assessment year. Plan to visit the North Carolina Rated License Assessment Project (NCRLAP) website, ncrlap.org, for additional information, webinars, and resources. 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: Violation Number Comment Rule 705 Equipment and furnishings were not sturdy, stable and free of hazards. A small, plastic tunnel on outdoor space #2 was cracked and broken on the side, exposing sharp edges. .0601(c) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1 had mulch that measured between 4-5 inches instead of the required 6 inches at the exits of all three slides of the climbing structure. Outdoor space #2 had mulch that measured 5 inches instead of the required 6 inches at the exit of one of three slides. .0605(k)(1-4) Technical assistance for correction plan: Outdoor Surfacing – Corrected During the Visit Excess mulch was raked from under and around the climbing structure to the exits of the slides to allow for at least 6 inches of mulch. We discussed to rake the mulch frequently to be sure fall zones are met for the equipment. It is recommended to replenish mulch as well. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (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; Outdoor Equipment – Corrected During the Visit The small tunnel was moved to the outside of the fenced area to make inaccessible to children. We discussed to have staff remove broken equipment from the play areas as needed and to report any broken equipment to management. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. (d) Staff of the center shall immediately remove all equipment and furnishings that do not meet the requirements of Paragraphs (b) and (c) of this Rule from the premises or make the equipment or furnishings inaccessible to the children. 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 for the facility prior to the visit today was 90%. 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 is recommended to be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Pre-service requirements must be met for all positions. The facility will use the seven (7) points for staff education based on the previous ownership. Program Standards: The average score for the ECERS-R conducted on 3/6/2024 is 5.53 points. The average score for the ITERS-R conducted on 3/5/2024 is 5.52 points. According to the program requirements for the NC Star Rated License: The overall average score (across 2 assessments) is 5.53 points. The lowest classroom score is at least 5.0. For official assessments and reassessments this information will be used by the DCDEE to determine the number of points your program will earn in the Program Standards component of your star rated license. For cohort model programs during the Preparation Year, it is your choice whether the scores will apply to your license or if program planning and enhancement followed by another assessment with official scores is preferred. The facility will use the seven (7) points for program standards based on the previous ownership. The facility will be included in Cohort 1 to resume the next rated license cycle. We discussed resources available during the visit today. The facility is required to meet enhanced space and highest voluntary enhanced (reduced) staff/child ratios. 10A NCAC 09 .2809 ENHANCED SPACE REQUIREMENTS (a) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time. (b) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .2818 ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (c) To earn seven points for program standards, the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 0 to 12 Months 1/4 8 1 to 2 Years 1/5 10 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 6 Years and Older 1/19 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The curriculum being implemented is The Creative Curriculum® for Preschool, 4th Edition Teaching Strategies, Inc., 2002 10A NCAC 09 .2802 APPLICATION FOR A TWO THROUGH FIVE STAR RATED LICENSE (d) Facilities with a four or five-star rated license that are licensed to serve four-year-old children shall implement a curriculum as defined in 10A NCAC 09 .0102(10) with their four year olds. The centers rated license assessment is due once every three years based on the date of the completed Environment Rating Scale scores, if applicable. During the three-year reassessment, the center’s program standards, staff education and a quality point option are determined to award the center’s star level. It is the center operator’s responsibility to maintain the same point level under each component at all times. If changes occur that may affect your rated license, please notify your licensing consultant to inform her of the changes and discuss a plan of action to maintain the center’s star rating. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a) A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. 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. Rated License Consultation and Review of Environment Rating Scale assessment report: ECERS-R Summary Report Scores Under Three (3) Points Item #5 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that the alone space is a space limited to one child. However, the alone space was a wooden cube with solid sides. Children inside could not be seen unless a teacher was positioned directly in front of the opening to the wooden cube.” This is a potential licensing violation. There was no indication on the report staff could not hear or see the children. The cozy cube was removed from the classroom. Adequate supervision was observed during the visit today. It is recommended to review the child care requirements below with staff regarding supervision. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #7 scored two (2) points. Indicator 3.2 was not met. Item #14 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “It was reported that this group uses the playground with the multi colored complex climber. The mulch measured 4-5 inches in depth at the exit points of the slides, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” “There were no safety concerns indoors. Outdoors the safety concern mentioned in item 7 applies here as well.” This is a licensing violation. Refer to item #1867. ITERS-R Summary Report Scores Under Three (3) Points Item #6 scored two (2) points. Indicator 3.3 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that parents stop at the classroom door when they arrive with their children. She further clarified that parents do not enter the classroom during drop off.” We discussed that parents can come in the classroom and typically the parents choose not to. 10A NCAC 09 .0205 ACCESS TO CHILD CARE CENTER (a) The parent of a child enrolled in a child care center shall be allowed access to the center during its operating hours for the purposes of contacting the child or evaluating caregiving space at the center and the care provided by the center for the child. The parent shall notify the on-site administrator of his or her presence upon entering the premises. Item #7 scored two (2) points. Indicator 3.4 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Towards the end of breakfast as some children remained at the table eating, the one teacher in the classroom assisted other children washing their hands at the sink. At the start of lunch as a child sat at the table eating, a teacher and staff member stood at the sink and assisted children washing their hands while another staff member walked to the meal cart in the hallway. Because the teacher and staff members engaged in other activities away from the table as the children ate, credit could not be earned.” This is a potential licensing violation. Per observations today, the teacher was not involved in a task activity and adequate supervision was provided. When children are eating, supervision rules require that staff must be able to see and hear children. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “All five children present wore diapers. One child left approximately 1 hour after the observation began and diaper changes occurred within the required 2 hour time frame for three remaining children. The observed increment of time a child did not receive a diaper check/change was 2 hours and 36 minutes.” This is a potential licensing violation. We discussed to review when diapers should be changed with staff. 10A NCAC 09 .0806 TOILETING, CLOTHING AND LINENS (a) Diapers shall be changed whenever they become soiled or wet and not on a shift basis. Item #10 scored two (2) points. Indicator 3.1 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Although some mouthed toys were removed, there were several additional mouthed items that were not removed before being used by another child. Some of these included pretend food, cups, sensory bottles, and a bean bag.” This is a potential sanitation violation. We discussed to review the sanitation rule below with staff. 15A NCAC 18A .2822 TOYS, EQUIPMENT AND FURNITURE (a) Toys, equipment, and furniture provided by a child care center shall be kept clean and in good repair. In rooms designated for children who are not toilet trained, toys and other mouth-contact surfaces that are used by children shall be cleaned and then sanitized after each use and when visibly dirty. Toys and other mouth-contact surfaces shall be cleaned and sanitized as follows: (1) the items shall be scrubbed in warm, soapy water, using a brush to reach into any crevices; (2) the items shall be rinsed in clean water; (3) the items shall be submerged in a sanitizing solution for at least two minutes or in accordance with the instructions on the label of the sanitizing solution; and (4) the items shall be air dried. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Indoors, the edge to the diaper changing table measured 4 inches high, rather than at least 6 inches. A teacher sprayed the diaper changing table with disinfectant as she held a child in her arms. The mist from the disinfectant is a potential eye/lung irritant for children. A staff member lifted a child off the top step of the stool at the sink by his wrists. Lifting young children in this manner puts them at risk for joint injury. The teacher reported that on days this group does not go outdoors, the use the climber inside. This climber was placed on a tile floor, rather than a soft surface. Outdoors, this group used the playground with the climber with three yellow slides. The mulch measured 2 inches in depth at the exit of the tube slide and 5 inches in depth at the exit of the wide slide, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” This is a potential licensing violation. Review safe handling of children with staff. This is a licensing violation. Refer to violation item #1867. This is a potential sanitation violation. The sanitation rules must be followed for use of chemicals according to the manufacturer instructions. We discussed to review the use of chemicals with teachers. 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. We discussed to refer to the manufacturer’s instructions for the indoor climber if available. Any fall zone requirements must be met. The equipment must also be age and developmentally appropriate for the children using the equipment. Ms. Payne stated she may look for matting to place around the indoor structure. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (b) All equipment and furnishings shall be in good repair. All commercially manufactured equipment and furnishings shall be assembled and installed according to procedures specified by the manufacturer. For equipment and furnishings purchased after September 1, 2017, that include instructions from the manufacturer, those manufacturer's instructions shall be kept on file at the center, unless they are available electronically for review. Consultation: We discussed the pre-service requirements for administrators form is required to reflect an active administrator prior to the child care facility transitioning to a rated license. We discussed the annual fire inspection is due on or before 1/8/25. You will need to contact the local Fire Marshal for the annual inspection. The original approved inspection must be mailed to the child care consultant within one week. Reminder that the Fire Marshal must also monitor the auxiliary spaces. 10A NCAC 09 .0304 ON-GOING REQUIREMENTS FOR A LICENSE (a) 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. We discussed that the EPR and the EMC plans will be reviewed with all staff at the April 2024 staff meeting. During a future visit, it may be requested by the child care consultant to observe a fire drill, shelter-in-place drill, or lockdown drill. After the rated license is processed, Sidney McCrory will be assigned as your child care consultant. You may reach Ms. McCrory at sidney.mccrory@dhhs.nc.gov or 828.550.7655. 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. 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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 .0601 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 4/2/2024 Number Present: 45 Completed Date: 4/2/2024 Age: From 0 To 5 Total Minutes: 165 Time In: 10:15 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of the third temporary time period visit at this program was to conduct limited monitoring of child care requirements and review the Environment Rating Scale assessment scores for the prep year. Chassidy “Missy” Payne, Interim Director, was on-site and available to answer and ask questions. The visit summary was reviewed with you, printed, signed, a copy left with you. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as active-current. If any changes to the organization need to be made, 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 3/8/24. The last shelter-in-place drill was practiced 2/20/24. The last monthly playground inspection was documented on 3/19/24. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior classification. An approved fire inspection was completed on 1/8/24. An approved building inspection was conducted on 10/30/24. Revisions were made by the building inspector on 3/25/24. There are two (2) dates missing from the building inspection for the electrical system and heating/air system. The building inspector was contacted and is allowing the dates from 6/21/04 to be used. The original building inspection was collected today. A zoning letter dated 3/6/24 is on file. Administrative, operational, and personnel policies were submitted and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 12/12/23. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during routine care, free play, transition time, and outdoor play. There were no new staff. One (1) volunteer was on-site. One (1) therapist was on-site. Ms. Payne would like to take the option to transition to a star-rated license based on the previous ownership’s star-rated license points. Based on the change of ownership, the facility would be included in Cohort 1. We discussed the resources available during the 2024-25 assessment year. Plan to visit the North Carolina Rated License Assessment Project (NCRLAP) website, ncrlap.org, for additional information, webinars, and resources. 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: Violation Number Comment Rule 705 Equipment and furnishings were not sturdy, stable and free of hazards. A small, plastic tunnel on outdoor space #2 was cracked and broken on the side, exposing sharp edges. .0601(c) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1 had mulch that measured between 4-5 inches instead of the required 6 inches at the exits of all three slides of the climbing structure. Outdoor space #2 had mulch that measured 5 inches instead of the required 6 inches at the exit of one of three slides. .0605(k)(1-4) Technical assistance for correction plan: Outdoor Surfacing – Corrected During the Visit Excess mulch was raked from under and around the climbing structure to the exits of the slides to allow for at least 6 inches of mulch. We discussed to rake the mulch frequently to be sure fall zones are met for the equipment. It is recommended to replenish mulch as well. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (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; Outdoor Equipment – Corrected During the Visit The small tunnel was moved to the outside of the fenced area to make inaccessible to children. We discussed to have staff remove broken equipment from the play areas as needed and to report any broken equipment to management. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. (d) Staff of the center shall immediately remove all equipment and furnishings that do not meet the requirements of Paragraphs (b) and (c) of this Rule from the premises or make the equipment or furnishings inaccessible to the children. 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 for the facility prior to the visit today was 90%. 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 is recommended to be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Pre-service requirements must be met for all positions. The facility will use the seven (7) points for staff education based on the previous ownership. Program Standards: The average score for the ECERS-R conducted on 3/6/2024 is 5.53 points. The average score for the ITERS-R conducted on 3/5/2024 is 5.52 points. According to the program requirements for the NC Star Rated License: The overall average score (across 2 assessments) is 5.53 points. The lowest classroom score is at least 5.0. For official assessments and reassessments this information will be used by the DCDEE to determine the number of points your program will earn in the Program Standards component of your star rated license. For cohort model programs during the Preparation Year, it is your choice whether the scores will apply to your license or if program planning and enhancement followed by another assessment with official scores is preferred. The facility will use the seven (7) points for program standards based on the previous ownership. The facility will be included in Cohort 1 to resume the next rated license cycle. We discussed resources available during the visit today. The facility is required to meet enhanced space and highest voluntary enhanced (reduced) staff/child ratios. 10A NCAC 09 .2809 ENHANCED SPACE REQUIREMENTS (a) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time. (b) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .2818 ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (c) To earn seven points for program standards, the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 0 to 12 Months 1/4 8 1 to 2 Years 1/5 10 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 6 Years and Older 1/19 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The curriculum being implemented is The Creative Curriculum® for Preschool, 4th Edition Teaching Strategies, Inc., 2002 10A NCAC 09 .2802 APPLICATION FOR A TWO THROUGH FIVE STAR RATED LICENSE (d) Facilities with a four or five-star rated license that are licensed to serve four-year-old children shall implement a curriculum as defined in 10A NCAC 09 .0102(10) with their four year olds. The centers rated license assessment is due once every three years based on the date of the completed Environment Rating Scale scores, if applicable. During the three-year reassessment, the center’s program standards, staff education and a quality point option are determined to award the center’s star level. It is the center operator’s responsibility to maintain the same point level under each component at all times. If changes occur that may affect your rated license, please notify your licensing consultant to inform her of the changes and discuss a plan of action to maintain the center’s star rating. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a) A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. 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. Rated License Consultation and Review of Environment Rating Scale assessment report: ECERS-R Summary Report Scores Under Three (3) Points Item #5 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that the alone space is a space limited to one child. However, the alone space was a wooden cube with solid sides. Children inside could not be seen unless a teacher was positioned directly in front of the opening to the wooden cube.” This is a potential licensing violation. There was no indication on the report staff could not hear or see the children. The cozy cube was removed from the classroom. Adequate supervision was observed during the visit today. It is recommended to review the child care requirements below with staff regarding supervision. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #7 scored two (2) points. Indicator 3.2 was not met. Item #14 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “It was reported that this group uses the playground with the multi colored complex climber. The mulch measured 4-5 inches in depth at the exit points of the slides, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” “There were no safety concerns indoors. Outdoors the safety concern mentioned in item 7 applies here as well.” This is a licensing violation. Refer to item #1867. ITERS-R Summary Report Scores Under Three (3) Points Item #6 scored two (2) points. Indicator 3.3 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that parents stop at the classroom door when they arrive with their children. She further clarified that parents do not enter the classroom during drop off.” We discussed that parents can come in the classroom and typically the parents choose not to. 10A NCAC 09 .0205 ACCESS TO CHILD CARE CENTER (a) The parent of a child enrolled in a child care center shall be allowed access to the center during its operating hours for the purposes of contacting the child or evaluating caregiving space at the center and the care provided by the center for the child. The parent shall notify the on-site administrator of his or her presence upon entering the premises. Item #7 scored two (2) points. Indicator 3.4 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Towards the end of breakfast as some children remained at the table eating, the one teacher in the classroom assisted other children washing their hands at the sink. At the start of lunch as a child sat at the table eating, a teacher and staff member stood at the sink and assisted children washing their hands while another staff member walked to the meal cart in the hallway. Because the teacher and staff members engaged in other activities away from the table as the children ate, credit could not be earned.” This is a potential licensing violation. Per observations today, the teacher was not involved in a task activity and adequate supervision was provided. When children are eating, supervision rules require that staff must be able to see and hear children. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “All five children present wore diapers. One child left approximately 1 hour after the observation began and diaper changes occurred within the required 2 hour time frame for three remaining children. The observed increment of time a child did not receive a diaper check/change was 2 hours and 36 minutes.” This is a potential licensing violation. We discussed to review when diapers should be changed with staff. 10A NCAC 09 .0806 TOILETING, CLOTHING AND LINENS (a) Diapers shall be changed whenever they become soiled or wet and not on a shift basis. Item #10 scored two (2) points. Indicator 3.1 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Although some mouthed toys were removed, there were several additional mouthed items that were not removed before being used by another child. Some of these included pretend food, cups, sensory bottles, and a bean bag.” This is a potential sanitation violation. We discussed to review the sanitation rule below with staff. 15A NCAC 18A .2822 TOYS, EQUIPMENT AND FURNITURE (a) Toys, equipment, and furniture provided by a child care center shall be kept clean and in good repair. In rooms designated for children who are not toilet trained, toys and other mouth-contact surfaces that are used by children shall be cleaned and then sanitized after each use and when visibly dirty. Toys and other mouth-contact surfaces shall be cleaned and sanitized as follows: (1) the items shall be scrubbed in warm, soapy water, using a brush to reach into any crevices; (2) the items shall be rinsed in clean water; (3) the items shall be submerged in a sanitizing solution for at least two minutes or in accordance with the instructions on the label of the sanitizing solution; and (4) the items shall be air dried. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Indoors, the edge to the diaper changing table measured 4 inches high, rather than at least 6 inches. A teacher sprayed the diaper changing table with disinfectant as she held a child in her arms. The mist from the disinfectant is a potential eye/lung irritant for children. A staff member lifted a child off the top step of the stool at the sink by his wrists. Lifting young children in this manner puts them at risk for joint injury. The teacher reported that on days this group does not go outdoors, the use the climber inside. This climber was placed on a tile floor, rather than a soft surface. Outdoors, this group used the playground with the climber with three yellow slides. The mulch measured 2 inches in depth at the exit of the tube slide and 5 inches in depth at the exit of the wide slide, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” This is a potential licensing violation. Review safe handling of children with staff. This is a licensing violation. Refer to violation item #1867. This is a potential sanitation violation. The sanitation rules must be followed for use of chemicals according to the manufacturer instructions. We discussed to review the use of chemicals with teachers. 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. We discussed to refer to the manufacturer’s instructions for the indoor climber if available. Any fall zone requirements must be met. The equipment must also be age and developmentally appropriate for the children using the equipment. Ms. Payne stated she may look for matting to place around the indoor structure. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (b) All equipment and furnishings shall be in good repair. All commercially manufactured equipment and furnishings shall be assembled and installed according to procedures specified by the manufacturer. For equipment and furnishings purchased after September 1, 2017, that include instructions from the manufacturer, those manufacturer's instructions shall be kept on file at the center, unless they are available electronically for review. Consultation: We discussed the pre-service requirements for administrators form is required to reflect an active administrator prior to the child care facility transitioning to a rated license. We discussed the annual fire inspection is due on or before 1/8/25. You will need to contact the local Fire Marshal for the annual inspection. The original approved inspection must be mailed to the child care consultant within one week. Reminder that the Fire Marshal must also monitor the auxiliary spaces. 10A NCAC 09 .0304 ON-GOING REQUIREMENTS FOR A LICENSE (a) 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. We discussed that the EPR and the EMC plans will be reviewed with all staff at the April 2024 staff meeting. During a future visit, it may be requested by the child care consultant to observe a fire drill, shelter-in-place drill, or lockdown drill. After the rated license is processed, Sidney McCrory will be assigned as your child care consultant. You may reach Ms. McCrory at sidney.mccrory@dhhs.nc.gov or 828.550.7655. 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. 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 monica.houck@dhhs.nc.gov or 828.243.2154, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

10A NCAC 09 .0605 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 4/2/2024 Number Present: 45 Completed Date: 4/2/2024 Age: From 0 To 5 Total Minutes: 165 Time In: 10:15 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of the third temporary time period visit at this program was to conduct limited monitoring of child care requirements and review the Environment Rating Scale assessment scores for the prep year. Chassidy “Missy” Payne, Interim Director, was on-site and available to answer and ask questions. The visit summary was reviewed with you, printed, signed, a copy left with you. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as active-current. If any changes to the organization need to be made, 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 3/8/24. The last shelter-in-place drill was practiced 2/20/24. The last monthly playground inspection was documented on 3/19/24. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior classification. An approved fire inspection was completed on 1/8/24. An approved building inspection was conducted on 10/30/24. Revisions were made by the building inspector on 3/25/24. There are two (2) dates missing from the building inspection for the electrical system and heating/air system. The building inspector was contacted and is allowing the dates from 6/21/04 to be used. The original building inspection was collected today. A zoning letter dated 3/6/24 is on file. Administrative, operational, and personnel policies were submitted and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 12/12/23. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during routine care, free play, transition time, and outdoor play. There were no new staff. One (1) volunteer was on-site. One (1) therapist was on-site. Ms. Payne would like to take the option to transition to a star-rated license based on the previous ownership’s star-rated license points. Based on the change of ownership, the facility would be included in Cohort 1. We discussed the resources available during the 2024-25 assessment year. Plan to visit the North Carolina Rated License Assessment Project (NCRLAP) website, ncrlap.org, for additional information, webinars, and resources. 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: Violation Number Comment Rule 705 Equipment and furnishings were not sturdy, stable and free of hazards. A small, plastic tunnel on outdoor space #2 was cracked and broken on the side, exposing sharp edges. .0601(c) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1 had mulch that measured between 4-5 inches instead of the required 6 inches at the exits of all three slides of the climbing structure. Outdoor space #2 had mulch that measured 5 inches instead of the required 6 inches at the exit of one of three slides. .0605(k)(1-4) Technical assistance for correction plan: Outdoor Surfacing – Corrected During the Visit Excess mulch was raked from under and around the climbing structure to the exits of the slides to allow for at least 6 inches of mulch. We discussed to rake the mulch frequently to be sure fall zones are met for the equipment. It is recommended to replenish mulch as well. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (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; Outdoor Equipment – Corrected During the Visit The small tunnel was moved to the outside of the fenced area to make inaccessible to children. We discussed to have staff remove broken equipment from the play areas as needed and to report any broken equipment to management. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. (d) Staff of the center shall immediately remove all equipment and furnishings that do not meet the requirements of Paragraphs (b) and (c) of this Rule from the premises or make the equipment or furnishings inaccessible to the children. 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 for the facility prior to the visit today was 90%. 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 is recommended to be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Pre-service requirements must be met for all positions. The facility will use the seven (7) points for staff education based on the previous ownership. Program Standards: The average score for the ECERS-R conducted on 3/6/2024 is 5.53 points. The average score for the ITERS-R conducted on 3/5/2024 is 5.52 points. According to the program requirements for the NC Star Rated License: The overall average score (across 2 assessments) is 5.53 points. The lowest classroom score is at least 5.0. For official assessments and reassessments this information will be used by the DCDEE to determine the number of points your program will earn in the Program Standards component of your star rated license. For cohort model programs during the Preparation Year, it is your choice whether the scores will apply to your license or if program planning and enhancement followed by another assessment with official scores is preferred. The facility will use the seven (7) points for program standards based on the previous ownership. The facility will be included in Cohort 1 to resume the next rated license cycle. We discussed resources available during the visit today. The facility is required to meet enhanced space and highest voluntary enhanced (reduced) staff/child ratios. 10A NCAC 09 .2809 ENHANCED SPACE REQUIREMENTS (a) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time. (b) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .2818 ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (c) To earn seven points for program standards, the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 0 to 12 Months 1/4 8 1 to 2 Years 1/5 10 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 6 Years and Older 1/19 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The curriculum being implemented is The Creative Curriculum® for Preschool, 4th Edition Teaching Strategies, Inc., 2002 10A NCAC 09 .2802 APPLICATION FOR A TWO THROUGH FIVE STAR RATED LICENSE (d) Facilities with a four or five-star rated license that are licensed to serve four-year-old children shall implement a curriculum as defined in 10A NCAC 09 .0102(10) with their four year olds. The centers rated license assessment is due once every three years based on the date of the completed Environment Rating Scale scores, if applicable. During the three-year reassessment, the center’s program standards, staff education and a quality point option are determined to award the center’s star level. It is the center operator’s responsibility to maintain the same point level under each component at all times. If changes occur that may affect your rated license, please notify your licensing consultant to inform her of the changes and discuss a plan of action to maintain the center’s star rating. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a) A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. 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. Rated License Consultation and Review of Environment Rating Scale assessment report: ECERS-R Summary Report Scores Under Three (3) Points Item #5 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that the alone space is a space limited to one child. However, the alone space was a wooden cube with solid sides. Children inside could not be seen unless a teacher was positioned directly in front of the opening to the wooden cube.” This is a potential licensing violation. There was no indication on the report staff could not hear or see the children. The cozy cube was removed from the classroom. Adequate supervision was observed during the visit today. It is recommended to review the child care requirements below with staff regarding supervision. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #7 scored two (2) points. Indicator 3.2 was not met. Item #14 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “It was reported that this group uses the playground with the multi colored complex climber. The mulch measured 4-5 inches in depth at the exit points of the slides, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” “There were no safety concerns indoors. Outdoors the safety concern mentioned in item 7 applies here as well.” This is a licensing violation. Refer to item #1867. ITERS-R Summary Report Scores Under Three (3) Points Item #6 scored two (2) points. Indicator 3.3 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that parents stop at the classroom door when they arrive with their children. She further clarified that parents do not enter the classroom during drop off.” We discussed that parents can come in the classroom and typically the parents choose not to. 10A NCAC 09 .0205 ACCESS TO CHILD CARE CENTER (a) The parent of a child enrolled in a child care center shall be allowed access to the center during its operating hours for the purposes of contacting the child or evaluating caregiving space at the center and the care provided by the center for the child. The parent shall notify the on-site administrator of his or her presence upon entering the premises. Item #7 scored two (2) points. Indicator 3.4 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Towards the end of breakfast as some children remained at the table eating, the one teacher in the classroom assisted other children washing their hands at the sink. At the start of lunch as a child sat at the table eating, a teacher and staff member stood at the sink and assisted children washing their hands while another staff member walked to the meal cart in the hallway. Because the teacher and staff members engaged in other activities away from the table as the children ate, credit could not be earned.” This is a potential licensing violation. Per observations today, the teacher was not involved in a task activity and adequate supervision was provided. When children are eating, supervision rules require that staff must be able to see and hear children. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “All five children present wore diapers. One child left approximately 1 hour after the observation began and diaper changes occurred within the required 2 hour time frame for three remaining children. The observed increment of time a child did not receive a diaper check/change was 2 hours and 36 minutes.” This is a potential licensing violation. We discussed to review when diapers should be changed with staff. 10A NCAC 09 .0806 TOILETING, CLOTHING AND LINENS (a) Diapers shall be changed whenever they become soiled or wet and not on a shift basis. Item #10 scored two (2) points. Indicator 3.1 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Although some mouthed toys were removed, there were several additional mouthed items that were not removed before being used by another child. Some of these included pretend food, cups, sensory bottles, and a bean bag.” This is a potential sanitation violation. We discussed to review the sanitation rule below with staff. 15A NCAC 18A .2822 TOYS, EQUIPMENT AND FURNITURE (a) Toys, equipment, and furniture provided by a child care center shall be kept clean and in good repair. In rooms designated for children who are not toilet trained, toys and other mouth-contact surfaces that are used by children shall be cleaned and then sanitized after each use and when visibly dirty. Toys and other mouth-contact surfaces shall be cleaned and sanitized as follows: (1) the items shall be scrubbed in warm, soapy water, using a brush to reach into any crevices; (2) the items shall be rinsed in clean water; (3) the items shall be submerged in a sanitizing solution for at least two minutes or in accordance with the instructions on the label of the sanitizing solution; and (4) the items shall be air dried. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Indoors, the edge to the diaper changing table measured 4 inches high, rather than at least 6 inches. A teacher sprayed the diaper changing table with disinfectant as she held a child in her arms. The mist from the disinfectant is a potential eye/lung irritant for children. A staff member lifted a child off the top step of the stool at the sink by his wrists. Lifting young children in this manner puts them at risk for joint injury. The teacher reported that on days this group does not go outdoors, the use the climber inside. This climber was placed on a tile floor, rather than a soft surface. Outdoors, this group used the playground with the climber with three yellow slides. The mulch measured 2 inches in depth at the exit of the tube slide and 5 inches in depth at the exit of the wide slide, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” This is a potential licensing violation. Review safe handling of children with staff. This is a licensing violation. Refer to violation item #1867. This is a potential sanitation violation. The sanitation rules must be followed for use of chemicals according to the manufacturer instructions. We discussed to review the use of chemicals with teachers. 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. We discussed to refer to the manufacturer’s instructions for the indoor climber if available. Any fall zone requirements must be met. The equipment must also be age and developmentally appropriate for the children using the equipment. Ms. Payne stated she may look for matting to place around the indoor structure. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (b) All equipment and furnishings shall be in good repair. All commercially manufactured equipment and furnishings shall be assembled and installed according to procedures specified by the manufacturer. For equipment and furnishings purchased after September 1, 2017, that include instructions from the manufacturer, those manufacturer's instructions shall be kept on file at the center, unless they are available electronically for review. Consultation: We discussed the pre-service requirements for administrators form is required to reflect an active administrator prior to the child care facility transitioning to a rated license. We discussed the annual fire inspection is due on or before 1/8/25. You will need to contact the local Fire Marshal for the annual inspection. The original approved inspection must be mailed to the child care consultant within one week. Reminder that the Fire Marshal must also monitor the auxiliary spaces. 10A NCAC 09 .0304 ON-GOING REQUIREMENTS FOR A LICENSE (a) 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. We discussed that the EPR and the EMC plans will be reviewed with all staff at the April 2024 staff meeting. During a future visit, it may be requested by the child care consultant to observe a fire drill, shelter-in-place drill, or lockdown drill. After the rated license is processed, Sidney McCrory will be assigned as your child care consultant. You may reach Ms. McCrory at sidney.mccrory@dhhs.nc.gov or 828.550.7655. 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. 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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 .0806 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 4/2/2024 Number Present: 45 Completed Date: 4/2/2024 Age: From 0 To 5 Total Minutes: 165 Time In: 10:15 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of the third temporary time period visit at this program was to conduct limited monitoring of child care requirements and review the Environment Rating Scale assessment scores for the prep year. Chassidy “Missy” Payne, Interim Director, was on-site and available to answer and ask questions. The visit summary was reviewed with you, printed, signed, a copy left with you. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as active-current. If any changes to the organization need to be made, 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 3/8/24. The last shelter-in-place drill was practiced 2/20/24. The last monthly playground inspection was documented on 3/19/24. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior classification. An approved fire inspection was completed on 1/8/24. An approved building inspection was conducted on 10/30/24. Revisions were made by the building inspector on 3/25/24. There are two (2) dates missing from the building inspection for the electrical system and heating/air system. The building inspector was contacted and is allowing the dates from 6/21/04 to be used. The original building inspection was collected today. A zoning letter dated 3/6/24 is on file. Administrative, operational, and personnel policies were submitted and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 12/12/23. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during routine care, free play, transition time, and outdoor play. There were no new staff. One (1) volunteer was on-site. One (1) therapist was on-site. Ms. Payne would like to take the option to transition to a star-rated license based on the previous ownership’s star-rated license points. Based on the change of ownership, the facility would be included in Cohort 1. We discussed the resources available during the 2024-25 assessment year. Plan to visit the North Carolina Rated License Assessment Project (NCRLAP) website, ncrlap.org, for additional information, webinars, and resources. 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: Violation Number Comment Rule 705 Equipment and furnishings were not sturdy, stable and free of hazards. A small, plastic tunnel on outdoor space #2 was cracked and broken on the side, exposing sharp edges. .0601(c) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1 had mulch that measured between 4-5 inches instead of the required 6 inches at the exits of all three slides of the climbing structure. Outdoor space #2 had mulch that measured 5 inches instead of the required 6 inches at the exit of one of three slides. .0605(k)(1-4) Technical assistance for correction plan: Outdoor Surfacing – Corrected During the Visit Excess mulch was raked from under and around the climbing structure to the exits of the slides to allow for at least 6 inches of mulch. We discussed to rake the mulch frequently to be sure fall zones are met for the equipment. It is recommended to replenish mulch as well. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (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; Outdoor Equipment – Corrected During the Visit The small tunnel was moved to the outside of the fenced area to make inaccessible to children. We discussed to have staff remove broken equipment from the play areas as needed and to report any broken equipment to management. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. (d) Staff of the center shall immediately remove all equipment and furnishings that do not meet the requirements of Paragraphs (b) and (c) of this Rule from the premises or make the equipment or furnishings inaccessible to the children. 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 for the facility prior to the visit today was 90%. 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 is recommended to be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Pre-service requirements must be met for all positions. The facility will use the seven (7) points for staff education based on the previous ownership. Program Standards: The average score for the ECERS-R conducted on 3/6/2024 is 5.53 points. The average score for the ITERS-R conducted on 3/5/2024 is 5.52 points. According to the program requirements for the NC Star Rated License: The overall average score (across 2 assessments) is 5.53 points. The lowest classroom score is at least 5.0. For official assessments and reassessments this information will be used by the DCDEE to determine the number of points your program will earn in the Program Standards component of your star rated license. For cohort model programs during the Preparation Year, it is your choice whether the scores will apply to your license or if program planning and enhancement followed by another assessment with official scores is preferred. The facility will use the seven (7) points for program standards based on the previous ownership. The facility will be included in Cohort 1 to resume the next rated license cycle. We discussed resources available during the visit today. The facility is required to meet enhanced space and highest voluntary enhanced (reduced) staff/child ratios. 10A NCAC 09 .2809 ENHANCED SPACE REQUIREMENTS (a) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time. (b) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .2818 ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (c) To earn seven points for program standards, the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 0 to 12 Months 1/4 8 1 to 2 Years 1/5 10 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 6 Years and Older 1/19 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The curriculum being implemented is The Creative Curriculum® for Preschool, 4th Edition Teaching Strategies, Inc., 2002 10A NCAC 09 .2802 APPLICATION FOR A TWO THROUGH FIVE STAR RATED LICENSE (d) Facilities with a four or five-star rated license that are licensed to serve four-year-old children shall implement a curriculum as defined in 10A NCAC 09 .0102(10) with their four year olds. The centers rated license assessment is due once every three years based on the date of the completed Environment Rating Scale scores, if applicable. During the three-year reassessment, the center’s program standards, staff education and a quality point option are determined to award the center’s star level. It is the center operator’s responsibility to maintain the same point level under each component at all times. If changes occur that may affect your rated license, please notify your licensing consultant to inform her of the changes and discuss a plan of action to maintain the center’s star rating. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a) A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. 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. Rated License Consultation and Review of Environment Rating Scale assessment report: ECERS-R Summary Report Scores Under Three (3) Points Item #5 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that the alone space is a space limited to one child. However, the alone space was a wooden cube with solid sides. Children inside could not be seen unless a teacher was positioned directly in front of the opening to the wooden cube.” This is a potential licensing violation. There was no indication on the report staff could not hear or see the children. The cozy cube was removed from the classroom. Adequate supervision was observed during the visit today. It is recommended to review the child care requirements below with staff regarding supervision. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #7 scored two (2) points. Indicator 3.2 was not met. Item #14 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “It was reported that this group uses the playground with the multi colored complex climber. The mulch measured 4-5 inches in depth at the exit points of the slides, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” “There were no safety concerns indoors. Outdoors the safety concern mentioned in item 7 applies here as well.” This is a licensing violation. Refer to item #1867. ITERS-R Summary Report Scores Under Three (3) Points Item #6 scored two (2) points. Indicator 3.3 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that parents stop at the classroom door when they arrive with their children. She further clarified that parents do not enter the classroom during drop off.” We discussed that parents can come in the classroom and typically the parents choose not to. 10A NCAC 09 .0205 ACCESS TO CHILD CARE CENTER (a) The parent of a child enrolled in a child care center shall be allowed access to the center during its operating hours for the purposes of contacting the child or evaluating caregiving space at the center and the care provided by the center for the child. The parent shall notify the on-site administrator of his or her presence upon entering the premises. Item #7 scored two (2) points. Indicator 3.4 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Towards the end of breakfast as some children remained at the table eating, the one teacher in the classroom assisted other children washing their hands at the sink. At the start of lunch as a child sat at the table eating, a teacher and staff member stood at the sink and assisted children washing their hands while another staff member walked to the meal cart in the hallway. Because the teacher and staff members engaged in other activities away from the table as the children ate, credit could not be earned.” This is a potential licensing violation. Per observations today, the teacher was not involved in a task activity and adequate supervision was provided. When children are eating, supervision rules require that staff must be able to see and hear children. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “All five children present wore diapers. One child left approximately 1 hour after the observation began and diaper changes occurred within the required 2 hour time frame for three remaining children. The observed increment of time a child did not receive a diaper check/change was 2 hours and 36 minutes.” This is a potential licensing violation. We discussed to review when diapers should be changed with staff. 10A NCAC 09 .0806 TOILETING, CLOTHING AND LINENS (a) Diapers shall be changed whenever they become soiled or wet and not on a shift basis. Item #10 scored two (2) points. Indicator 3.1 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Although some mouthed toys were removed, there were several additional mouthed items that were not removed before being used by another child. Some of these included pretend food, cups, sensory bottles, and a bean bag.” This is a potential sanitation violation. We discussed to review the sanitation rule below with staff. 15A NCAC 18A .2822 TOYS, EQUIPMENT AND FURNITURE (a) Toys, equipment, and furniture provided by a child care center shall be kept clean and in good repair. In rooms designated for children who are not toilet trained, toys and other mouth-contact surfaces that are used by children shall be cleaned and then sanitized after each use and when visibly dirty. Toys and other mouth-contact surfaces shall be cleaned and sanitized as follows: (1) the items shall be scrubbed in warm, soapy water, using a brush to reach into any crevices; (2) the items shall be rinsed in clean water; (3) the items shall be submerged in a sanitizing solution for at least two minutes or in accordance with the instructions on the label of the sanitizing solution; and (4) the items shall be air dried. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Indoors, the edge to the diaper changing table measured 4 inches high, rather than at least 6 inches. A teacher sprayed the diaper changing table with disinfectant as she held a child in her arms. The mist from the disinfectant is a potential eye/lung irritant for children. A staff member lifted a child off the top step of the stool at the sink by his wrists. Lifting young children in this manner puts them at risk for joint injury. The teacher reported that on days this group does not go outdoors, the use the climber inside. This climber was placed on a tile floor, rather than a soft surface. Outdoors, this group used the playground with the climber with three yellow slides. The mulch measured 2 inches in depth at the exit of the tube slide and 5 inches in depth at the exit of the wide slide, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” This is a potential licensing violation. Review safe handling of children with staff. This is a licensing violation. Refer to violation item #1867. This is a potential sanitation violation. The sanitation rules must be followed for use of chemicals according to the manufacturer instructions. We discussed to review the use of chemicals with teachers. 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. We discussed to refer to the manufacturer’s instructions for the indoor climber if available. Any fall zone requirements must be met. The equipment must also be age and developmentally appropriate for the children using the equipment. Ms. Payne stated she may look for matting to place around the indoor structure. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (b) All equipment and furnishings shall be in good repair. All commercially manufactured equipment and furnishings shall be assembled and installed according to procedures specified by the manufacturer. For equipment and furnishings purchased after September 1, 2017, that include instructions from the manufacturer, those manufacturer's instructions shall be kept on file at the center, unless they are available electronically for review. Consultation: We discussed the pre-service requirements for administrators form is required to reflect an active administrator prior to the child care facility transitioning to a rated license. We discussed the annual fire inspection is due on or before 1/8/25. You will need to contact the local Fire Marshal for the annual inspection. The original approved inspection must be mailed to the child care consultant within one week. Reminder that the Fire Marshal must also monitor the auxiliary spaces. 10A NCAC 09 .0304 ON-GOING REQUIREMENTS FOR A LICENSE (a) 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. We discussed that the EPR and the EMC plans will be reviewed with all staff at the April 2024 staff meeting. During a future visit, it may be requested by the child care consultant to observe a fire drill, shelter-in-place drill, or lockdown drill. After the rated license is processed, Sidney McCrory will be assigned as your child care consultant. You may reach Ms. McCrory at sidney.mccrory@dhhs.nc.gov or 828.550.7655. 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. 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 4/2/2024 Number Present: 45 Completed Date: 4/2/2024 Age: From 0 To 5 Total Minutes: 165 Time In: 10:15 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of the third temporary time period visit at this program was to conduct limited monitoring of child care requirements and review the Environment Rating Scale assessment scores for the prep year. Chassidy “Missy” Payne, Interim Director, was on-site and available to answer and ask questions. The visit summary was reviewed with you, printed, signed, a copy left with you. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as active-current. If any changes to the organization need to be made, 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 3/8/24. The last shelter-in-place drill was practiced 2/20/24. The last monthly playground inspection was documented on 3/19/24. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior classification. An approved fire inspection was completed on 1/8/24. An approved building inspection was conducted on 10/30/24. Revisions were made by the building inspector on 3/25/24. There are two (2) dates missing from the building inspection for the electrical system and heating/air system. The building inspector was contacted and is allowing the dates from 6/21/04 to be used. The original building inspection was collected today. A zoning letter dated 3/6/24 is on file. Administrative, operational, and personnel policies were submitted and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 12/12/23. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during routine care, free play, transition time, and outdoor play. There were no new staff. One (1) volunteer was on-site. One (1) therapist was on-site. Ms. Payne would like to take the option to transition to a star-rated license based on the previous ownership’s star-rated license points. Based on the change of ownership, the facility would be included in Cohort 1. We discussed the resources available during the 2024-25 assessment year. Plan to visit the North Carolina Rated License Assessment Project (NCRLAP) website, ncrlap.org, for additional information, webinars, and resources. 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: Violation Number Comment Rule 705 Equipment and furnishings were not sturdy, stable and free of hazards. A small, plastic tunnel on outdoor space #2 was cracked and broken on the side, exposing sharp edges. .0601(c) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1 had mulch that measured between 4-5 inches instead of the required 6 inches at the exits of all three slides of the climbing structure. Outdoor space #2 had mulch that measured 5 inches instead of the required 6 inches at the exit of one of three slides. .0605(k)(1-4) Technical assistance for correction plan: Outdoor Surfacing – Corrected During the Visit Excess mulch was raked from under and around the climbing structure to the exits of the slides to allow for at least 6 inches of mulch. We discussed to rake the mulch frequently to be sure fall zones are met for the equipment. It is recommended to replenish mulch as well. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (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; Outdoor Equipment – Corrected During the Visit The small tunnel was moved to the outside of the fenced area to make inaccessible to children. We discussed to have staff remove broken equipment from the play areas as needed and to report any broken equipment to management. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. (d) Staff of the center shall immediately remove all equipment and furnishings that do not meet the requirements of Paragraphs (b) and (c) of this Rule from the premises or make the equipment or furnishings inaccessible to the children. 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 for the facility prior to the visit today was 90%. 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 is recommended to be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Pre-service requirements must be met for all positions. The facility will use the seven (7) points for staff education based on the previous ownership. Program Standards: The average score for the ECERS-R conducted on 3/6/2024 is 5.53 points. The average score for the ITERS-R conducted on 3/5/2024 is 5.52 points. According to the program requirements for the NC Star Rated License: The overall average score (across 2 assessments) is 5.53 points. The lowest classroom score is at least 5.0. For official assessments and reassessments this information will be used by the DCDEE to determine the number of points your program will earn in the Program Standards component of your star rated license. For cohort model programs during the Preparation Year, it is your choice whether the scores will apply to your license or if program planning and enhancement followed by another assessment with official scores is preferred. The facility will use the seven (7) points for program standards based on the previous ownership. The facility will be included in Cohort 1 to resume the next rated license cycle. We discussed resources available during the visit today. The facility is required to meet enhanced space and highest voluntary enhanced (reduced) staff/child ratios. 10A NCAC 09 .2809 ENHANCED SPACE REQUIREMENTS (a) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time. (b) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .2818 ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (c) To earn seven points for program standards, the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 0 to 12 Months 1/4 8 1 to 2 Years 1/5 10 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 6 Years and Older 1/19 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The curriculum being implemented is The Creative Curriculum® for Preschool, 4th Edition Teaching Strategies, Inc., 2002 10A NCAC 09 .2802 APPLICATION FOR A TWO THROUGH FIVE STAR RATED LICENSE (d) Facilities with a four or five-star rated license that are licensed to serve four-year-old children shall implement a curriculum as defined in 10A NCAC 09 .0102(10) with their four year olds. The centers rated license assessment is due once every three years based on the date of the completed Environment Rating Scale scores, if applicable. During the three-year reassessment, the center’s program standards, staff education and a quality point option are determined to award the center’s star level. It is the center operator’s responsibility to maintain the same point level under each component at all times. If changes occur that may affect your rated license, please notify your licensing consultant to inform her of the changes and discuss a plan of action to maintain the center’s star rating. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a) A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. 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. Rated License Consultation and Review of Environment Rating Scale assessment report: ECERS-R Summary Report Scores Under Three (3) Points Item #5 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that the alone space is a space limited to one child. However, the alone space was a wooden cube with solid sides. Children inside could not be seen unless a teacher was positioned directly in front of the opening to the wooden cube.” This is a potential licensing violation. There was no indication on the report staff could not hear or see the children. The cozy cube was removed from the classroom. Adequate supervision was observed during the visit today. It is recommended to review the child care requirements below with staff regarding supervision. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #7 scored two (2) points. Indicator 3.2 was not met. Item #14 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “It was reported that this group uses the playground with the multi colored complex climber. The mulch measured 4-5 inches in depth at the exit points of the slides, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” “There were no safety concerns indoors. Outdoors the safety concern mentioned in item 7 applies here as well.” This is a licensing violation. Refer to item #1867. ITERS-R Summary Report Scores Under Three (3) Points Item #6 scored two (2) points. Indicator 3.3 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that parents stop at the classroom door when they arrive with their children. She further clarified that parents do not enter the classroom during drop off.” We discussed that parents can come in the classroom and typically the parents choose not to. 10A NCAC 09 .0205 ACCESS TO CHILD CARE CENTER (a) The parent of a child enrolled in a child care center shall be allowed access to the center during its operating hours for the purposes of contacting the child or evaluating caregiving space at the center and the care provided by the center for the child. The parent shall notify the on-site administrator of his or her presence upon entering the premises. Item #7 scored two (2) points. Indicator 3.4 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Towards the end of breakfast as some children remained at the table eating, the one teacher in the classroom assisted other children washing their hands at the sink. At the start of lunch as a child sat at the table eating, a teacher and staff member stood at the sink and assisted children washing their hands while another staff member walked to the meal cart in the hallway. Because the teacher and staff members engaged in other activities away from the table as the children ate, credit could not be earned.” This is a potential licensing violation. Per observations today, the teacher was not involved in a task activity and adequate supervision was provided. When children are eating, supervision rules require that staff must be able to see and hear children. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “All five children present wore diapers. One child left approximately 1 hour after the observation began and diaper changes occurred within the required 2 hour time frame for three remaining children. The observed increment of time a child did not receive a diaper check/change was 2 hours and 36 minutes.” This is a potential licensing violation. We discussed to review when diapers should be changed with staff. 10A NCAC 09 .0806 TOILETING, CLOTHING AND LINENS (a) Diapers shall be changed whenever they become soiled or wet and not on a shift basis. Item #10 scored two (2) points. Indicator 3.1 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Although some mouthed toys were removed, there were several additional mouthed items that were not removed before being used by another child. Some of these included pretend food, cups, sensory bottles, and a bean bag.” This is a potential sanitation violation. We discussed to review the sanitation rule below with staff. 15A NCAC 18A .2822 TOYS, EQUIPMENT AND FURNITURE (a) Toys, equipment, and furniture provided by a child care center shall be kept clean and in good repair. In rooms designated for children who are not toilet trained, toys and other mouth-contact surfaces that are used by children shall be cleaned and then sanitized after each use and when visibly dirty. Toys and other mouth-contact surfaces shall be cleaned and sanitized as follows: (1) the items shall be scrubbed in warm, soapy water, using a brush to reach into any crevices; (2) the items shall be rinsed in clean water; (3) the items shall be submerged in a sanitizing solution for at least two minutes or in accordance with the instructions on the label of the sanitizing solution; and (4) the items shall be air dried. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Indoors, the edge to the diaper changing table measured 4 inches high, rather than at least 6 inches. A teacher sprayed the diaper changing table with disinfectant as she held a child in her arms. The mist from the disinfectant is a potential eye/lung irritant for children. A staff member lifted a child off the top step of the stool at the sink by his wrists. Lifting young children in this manner puts them at risk for joint injury. The teacher reported that on days this group does not go outdoors, the use the climber inside. This climber was placed on a tile floor, rather than a soft surface. Outdoors, this group used the playground with the climber with three yellow slides. The mulch measured 2 inches in depth at the exit of the tube slide and 5 inches in depth at the exit of the wide slide, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” This is a potential licensing violation. Review safe handling of children with staff. This is a licensing violation. Refer to violation item #1867. This is a potential sanitation violation. The sanitation rules must be followed for use of chemicals according to the manufacturer instructions. We discussed to review the use of chemicals with teachers. 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. We discussed to refer to the manufacturer’s instructions for the indoor climber if available. Any fall zone requirements must be met. The equipment must also be age and developmentally appropriate for the children using the equipment. Ms. Payne stated she may look for matting to place around the indoor structure. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (b) All equipment and furnishings shall be in good repair. All commercially manufactured equipment and furnishings shall be assembled and installed according to procedures specified by the manufacturer. For equipment and furnishings purchased after September 1, 2017, that include instructions from the manufacturer, those manufacturer's instructions shall be kept on file at the center, unless they are available electronically for review. Consultation: We discussed the pre-service requirements for administrators form is required to reflect an active administrator prior to the child care facility transitioning to a rated license. We discussed the annual fire inspection is due on or before 1/8/25. You will need to contact the local Fire Marshal for the annual inspection. The original approved inspection must be mailed to the child care consultant within one week. Reminder that the Fire Marshal must also monitor the auxiliary spaces. 10A NCAC 09 .0304 ON-GOING REQUIREMENTS FOR A LICENSE (a) 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. We discussed that the EPR and the EMC plans will be reviewed with all staff at the April 2024 staff meeting. During a future visit, it may be requested by the child care consultant to observe a fire drill, shelter-in-place drill, or lockdown drill. After the rated license is processed, Sidney McCrory will be assigned as your child care consultant. You may reach Ms. McCrory at sidney.mccrory@dhhs.nc.gov or 828.550.7655. 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. 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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 .2802 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 4/2/2024 Number Present: 45 Completed Date: 4/2/2024 Age: From 0 To 5 Total Minutes: 165 Time In: 10:15 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of the third temporary time period visit at this program was to conduct limited monitoring of child care requirements and review the Environment Rating Scale assessment scores for the prep year. Chassidy “Missy” Payne, Interim Director, was on-site and available to answer and ask questions. The visit summary was reviewed with you, printed, signed, a copy left with you. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as active-current. If any changes to the organization need to be made, 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 3/8/24. The last shelter-in-place drill was practiced 2/20/24. The last monthly playground inspection was documented on 3/19/24. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior classification. An approved fire inspection was completed on 1/8/24. An approved building inspection was conducted on 10/30/24. Revisions were made by the building inspector on 3/25/24. There are two (2) dates missing from the building inspection for the electrical system and heating/air system. The building inspector was contacted and is allowing the dates from 6/21/04 to be used. The original building inspection was collected today. A zoning letter dated 3/6/24 is on file. Administrative, operational, and personnel policies were submitted and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 12/12/23. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during routine care, free play, transition time, and outdoor play. There were no new staff. One (1) volunteer was on-site. One (1) therapist was on-site. Ms. Payne would like to take the option to transition to a star-rated license based on the previous ownership’s star-rated license points. Based on the change of ownership, the facility would be included in Cohort 1. We discussed the resources available during the 2024-25 assessment year. Plan to visit the North Carolina Rated License Assessment Project (NCRLAP) website, ncrlap.org, for additional information, webinars, and resources. 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: Violation Number Comment Rule 705 Equipment and furnishings were not sturdy, stable and free of hazards. A small, plastic tunnel on outdoor space #2 was cracked and broken on the side, exposing sharp edges. .0601(c) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1 had mulch that measured between 4-5 inches instead of the required 6 inches at the exits of all three slides of the climbing structure. Outdoor space #2 had mulch that measured 5 inches instead of the required 6 inches at the exit of one of three slides. .0605(k)(1-4) Technical assistance for correction plan: Outdoor Surfacing – Corrected During the Visit Excess mulch was raked from under and around the climbing structure to the exits of the slides to allow for at least 6 inches of mulch. We discussed to rake the mulch frequently to be sure fall zones are met for the equipment. It is recommended to replenish mulch as well. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (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; Outdoor Equipment – Corrected During the Visit The small tunnel was moved to the outside of the fenced area to make inaccessible to children. We discussed to have staff remove broken equipment from the play areas as needed and to report any broken equipment to management. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. (d) Staff of the center shall immediately remove all equipment and furnishings that do not meet the requirements of Paragraphs (b) and (c) of this Rule from the premises or make the equipment or furnishings inaccessible to the children. 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 for the facility prior to the visit today was 90%. 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 is recommended to be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Pre-service requirements must be met for all positions. The facility will use the seven (7) points for staff education based on the previous ownership. Program Standards: The average score for the ECERS-R conducted on 3/6/2024 is 5.53 points. The average score for the ITERS-R conducted on 3/5/2024 is 5.52 points. According to the program requirements for the NC Star Rated License: The overall average score (across 2 assessments) is 5.53 points. The lowest classroom score is at least 5.0. For official assessments and reassessments this information will be used by the DCDEE to determine the number of points your program will earn in the Program Standards component of your star rated license. For cohort model programs during the Preparation Year, it is your choice whether the scores will apply to your license or if program planning and enhancement followed by another assessment with official scores is preferred. The facility will use the seven (7) points for program standards based on the previous ownership. The facility will be included in Cohort 1 to resume the next rated license cycle. We discussed resources available during the visit today. The facility is required to meet enhanced space and highest voluntary enhanced (reduced) staff/child ratios. 10A NCAC 09 .2809 ENHANCED SPACE REQUIREMENTS (a) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time. (b) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .2818 ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (c) To earn seven points for program standards, the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 0 to 12 Months 1/4 8 1 to 2 Years 1/5 10 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 6 Years and Older 1/19 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The curriculum being implemented is The Creative Curriculum® for Preschool, 4th Edition Teaching Strategies, Inc., 2002 10A NCAC 09 .2802 APPLICATION FOR A TWO THROUGH FIVE STAR RATED LICENSE (d) Facilities with a four or five-star rated license that are licensed to serve four-year-old children shall implement a curriculum as defined in 10A NCAC 09 .0102(10) with their four year olds. The centers rated license assessment is due once every three years based on the date of the completed Environment Rating Scale scores, if applicable. During the three-year reassessment, the center’s program standards, staff education and a quality point option are determined to award the center’s star level. It is the center operator’s responsibility to maintain the same point level under each component at all times. If changes occur that may affect your rated license, please notify your licensing consultant to inform her of the changes and discuss a plan of action to maintain the center’s star rating. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a) A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. 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. Rated License Consultation and Review of Environment Rating Scale assessment report: ECERS-R Summary Report Scores Under Three (3) Points Item #5 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that the alone space is a space limited to one child. However, the alone space was a wooden cube with solid sides. Children inside could not be seen unless a teacher was positioned directly in front of the opening to the wooden cube.” This is a potential licensing violation. There was no indication on the report staff could not hear or see the children. The cozy cube was removed from the classroom. Adequate supervision was observed during the visit today. It is recommended to review the child care requirements below with staff regarding supervision. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #7 scored two (2) points. Indicator 3.2 was not met. Item #14 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “It was reported that this group uses the playground with the multi colored complex climber. The mulch measured 4-5 inches in depth at the exit points of the slides, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” “There were no safety concerns indoors. Outdoors the safety concern mentioned in item 7 applies here as well.” This is a licensing violation. Refer to item #1867. ITERS-R Summary Report Scores Under Three (3) Points Item #6 scored two (2) points. Indicator 3.3 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that parents stop at the classroom door when they arrive with their children. She further clarified that parents do not enter the classroom during drop off.” We discussed that parents can come in the classroom and typically the parents choose not to. 10A NCAC 09 .0205 ACCESS TO CHILD CARE CENTER (a) The parent of a child enrolled in a child care center shall be allowed access to the center during its operating hours for the purposes of contacting the child or evaluating caregiving space at the center and the care provided by the center for the child. The parent shall notify the on-site administrator of his or her presence upon entering the premises. Item #7 scored two (2) points. Indicator 3.4 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Towards the end of breakfast as some children remained at the table eating, the one teacher in the classroom assisted other children washing their hands at the sink. At the start of lunch as a child sat at the table eating, a teacher and staff member stood at the sink and assisted children washing their hands while another staff member walked to the meal cart in the hallway. Because the teacher and staff members engaged in other activities away from the table as the children ate, credit could not be earned.” This is a potential licensing violation. Per observations today, the teacher was not involved in a task activity and adequate supervision was provided. When children are eating, supervision rules require that staff must be able to see and hear children. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “All five children present wore diapers. One child left approximately 1 hour after the observation began and diaper changes occurred within the required 2 hour time frame for three remaining children. The observed increment of time a child did not receive a diaper check/change was 2 hours and 36 minutes.” This is a potential licensing violation. We discussed to review when diapers should be changed with staff. 10A NCAC 09 .0806 TOILETING, CLOTHING AND LINENS (a) Diapers shall be changed whenever they become soiled or wet and not on a shift basis. Item #10 scored two (2) points. Indicator 3.1 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Although some mouthed toys were removed, there were several additional mouthed items that were not removed before being used by another child. Some of these included pretend food, cups, sensory bottles, and a bean bag.” This is a potential sanitation violation. We discussed to review the sanitation rule below with staff. 15A NCAC 18A .2822 TOYS, EQUIPMENT AND FURNITURE (a) Toys, equipment, and furniture provided by a child care center shall be kept clean and in good repair. In rooms designated for children who are not toilet trained, toys and other mouth-contact surfaces that are used by children shall be cleaned and then sanitized after each use and when visibly dirty. Toys and other mouth-contact surfaces shall be cleaned and sanitized as follows: (1) the items shall be scrubbed in warm, soapy water, using a brush to reach into any crevices; (2) the items shall be rinsed in clean water; (3) the items shall be submerged in a sanitizing solution for at least two minutes or in accordance with the instructions on the label of the sanitizing solution; and (4) the items shall be air dried. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Indoors, the edge to the diaper changing table measured 4 inches high, rather than at least 6 inches. A teacher sprayed the diaper changing table with disinfectant as she held a child in her arms. The mist from the disinfectant is a potential eye/lung irritant for children. A staff member lifted a child off the top step of the stool at the sink by his wrists. Lifting young children in this manner puts them at risk for joint injury. The teacher reported that on days this group does not go outdoors, the use the climber inside. This climber was placed on a tile floor, rather than a soft surface. Outdoors, this group used the playground with the climber with three yellow slides. The mulch measured 2 inches in depth at the exit of the tube slide and 5 inches in depth at the exit of the wide slide, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” This is a potential licensing violation. Review safe handling of children with staff. This is a licensing violation. Refer to violation item #1867. This is a potential sanitation violation. The sanitation rules must be followed for use of chemicals according to the manufacturer instructions. We discussed to review the use of chemicals with teachers. 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. We discussed to refer to the manufacturer’s instructions for the indoor climber if available. Any fall zone requirements must be met. The equipment must also be age and developmentally appropriate for the children using the equipment. Ms. Payne stated she may look for matting to place around the indoor structure. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (b) All equipment and furnishings shall be in good repair. All commercially manufactured equipment and furnishings shall be assembled and installed according to procedures specified by the manufacturer. For equipment and furnishings purchased after September 1, 2017, that include instructions from the manufacturer, those manufacturer's instructions shall be kept on file at the center, unless they are available electronically for review. Consultation: We discussed the pre-service requirements for administrators form is required to reflect an active administrator prior to the child care facility transitioning to a rated license. We discussed the annual fire inspection is due on or before 1/8/25. You will need to contact the local Fire Marshal for the annual inspection. The original approved inspection must be mailed to the child care consultant within one week. Reminder that the Fire Marshal must also monitor the auxiliary spaces. 10A NCAC 09 .0304 ON-GOING REQUIREMENTS FOR A LICENSE (a) 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. We discussed that the EPR and the EMC plans will be reviewed with all staff at the April 2024 staff meeting. During a future visit, it may be requested by the child care consultant to observe a fire drill, shelter-in-place drill, or lockdown drill. After the rated license is processed, Sidney McCrory will be assigned as your child care consultant. You may reach Ms. McCrory at sidney.mccrory@dhhs.nc.gov or 828.550.7655. 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. 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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 .2809 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 4/2/2024 Number Present: 45 Completed Date: 4/2/2024 Age: From 0 To 5 Total Minutes: 165 Time In: 10:15 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of the third temporary time period visit at this program was to conduct limited monitoring of child care requirements and review the Environment Rating Scale assessment scores for the prep year. Chassidy “Missy” Payne, Interim Director, was on-site and available to answer and ask questions. The visit summary was reviewed with you, printed, signed, a copy left with you. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as active-current. If any changes to the organization need to be made, 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 3/8/24. The last shelter-in-place drill was practiced 2/20/24. The last monthly playground inspection was documented on 3/19/24. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior classification. An approved fire inspection was completed on 1/8/24. An approved building inspection was conducted on 10/30/24. Revisions were made by the building inspector on 3/25/24. There are two (2) dates missing from the building inspection for the electrical system and heating/air system. The building inspector was contacted and is allowing the dates from 6/21/04 to be used. The original building inspection was collected today. A zoning letter dated 3/6/24 is on file. Administrative, operational, and personnel policies were submitted and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 12/12/23. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during routine care, free play, transition time, and outdoor play. There were no new staff. One (1) volunteer was on-site. One (1) therapist was on-site. Ms. Payne would like to take the option to transition to a star-rated license based on the previous ownership’s star-rated license points. Based on the change of ownership, the facility would be included in Cohort 1. We discussed the resources available during the 2024-25 assessment year. Plan to visit the North Carolina Rated License Assessment Project (NCRLAP) website, ncrlap.org, for additional information, webinars, and resources. 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: Violation Number Comment Rule 705 Equipment and furnishings were not sturdy, stable and free of hazards. A small, plastic tunnel on outdoor space #2 was cracked and broken on the side, exposing sharp edges. .0601(c) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1 had mulch that measured between 4-5 inches instead of the required 6 inches at the exits of all three slides of the climbing structure. Outdoor space #2 had mulch that measured 5 inches instead of the required 6 inches at the exit of one of three slides. .0605(k)(1-4) Technical assistance for correction plan: Outdoor Surfacing – Corrected During the Visit Excess mulch was raked from under and around the climbing structure to the exits of the slides to allow for at least 6 inches of mulch. We discussed to rake the mulch frequently to be sure fall zones are met for the equipment. It is recommended to replenish mulch as well. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (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; Outdoor Equipment – Corrected During the Visit The small tunnel was moved to the outside of the fenced area to make inaccessible to children. We discussed to have staff remove broken equipment from the play areas as needed and to report any broken equipment to management. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. (d) Staff of the center shall immediately remove all equipment and furnishings that do not meet the requirements of Paragraphs (b) and (c) of this Rule from the premises or make the equipment or furnishings inaccessible to the children. 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 for the facility prior to the visit today was 90%. 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 is recommended to be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Pre-service requirements must be met for all positions. The facility will use the seven (7) points for staff education based on the previous ownership. Program Standards: The average score for the ECERS-R conducted on 3/6/2024 is 5.53 points. The average score for the ITERS-R conducted on 3/5/2024 is 5.52 points. According to the program requirements for the NC Star Rated License: The overall average score (across 2 assessments) is 5.53 points. The lowest classroom score is at least 5.0. For official assessments and reassessments this information will be used by the DCDEE to determine the number of points your program will earn in the Program Standards component of your star rated license. For cohort model programs during the Preparation Year, it is your choice whether the scores will apply to your license or if program planning and enhancement followed by another assessment with official scores is preferred. The facility will use the seven (7) points for program standards based on the previous ownership. The facility will be included in Cohort 1 to resume the next rated license cycle. We discussed resources available during the visit today. The facility is required to meet enhanced space and highest voluntary enhanced (reduced) staff/child ratios. 10A NCAC 09 .2809 ENHANCED SPACE REQUIREMENTS (a) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time. (b) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .2818 ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (c) To earn seven points for program standards, the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 0 to 12 Months 1/4 8 1 to 2 Years 1/5 10 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 6 Years and Older 1/19 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The curriculum being implemented is The Creative Curriculum® for Preschool, 4th Edition Teaching Strategies, Inc., 2002 10A NCAC 09 .2802 APPLICATION FOR A TWO THROUGH FIVE STAR RATED LICENSE (d) Facilities with a four or five-star rated license that are licensed to serve four-year-old children shall implement a curriculum as defined in 10A NCAC 09 .0102(10) with their four year olds. The centers rated license assessment is due once every three years based on the date of the completed Environment Rating Scale scores, if applicable. During the three-year reassessment, the center’s program standards, staff education and a quality point option are determined to award the center’s star level. It is the center operator’s responsibility to maintain the same point level under each component at all times. If changes occur that may affect your rated license, please notify your licensing consultant to inform her of the changes and discuss a plan of action to maintain the center’s star rating. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a) A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. 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. Rated License Consultation and Review of Environment Rating Scale assessment report: ECERS-R Summary Report Scores Under Three (3) Points Item #5 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that the alone space is a space limited to one child. However, the alone space was a wooden cube with solid sides. Children inside could not be seen unless a teacher was positioned directly in front of the opening to the wooden cube.” This is a potential licensing violation. There was no indication on the report staff could not hear or see the children. The cozy cube was removed from the classroom. Adequate supervision was observed during the visit today. It is recommended to review the child care requirements below with staff regarding supervision. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #7 scored two (2) points. Indicator 3.2 was not met. Item #14 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “It was reported that this group uses the playground with the multi colored complex climber. The mulch measured 4-5 inches in depth at the exit points of the slides, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” “There were no safety concerns indoors. Outdoors the safety concern mentioned in item 7 applies here as well.” This is a licensing violation. Refer to item #1867. ITERS-R Summary Report Scores Under Three (3) Points Item #6 scored two (2) points. Indicator 3.3 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that parents stop at the classroom door when they arrive with their children. She further clarified that parents do not enter the classroom during drop off.” We discussed that parents can come in the classroom and typically the parents choose not to. 10A NCAC 09 .0205 ACCESS TO CHILD CARE CENTER (a) The parent of a child enrolled in a child care center shall be allowed access to the center during its operating hours for the purposes of contacting the child or evaluating caregiving space at the center and the care provided by the center for the child. The parent shall notify the on-site administrator of his or her presence upon entering the premises. Item #7 scored two (2) points. Indicator 3.4 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Towards the end of breakfast as some children remained at the table eating, the one teacher in the classroom assisted other children washing their hands at the sink. At the start of lunch as a child sat at the table eating, a teacher and staff member stood at the sink and assisted children washing their hands while another staff member walked to the meal cart in the hallway. Because the teacher and staff members engaged in other activities away from the table as the children ate, credit could not be earned.” This is a potential licensing violation. Per observations today, the teacher was not involved in a task activity and adequate supervision was provided. When children are eating, supervision rules require that staff must be able to see and hear children. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “All five children present wore diapers. One child left approximately 1 hour after the observation began and diaper changes occurred within the required 2 hour time frame for three remaining children. The observed increment of time a child did not receive a diaper check/change was 2 hours and 36 minutes.” This is a potential licensing violation. We discussed to review when diapers should be changed with staff. 10A NCAC 09 .0806 TOILETING, CLOTHING AND LINENS (a) Diapers shall be changed whenever they become soiled or wet and not on a shift basis. Item #10 scored two (2) points. Indicator 3.1 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Although some mouthed toys were removed, there were several additional mouthed items that were not removed before being used by another child. Some of these included pretend food, cups, sensory bottles, and a bean bag.” This is a potential sanitation violation. We discussed to review the sanitation rule below with staff. 15A NCAC 18A .2822 TOYS, EQUIPMENT AND FURNITURE (a) Toys, equipment, and furniture provided by a child care center shall be kept clean and in good repair. In rooms designated for children who are not toilet trained, toys and other mouth-contact surfaces that are used by children shall be cleaned and then sanitized after each use and when visibly dirty. Toys and other mouth-contact surfaces shall be cleaned and sanitized as follows: (1) the items shall be scrubbed in warm, soapy water, using a brush to reach into any crevices; (2) the items shall be rinsed in clean water; (3) the items shall be submerged in a sanitizing solution for at least two minutes or in accordance with the instructions on the label of the sanitizing solution; and (4) the items shall be air dried. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Indoors, the edge to the diaper changing table measured 4 inches high, rather than at least 6 inches. A teacher sprayed the diaper changing table with disinfectant as she held a child in her arms. The mist from the disinfectant is a potential eye/lung irritant for children. A staff member lifted a child off the top step of the stool at the sink by his wrists. Lifting young children in this manner puts them at risk for joint injury. The teacher reported that on days this group does not go outdoors, the use the climber inside. This climber was placed on a tile floor, rather than a soft surface. Outdoors, this group used the playground with the climber with three yellow slides. The mulch measured 2 inches in depth at the exit of the tube slide and 5 inches in depth at the exit of the wide slide, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” This is a potential licensing violation. Review safe handling of children with staff. This is a licensing violation. Refer to violation item #1867. This is a potential sanitation violation. The sanitation rules must be followed for use of chemicals according to the manufacturer instructions. We discussed to review the use of chemicals with teachers. 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. We discussed to refer to the manufacturer’s instructions for the indoor climber if available. Any fall zone requirements must be met. The equipment must also be age and developmentally appropriate for the children using the equipment. Ms. Payne stated she may look for matting to place around the indoor structure. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (b) All equipment and furnishings shall be in good repair. All commercially manufactured equipment and furnishings shall be assembled and installed according to procedures specified by the manufacturer. For equipment and furnishings purchased after September 1, 2017, that include instructions from the manufacturer, those manufacturer's instructions shall be kept on file at the center, unless they are available electronically for review. Consultation: We discussed the pre-service requirements for administrators form is required to reflect an active administrator prior to the child care facility transitioning to a rated license. We discussed the annual fire inspection is due on or before 1/8/25. You will need to contact the local Fire Marshal for the annual inspection. The original approved inspection must be mailed to the child care consultant within one week. Reminder that the Fire Marshal must also monitor the auxiliary spaces. 10A NCAC 09 .0304 ON-GOING REQUIREMENTS FOR A LICENSE (a) 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. We discussed that the EPR and the EMC plans will be reviewed with all staff at the April 2024 staff meeting. During a future visit, it may be requested by the child care consultant to observe a fire drill, shelter-in-place drill, or lockdown drill. After the rated license is processed, Sidney McCrory will be assigned as your child care consultant. You may reach Ms. McCrory at sidney.mccrory@dhhs.nc.gov or 828.550.7655. 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. 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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 .2818 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 4/2/2024 Number Present: 45 Completed Date: 4/2/2024 Age: From 0 To 5 Total Minutes: 165 Time In: 10:15 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of the third temporary time period visit at this program was to conduct limited monitoring of child care requirements and review the Environment Rating Scale assessment scores for the prep year. Chassidy “Missy” Payne, Interim Director, was on-site and available to answer and ask questions. The visit summary was reviewed with you, printed, signed, a copy left with you. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as active-current. If any changes to the organization need to be made, 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 3/8/24. The last shelter-in-place drill was practiced 2/20/24. The last monthly playground inspection was documented on 3/19/24. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior classification. An approved fire inspection was completed on 1/8/24. An approved building inspection was conducted on 10/30/24. Revisions were made by the building inspector on 3/25/24. There are two (2) dates missing from the building inspection for the electrical system and heating/air system. The building inspector was contacted and is allowing the dates from 6/21/04 to be used. The original building inspection was collected today. A zoning letter dated 3/6/24 is on file. Administrative, operational, and personnel policies were submitted and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 12/12/23. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during routine care, free play, transition time, and outdoor play. There were no new staff. One (1) volunteer was on-site. One (1) therapist was on-site. Ms. Payne would like to take the option to transition to a star-rated license based on the previous ownership’s star-rated license points. Based on the change of ownership, the facility would be included in Cohort 1. We discussed the resources available during the 2024-25 assessment year. Plan to visit the North Carolina Rated License Assessment Project (NCRLAP) website, ncrlap.org, for additional information, webinars, and resources. 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: Violation Number Comment Rule 705 Equipment and furnishings were not sturdy, stable and free of hazards. A small, plastic tunnel on outdoor space #2 was cracked and broken on the side, exposing sharp edges. .0601(c) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1 had mulch that measured between 4-5 inches instead of the required 6 inches at the exits of all three slides of the climbing structure. Outdoor space #2 had mulch that measured 5 inches instead of the required 6 inches at the exit of one of three slides. .0605(k)(1-4) Technical assistance for correction plan: Outdoor Surfacing – Corrected During the Visit Excess mulch was raked from under and around the climbing structure to the exits of the slides to allow for at least 6 inches of mulch. We discussed to rake the mulch frequently to be sure fall zones are met for the equipment. It is recommended to replenish mulch as well. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (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; Outdoor Equipment – Corrected During the Visit The small tunnel was moved to the outside of the fenced area to make inaccessible to children. We discussed to have staff remove broken equipment from the play areas as needed and to report any broken equipment to management. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. (d) Staff of the center shall immediately remove all equipment and furnishings that do not meet the requirements of Paragraphs (b) and (c) of this Rule from the premises or make the equipment or furnishings inaccessible to the children. 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 for the facility prior to the visit today was 90%. 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 is recommended to be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Pre-service requirements must be met for all positions. The facility will use the seven (7) points for staff education based on the previous ownership. Program Standards: The average score for the ECERS-R conducted on 3/6/2024 is 5.53 points. The average score for the ITERS-R conducted on 3/5/2024 is 5.52 points. According to the program requirements for the NC Star Rated License: The overall average score (across 2 assessments) is 5.53 points. The lowest classroom score is at least 5.0. For official assessments and reassessments this information will be used by the DCDEE to determine the number of points your program will earn in the Program Standards component of your star rated license. For cohort model programs during the Preparation Year, it is your choice whether the scores will apply to your license or if program planning and enhancement followed by another assessment with official scores is preferred. The facility will use the seven (7) points for program standards based on the previous ownership. The facility will be included in Cohort 1 to resume the next rated license cycle. We discussed resources available during the visit today. The facility is required to meet enhanced space and highest voluntary enhanced (reduced) staff/child ratios. 10A NCAC 09 .2809 ENHANCED SPACE REQUIREMENTS (a) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time. (b) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .2818 ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (c) To earn seven points for program standards, the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 0 to 12 Months 1/4 8 1 to 2 Years 1/5 10 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 6 Years and Older 1/19 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The curriculum being implemented is The Creative Curriculum® for Preschool, 4th Edition Teaching Strategies, Inc., 2002 10A NCAC 09 .2802 APPLICATION FOR A TWO THROUGH FIVE STAR RATED LICENSE (d) Facilities with a four or five-star rated license that are licensed to serve four-year-old children shall implement a curriculum as defined in 10A NCAC 09 .0102(10) with their four year olds. The centers rated license assessment is due once every three years based on the date of the completed Environment Rating Scale scores, if applicable. During the three-year reassessment, the center’s program standards, staff education and a quality point option are determined to award the center’s star level. It is the center operator’s responsibility to maintain the same point level under each component at all times. If changes occur that may affect your rated license, please notify your licensing consultant to inform her of the changes and discuss a plan of action to maintain the center’s star rating. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a) A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. 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. Rated License Consultation and Review of Environment Rating Scale assessment report: ECERS-R Summary Report Scores Under Three (3) Points Item #5 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that the alone space is a space limited to one child. However, the alone space was a wooden cube with solid sides. Children inside could not be seen unless a teacher was positioned directly in front of the opening to the wooden cube.” This is a potential licensing violation. There was no indication on the report staff could not hear or see the children. The cozy cube was removed from the classroom. Adequate supervision was observed during the visit today. It is recommended to review the child care requirements below with staff regarding supervision. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #7 scored two (2) points. Indicator 3.2 was not met. Item #14 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “It was reported that this group uses the playground with the multi colored complex climber. The mulch measured 4-5 inches in depth at the exit points of the slides, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” “There were no safety concerns indoors. Outdoors the safety concern mentioned in item 7 applies here as well.” This is a licensing violation. Refer to item #1867. ITERS-R Summary Report Scores Under Three (3) Points Item #6 scored two (2) points. Indicator 3.3 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that parents stop at the classroom door when they arrive with their children. She further clarified that parents do not enter the classroom during drop off.” We discussed that parents can come in the classroom and typically the parents choose not to. 10A NCAC 09 .0205 ACCESS TO CHILD CARE CENTER (a) The parent of a child enrolled in a child care center shall be allowed access to the center during its operating hours for the purposes of contacting the child or evaluating caregiving space at the center and the care provided by the center for the child. The parent shall notify the on-site administrator of his or her presence upon entering the premises. Item #7 scored two (2) points. Indicator 3.4 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Towards the end of breakfast as some children remained at the table eating, the one teacher in the classroom assisted other children washing their hands at the sink. At the start of lunch as a child sat at the table eating, a teacher and staff member stood at the sink and assisted children washing their hands while another staff member walked to the meal cart in the hallway. Because the teacher and staff members engaged in other activities away from the table as the children ate, credit could not be earned.” This is a potential licensing violation. Per observations today, the teacher was not involved in a task activity and adequate supervision was provided. When children are eating, supervision rules require that staff must be able to see and hear children. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “All five children present wore diapers. One child left approximately 1 hour after the observation began and diaper changes occurred within the required 2 hour time frame for three remaining children. The observed increment of time a child did not receive a diaper check/change was 2 hours and 36 minutes.” This is a potential licensing violation. We discussed to review when diapers should be changed with staff. 10A NCAC 09 .0806 TOILETING, CLOTHING AND LINENS (a) Diapers shall be changed whenever they become soiled or wet and not on a shift basis. Item #10 scored two (2) points. Indicator 3.1 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Although some mouthed toys were removed, there were several additional mouthed items that were not removed before being used by another child. Some of these included pretend food, cups, sensory bottles, and a bean bag.” This is a potential sanitation violation. We discussed to review the sanitation rule below with staff. 15A NCAC 18A .2822 TOYS, EQUIPMENT AND FURNITURE (a) Toys, equipment, and furniture provided by a child care center shall be kept clean and in good repair. In rooms designated for children who are not toilet trained, toys and other mouth-contact surfaces that are used by children shall be cleaned and then sanitized after each use and when visibly dirty. Toys and other mouth-contact surfaces shall be cleaned and sanitized as follows: (1) the items shall be scrubbed in warm, soapy water, using a brush to reach into any crevices; (2) the items shall be rinsed in clean water; (3) the items shall be submerged in a sanitizing solution for at least two minutes or in accordance with the instructions on the label of the sanitizing solution; and (4) the items shall be air dried. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Indoors, the edge to the diaper changing table measured 4 inches high, rather than at least 6 inches. A teacher sprayed the diaper changing table with disinfectant as she held a child in her arms. The mist from the disinfectant is a potential eye/lung irritant for children. A staff member lifted a child off the top step of the stool at the sink by his wrists. Lifting young children in this manner puts them at risk for joint injury. The teacher reported that on days this group does not go outdoors, the use the climber inside. This climber was placed on a tile floor, rather than a soft surface. Outdoors, this group used the playground with the climber with three yellow slides. The mulch measured 2 inches in depth at the exit of the tube slide and 5 inches in depth at the exit of the wide slide, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” This is a potential licensing violation. Review safe handling of children with staff. This is a licensing violation. Refer to violation item #1867. This is a potential sanitation violation. The sanitation rules must be followed for use of chemicals according to the manufacturer instructions. We discussed to review the use of chemicals with teachers. 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. We discussed to refer to the manufacturer’s instructions for the indoor climber if available. Any fall zone requirements must be met. The equipment must also be age and developmentally appropriate for the children using the equipment. Ms. Payne stated she may look for matting to place around the indoor structure. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (b) All equipment and furnishings shall be in good repair. All commercially manufactured equipment and furnishings shall be assembled and installed according to procedures specified by the manufacturer. For equipment and furnishings purchased after September 1, 2017, that include instructions from the manufacturer, those manufacturer's instructions shall be kept on file at the center, unless they are available electronically for review. Consultation: We discussed the pre-service requirements for administrators form is required to reflect an active administrator prior to the child care facility transitioning to a rated license. We discussed the annual fire inspection is due on or before 1/8/25. You will need to contact the local Fire Marshal for the annual inspection. The original approved inspection must be mailed to the child care consultant within one week. Reminder that the Fire Marshal must also monitor the auxiliary spaces. 10A NCAC 09 .0304 ON-GOING REQUIREMENTS FOR A LICENSE (a) 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. We discussed that the EPR and the EMC plans will be reviewed with all staff at the April 2024 staff meeting. During a future visit, it may be requested by the child care consultant to observe a fire drill, shelter-in-place drill, or lockdown drill. After the rated license is processed, Sidney McCrory will be assigned as your child care consultant. You may reach Ms. McCrory at sidney.mccrory@dhhs.nc.gov or 828.550.7655. 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. 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 4/2/2024 Number Present: 45 Completed Date: 4/2/2024 Age: From 0 To 5 Total Minutes: 165 Time In: 10:15 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of the third temporary time period visit at this program was to conduct limited monitoring of child care requirements and review the Environment Rating Scale assessment scores for the prep year. Chassidy “Missy” Payne, Interim Director, was on-site and available to answer and ask questions. The visit summary was reviewed with you, printed, signed, a copy left with you. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as active-current. If any changes to the organization need to be made, 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 3/8/24. The last shelter-in-place drill was practiced 2/20/24. The last monthly playground inspection was documented on 3/19/24. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior classification. An approved fire inspection was completed on 1/8/24. An approved building inspection was conducted on 10/30/24. Revisions were made by the building inspector on 3/25/24. There are two (2) dates missing from the building inspection for the electrical system and heating/air system. The building inspector was contacted and is allowing the dates from 6/21/04 to be used. The original building inspection was collected today. A zoning letter dated 3/6/24 is on file. Administrative, operational, and personnel policies were submitted and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 12/12/23. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during routine care, free play, transition time, and outdoor play. There were no new staff. One (1) volunteer was on-site. One (1) therapist was on-site. Ms. Payne would like to take the option to transition to a star-rated license based on the previous ownership’s star-rated license points. Based on the change of ownership, the facility would be included in Cohort 1. We discussed the resources available during the 2024-25 assessment year. Plan to visit the North Carolina Rated License Assessment Project (NCRLAP) website, ncrlap.org, for additional information, webinars, and resources. 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: Violation Number Comment Rule 705 Equipment and furnishings were not sturdy, stable and free of hazards. A small, plastic tunnel on outdoor space #2 was cracked and broken on the side, exposing sharp edges. .0601(c) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1 had mulch that measured between 4-5 inches instead of the required 6 inches at the exits of all three slides of the climbing structure. Outdoor space #2 had mulch that measured 5 inches instead of the required 6 inches at the exit of one of three slides. .0605(k)(1-4) Technical assistance for correction plan: Outdoor Surfacing – Corrected During the Visit Excess mulch was raked from under and around the climbing structure to the exits of the slides to allow for at least 6 inches of mulch. We discussed to rake the mulch frequently to be sure fall zones are met for the equipment. It is recommended to replenish mulch as well. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (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; Outdoor Equipment – Corrected During the Visit The small tunnel was moved to the outside of the fenced area to make inaccessible to children. We discussed to have staff remove broken equipment from the play areas as needed and to report any broken equipment to management. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. (d) Staff of the center shall immediately remove all equipment and furnishings that do not meet the requirements of Paragraphs (b) and (c) of this Rule from the premises or make the equipment or furnishings inaccessible to the children. 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 for the facility prior to the visit today was 90%. 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 is recommended to be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Pre-service requirements must be met for all positions. The facility will use the seven (7) points for staff education based on the previous ownership. Program Standards: The average score for the ECERS-R conducted on 3/6/2024 is 5.53 points. The average score for the ITERS-R conducted on 3/5/2024 is 5.52 points. According to the program requirements for the NC Star Rated License: The overall average score (across 2 assessments) is 5.53 points. The lowest classroom score is at least 5.0. For official assessments and reassessments this information will be used by the DCDEE to determine the number of points your program will earn in the Program Standards component of your star rated license. For cohort model programs during the Preparation Year, it is your choice whether the scores will apply to your license or if program planning and enhancement followed by another assessment with official scores is preferred. The facility will use the seven (7) points for program standards based on the previous ownership. The facility will be included in Cohort 1 to resume the next rated license cycle. We discussed resources available during the visit today. The facility is required to meet enhanced space and highest voluntary enhanced (reduced) staff/child ratios. 10A NCAC 09 .2809 ENHANCED SPACE REQUIREMENTS (a) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time. (b) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .2818 ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (c) To earn seven points for program standards, the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 0 to 12 Months 1/4 8 1 to 2 Years 1/5 10 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 6 Years and Older 1/19 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The curriculum being implemented is The Creative Curriculum® for Preschool, 4th Edition Teaching Strategies, Inc., 2002 10A NCAC 09 .2802 APPLICATION FOR A TWO THROUGH FIVE STAR RATED LICENSE (d) Facilities with a four or five-star rated license that are licensed to serve four-year-old children shall implement a curriculum as defined in 10A NCAC 09 .0102(10) with their four year olds. The centers rated license assessment is due once every three years based on the date of the completed Environment Rating Scale scores, if applicable. During the three-year reassessment, the center’s program standards, staff education and a quality point option are determined to award the center’s star level. It is the center operator’s responsibility to maintain the same point level under each component at all times. If changes occur that may affect your rated license, please notify your licensing consultant to inform her of the changes and discuss a plan of action to maintain the center’s star rating. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a) A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. 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. Rated License Consultation and Review of Environment Rating Scale assessment report: ECERS-R Summary Report Scores Under Three (3) Points Item #5 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that the alone space is a space limited to one child. However, the alone space was a wooden cube with solid sides. Children inside could not be seen unless a teacher was positioned directly in front of the opening to the wooden cube.” This is a potential licensing violation. There was no indication on the report staff could not hear or see the children. The cozy cube was removed from the classroom. Adequate supervision was observed during the visit today. It is recommended to review the child care requirements below with staff regarding supervision. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #7 scored two (2) points. Indicator 3.2 was not met. Item #14 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “It was reported that this group uses the playground with the multi colored complex climber. The mulch measured 4-5 inches in depth at the exit points of the slides, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” “There were no safety concerns indoors. Outdoors the safety concern mentioned in item 7 applies here as well.” This is a licensing violation. Refer to item #1867. ITERS-R Summary Report Scores Under Three (3) Points Item #6 scored two (2) points. Indicator 3.3 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “The teacher reported that parents stop at the classroom door when they arrive with their children. She further clarified that parents do not enter the classroom during drop off.” We discussed that parents can come in the classroom and typically the parents choose not to. 10A NCAC 09 .0205 ACCESS TO CHILD CARE CENTER (a) The parent of a child enrolled in a child care center shall be allowed access to the center during its operating hours for the purposes of contacting the child or evaluating caregiving space at the center and the care provided by the center for the child. The parent shall notify the on-site administrator of his or her presence upon entering the premises. Item #7 scored two (2) points. Indicator 3.4 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Towards the end of breakfast as some children remained at the table eating, the one teacher in the classroom assisted other children washing their hands at the sink. At the start of lunch as a child sat at the table eating, a teacher and staff member stood at the sink and assisted children washing their hands while another staff member walked to the meal cart in the hallway. Because the teacher and staff members engaged in other activities away from the table as the children ate, credit could not be earned.” This is a potential licensing violation. Per observations today, the teacher was not involved in a task activity and adequate supervision was provided. When children are eating, supervision rules require that staff must be able to see and hear children. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “All five children present wore diapers. One child left approximately 1 hour after the observation began and diaper changes occurred within the required 2 hour time frame for three remaining children. The observed increment of time a child did not receive a diaper check/change was 2 hours and 36 minutes.” This is a potential licensing violation. We discussed to review when diapers should be changed with staff. 10A NCAC 09 .0806 TOILETING, CLOTHING AND LINENS (a) Diapers shall be changed whenever they become soiled or wet and not on a shift basis. Item #10 scored two (2) points. Indicator 3.1 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Although some mouthed toys were removed, there were several additional mouthed items that were not removed before being used by another child. Some of these included pretend food, cups, sensory bottles, and a bean bag.” This is a potential sanitation violation. We discussed to review the sanitation rule below with staff. 15A NCAC 18A .2822 TOYS, EQUIPMENT AND FURNITURE (a) Toys, equipment, and furniture provided by a child care center shall be kept clean and in good repair. In rooms designated for children who are not toilet trained, toys and other mouth-contact surfaces that are used by children shall be cleaned and then sanitized after each use and when visibly dirty. Toys and other mouth-contact surfaces shall be cleaned and sanitized as follows: (1) the items shall be scrubbed in warm, soapy water, using a brush to reach into any crevices; (2) the items shall be rinsed in clean water; (3) the items shall be submerged in a sanitizing solution for at least two minutes or in accordance with the instructions on the label of the sanitizing solution; and (4) the items shall be air dried. Item #9 scored two (2) points. Indicator 3.2 was not met. Observation notes from the North Carolina Rated License Assessment Project (NCRLAP): “Indoors, the edge to the diaper changing table measured 4 inches high, rather than at least 6 inches. A teacher sprayed the diaper changing table with disinfectant as she held a child in her arms. The mist from the disinfectant is a potential eye/lung irritant for children. A staff member lifted a child off the top step of the stool at the sink by his wrists. Lifting young children in this manner puts them at risk for joint injury. The teacher reported that on days this group does not go outdoors, the use the climber inside. This climber was placed on a tile floor, rather than a soft surface. Outdoors, this group used the playground with the climber with three yellow slides. The mulch measured 2 inches in depth at the exit of the tube slide and 5 inches in depth at the exit of the wide slide, rather than at least 6 inches. Refer to the document, NCRLAP's Requirements for Gross Motor Space and Equipment, for more information.” This is a potential licensing violation. Review safe handling of children with staff. This is a licensing violation. Refer to violation item #1867. This is a potential sanitation violation. The sanitation rules must be followed for use of chemicals according to the manufacturer instructions. We discussed to review the use of chemicals with teachers. 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. We discussed to refer to the manufacturer’s instructions for the indoor climber if available. Any fall zone requirements must be met. The equipment must also be age and developmentally appropriate for the children using the equipment. Ms. Payne stated she may look for matting to place around the indoor structure. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) All child care centers shall provide a safe indoor and outdoor environment for the children in care. (b) All equipment and furnishings shall be in good repair. All commercially manufactured equipment and furnishings shall be assembled and installed according to procedures specified by the manufacturer. For equipment and furnishings purchased after September 1, 2017, that include instructions from the manufacturer, those manufacturer's instructions shall be kept on file at the center, unless they are available electronically for review. Consultation: We discussed the pre-service requirements for administrators form is required to reflect an active administrator prior to the child care facility transitioning to a rated license. We discussed the annual fire inspection is due on or before 1/8/25. You will need to contact the local Fire Marshal for the annual inspection. The original approved inspection must be mailed to the child care consultant within one week. Reminder that the Fire Marshal must also monitor the auxiliary spaces. 10A NCAC 09 .0304 ON-GOING REQUIREMENTS FOR A LICENSE (a) 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. We discussed that the EPR and the EMC plans will be reviewed with all staff at the April 2024 staff meeting. During a future visit, it may be requested by the child care consultant to observe a fire drill, shelter-in-place drill, or lockdown drill. After the rated license is processed, Sidney McCrory will be assigned as your child care consultant. You may reach Ms. McCrory at sidney.mccrory@dhhs.nc.gov or 828.550.7655. 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. 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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 .0510 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 2/13/2024 Number Present: 36 Completed Date: 2/13/2024 Age: From 0 To 4 Total Minutes: 190 Time In: 10:05 AM Time Out: 01:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of the unannounced visit today was to monitor compliance with applicable child care requirements during the second temporary time period visit. The facility is on a temporary license due to a change of ownership. Chassidy Payne, Interim Director, was on-site and available to answer and ask questions. A computerized generated report of today’s visit was unable to be completed A handwritten generated report of today’s visit was reviewed with you, and signed by Monica Houck, Lead Child Care Consultant and signed by Chassidy Payne, during the visit. An electronic signed copy of the visit summary was electronically emailed to Nicole Smith, Legal Operator, and Chassidy Payne. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as suspended. The corporation is required to have a current-active status. Plan to provide updates once the North Carolina Secretary of State website is contacted for further details. If any changes to the organization need to be made, 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 2/9/24. The last lockdown drill was practiced 11/17/23. An emergency drill is due in the month of February 2024. The last monthly playground inspection was documented on 12/20/23. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior rating. An approved fire inspection was completed on 1/8/24. An approved building inspection must be completed during the temporary time period. A zoning letter for the facility must be provided during the temporary time period. Administrative, operational, and personnel policies were submitted and meet all required topics. The Emergency Preparedness Response (EPR) plan has been completed. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed in free play, routine care, lunch, and rest. The lunch today was chicken nuggets, tater tots, peaches, whole wheat bread, and milk. Three (3) children files were monitored. One (1) new staff file was monitored. 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 and be included in the rated license cycle for the previous facility, Cohort 1. A prep year assessment has been ordered for the facility. 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: Violation Number Comment Rule 705 Equipment and furnishings were not sturdy, stable and free of hazards. The chain link fence on both outdoor playground spaces #1 and #2 have rust spots. .0601(c) 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 on both outdoor playground spaces #1 and #2 have areas that measure as low as three (3) feet, seven (7) inches. GS 110-91(6); .0605((i) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last monthly playground inspection was documented as being completed on 12/20/23. .0605(q) 891 The safe sleep policy did not contain the required information. The safe sleep policy is missing the following information: specifying children shall not be swaddled and specifying that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; 10A NCAC 09 .0606(a)(1-8) Technical assistance for correction plan: Item #859 – The last monthly playground inspection was documented on 12/20/23. A playground inspection must be completed monthly. We discussed to record the date on the calendar to complete the monthly playground inspections. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (q) Following completion of playground safety training as required by Rule .1102(e) of this Chapter, a monthly playground inspection shall be conducted by an individual trained in playground safety requirements. A trained administrator or staff person shall make a record of each inspection using a playground inspection checklist provided by the Division. The checklist shall be signed by the person who conducts the inspection and shall be maintained for 12 months in the center's files for review by a representative of the Division. The playground inspection checklist may be found online at https://ncchildcare.ncdhhs.gov/providers/credent.asp. The playground inspection includes a checklist of items related to safety, surfacing, and equipment quality. Item #824 – The fence on both outdoor playground spaces #1 and #2 have areas that measure less than four (4) feet in height, as low as three (3) feet, seven (7) inches. We discussed that a new fence could be installed. It is recommended to have a five (5) foot fence to allow for setting and erosion. Another solution to be in compliance is to install lattice or some other firm material without protrusions to raise the height of the fence to at least four (4) feet. 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. Item #705 – The chain link fence on both outdoor playground spaces #1 and #2 have rust spots. We discussed that spray paint could be used to cover the rust spots on the fence. 10A NCAC 09 .0601 SAFE ENVIRONMENT (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. Item #891 – The safe sleep policy is missing the following information: specifying children shall not be swaddled and specifying that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; We discussed that the safe sleep policy must be revised and the safe sleep policy found on the Division’s website that includes all required information for the safe sleep policy could be adopted. Parents must be provided with a 14 day notice and sign the new safe sleep policy for children ages 12 months and younger. 10A NCAC 09 .0606 SAFE SLEEP PRACTICES (a) Each center licensed to care for infants aged 12 months or younger shall develop, adopt, and comply with a written safe sleep policy that: (3) specifies that children shall not be swaddled; (10) specifies that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; (d) If a center amends its safe sleep policy, it shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The center shall retain the acknowledgement in the child's record as long as the child is enrolled at the center. Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 2/27/24. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: monica.houck@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Monica Houck PO Box 880, Fletcher, NC 28732 Please call me at 828-243-2154, or email monica.houck@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 88%. 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. All staff must have their education evaluated by WORKS. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: Applying for a two through five-star rated license and have the Environment Rating Scale (ERS) assessment is voluntary. *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 being implemented is The Creative Curriculum® for Preschool, 4th Edition Teaching Strategies, Inc., 2002 and was reviewed today during the visit. Consultation: We discussed details about having a non-mobile infant area in space #4. It is recommended to keep the non mobile infant area in the same play area as the other children so that all children can be adequately supervised. There is a crib sleeping area of the room that is not recommended for the non mobile infant area since there are barriers with furniture that would not allow adequate supervision. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. We discussed the screen time rule below. 10A NCAC 09 .0510 ACTIVITY AREAS (d) When preschool children three years old and older are in care the following shall apply: (2) when screen time is provided on any electronic media device with a visual display, it shall be: (A) offered to stimulate a developmental domain in accordance with the North Carolina Foundations for Early Learning and Development as referenced in Rule .0508 of this Section; (B) limited to 30 minutes per day and no more than a total of two and a half hours per week, per child; and (C) documented on a cumulative log or the activity plan that shall be available for review by the Division. Reminder – CPR/First Aid training is due for staff within ninety (90) days of employment. CPR/First Aid training must be renewed on or before the expiration of the certification. Several staff are coming due to renew CPR/First Aid training. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (c) All staff who provide direct care or accompany children when they are off premises shall successfully complete certification in First Aid appropriate to the ages of children in care. The training shall be completed by June 30, 2018, or for new staff hired on or after September 1, 2017, training must be completed within 90 days of employment. Distance learning shall not be permitted for First Aid training. At all times when children are in care at least one staff member present must have successfully completed First Aid training, as evidenced by a certificate or card from an approved training organization. First Aid training shall be renewed on or before expiration of the certification. "Successfully completed" is defined as demonstrating competency, as evaluated by the instructor. Verification of each required staff member's completion of this course from an approved training organization shall be maintained in the staff member's file in the center. The approved training organization list and approved courses can be located on the Division’s website. (d) All staff who provide direct care or accompany children when they are off premises shall successfully complete certification in a cardiopulmonary resuscitation (CPR) course appropriate to the ages of children in care. At all times when children are in care one staff member present must have successfully completed CPR training. The training shall be completed by June 30, 2018 or for new staff hired on or after September 1, 2017 training must be completed within 90 days of employment. Distance learning shall not be permitted for CPR training. CPR training shall be renewed on or before the expiration of the certification. Verification of each staff member's completion of this course from an approved training organization shall be maintained in the staff member's file in the center. The approved training organization list and approved courses can be located on the Division’s website. 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. The North Carolina Early Childhood Equivalency Exam is now available on DCDEE Moodle. Visit the Division’s website to find out more information. Please continue to visit DCDEE’s website to get the latest COVID-19 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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 .0601 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 2/13/2024 Number Present: 36 Completed Date: 2/13/2024 Age: From 0 To 4 Total Minutes: 190 Time In: 10:05 AM Time Out: 01:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of the unannounced visit today was to monitor compliance with applicable child care requirements during the second temporary time period visit. The facility is on a temporary license due to a change of ownership. Chassidy Payne, Interim Director, was on-site and available to answer and ask questions. A computerized generated report of today’s visit was unable to be completed A handwritten generated report of today’s visit was reviewed with you, and signed by Monica Houck, Lead Child Care Consultant and signed by Chassidy Payne, during the visit. An electronic signed copy of the visit summary was electronically emailed to Nicole Smith, Legal Operator, and Chassidy Payne. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as suspended. The corporation is required to have a current-active status. Plan to provide updates once the North Carolina Secretary of State website is contacted for further details. If any changes to the organization need to be made, 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 2/9/24. The last lockdown drill was practiced 11/17/23. An emergency drill is due in the month of February 2024. The last monthly playground inspection was documented on 12/20/23. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior rating. An approved fire inspection was completed on 1/8/24. An approved building inspection must be completed during the temporary time period. A zoning letter for the facility must be provided during the temporary time period. Administrative, operational, and personnel policies were submitted and meet all required topics. The Emergency Preparedness Response (EPR) plan has been completed. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed in free play, routine care, lunch, and rest. The lunch today was chicken nuggets, tater tots, peaches, whole wheat bread, and milk. Three (3) children files were monitored. One (1) new staff file was monitored. 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 and be included in the rated license cycle for the previous facility, Cohort 1. A prep year assessment has been ordered for the facility. 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: Violation Number Comment Rule 705 Equipment and furnishings were not sturdy, stable and free of hazards. The chain link fence on both outdoor playground spaces #1 and #2 have rust spots. .0601(c) 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 on both outdoor playground spaces #1 and #2 have areas that measure as low as three (3) feet, seven (7) inches. GS 110-91(6); .0605((i) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last monthly playground inspection was documented as being completed on 12/20/23. .0605(q) 891 The safe sleep policy did not contain the required information. The safe sleep policy is missing the following information: specifying children shall not be swaddled and specifying that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; 10A NCAC 09 .0606(a)(1-8) Technical assistance for correction plan: Item #859 – The last monthly playground inspection was documented on 12/20/23. A playground inspection must be completed monthly. We discussed to record the date on the calendar to complete the monthly playground inspections. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (q) Following completion of playground safety training as required by Rule .1102(e) of this Chapter, a monthly playground inspection shall be conducted by an individual trained in playground safety requirements. A trained administrator or staff person shall make a record of each inspection using a playground inspection checklist provided by the Division. The checklist shall be signed by the person who conducts the inspection and shall be maintained for 12 months in the center's files for review by a representative of the Division. The playground inspection checklist may be found online at https://ncchildcare.ncdhhs.gov/providers/credent.asp. The playground inspection includes a checklist of items related to safety, surfacing, and equipment quality. Item #824 – The fence on both outdoor playground spaces #1 and #2 have areas that measure less than four (4) feet in height, as low as three (3) feet, seven (7) inches. We discussed that a new fence could be installed. It is recommended to have a five (5) foot fence to allow for setting and erosion. Another solution to be in compliance is to install lattice or some other firm material without protrusions to raise the height of the fence to at least four (4) feet. 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. Item #705 – The chain link fence on both outdoor playground spaces #1 and #2 have rust spots. We discussed that spray paint could be used to cover the rust spots on the fence. 10A NCAC 09 .0601 SAFE ENVIRONMENT (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. Item #891 – The safe sleep policy is missing the following information: specifying children shall not be swaddled and specifying that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; We discussed that the safe sleep policy must be revised and the safe sleep policy found on the Division’s website that includes all required information for the safe sleep policy could be adopted. Parents must be provided with a 14 day notice and sign the new safe sleep policy for children ages 12 months and younger. 10A NCAC 09 .0606 SAFE SLEEP PRACTICES (a) Each center licensed to care for infants aged 12 months or younger shall develop, adopt, and comply with a written safe sleep policy that: (3) specifies that children shall not be swaddled; (10) specifies that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; (d) If a center amends its safe sleep policy, it shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The center shall retain the acknowledgement in the child's record as long as the child is enrolled at the center. Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 2/27/24. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: monica.houck@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Monica Houck PO Box 880, Fletcher, NC 28732 Please call me at 828-243-2154, or email monica.houck@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 88%. 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. All staff must have their education evaluated by WORKS. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: Applying for a two through five-star rated license and have the Environment Rating Scale (ERS) assessment is voluntary. *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 being implemented is The Creative Curriculum® for Preschool, 4th Edition Teaching Strategies, Inc., 2002 and was reviewed today during the visit. Consultation: We discussed details about having a non-mobile infant area in space #4. It is recommended to keep the non mobile infant area in the same play area as the other children so that all children can be adequately supervised. There is a crib sleeping area of the room that is not recommended for the non mobile infant area since there are barriers with furniture that would not allow adequate supervision. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. We discussed the screen time rule below. 10A NCAC 09 .0510 ACTIVITY AREAS (d) When preschool children three years old and older are in care the following shall apply: (2) when screen time is provided on any electronic media device with a visual display, it shall be: (A) offered to stimulate a developmental domain in accordance with the North Carolina Foundations for Early Learning and Development as referenced in Rule .0508 of this Section; (B) limited to 30 minutes per day and no more than a total of two and a half hours per week, per child; and (C) documented on a cumulative log or the activity plan that shall be available for review by the Division. Reminder – CPR/First Aid training is due for staff within ninety (90) days of employment. CPR/First Aid training must be renewed on or before the expiration of the certification. Several staff are coming due to renew CPR/First Aid training. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (c) All staff who provide direct care or accompany children when they are off premises shall successfully complete certification in First Aid appropriate to the ages of children in care. The training shall be completed by June 30, 2018, or for new staff hired on or after September 1, 2017, training must be completed within 90 days of employment. Distance learning shall not be permitted for First Aid training. At all times when children are in care at least one staff member present must have successfully completed First Aid training, as evidenced by a certificate or card from an approved training organization. First Aid training shall be renewed on or before expiration of the certification. "Successfully completed" is defined as demonstrating competency, as evaluated by the instructor. Verification of each required staff member's completion of this course from an approved training organization shall be maintained in the staff member's file in the center. The approved training organization list and approved courses can be located on the Division’s website. (d) All staff who provide direct care or accompany children when they are off premises shall successfully complete certification in a cardiopulmonary resuscitation (CPR) course appropriate to the ages of children in care. At all times when children are in care one staff member present must have successfully completed CPR training. The training shall be completed by June 30, 2018 or for new staff hired on or after September 1, 2017 training must be completed within 90 days of employment. Distance learning shall not be permitted for CPR training. CPR training shall be renewed on or before the expiration of the certification. Verification of each staff member's completion of this course from an approved training organization shall be maintained in the staff member's file in the center. The approved training organization list and approved courses can be located on the Division’s website. 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. The North Carolina Early Childhood Equivalency Exam is now available on DCDEE Moodle. Visit the Division’s website to find out more information. Please continue to visit DCDEE’s website to get the latest COVID-19 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 2/13/2024 Number Present: 36 Completed Date: 2/13/2024 Age: From 0 To 4 Total Minutes: 190 Time In: 10:05 AM Time Out: 01:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of the unannounced visit today was to monitor compliance with applicable child care requirements during the second temporary time period visit. The facility is on a temporary license due to a change of ownership. Chassidy Payne, Interim Director, was on-site and available to answer and ask questions. A computerized generated report of today’s visit was unable to be completed A handwritten generated report of today’s visit was reviewed with you, and signed by Monica Houck, Lead Child Care Consultant and signed by Chassidy Payne, during the visit. An electronic signed copy of the visit summary was electronically emailed to Nicole Smith, Legal Operator, and Chassidy Payne. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as suspended. The corporation is required to have a current-active status. Plan to provide updates once the North Carolina Secretary of State website is contacted for further details. If any changes to the organization need to be made, 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 2/9/24. The last lockdown drill was practiced 11/17/23. An emergency drill is due in the month of February 2024. The last monthly playground inspection was documented on 12/20/23. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior rating. An approved fire inspection was completed on 1/8/24. An approved building inspection must be completed during the temporary time period. A zoning letter for the facility must be provided during the temporary time period. Administrative, operational, and personnel policies were submitted and meet all required topics. The Emergency Preparedness Response (EPR) plan has been completed. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed in free play, routine care, lunch, and rest. The lunch today was chicken nuggets, tater tots, peaches, whole wheat bread, and milk. Three (3) children files were monitored. One (1) new staff file was monitored. 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 and be included in the rated license cycle for the previous facility, Cohort 1. A prep year assessment has been ordered for the facility. 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: Violation Number Comment Rule 705 Equipment and furnishings were not sturdy, stable and free of hazards. The chain link fence on both outdoor playground spaces #1 and #2 have rust spots. .0601(c) 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 on both outdoor playground spaces #1 and #2 have areas that measure as low as three (3) feet, seven (7) inches. GS 110-91(6); .0605((i) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last monthly playground inspection was documented as being completed on 12/20/23. .0605(q) 891 The safe sleep policy did not contain the required information. The safe sleep policy is missing the following information: specifying children shall not be swaddled and specifying that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; 10A NCAC 09 .0606(a)(1-8) Technical assistance for correction plan: Item #859 – The last monthly playground inspection was documented on 12/20/23. A playground inspection must be completed monthly. We discussed to record the date on the calendar to complete the monthly playground inspections. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (q) Following completion of playground safety training as required by Rule .1102(e) of this Chapter, a monthly playground inspection shall be conducted by an individual trained in playground safety requirements. A trained administrator or staff person shall make a record of each inspection using a playground inspection checklist provided by the Division. The checklist shall be signed by the person who conducts the inspection and shall be maintained for 12 months in the center's files for review by a representative of the Division. The playground inspection checklist may be found online at https://ncchildcare.ncdhhs.gov/providers/credent.asp. The playground inspection includes a checklist of items related to safety, surfacing, and equipment quality. Item #824 – The fence on both outdoor playground spaces #1 and #2 have areas that measure less than four (4) feet in height, as low as three (3) feet, seven (7) inches. We discussed that a new fence could be installed. It is recommended to have a five (5) foot fence to allow for setting and erosion. Another solution to be in compliance is to install lattice or some other firm material without protrusions to raise the height of the fence to at least four (4) feet. 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. Item #705 – The chain link fence on both outdoor playground spaces #1 and #2 have rust spots. We discussed that spray paint could be used to cover the rust spots on the fence. 10A NCAC 09 .0601 SAFE ENVIRONMENT (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. Item #891 – The safe sleep policy is missing the following information: specifying children shall not be swaddled and specifying that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; We discussed that the safe sleep policy must be revised and the safe sleep policy found on the Division’s website that includes all required information for the safe sleep policy could be adopted. Parents must be provided with a 14 day notice and sign the new safe sleep policy for children ages 12 months and younger. 10A NCAC 09 .0606 SAFE SLEEP PRACTICES (a) Each center licensed to care for infants aged 12 months or younger shall develop, adopt, and comply with a written safe sleep policy that: (3) specifies that children shall not be swaddled; (10) specifies that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; (d) If a center amends its safe sleep policy, it shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The center shall retain the acknowledgement in the child's record as long as the child is enrolled at the center. Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 2/27/24. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: monica.houck@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Monica Houck PO Box 880, Fletcher, NC 28732 Please call me at 828-243-2154, or email monica.houck@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 88%. 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. All staff must have their education evaluated by WORKS. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: Applying for a two through five-star rated license and have the Environment Rating Scale (ERS) assessment is voluntary. *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 being implemented is The Creative Curriculum® for Preschool, 4th Edition Teaching Strategies, Inc., 2002 and was reviewed today during the visit. Consultation: We discussed details about having a non-mobile infant area in space #4. It is recommended to keep the non mobile infant area in the same play area as the other children so that all children can be adequately supervised. There is a crib sleeping area of the room that is not recommended for the non mobile infant area since there are barriers with furniture that would not allow adequate supervision. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. We discussed the screen time rule below. 10A NCAC 09 .0510 ACTIVITY AREAS (d) When preschool children three years old and older are in care the following shall apply: (2) when screen time is provided on any electronic media device with a visual display, it shall be: (A) offered to stimulate a developmental domain in accordance with the North Carolina Foundations for Early Learning and Development as referenced in Rule .0508 of this Section; (B) limited to 30 minutes per day and no more than a total of two and a half hours per week, per child; and (C) documented on a cumulative log or the activity plan that shall be available for review by the Division. Reminder – CPR/First Aid training is due for staff within ninety (90) days of employment. CPR/First Aid training must be renewed on or before the expiration of the certification. Several staff are coming due to renew CPR/First Aid training. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (c) All staff who provide direct care or accompany children when they are off premises shall successfully complete certification in First Aid appropriate to the ages of children in care. The training shall be completed by June 30, 2018, or for new staff hired on or after September 1, 2017, training must be completed within 90 days of employment. Distance learning shall not be permitted for First Aid training. At all times when children are in care at least one staff member present must have successfully completed First Aid training, as evidenced by a certificate or card from an approved training organization. First Aid training shall be renewed on or before expiration of the certification. "Successfully completed" is defined as demonstrating competency, as evaluated by the instructor. Verification of each required staff member's completion of this course from an approved training organization shall be maintained in the staff member's file in the center. The approved training organization list and approved courses can be located on the Division’s website. (d) All staff who provide direct care or accompany children when they are off premises shall successfully complete certification in a cardiopulmonary resuscitation (CPR) course appropriate to the ages of children in care. At all times when children are in care one staff member present must have successfully completed CPR training. The training shall be completed by June 30, 2018 or for new staff hired on or after September 1, 2017 training must be completed within 90 days of employment. Distance learning shall not be permitted for CPR training. CPR training shall be renewed on or before the expiration of the certification. Verification of each staff member's completion of this course from an approved training organization shall be maintained in the staff member's file in the center. The approved training organization list and approved courses can be located on the Division’s website. 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. The North Carolina Early Childhood Equivalency Exam is now available on DCDEE Moodle. Visit the Division’s website to find out more information. Please continue to visit DCDEE’s website to get the latest COVID-19 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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 .0606 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 2/13/2024 Number Present: 36 Completed Date: 2/13/2024 Age: From 0 To 4 Total Minutes: 190 Time In: 10:05 AM Time Out: 01:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of the unannounced visit today was to monitor compliance with applicable child care requirements during the second temporary time period visit. The facility is on a temporary license due to a change of ownership. Chassidy Payne, Interim Director, was on-site and available to answer and ask questions. A computerized generated report of today’s visit was unable to be completed A handwritten generated report of today’s visit was reviewed with you, and signed by Monica Houck, Lead Child Care Consultant and signed by Chassidy Payne, during the visit. An electronic signed copy of the visit summary was electronically emailed to Nicole Smith, Legal Operator, and Chassidy Payne. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as suspended. The corporation is required to have a current-active status. Plan to provide updates once the North Carolina Secretary of State website is contacted for further details. If any changes to the organization need to be made, 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 2/9/24. The last lockdown drill was practiced 11/17/23. An emergency drill is due in the month of February 2024. The last monthly playground inspection was documented on 12/20/23. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior rating. An approved fire inspection was completed on 1/8/24. An approved building inspection must be completed during the temporary time period. A zoning letter for the facility must be provided during the temporary time period. Administrative, operational, and personnel policies were submitted and meet all required topics. The Emergency Preparedness Response (EPR) plan has been completed. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed in free play, routine care, lunch, and rest. The lunch today was chicken nuggets, tater tots, peaches, whole wheat bread, and milk. Three (3) children files were monitored. One (1) new staff file was monitored. 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 and be included in the rated license cycle for the previous facility, Cohort 1. A prep year assessment has been ordered for the facility. 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: Violation Number Comment Rule 705 Equipment and furnishings were not sturdy, stable and free of hazards. The chain link fence on both outdoor playground spaces #1 and #2 have rust spots. .0601(c) 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 on both outdoor playground spaces #1 and #2 have areas that measure as low as three (3) feet, seven (7) inches. GS 110-91(6); .0605((i) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last monthly playground inspection was documented as being completed on 12/20/23. .0605(q) 891 The safe sleep policy did not contain the required information. The safe sleep policy is missing the following information: specifying children shall not be swaddled and specifying that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; 10A NCAC 09 .0606(a)(1-8) Technical assistance for correction plan: Item #859 – The last monthly playground inspection was documented on 12/20/23. A playground inspection must be completed monthly. We discussed to record the date on the calendar to complete the monthly playground inspections. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (q) Following completion of playground safety training as required by Rule .1102(e) of this Chapter, a monthly playground inspection shall be conducted by an individual trained in playground safety requirements. A trained administrator or staff person shall make a record of each inspection using a playground inspection checklist provided by the Division. The checklist shall be signed by the person who conducts the inspection and shall be maintained for 12 months in the center's files for review by a representative of the Division. The playground inspection checklist may be found online at https://ncchildcare.ncdhhs.gov/providers/credent.asp. The playground inspection includes a checklist of items related to safety, surfacing, and equipment quality. Item #824 – The fence on both outdoor playground spaces #1 and #2 have areas that measure less than four (4) feet in height, as low as three (3) feet, seven (7) inches. We discussed that a new fence could be installed. It is recommended to have a five (5) foot fence to allow for setting and erosion. Another solution to be in compliance is to install lattice or some other firm material without protrusions to raise the height of the fence to at least four (4) feet. 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. Item #705 – The chain link fence on both outdoor playground spaces #1 and #2 have rust spots. We discussed that spray paint could be used to cover the rust spots on the fence. 10A NCAC 09 .0601 SAFE ENVIRONMENT (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. Item #891 – The safe sleep policy is missing the following information: specifying children shall not be swaddled and specifying that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; We discussed that the safe sleep policy must be revised and the safe sleep policy found on the Division’s website that includes all required information for the safe sleep policy could be adopted. Parents must be provided with a 14 day notice and sign the new safe sleep policy for children ages 12 months and younger. 10A NCAC 09 .0606 SAFE SLEEP PRACTICES (a) Each center licensed to care for infants aged 12 months or younger shall develop, adopt, and comply with a written safe sleep policy that: (3) specifies that children shall not be swaddled; (10) specifies that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; (d) If a center amends its safe sleep policy, it shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The center shall retain the acknowledgement in the child's record as long as the child is enrolled at the center. Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 2/27/24. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: monica.houck@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Monica Houck PO Box 880, Fletcher, NC 28732 Please call me at 828-243-2154, or email monica.houck@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 88%. 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. All staff must have their education evaluated by WORKS. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: Applying for a two through five-star rated license and have the Environment Rating Scale (ERS) assessment is voluntary. *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 being implemented is The Creative Curriculum® for Preschool, 4th Edition Teaching Strategies, Inc., 2002 and was reviewed today during the visit. Consultation: We discussed details about having a non-mobile infant area in space #4. It is recommended to keep the non mobile infant area in the same play area as the other children so that all children can be adequately supervised. There is a crib sleeping area of the room that is not recommended for the non mobile infant area since there are barriers with furniture that would not allow adequate supervision. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. We discussed the screen time rule below. 10A NCAC 09 .0510 ACTIVITY AREAS (d) When preschool children three years old and older are in care the following shall apply: (2) when screen time is provided on any electronic media device with a visual display, it shall be: (A) offered to stimulate a developmental domain in accordance with the North Carolina Foundations for Early Learning and Development as referenced in Rule .0508 of this Section; (B) limited to 30 minutes per day and no more than a total of two and a half hours per week, per child; and (C) documented on a cumulative log or the activity plan that shall be available for review by the Division. Reminder – CPR/First Aid training is due for staff within ninety (90) days of employment. CPR/First Aid training must be renewed on or before the expiration of the certification. Several staff are coming due to renew CPR/First Aid training. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (c) All staff who provide direct care or accompany children when they are off premises shall successfully complete certification in First Aid appropriate to the ages of children in care. The training shall be completed by June 30, 2018, or for new staff hired on or after September 1, 2017, training must be completed within 90 days of employment. Distance learning shall not be permitted for First Aid training. At all times when children are in care at least one staff member present must have successfully completed First Aid training, as evidenced by a certificate or card from an approved training organization. First Aid training shall be renewed on or before expiration of the certification. "Successfully completed" is defined as demonstrating competency, as evaluated by the instructor. Verification of each required staff member's completion of this course from an approved training organization shall be maintained in the staff member's file in the center. The approved training organization list and approved courses can be located on the Division’s website. (d) All staff who provide direct care or accompany children when they are off premises shall successfully complete certification in a cardiopulmonary resuscitation (CPR) course appropriate to the ages of children in care. At all times when children are in care one staff member present must have successfully completed CPR training. The training shall be completed by June 30, 2018 or for new staff hired on or after September 1, 2017 training must be completed within 90 days of employment. Distance learning shall not be permitted for CPR training. CPR training shall be renewed on or before the expiration of the certification. Verification of each staff member's completion of this course from an approved training organization shall be maintained in the staff member's file in the center. The approved training organization list and approved courses can be located on the Division’s website. 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. The North Carolina Early Childhood Equivalency Exam is now available on DCDEE Moodle. Visit the Division’s website to find out more information. Please continue to visit DCDEE’s website to get the latest COVID-19 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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 .1102 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 2/13/2024 Number Present: 36 Completed Date: 2/13/2024 Age: From 0 To 4 Total Minutes: 190 Time In: 10:05 AM Time Out: 01:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of the unannounced visit today was to monitor compliance with applicable child care requirements during the second temporary time period visit. The facility is on a temporary license due to a change of ownership. Chassidy Payne, Interim Director, was on-site and available to answer and ask questions. A computerized generated report of today’s visit was unable to be completed A handwritten generated report of today’s visit was reviewed with you, and signed by Monica Houck, Lead Child Care Consultant and signed by Chassidy Payne, during the visit. An electronic signed copy of the visit summary was electronically emailed to Nicole Smith, Legal Operator, and Chassidy Payne. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as suspended. The corporation is required to have a current-active status. Plan to provide updates once the North Carolina Secretary of State website is contacted for further details. If any changes to the organization need to be made, 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 2/9/24. The last lockdown drill was practiced 11/17/23. An emergency drill is due in the month of February 2024. The last monthly playground inspection was documented on 12/20/23. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior rating. An approved fire inspection was completed on 1/8/24. An approved building inspection must be completed during the temporary time period. A zoning letter for the facility must be provided during the temporary time period. Administrative, operational, and personnel policies were submitted and meet all required topics. The Emergency Preparedness Response (EPR) plan has been completed. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed in free play, routine care, lunch, and rest. The lunch today was chicken nuggets, tater tots, peaches, whole wheat bread, and milk. Three (3) children files were monitored. One (1) new staff file was monitored. 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 and be included in the rated license cycle for the previous facility, Cohort 1. A prep year assessment has been ordered for the facility. 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: Violation Number Comment Rule 705 Equipment and furnishings were not sturdy, stable and free of hazards. The chain link fence on both outdoor playground spaces #1 and #2 have rust spots. .0601(c) 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 on both outdoor playground spaces #1 and #2 have areas that measure as low as three (3) feet, seven (7) inches. GS 110-91(6); .0605((i) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last monthly playground inspection was documented as being completed on 12/20/23. .0605(q) 891 The safe sleep policy did not contain the required information. The safe sleep policy is missing the following information: specifying children shall not be swaddled and specifying that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; 10A NCAC 09 .0606(a)(1-8) Technical assistance for correction plan: Item #859 – The last monthly playground inspection was documented on 12/20/23. A playground inspection must be completed monthly. We discussed to record the date on the calendar to complete the monthly playground inspections. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (q) Following completion of playground safety training as required by Rule .1102(e) of this Chapter, a monthly playground inspection shall be conducted by an individual trained in playground safety requirements. A trained administrator or staff person shall make a record of each inspection using a playground inspection checklist provided by the Division. The checklist shall be signed by the person who conducts the inspection and shall be maintained for 12 months in the center's files for review by a representative of the Division. The playground inspection checklist may be found online at https://ncchildcare.ncdhhs.gov/providers/credent.asp. The playground inspection includes a checklist of items related to safety, surfacing, and equipment quality. Item #824 – The fence on both outdoor playground spaces #1 and #2 have areas that measure less than four (4) feet in height, as low as three (3) feet, seven (7) inches. We discussed that a new fence could be installed. It is recommended to have a five (5) foot fence to allow for setting and erosion. Another solution to be in compliance is to install lattice or some other firm material without protrusions to raise the height of the fence to at least four (4) feet. 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. Item #705 – The chain link fence on both outdoor playground spaces #1 and #2 have rust spots. We discussed that spray paint could be used to cover the rust spots on the fence. 10A NCAC 09 .0601 SAFE ENVIRONMENT (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. Item #891 – The safe sleep policy is missing the following information: specifying children shall not be swaddled and specifying that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; We discussed that the safe sleep policy must be revised and the safe sleep policy found on the Division’s website that includes all required information for the safe sleep policy could be adopted. Parents must be provided with a 14 day notice and sign the new safe sleep policy for children ages 12 months and younger. 10A NCAC 09 .0606 SAFE SLEEP PRACTICES (a) Each center licensed to care for infants aged 12 months or younger shall develop, adopt, and comply with a written safe sleep policy that: (3) specifies that children shall not be swaddled; (10) specifies that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; (d) If a center amends its safe sleep policy, it shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The center shall retain the acknowledgement in the child's record as long as the child is enrolled at the center. Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 2/27/24. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: monica.houck@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Monica Houck PO Box 880, Fletcher, NC 28732 Please call me at 828-243-2154, or email monica.houck@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 88%. 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. All staff must have their education evaluated by WORKS. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: Applying for a two through five-star rated license and have the Environment Rating Scale (ERS) assessment is voluntary. *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 being implemented is The Creative Curriculum® for Preschool, 4th Edition Teaching Strategies, Inc., 2002 and was reviewed today during the visit. Consultation: We discussed details about having a non-mobile infant area in space #4. It is recommended to keep the non mobile infant area in the same play area as the other children so that all children can be adequately supervised. There is a crib sleeping area of the room that is not recommended for the non mobile infant area since there are barriers with furniture that would not allow adequate supervision. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. We discussed the screen time rule below. 10A NCAC 09 .0510 ACTIVITY AREAS (d) When preschool children three years old and older are in care the following shall apply: (2) when screen time is provided on any electronic media device with a visual display, it shall be: (A) offered to stimulate a developmental domain in accordance with the North Carolina Foundations for Early Learning and Development as referenced in Rule .0508 of this Section; (B) limited to 30 minutes per day and no more than a total of two and a half hours per week, per child; and (C) documented on a cumulative log or the activity plan that shall be available for review by the Division. Reminder – CPR/First Aid training is due for staff within ninety (90) days of employment. CPR/First Aid training must be renewed on or before the expiration of the certification. Several staff are coming due to renew CPR/First Aid training. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (c) All staff who provide direct care or accompany children when they are off premises shall successfully complete certification in First Aid appropriate to the ages of children in care. The training shall be completed by June 30, 2018, or for new staff hired on or after September 1, 2017, training must be completed within 90 days of employment. Distance learning shall not be permitted for First Aid training. At all times when children are in care at least one staff member present must have successfully completed First Aid training, as evidenced by a certificate or card from an approved training organization. First Aid training shall be renewed on or before expiration of the certification. "Successfully completed" is defined as demonstrating competency, as evaluated by the instructor. Verification of each required staff member's completion of this course from an approved training organization shall be maintained in the staff member's file in the center. The approved training organization list and approved courses can be located on the Division’s website. (d) All staff who provide direct care or accompany children when they are off premises shall successfully complete certification in a cardiopulmonary resuscitation (CPR) course appropriate to the ages of children in care. At all times when children are in care one staff member present must have successfully completed CPR training. The training shall be completed by June 30, 2018 or for new staff hired on or after September 1, 2017 training must be completed within 90 days of employment. Distance learning shall not be permitted for CPR training. CPR training shall be renewed on or before the expiration of the certification. Verification of each staff member's completion of this course from an approved training organization shall be maintained in the staff member's file in the center. The approved training organization list and approved courses can be located on the Division’s website. 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. The North Carolina Early Childhood Equivalency Exam is now available on DCDEE Moodle. Visit the Division’s website to find out more information. Please continue to visit DCDEE’s website to get the latest COVID-19 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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 .1801 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 2/13/2024 Number Present: 36 Completed Date: 2/13/2024 Age: From 0 To 4 Total Minutes: 190 Time In: 10:05 AM Time Out: 01:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of the unannounced visit today was to monitor compliance with applicable child care requirements during the second temporary time period visit. The facility is on a temporary license due to a change of ownership. Chassidy Payne, Interim Director, was on-site and available to answer and ask questions. A computerized generated report of today’s visit was unable to be completed A handwritten generated report of today’s visit was reviewed with you, and signed by Monica Houck, Lead Child Care Consultant and signed by Chassidy Payne, during the visit. An electronic signed copy of the visit summary was electronically emailed to Nicole Smith, Legal Operator, and Chassidy Payne. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as suspended. The corporation is required to have a current-active status. Plan to provide updates once the North Carolina Secretary of State website is contacted for further details. If any changes to the organization need to be made, 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 2/9/24. The last lockdown drill was practiced 11/17/23. An emergency drill is due in the month of February 2024. The last monthly playground inspection was documented on 12/20/23. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior rating. An approved fire inspection was completed on 1/8/24. An approved building inspection must be completed during the temporary time period. A zoning letter for the facility must be provided during the temporary time period. Administrative, operational, and personnel policies were submitted and meet all required topics. The Emergency Preparedness Response (EPR) plan has been completed. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed in free play, routine care, lunch, and rest. The lunch today was chicken nuggets, tater tots, peaches, whole wheat bread, and milk. Three (3) children files were monitored. One (1) new staff file was monitored. 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 and be included in the rated license cycle for the previous facility, Cohort 1. A prep year assessment has been ordered for the facility. 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: Violation Number Comment Rule 705 Equipment and furnishings were not sturdy, stable and free of hazards. The chain link fence on both outdoor playground spaces #1 and #2 have rust spots. .0601(c) 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 on both outdoor playground spaces #1 and #2 have areas that measure as low as three (3) feet, seven (7) inches. GS 110-91(6); .0605((i) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last monthly playground inspection was documented as being completed on 12/20/23. .0605(q) 891 The safe sleep policy did not contain the required information. The safe sleep policy is missing the following information: specifying children shall not be swaddled and specifying that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; 10A NCAC 09 .0606(a)(1-8) Technical assistance for correction plan: Item #859 – The last monthly playground inspection was documented on 12/20/23. A playground inspection must be completed monthly. We discussed to record the date on the calendar to complete the monthly playground inspections. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (q) Following completion of playground safety training as required by Rule .1102(e) of this Chapter, a monthly playground inspection shall be conducted by an individual trained in playground safety requirements. A trained administrator or staff person shall make a record of each inspection using a playground inspection checklist provided by the Division. The checklist shall be signed by the person who conducts the inspection and shall be maintained for 12 months in the center's files for review by a representative of the Division. The playground inspection checklist may be found online at https://ncchildcare.ncdhhs.gov/providers/credent.asp. The playground inspection includes a checklist of items related to safety, surfacing, and equipment quality. Item #824 – The fence on both outdoor playground spaces #1 and #2 have areas that measure less than four (4) feet in height, as low as three (3) feet, seven (7) inches. We discussed that a new fence could be installed. It is recommended to have a five (5) foot fence to allow for setting and erosion. Another solution to be in compliance is to install lattice or some other firm material without protrusions to raise the height of the fence to at least four (4) feet. 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. Item #705 – The chain link fence on both outdoor playground spaces #1 and #2 have rust spots. We discussed that spray paint could be used to cover the rust spots on the fence. 10A NCAC 09 .0601 SAFE ENVIRONMENT (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. Item #891 – The safe sleep policy is missing the following information: specifying children shall not be swaddled and specifying that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; We discussed that the safe sleep policy must be revised and the safe sleep policy found on the Division’s website that includes all required information for the safe sleep policy could be adopted. Parents must be provided with a 14 day notice and sign the new safe sleep policy for children ages 12 months and younger. 10A NCAC 09 .0606 SAFE SLEEP PRACTICES (a) Each center licensed to care for infants aged 12 months or younger shall develop, adopt, and comply with a written safe sleep policy that: (3) specifies that children shall not be swaddled; (10) specifies that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; (d) If a center amends its safe sleep policy, it shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The center shall retain the acknowledgement in the child's record as long as the child is enrolled at the center. Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 2/27/24. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: monica.houck@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Monica Houck PO Box 880, Fletcher, NC 28732 Please call me at 828-243-2154, or email monica.houck@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 88%. 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. All staff must have their education evaluated by WORKS. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: Applying for a two through five-star rated license and have the Environment Rating Scale (ERS) assessment is voluntary. *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 being implemented is The Creative Curriculum® for Preschool, 4th Edition Teaching Strategies, Inc., 2002 and was reviewed today during the visit. Consultation: We discussed details about having a non-mobile infant area in space #4. It is recommended to keep the non mobile infant area in the same play area as the other children so that all children can be adequately supervised. There is a crib sleeping area of the room that is not recommended for the non mobile infant area since there are barriers with furniture that would not allow adequate supervision. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. We discussed the screen time rule below. 10A NCAC 09 .0510 ACTIVITY AREAS (d) When preschool children three years old and older are in care the following shall apply: (2) when screen time is provided on any electronic media device with a visual display, it shall be: (A) offered to stimulate a developmental domain in accordance with the North Carolina Foundations for Early Learning and Development as referenced in Rule .0508 of this Section; (B) limited to 30 minutes per day and no more than a total of two and a half hours per week, per child; and (C) documented on a cumulative log or the activity plan that shall be available for review by the Division. Reminder – CPR/First Aid training is due for staff within ninety (90) days of employment. CPR/First Aid training must be renewed on or before the expiration of the certification. Several staff are coming due to renew CPR/First Aid training. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (c) All staff who provide direct care or accompany children when they are off premises shall successfully complete certification in First Aid appropriate to the ages of children in care. The training shall be completed by June 30, 2018, or for new staff hired on or after September 1, 2017, training must be completed within 90 days of employment. Distance learning shall not be permitted for First Aid training. At all times when children are in care at least one staff member present must have successfully completed First Aid training, as evidenced by a certificate or card from an approved training organization. First Aid training shall be renewed on or before expiration of the certification. "Successfully completed" is defined as demonstrating competency, as evaluated by the instructor. Verification of each required staff member's completion of this course from an approved training organization shall be maintained in the staff member's file in the center. The approved training organization list and approved courses can be located on the Division’s website. (d) All staff who provide direct care or accompany children when they are off premises shall successfully complete certification in a cardiopulmonary resuscitation (CPR) course appropriate to the ages of children in care. At all times when children are in care one staff member present must have successfully completed CPR training. The training shall be completed by June 30, 2018 or for new staff hired on or after September 1, 2017 training must be completed within 90 days of employment. Distance learning shall not be permitted for CPR training. CPR training shall be renewed on or before the expiration of the certification. Verification of each staff member's completion of this course from an approved training organization shall be maintained in the staff member's file in the center. The approved training organization list and approved courses can be located on the Division’s website. 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. The North Carolina Early Childhood Equivalency Exam is now available on DCDEE Moodle. Visit the Division’s website to find out more information. Please continue to visit DCDEE’s website to get the latest COVID-19 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 2/13/2024 Number Present: 36 Completed Date: 2/13/2024 Age: From 0 To 4 Total Minutes: 190 Time In: 10:05 AM Time Out: 01:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of the unannounced visit today was to monitor compliance with applicable child care requirements during the second temporary time period visit. The facility is on a temporary license due to a change of ownership. Chassidy Payne, Interim Director, was on-site and available to answer and ask questions. A computerized generated report of today’s visit was unable to be completed A handwritten generated report of today’s visit was reviewed with you, and signed by Monica Houck, Lead Child Care Consultant and signed by Chassidy Payne, during the visit. An electronic signed copy of the visit summary was electronically emailed to Nicole Smith, Legal Operator, and Chassidy Payne. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as suspended. The corporation is required to have a current-active status. Plan to provide updates once the North Carolina Secretary of State website is contacted for further details. If any changes to the organization need to be made, 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 2/9/24. The last lockdown drill was practiced 11/17/23. An emergency drill is due in the month of February 2024. The last monthly playground inspection was documented on 12/20/23. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior rating. An approved fire inspection was completed on 1/8/24. An approved building inspection must be completed during the temporary time period. A zoning letter for the facility must be provided during the temporary time period. Administrative, operational, and personnel policies were submitted and meet all required topics. The Emergency Preparedness Response (EPR) plan has been completed. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed in free play, routine care, lunch, and rest. The lunch today was chicken nuggets, tater tots, peaches, whole wheat bread, and milk. Three (3) children files were monitored. One (1) new staff file was monitored. 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 and be included in the rated license cycle for the previous facility, Cohort 1. A prep year assessment has been ordered for the facility. 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: Violation Number Comment Rule 705 Equipment and furnishings were not sturdy, stable and free of hazards. The chain link fence on both outdoor playground spaces #1 and #2 have rust spots. .0601(c) 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 on both outdoor playground spaces #1 and #2 have areas that measure as low as three (3) feet, seven (7) inches. GS 110-91(6); .0605((i) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last monthly playground inspection was documented as being completed on 12/20/23. .0605(q) 891 The safe sleep policy did not contain the required information. The safe sleep policy is missing the following information: specifying children shall not be swaddled and specifying that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; 10A NCAC 09 .0606(a)(1-8) Technical assistance for correction plan: Item #859 – The last monthly playground inspection was documented on 12/20/23. A playground inspection must be completed monthly. We discussed to record the date on the calendar to complete the monthly playground inspections. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (q) Following completion of playground safety training as required by Rule .1102(e) of this Chapter, a monthly playground inspection shall be conducted by an individual trained in playground safety requirements. A trained administrator or staff person shall make a record of each inspection using a playground inspection checklist provided by the Division. The checklist shall be signed by the person who conducts the inspection and shall be maintained for 12 months in the center's files for review by a representative of the Division. The playground inspection checklist may be found online at https://ncchildcare.ncdhhs.gov/providers/credent.asp. The playground inspection includes a checklist of items related to safety, surfacing, and equipment quality. Item #824 – The fence on both outdoor playground spaces #1 and #2 have areas that measure less than four (4) feet in height, as low as three (3) feet, seven (7) inches. We discussed that a new fence could be installed. It is recommended to have a five (5) foot fence to allow for setting and erosion. Another solution to be in compliance is to install lattice or some other firm material without protrusions to raise the height of the fence to at least four (4) feet. 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. Item #705 – The chain link fence on both outdoor playground spaces #1 and #2 have rust spots. We discussed that spray paint could be used to cover the rust spots on the fence. 10A NCAC 09 .0601 SAFE ENVIRONMENT (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. Item #891 – The safe sleep policy is missing the following information: specifying children shall not be swaddled and specifying that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; We discussed that the safe sleep policy must be revised and the safe sleep policy found on the Division’s website that includes all required information for the safe sleep policy could be adopted. Parents must be provided with a 14 day notice and sign the new safe sleep policy for children ages 12 months and younger. 10A NCAC 09 .0606 SAFE SLEEP PRACTICES (a) Each center licensed to care for infants aged 12 months or younger shall develop, adopt, and comply with a written safe sleep policy that: (3) specifies that children shall not be swaddled; (10) specifies that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; (d) If a center amends its safe sleep policy, it shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The center shall retain the acknowledgement in the child's record as long as the child is enrolled at the center. Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 2/27/24. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: monica.houck@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Monica Houck PO Box 880, Fletcher, NC 28732 Please call me at 828-243-2154, or email monica.houck@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 88%. 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. All staff must have their education evaluated by WORKS. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: Applying for a two through five-star rated license and have the Environment Rating Scale (ERS) assessment is voluntary. *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 being implemented is The Creative Curriculum® for Preschool, 4th Edition Teaching Strategies, Inc., 2002 and was reviewed today during the visit. Consultation: We discussed details about having a non-mobile infant area in space #4. It is recommended to keep the non mobile infant area in the same play area as the other children so that all children can be adequately supervised. There is a crib sleeping area of the room that is not recommended for the non mobile infant area since there are barriers with furniture that would not allow adequate supervision. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. We discussed the screen time rule below. 10A NCAC 09 .0510 ACTIVITY AREAS (d) When preschool children three years old and older are in care the following shall apply: (2) when screen time is provided on any electronic media device with a visual display, it shall be: (A) offered to stimulate a developmental domain in accordance with the North Carolina Foundations for Early Learning and Development as referenced in Rule .0508 of this Section; (B) limited to 30 minutes per day and no more than a total of two and a half hours per week, per child; and (C) documented on a cumulative log or the activity plan that shall be available for review by the Division. Reminder – CPR/First Aid training is due for staff within ninety (90) days of employment. CPR/First Aid training must be renewed on or before the expiration of the certification. Several staff are coming due to renew CPR/First Aid training. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (c) All staff who provide direct care or accompany children when they are off premises shall successfully complete certification in First Aid appropriate to the ages of children in care. The training shall be completed by June 30, 2018, or for new staff hired on or after September 1, 2017, training must be completed within 90 days of employment. Distance learning shall not be permitted for First Aid training. At all times when children are in care at least one staff member present must have successfully completed First Aid training, as evidenced by a certificate or card from an approved training organization. First Aid training shall be renewed on or before expiration of the certification. "Successfully completed" is defined as demonstrating competency, as evaluated by the instructor. Verification of each required staff member's completion of this course from an approved training organization shall be maintained in the staff member's file in the center. The approved training organization list and approved courses can be located on the Division’s website. (d) All staff who provide direct care or accompany children when they are off premises shall successfully complete certification in a cardiopulmonary resuscitation (CPR) course appropriate to the ages of children in care. At all times when children are in care one staff member present must have successfully completed CPR training. The training shall be completed by June 30, 2018 or for new staff hired on or after September 1, 2017 training must be completed within 90 days of employment. Distance learning shall not be permitted for CPR training. CPR training shall be renewed on or before the expiration of the certification. Verification of each staff member's completion of this course from an approved training organization shall be maintained in the staff member's file in the center. The approved training organization list and approved courses can be located on the Division’s website. 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. The North Carolina Early Childhood Equivalency Exam is now available on DCDEE Moodle. Visit the Division’s website to find out more information. Please continue to visit DCDEE’s website to get the latest COVID-19 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 2/13/2024 Number Present: 36 Completed Date: 2/13/2024 Age: From 0 To 4 Total Minutes: 190 Time In: 10:05 AM Time Out: 01:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of the unannounced visit today was to monitor compliance with applicable child care requirements during the second temporary time period visit. The facility is on a temporary license due to a change of ownership. Chassidy Payne, Interim Director, was on-site and available to answer and ask questions. A computerized generated report of today’s visit was unable to be completed A handwritten generated report of today’s visit was reviewed with you, and signed by Monica Houck, Lead Child Care Consultant and signed by Chassidy Payne, during the visit. An electronic signed copy of the visit summary was electronically emailed to Nicole Smith, Legal Operator, and Chassidy Payne. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as suspended. The corporation is required to have a current-active status. Plan to provide updates once the North Carolina Secretary of State website is contacted for further details. If any changes to the organization need to be made, 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 2/9/24. The last lockdown drill was practiced 11/17/23. An emergency drill is due in the month of February 2024. The last monthly playground inspection was documented on 12/20/23. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior rating. An approved fire inspection was completed on 1/8/24. An approved building inspection must be completed during the temporary time period. A zoning letter for the facility must be provided during the temporary time period. Administrative, operational, and personnel policies were submitted and meet all required topics. The Emergency Preparedness Response (EPR) plan has been completed. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed in free play, routine care, lunch, and rest. The lunch today was chicken nuggets, tater tots, peaches, whole wheat bread, and milk. Three (3) children files were monitored. One (1) new staff file was monitored. 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 and be included in the rated license cycle for the previous facility, Cohort 1. A prep year assessment has been ordered for the facility. 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: Violation Number Comment Rule 705 Equipment and furnishings were not sturdy, stable and free of hazards. The chain link fence on both outdoor playground spaces #1 and #2 have rust spots. .0601(c) 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 on both outdoor playground spaces #1 and #2 have areas that measure as low as three (3) feet, seven (7) inches. GS 110-91(6); .0605((i) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last monthly playground inspection was documented as being completed on 12/20/23. .0605(q) 891 The safe sleep policy did not contain the required information. The safe sleep policy is missing the following information: specifying children shall not be swaddled and specifying that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; 10A NCAC 09 .0606(a)(1-8) Technical assistance for correction plan: Item #859 – The last monthly playground inspection was documented on 12/20/23. A playground inspection must be completed monthly. We discussed to record the date on the calendar to complete the monthly playground inspections. 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (q) Following completion of playground safety training as required by Rule .1102(e) of this Chapter, a monthly playground inspection shall be conducted by an individual trained in playground safety requirements. A trained administrator or staff person shall make a record of each inspection using a playground inspection checklist provided by the Division. The checklist shall be signed by the person who conducts the inspection and shall be maintained for 12 months in the center's files for review by a representative of the Division. The playground inspection checklist may be found online at https://ncchildcare.ncdhhs.gov/providers/credent.asp. The playground inspection includes a checklist of items related to safety, surfacing, and equipment quality. Item #824 – The fence on both outdoor playground spaces #1 and #2 have areas that measure less than four (4) feet in height, as low as three (3) feet, seven (7) inches. We discussed that a new fence could be installed. It is recommended to have a five (5) foot fence to allow for setting and erosion. Another solution to be in compliance is to install lattice or some other firm material without protrusions to raise the height of the fence to at least four (4) feet. 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. Item #705 – The chain link fence on both outdoor playground spaces #1 and #2 have rust spots. We discussed that spray paint could be used to cover the rust spots on the fence. 10A NCAC 09 .0601 SAFE ENVIRONMENT (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. Item #891 – The safe sleep policy is missing the following information: specifying children shall not be swaddled and specifying that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; We discussed that the safe sleep policy must be revised and the safe sleep policy found on the Division’s website that includes all required information for the safe sleep policy could be adopted. Parents must be provided with a 14 day notice and sign the new safe sleep policy for children ages 12 months and younger. 10A NCAC 09 .0606 SAFE SLEEP PRACTICES (a) Each center licensed to care for infants aged 12 months or younger shall develop, adopt, and comply with a written safe sleep policy that: (3) specifies that children shall not be swaddled; (10) specifies that infants aged 12 months or younger are prohibited from sleeping in sitting devices, including car safety seats, strollers, swings, and infant carriers. Infants that fall asleep in sitting devices shall be moved to a crib, bassinet, play pen, mat, or cot; (d) If a center amends its safe sleep policy, it shall give written notice of the amendment to the parents of all enrolled infants aged 12 months or younger at least 14 days before the amended policy is implemented. Each parent shall sign a statement acknowledging the receipt and explanation of the amendment. The center shall retain the acknowledgement in the child's record as long as the child is enrolled at the center. Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 2/27/24. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: monica.houck@dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Monica Houck PO Box 880, Fletcher, NC 28732 Please call me at 828-243-2154, or email monica.houck@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 88%. 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. All staff must have their education evaluated by WORKS. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: Applying for a two through five-star rated license and have the Environment Rating Scale (ERS) assessment is voluntary. *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 being implemented is The Creative Curriculum® for Preschool, 4th Edition Teaching Strategies, Inc., 2002 and was reviewed today during the visit. Consultation: We discussed details about having a non-mobile infant area in space #4. It is recommended to keep the non mobile infant area in the same play area as the other children so that all children can be adequately supervised. There is a crib sleeping area of the room that is not recommended for the non mobile infant area since there are barriers with furniture that would not allow adequate supervision. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS (a) 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. We discussed the screen time rule below. 10A NCAC 09 .0510 ACTIVITY AREAS (d) When preschool children three years old and older are in care the following shall apply: (2) when screen time is provided on any electronic media device with a visual display, it shall be: (A) offered to stimulate a developmental domain in accordance with the North Carolina Foundations for Early Learning and Development as referenced in Rule .0508 of this Section; (B) limited to 30 minutes per day and no more than a total of two and a half hours per week, per child; and (C) documented on a cumulative log or the activity plan that shall be available for review by the Division. Reminder – CPR/First Aid training is due for staff within ninety (90) days of employment. CPR/First Aid training must be renewed on or before the expiration of the certification. Several staff are coming due to renew CPR/First Aid training. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (c) All staff who provide direct care or accompany children when they are off premises shall successfully complete certification in First Aid appropriate to the ages of children in care. The training shall be completed by June 30, 2018, or for new staff hired on or after September 1, 2017, training must be completed within 90 days of employment. Distance learning shall not be permitted for First Aid training. At all times when children are in care at least one staff member present must have successfully completed First Aid training, as evidenced by a certificate or card from an approved training organization. First Aid training shall be renewed on or before expiration of the certification. "Successfully completed" is defined as demonstrating competency, as evaluated by the instructor. Verification of each required staff member's completion of this course from an approved training organization shall be maintained in the staff member's file in the center. The approved training organization list and approved courses can be located on the Division’s website. (d) All staff who provide direct care or accompany children when they are off premises shall successfully complete certification in a cardiopulmonary resuscitation (CPR) course appropriate to the ages of children in care. At all times when children are in care one staff member present must have successfully completed CPR training. The training shall be completed by June 30, 2018 or for new staff hired on or after September 1, 2017 training must be completed within 90 days of employment. Distance learning shall not be permitted for CPR training. CPR training shall be renewed on or before the expiration of the certification. Verification of each staff member's completion of this course from an approved training organization shall be maintained in the staff member's file in the center. The approved training organization list and approved courses can be located on the Division’s website. 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. The North Carolina Early Childhood Equivalency Exam is now available on DCDEE Moodle. Visit the Division’s website to find out more information. Please continue to visit DCDEE’s website to get the latest COVID-19 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 monica.houck@dhhs.nc.gov or 828.243.2154, 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 .0601 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: SIDNEY MCCRORY Operation Type: Center Case Number: Visit Date: 12/14/2023 Number Present: 32 Completed Date: 12/14/2023 Age: From 0 To 5 Total Minutes: 340 Time In: 11:05 AM Time Out: 04:45 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 all applicable child care requirements during the first temporary time period visit. This facility is on a temporary license due to a change of ownership. Missy Payne, Interim Administrator, was on-site and available to answer and ask questions. Sarah Upton, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Sidney McCrory, Child Care Consultant, Sarah Upton, Child Care Consultant and signed by Missy Payne, Interim Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to Nicole Smith, Legal Operator. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed 12/14/23, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as active-current. If any changes to the organization need to be made or you decide to sell your 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 11/17/23. The last shelter-in-place drill or lockdown drill was practiced 11/17/23. The last monthly playground inspection was documented on 11/28/23. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior rating. An approved fire inspection must completed during the temporary time period. An approved building inspection must be completed during the temporary time period. A zoning letter for the facility must be provided during the temporary time period. Administrative, operational, and personnel policies must meet all required topics. Operational and personnel policies have been submitted and reviewed. Clarifications or revisions are needed. The administrative policies must be submitted for review. The administrative, operational, and administrative policies must meet all required topics prior to the expiration of the temporary license. The Emergency Preparedness Response (EPR) plan must be completed on or before 3/1/24. Nicole Smith, Legal Operator, completed EPR training on 3/8/18 and Missy Payne, Interim Administrator, completed EPR training on 7/14/16. The emergency medical care (EMC) plan was posted as of 11/6/23. The incident log was in use. The children were observed in space four (4) engaged with teachers on the floor playing with each other. In space two (2) children were observed washing hands and sitting at the table for lunch. While waiting for lunch the teacher showed pictures of other children performing motions. The class of two-year-olds children would then replicate the motions with their teachers. Three (3) children files were monitored. There are seventeen (17) staff. Seventeen (17) staff files were monitored. 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 five-star rating and be included in the rated license cycle for the previous facility, Cohort 1. It is recommended to request a prep year assessment for the facility while on a temporary license. 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. You may also request an Outreach Assessment through the North Carolina Rated License Assessment Project (NCRLAP). 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 603 All floors and floor coverings were not constructed of nonabsorbant, easily cleanable material.Both bathrooms in space two (2) have tile around the toilets in poor repair. there is stain and chipping of the tiles. 15A NCAC 18A .2824(a)&(b) 620 All walls and ceilings including doors and windows were not kept clean and in good repair. In space one (1) and two (2) eight (8) ceiling tiles have water damage. The seal on the column in space two (2) at the back of the room is not sealed off so cold air is flowing through. The back door space in the same area is covered in tape and the seal is in poor repair. 15A NCAC 18A .2825(a) 721 All equipment and furnishings were not in good repair. Chairs in space three (3) and one (1) were in poor repair and were unclean with chipping pain G.S. 110-91(6); .0601(b) 807 A safe indoor and outdoor environment was not provided for the children. Two (2) toys were in poor repair on the playground and wet towels were laying on the ground. 10A NCAC 09 .0601(a) 808 The outdoor premises were not clean, drained and free of litter and hazardous materials grass and other vegetation in a manner which does not encourage vermin. Mole tracks were so abundant on the playground that children’s feet can sink through tracks and cause tripping. Black mats are stacked in the back corner of playground two (2) which can encourage the harborage of vermin. Equipment trike and broken wheels not in good repair were on the playground. The Play structure that has recently been painted on Playground one (1) has chipping paint in the newly painted areas. The two gates on Playground two (2) have rusted and needs to be repaired. 15A NCAC 18A .2832(a) 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. Five (5) batteries were found in unlocked space in classroom number one (1). .2820(b) Technical assistance for correction plan: Safe Indoor/Outdoor Environment Item 807-A safe indoor and outdoor environment was not provided for the children. Note: Two (2) toys were in poor repair on the playground and wet towels were laying on the ground. The large structure on playground one (1) had chipping paint where it had previously been corrected. The paint did not adhere to the metal. According to 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. (b) All equipment and furnishings shall be in good repair. All commercially manufactured equipment and furnishings shall be assembled and installed according to procedures specified by the manufacturer. For equipment and furnishings purchased after September 1, 2017, the manufacturer’s instructions shall be kept on file or electronically accessible, if available. (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. (d) All broken equipment or furnishings referenced in Paragraph (c) of this Rule shall be removed from the premises immediately or made inaccessible to the children. (e) Each child care center shall provide equipment and furnishings that are child-size or that can be adapted use by children. Chairs and tables shall be of appropriate height for the children who will be using them. Item 0808- The outdoor premises were not clean, drained and free of litter and hazardous materials, grass and other vegetation in a manner which does not encourage vermin. Note: Mole tracks were so abundant on the playground that children’s feet can sink through tracks and cause tripping. Black mats are stacked in the back corner of playground two (2) which can encourage the harborage of vermin. Equipment trike and broken wheels not in good repair were on the playground. The Play structure that has recently been painted on Playground one (1) has chipping paint in the newly painted areas. The two gates on Playground two (2) have rusted and needs to be repaired. According to 15A NCAC 18A .2832 OUTDOOR LEARNING ENVIRONMENT AND PREMISES (a) At child care centers, the premises, including the outdoor learning environment, shall be kept clean, drained to minimize standing water, free of litter and hazardous materials, and maintained in a manner which does not encourage the harborage of vermin. All debris, glass, dilapidated structures and broken play equipment shall be removed. Wells, grease traps, cisterns and utility equipment shall be made inaccessible to children. (b) Sand toys, water tables and other items that can collect standing water in the outdoor learning environment shall be emptied and stored to prevent standing water. (c) For outdoor play equipment, including all structures accessible to children, the following shall apply: (1) Equipment shall be kept in good repair, free of peeling, flaking, or chalking paint and free of rust and corrosion; (2) The sandbox used in outdoor play shall be constructed to allow for drainage and shall be covered when not in use and kept clean. (d) If a daily air quality forecast is made by the Division of Air Quality or the regional air quality agency for the county where a center is located, outdoor activity for children shall be restricted as follows. On days with a code orange (unhealthy for sensitive groups) forecast, children shall not be outside participating in physical activity between noon and 8:00 p.m. for more than one hour. On days with a code red (unhealthy) forecast, children shall not be outside participating in physical activity between noon and 8:00 p.m. for more than 15 minutes. On days with a code purple (very unhealthy) forecast, children shall not be outside participating in physical activity between noon and 8:00 p.m. Provisions shall be made to allow children with diagnosed asthma or with coughing or wheezing symptoms to participate in physical activity indoors on days with a code orange, red or purple air quality forecast. (e) When food service is provided in the outdoor learning environment, food shall be protected, stored, prepared and served in accordance with 15A NCAC 18A .2806, .2807 and .2808. Employees and children shall wash hands in accordance with 15A NCAC 18A .2803 and food service tables shall be cleaned or covered prior to use. (f) When diapering and toileting facilities are provided in the outdoor learning environment, they shall be maintained in accordance with 15A NCAC 18A .2817 and .2819 and employees and children shall wash hands in accordance with 15A NCAC 18A .2803. (g) Storage provided outdoors for children's toys shall be kept clean. Storage areas that are accessible to children shall be kept free of hazardous equipment and substances in accordance with 15A NCAC 18A .2820. Storage areas shall meet requirements for lighting in accordance with 15A NCAC 18A .2826 by means of opening doors, windows, sky lights, battery operated light, flashlight or electric lighting. Spare batteries shall be available for battery operated light fixtures and flashlights. (h) Outdoor water activity centers shall be maintained in accordance with 15A NCAC 18A .2822. Flow through water play systems shall be designed to minimize standing water. Employees and children shall wash hands in accordance with 15A NCAC 18A .2803 before and after water play. (i) Central vacuums that exhaust to the outdoors away from children may be used in lieu of HEPA vacuum cleaners to meet the daily vacuuming requirements in Rule .2824(c). Item 603 all floors and floor coverings shall be kept clean, free of stains and free of chipping and missing pieces. Note: Both bathrooms in space two (2) have tile around the toilets in poor repair. there is stain and chipping of the tiles. According to 15A NCAC 18A .2824 FLOORS (a) In child care centers, floors and floor coverings in food preparation, food storage, utensil washing, toilet rooms, and laundry areas shall be constructed of nonabsorbent material and shall be kept clean and in good repair. Walls and ceilings not in good repair Item 620- All walls and ceilings, including doors and windows, were not kept clean and in good repair. Note: In space one (1) and two (2) eight (8) ceiling tiles have water damage. The seal on the column in space two (2) at the back of the room is not sealed off so cold air is flowing through. The back door space in the same area is covered in tape and the seal is in poor repair. According to 15A NCAC 18A .2825 WALLS AND CEILINGS (a) In childcare centers, the walls, and ceilings, including doors and windows, of all rooms and areas shall be kept clean, free of visible fungal growth, and in good repair. All walls and ceilings shall be easily cleanable and free of peeling, flaking, chalking, or otherwise deteriorating paint. Item 721 all chairs used by the children shall and free of chipping paint and rust. Shelves shall be sturdy and free of hazards. Note: Chairs in space three (3) and one (1) were in pour repair and were unclean with chipping paint. According to SAFETY REQUIREMENTS FOR CHILD CARE CENTERS 10A NCAC 09 .0601 SAFE ENVIRONMENT (b) All equipment and furnishings shall be in good repair. All commercially manufactured equipment and furnishings shall be assembled and installed according to procedures specified by the manufacturer. For equipment and furnishings purchased after September 1, 2017, the manufacturer's instructions shall be kept on file or electronically accessible, if available. (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. Item 840 items such as batteries that are considered an corrosive agent must be stored in locked storage. Notes. Five (5) batteries were found in unlocked space in classroom number one (1). According to 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. 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 12/28/23. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: Sidney.Mccrory or you can mail to: Department of Health and Human Services Division of Child Development and Early Education (DCDEE) Attn: Sidney McCrory 172 Streamwood Circle Please call me at 828-550-7655, or email Sidney.Mccrory@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. 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. 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. Child Care Resource and Referral (CCR&R) Agency – Southwestern Child Development Commission, Inc. - Gail Mattingly, 828-354-0361, Mattingly.Gail@swcdcinc.org Consultation: The rated license dated 8/1/18, from the previous ownership was collected today and will be returned to DCDEE in Raleigh. Continue to keep the staff and training worksheet updated as changes occur. Anytime staff changes occur, plan to update the Emergency Medical Care (EMC) plan to reflect the changes. We discussed the EMC plan needs to be updated. The EMC plan must be updated at least annually if no changes during the year and posted to be easily viewed. Reminder that immunization and children’s medical reports are due within 30 days of enrollment. 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. Compliance History Score Any observed violations cited during visits will negatively affect the center's Compliance History Score. Your program must maintain a compliance score of at least 75% as required by G.S. 110-90 (4)(c). 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. The North Carolina Early Childhood Equivalency Exam is now available on DCDEE Moodle. Visit the Division’s website to find out more information. 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 Sidney.McCrory@dhhs.nc.gov or 828.550.7655, 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 .0601 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: SIDNEY MCCRORY Operation Type: Center Case Number: Visit Date: 12/14/2023 Number Present: 32 Completed Date: 12/14/2023 Age: From 0 To 5 Total Minutes: 340 Time In: 11:05 AM Time Out: 04:45 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 all applicable child care requirements during the first temporary time period visit. This facility is on a temporary license due to a change of ownership. Missy Payne, Interim Administrator, was on-site and available to answer and ask questions. Sarah Upton, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Sidney McCrory, Child Care Consultant, Sarah Upton, Child Care Consultant and signed by Missy Payne, Interim Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to Nicole Smith, Legal Operator. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed 12/14/23, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as active-current. If any changes to the organization need to be made or you decide to sell your 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 11/17/23. The last shelter-in-place drill or lockdown drill was practiced 11/17/23. The last monthly playground inspection was documented on 11/28/23. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior rating. An approved fire inspection must completed during the temporary time period. An approved building inspection must be completed during the temporary time period. A zoning letter for the facility must be provided during the temporary time period. Administrative, operational, and personnel policies must meet all required topics. Operational and personnel policies have been submitted and reviewed. Clarifications or revisions are needed. The administrative policies must be submitted for review. The administrative, operational, and administrative policies must meet all required topics prior to the expiration of the temporary license. The Emergency Preparedness Response (EPR) plan must be completed on or before 3/1/24. Nicole Smith, Legal Operator, completed EPR training on 3/8/18 and Missy Payne, Interim Administrator, completed EPR training on 7/14/16. The emergency medical care (EMC) plan was posted as of 11/6/23. The incident log was in use. The children were observed in space four (4) engaged with teachers on the floor playing with each other. In space two (2) children were observed washing hands and sitting at the table for lunch. While waiting for lunch the teacher showed pictures of other children performing motions. The class of two-year-olds children would then replicate the motions with their teachers. Three (3) children files were monitored. There are seventeen (17) staff. Seventeen (17) staff files were monitored. 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 five-star rating and be included in the rated license cycle for the previous facility, Cohort 1. It is recommended to request a prep year assessment for the facility while on a temporary license. 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. You may also request an Outreach Assessment through the North Carolina Rated License Assessment Project (NCRLAP). 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 603 All floors and floor coverings were not constructed of nonabsorbant, easily cleanable material.Both bathrooms in space two (2) have tile around the toilets in poor repair. there is stain and chipping of the tiles. 15A NCAC 18A .2824(a)&(b) 620 All walls and ceilings including doors and windows were not kept clean and in good repair. In space one (1) and two (2) eight (8) ceiling tiles have water damage. The seal on the column in space two (2) at the back of the room is not sealed off so cold air is flowing through. The back door space in the same area is covered in tape and the seal is in poor repair. 15A NCAC 18A .2825(a) 721 All equipment and furnishings were not in good repair. Chairs in space three (3) and one (1) were in poor repair and were unclean with chipping pain G.S. 110-91(6); .0601(b) 807 A safe indoor and outdoor environment was not provided for the children. Two (2) toys were in poor repair on the playground and wet towels were laying on the ground. 10A NCAC 09 .0601(a) 808 The outdoor premises were not clean, drained and free of litter and hazardous materials grass and other vegetation in a manner which does not encourage vermin. Mole tracks were so abundant on the playground that children’s feet can sink through tracks and cause tripping. Black mats are stacked in the back corner of playground two (2) which can encourage the harborage of vermin. Equipment trike and broken wheels not in good repair were on the playground. The Play structure that has recently been painted on Playground one (1) has chipping paint in the newly painted areas. The two gates on Playground two (2) have rusted and needs to be repaired. 15A NCAC 18A .2832(a) 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. Five (5) batteries were found in unlocked space in classroom number one (1). .2820(b) Technical assistance for correction plan: Safe Indoor/Outdoor Environment Item 807-A safe indoor and outdoor environment was not provided for the children. Note: Two (2) toys were in poor repair on the playground and wet towels were laying on the ground. The large structure on playground one (1) had chipping paint where it had previously been corrected. The paint did not adhere to the metal. According to 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. (b) All equipment and furnishings shall be in good repair. All commercially manufactured equipment and furnishings shall be assembled and installed according to procedures specified by the manufacturer. For equipment and furnishings purchased after September 1, 2017, the manufacturer’s instructions shall be kept on file or electronically accessible, if available. (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. (d) All broken equipment or furnishings referenced in Paragraph (c) of this Rule shall be removed from the premises immediately or made inaccessible to the children. (e) Each child care center shall provide equipment and furnishings that are child-size or that can be adapted use by children. Chairs and tables shall be of appropriate height for the children who will be using them. Item 0808- The outdoor premises were not clean, drained and free of litter and hazardous materials, grass and other vegetation in a manner which does not encourage vermin. Note: Mole tracks were so abundant on the playground that children’s feet can sink through tracks and cause tripping. Black mats are stacked in the back corner of playground two (2) which can encourage the harborage of vermin. Equipment trike and broken wheels not in good repair were on the playground. The Play structure that has recently been painted on Playground one (1) has chipping paint in the newly painted areas. The two gates on Playground two (2) have rusted and needs to be repaired. According to 15A NCAC 18A .2832 OUTDOOR LEARNING ENVIRONMENT AND PREMISES (a) At child care centers, the premises, including the outdoor learning environment, shall be kept clean, drained to minimize standing water, free of litter and hazardous materials, and maintained in a manner which does not encourage the harborage of vermin. All debris, glass, dilapidated structures and broken play equipment shall be removed. Wells, grease traps, cisterns and utility equipment shall be made inaccessible to children. (b) Sand toys, water tables and other items that can collect standing water in the outdoor learning environment shall be emptied and stored to prevent standing water. (c) For outdoor play equipment, including all structures accessible to children, the following shall apply: (1) Equipment shall be kept in good repair, free of peeling, flaking, or chalking paint and free of rust and corrosion; (2) The sandbox used in outdoor play shall be constructed to allow for drainage and shall be covered when not in use and kept clean. (d) If a daily air quality forecast is made by the Division of Air Quality or the regional air quality agency for the county where a center is located, outdoor activity for children shall be restricted as follows. On days with a code orange (unhealthy for sensitive groups) forecast, children shall not be outside participating in physical activity between noon and 8:00 p.m. for more than one hour. On days with a code red (unhealthy) forecast, children shall not be outside participating in physical activity between noon and 8:00 p.m. for more than 15 minutes. On days with a code purple (very unhealthy) forecast, children shall not be outside participating in physical activity between noon and 8:00 p.m. Provisions shall be made to allow children with diagnosed asthma or with coughing or wheezing symptoms to participate in physical activity indoors on days with a code orange, red or purple air quality forecast. (e) When food service is provided in the outdoor learning environment, food shall be protected, stored, prepared and served in accordance with 15A NCAC 18A .2806, .2807 and .2808. Employees and children shall wash hands in accordance with 15A NCAC 18A .2803 and food service tables shall be cleaned or covered prior to use. (f) When diapering and toileting facilities are provided in the outdoor learning environment, they shall be maintained in accordance with 15A NCAC 18A .2817 and .2819 and employees and children shall wash hands in accordance with 15A NCAC 18A .2803. (g) Storage provided outdoors for children's toys shall be kept clean. Storage areas that are accessible to children shall be kept free of hazardous equipment and substances in accordance with 15A NCAC 18A .2820. Storage areas shall meet requirements for lighting in accordance with 15A NCAC 18A .2826 by means of opening doors, windows, sky lights, battery operated light, flashlight or electric lighting. Spare batteries shall be available for battery operated light fixtures and flashlights. (h) Outdoor water activity centers shall be maintained in accordance with 15A NCAC 18A .2822. Flow through water play systems shall be designed to minimize standing water. Employees and children shall wash hands in accordance with 15A NCAC 18A .2803 before and after water play. (i) Central vacuums that exhaust to the outdoors away from children may be used in lieu of HEPA vacuum cleaners to meet the daily vacuuming requirements in Rule .2824(c). Item 603 all floors and floor coverings shall be kept clean, free of stains and free of chipping and missing pieces. Note: Both bathrooms in space two (2) have tile around the toilets in poor repair. there is stain and chipping of the tiles. According to 15A NCAC 18A .2824 FLOORS (a) In child care centers, floors and floor coverings in food preparation, food storage, utensil washing, toilet rooms, and laundry areas shall be constructed of nonabsorbent material and shall be kept clean and in good repair. Walls and ceilings not in good repair Item 620- All walls and ceilings, including doors and windows, were not kept clean and in good repair. Note: In space one (1) and two (2) eight (8) ceiling tiles have water damage. The seal on the column in space two (2) at the back of the room is not sealed off so cold air is flowing through. The back door space in the same area is covered in tape and the seal is in poor repair. According to 15A NCAC 18A .2825 WALLS AND CEILINGS (a) In childcare centers, the walls, and ceilings, including doors and windows, of all rooms and areas shall be kept clean, free of visible fungal growth, and in good repair. All walls and ceilings shall be easily cleanable and free of peeling, flaking, chalking, or otherwise deteriorating paint. Item 721 all chairs used by the children shall and free of chipping paint and rust. Shelves shall be sturdy and free of hazards. Note: Chairs in space three (3) and one (1) were in pour repair and were unclean with chipping paint. According to SAFETY REQUIREMENTS FOR CHILD CARE CENTERS 10A NCAC 09 .0601 SAFE ENVIRONMENT (b) All equipment and furnishings shall be in good repair. All commercially manufactured equipment and furnishings shall be assembled and installed according to procedures specified by the manufacturer. For equipment and furnishings purchased after September 1, 2017, the manufacturer's instructions shall be kept on file or electronically accessible, if available. (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. Item 840 items such as batteries that are considered an corrosive agent must be stored in locked storage. Notes. Five (5) batteries were found in unlocked space in classroom number one (1). According to 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. 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 12/28/23. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: Sidney.Mccrory or you can mail to: Department of Health and Human Services Division of Child Development and Early Education (DCDEE) Attn: Sidney McCrory 172 Streamwood Circle Please call me at 828-550-7655, or email Sidney.Mccrory@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. 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. 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. Child Care Resource and Referral (CCR&R) Agency – Southwestern Child Development Commission, Inc. - Gail Mattingly, 828-354-0361, Mattingly.Gail@swcdcinc.org Consultation: The rated license dated 8/1/18, from the previous ownership was collected today and will be returned to DCDEE in Raleigh. Continue to keep the staff and training worksheet updated as changes occur. Anytime staff changes occur, plan to update the Emergency Medical Care (EMC) plan to reflect the changes. We discussed the EMC plan needs to be updated. The EMC plan must be updated at least annually if no changes during the year and posted to be easily viewed. Reminder that immunization and children’s medical reports are due within 30 days of enrollment. 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. Compliance History Score Any observed violations cited during visits will negatively affect the center's Compliance History Score. Your program must maintain a compliance score of at least 75% as required by G.S. 110-90 (4)(c). 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. The North Carolina Early Childhood Equivalency Exam is now available on DCDEE Moodle. Visit the Division’s website to find out more information. 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 Sidney.McCrory@dhhs.nc.gov or 828.550.7655, 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: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: SIDNEY MCCRORY Operation Type: Center Case Number: Visit Date: 12/14/2023 Number Present: 32 Completed Date: 12/14/2023 Age: From 0 To 5 Total Minutes: 340 Time In: 11:05 AM Time Out: 04:45 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 all applicable child care requirements during the first temporary time period visit. This facility is on a temporary license due to a change of ownership. Missy Payne, Interim Administrator, was on-site and available to answer and ask questions. Sarah Upton, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Sidney McCrory, Child Care Consultant, Sarah Upton, Child Care Consultant and signed by Missy Payne, Interim Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to Nicole Smith, Legal Operator. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed 12/14/23, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as active-current. If any changes to the organization need to be made or you decide to sell your 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 11/17/23. The last shelter-in-place drill or lockdown drill was practiced 11/17/23. The last monthly playground inspection was documented on 11/28/23. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior rating. An approved fire inspection must completed during the temporary time period. An approved building inspection must be completed during the temporary time period. A zoning letter for the facility must be provided during the temporary time period. Administrative, operational, and personnel policies must meet all required topics. Operational and personnel policies have been submitted and reviewed. Clarifications or revisions are needed. The administrative policies must be submitted for review. The administrative, operational, and administrative policies must meet all required topics prior to the expiration of the temporary license. The Emergency Preparedness Response (EPR) plan must be completed on or before 3/1/24. Nicole Smith, Legal Operator, completed EPR training on 3/8/18 and Missy Payne, Interim Administrator, completed EPR training on 7/14/16. The emergency medical care (EMC) plan was posted as of 11/6/23. The incident log was in use. The children were observed in space four (4) engaged with teachers on the floor playing with each other. In space two (2) children were observed washing hands and sitting at the table for lunch. While waiting for lunch the teacher showed pictures of other children performing motions. The class of two-year-olds children would then replicate the motions with their teachers. Three (3) children files were monitored. There are seventeen (17) staff. Seventeen (17) staff files were monitored. 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 five-star rating and be included in the rated license cycle for the previous facility, Cohort 1. It is recommended to request a prep year assessment for the facility while on a temporary license. 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. You may also request an Outreach Assessment through the North Carolina Rated License Assessment Project (NCRLAP). 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 603 All floors and floor coverings were not constructed of nonabsorbant, easily cleanable material.Both bathrooms in space two (2) have tile around the toilets in poor repair. there is stain and chipping of the tiles. 15A NCAC 18A .2824(a)&(b) 620 All walls and ceilings including doors and windows were not kept clean and in good repair. In space one (1) and two (2) eight (8) ceiling tiles have water damage. The seal on the column in space two (2) at the back of the room is not sealed off so cold air is flowing through. The back door space in the same area is covered in tape and the seal is in poor repair. 15A NCAC 18A .2825(a) 721 All equipment and furnishings were not in good repair. Chairs in space three (3) and one (1) were in poor repair and were unclean with chipping pain G.S. 110-91(6); .0601(b) 807 A safe indoor and outdoor environment was not provided for the children. Two (2) toys were in poor repair on the playground and wet towels were laying on the ground. 10A NCAC 09 .0601(a) 808 The outdoor premises were not clean, drained and free of litter and hazardous materials grass and other vegetation in a manner which does not encourage vermin. Mole tracks were so abundant on the playground that children’s feet can sink through tracks and cause tripping. Black mats are stacked in the back corner of playground two (2) which can encourage the harborage of vermin. Equipment trike and broken wheels not in good repair were on the playground. The Play structure that has recently been painted on Playground one (1) has chipping paint in the newly painted areas. The two gates on Playground two (2) have rusted and needs to be repaired. 15A NCAC 18A .2832(a) 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. Five (5) batteries were found in unlocked space in classroom number one (1). .2820(b) Technical assistance for correction plan: Safe Indoor/Outdoor Environment Item 807-A safe indoor and outdoor environment was not provided for the children. Note: Two (2) toys were in poor repair on the playground and wet towels were laying on the ground. The large structure on playground one (1) had chipping paint where it had previously been corrected. The paint did not adhere to the metal. According to 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. (b) All equipment and furnishings shall be in good repair. All commercially manufactured equipment and furnishings shall be assembled and installed according to procedures specified by the manufacturer. For equipment and furnishings purchased after September 1, 2017, the manufacturer’s instructions shall be kept on file or electronically accessible, if available. (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. (d) All broken equipment or furnishings referenced in Paragraph (c) of this Rule shall be removed from the premises immediately or made inaccessible to the children. (e) Each child care center shall provide equipment and furnishings that are child-size or that can be adapted use by children. Chairs and tables shall be of appropriate height for the children who will be using them. Item 0808- The outdoor premises were not clean, drained and free of litter and hazardous materials, grass and other vegetation in a manner which does not encourage vermin. Note: Mole tracks were so abundant on the playground that children’s feet can sink through tracks and cause tripping. Black mats are stacked in the back corner of playground two (2) which can encourage the harborage of vermin. Equipment trike and broken wheels not in good repair were on the playground. The Play structure that has recently been painted on Playground one (1) has chipping paint in the newly painted areas. The two gates on Playground two (2) have rusted and needs to be repaired. According to 15A NCAC 18A .2832 OUTDOOR LEARNING ENVIRONMENT AND PREMISES (a) At child care centers, the premises, including the outdoor learning environment, shall be kept clean, drained to minimize standing water, free of litter and hazardous materials, and maintained in a manner which does not encourage the harborage of vermin. All debris, glass, dilapidated structures and broken play equipment shall be removed. Wells, grease traps, cisterns and utility equipment shall be made inaccessible to children. (b) Sand toys, water tables and other items that can collect standing water in the outdoor learning environment shall be emptied and stored to prevent standing water. (c) For outdoor play equipment, including all structures accessible to children, the following shall apply: (1) Equipment shall be kept in good repair, free of peeling, flaking, or chalking paint and free of rust and corrosion; (2) The sandbox used in outdoor play shall be constructed to allow for drainage and shall be covered when not in use and kept clean. (d) If a daily air quality forecast is made by the Division of Air Quality or the regional air quality agency for the county where a center is located, outdoor activity for children shall be restricted as follows. On days with a code orange (unhealthy for sensitive groups) forecast, children shall not be outside participating in physical activity between noon and 8:00 p.m. for more than one hour. On days with a code red (unhealthy) forecast, children shall not be outside participating in physical activity between noon and 8:00 p.m. for more than 15 minutes. On days with a code purple (very unhealthy) forecast, children shall not be outside participating in physical activity between noon and 8:00 p.m. Provisions shall be made to allow children with diagnosed asthma or with coughing or wheezing symptoms to participate in physical activity indoors on days with a code orange, red or purple air quality forecast. (e) When food service is provided in the outdoor learning environment, food shall be protected, stored, prepared and served in accordance with 15A NCAC 18A .2806, .2807 and .2808. Employees and children shall wash hands in accordance with 15A NCAC 18A .2803 and food service tables shall be cleaned or covered prior to use. (f) When diapering and toileting facilities are provided in the outdoor learning environment, they shall be maintained in accordance with 15A NCAC 18A .2817 and .2819 and employees and children shall wash hands in accordance with 15A NCAC 18A .2803. (g) Storage provided outdoors for children's toys shall be kept clean. Storage areas that are accessible to children shall be kept free of hazardous equipment and substances in accordance with 15A NCAC 18A .2820. Storage areas shall meet requirements for lighting in accordance with 15A NCAC 18A .2826 by means of opening doors, windows, sky lights, battery operated light, flashlight or electric lighting. Spare batteries shall be available for battery operated light fixtures and flashlights. (h) Outdoor water activity centers shall be maintained in accordance with 15A NCAC 18A .2822. Flow through water play systems shall be designed to minimize standing water. Employees and children shall wash hands in accordance with 15A NCAC 18A .2803 before and after water play. (i) Central vacuums that exhaust to the outdoors away from children may be used in lieu of HEPA vacuum cleaners to meet the daily vacuuming requirements in Rule .2824(c). Item 603 all floors and floor coverings shall be kept clean, free of stains and free of chipping and missing pieces. Note: Both bathrooms in space two (2) have tile around the toilets in poor repair. there is stain and chipping of the tiles. According to 15A NCAC 18A .2824 FLOORS (a) In child care centers, floors and floor coverings in food preparation, food storage, utensil washing, toilet rooms, and laundry areas shall be constructed of nonabsorbent material and shall be kept clean and in good repair. Walls and ceilings not in good repair Item 620- All walls and ceilings, including doors and windows, were not kept clean and in good repair. Note: In space one (1) and two (2) eight (8) ceiling tiles have water damage. The seal on the column in space two (2) at the back of the room is not sealed off so cold air is flowing through. The back door space in the same area is covered in tape and the seal is in poor repair. According to 15A NCAC 18A .2825 WALLS AND CEILINGS (a) In childcare centers, the walls, and ceilings, including doors and windows, of all rooms and areas shall be kept clean, free of visible fungal growth, and in good repair. All walls and ceilings shall be easily cleanable and free of peeling, flaking, chalking, or otherwise deteriorating paint. Item 721 all chairs used by the children shall and free of chipping paint and rust. Shelves shall be sturdy and free of hazards. Note: Chairs in space three (3) and one (1) were in pour repair and were unclean with chipping paint. According to SAFETY REQUIREMENTS FOR CHILD CARE CENTERS 10A NCAC 09 .0601 SAFE ENVIRONMENT (b) All equipment and furnishings shall be in good repair. All commercially manufactured equipment and furnishings shall be assembled and installed according to procedures specified by the manufacturer. For equipment and furnishings purchased after September 1, 2017, the manufacturer's instructions shall be kept on file or electronically accessible, if available. (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. Item 840 items such as batteries that are considered an corrosive agent must be stored in locked storage. Notes. Five (5) batteries were found in unlocked space in classroom number one (1). According to 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. 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 12/28/23. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: Sidney.Mccrory or you can mail to: Department of Health and Human Services Division of Child Development and Early Education (DCDEE) Attn: Sidney McCrory 172 Streamwood Circle Please call me at 828-550-7655, or email Sidney.Mccrory@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. 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. 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. Child Care Resource and Referral (CCR&R) Agency – Southwestern Child Development Commission, Inc. - Gail Mattingly, 828-354-0361, Mattingly.Gail@swcdcinc.org Consultation: The rated license dated 8/1/18, from the previous ownership was collected today and will be returned to DCDEE in Raleigh. Continue to keep the staff and training worksheet updated as changes occur. Anytime staff changes occur, plan to update the Emergency Medical Care (EMC) plan to reflect the changes. We discussed the EMC plan needs to be updated. The EMC plan must be updated at least annually if no changes during the year and posted to be easily viewed. Reminder that immunization and children’s medical reports are due within 30 days of enrollment. 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. Compliance History Score Any observed violations cited during visits will negatively affect the center's Compliance History Score. Your program must maintain a compliance score of at least 75% as required by G.S. 110-90 (4)(c). 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. The North Carolina Early Childhood Equivalency Exam is now available on DCDEE Moodle. Visit the Division’s website to find out more information. 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 Sidney.McCrory@dhhs.nc.gov or 828.550.7655, 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. 110-91 · Violation

Name of Operation: EAGLE'S NEST ELC & PRESCHOOL MURPHY Facility ID: 20000108 Consultant: SIDNEY MCCRORY Operation Type: Center Case Number: Visit Date: 12/14/2023 Number Present: 32 Completed Date: 12/14/2023 Age: From 0 To 5 Total Minutes: 340 Time In: 11:05 AM Time Out: 04:45 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 all applicable child care requirements during the first temporary time period visit. This facility is on a temporary license due to a change of ownership. Missy Payne, Interim Administrator, was on-site and available to answer and ask questions. Sarah Upton, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Sidney McCrory, Child Care Consultant, Sarah Upton, Child Care Consultant and signed by Missy Payne, Interim Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to Nicole Smith, Legal Operator. Currently this center operates with a Temporary License, issued 11/1/23 and is effective through 5/1/24. The restrictions include daytime care only; meets enhanced space; meet reduced ratios; maximum capacity sixty-five (65) children; and age range; 0-12 years. The Secretary of State website was reviewed 12/14/23, and the company, Eagle’s Nest Early Learning Center and Preschool, Inc., is listed as active-current. If any changes to the organization need to be made or you decide to sell your 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 11/17/23. The last shelter-in-place drill or lockdown drill was practiced 11/17/23. The last monthly playground inspection was documented on 11/28/23. A sanitation inspection was conducted on 11/16/23 with four (4) demerits for a Superior rating. An approved fire inspection must completed during the temporary time period. An approved building inspection must be completed during the temporary time period. A zoning letter for the facility must be provided during the temporary time period. Administrative, operational, and personnel policies must meet all required topics. Operational and personnel policies have been submitted and reviewed. Clarifications or revisions are needed. The administrative policies must be submitted for review. The administrative, operational, and administrative policies must meet all required topics prior to the expiration of the temporary license. The Emergency Preparedness Response (EPR) plan must be completed on or before 3/1/24. Nicole Smith, Legal Operator, completed EPR training on 3/8/18 and Missy Payne, Interim Administrator, completed EPR training on 7/14/16. The emergency medical care (EMC) plan was posted as of 11/6/23. The incident log was in use. The children were observed in space four (4) engaged with teachers on the floor playing with each other. In space two (2) children were observed washing hands and sitting at the table for lunch. While waiting for lunch the teacher showed pictures of other children performing motions. The class of two-year-olds children would then replicate the motions with their teachers. Three (3) children files were monitored. There are seventeen (17) staff. Seventeen (17) staff files were monitored. 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 five-star rating and be included in the rated license cycle for the previous facility, Cohort 1. It is recommended to request a prep year assessment for the facility while on a temporary license. 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. You may also request an Outreach Assessment through the North Carolina Rated License Assessment Project (NCRLAP). 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 603 All floors and floor coverings were not constructed of nonabsorbant, easily cleanable material.Both bathrooms in space two (2) have tile around the toilets in poor repair. there is stain and chipping of the tiles. 15A NCAC 18A .2824(a)&(b) 620 All walls and ceilings including doors and windows were not kept clean and in good repair. In space one (1) and two (2) eight (8) ceiling tiles have water damage. The seal on the column in space two (2) at the back of the room is not sealed off so cold air is flowing through. The back door space in the same area is covered in tape and the seal is in poor repair. 15A NCAC 18A .2825(a) 721 All equipment and furnishings were not in good repair. Chairs in space three (3) and one (1) were in poor repair and were unclean with chipping pain G.S. 110-91(6); .0601(b) 807 A safe indoor and outdoor environment was not provided for the children. Two (2) toys were in poor repair on the playground and wet towels were laying on the ground. 10A NCAC 09 .0601(a) 808 The outdoor premises were not clean, drained and free of litter and hazardous materials grass and other vegetation in a manner which does not encourage vermin. Mole tracks were so abundant on the playground that children’s feet can sink through tracks and cause tripping. Black mats are stacked in the back corner of playground two (2) which can encourage the harborage of vermin. Equipment trike and broken wheels not in good repair were on the playground. The Play structure that has recently been painted on Playground one (1) has chipping paint in the newly painted areas. The two gates on Playground two (2) have rusted and needs to be repaired. 15A NCAC 18A .2832(a) 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. Five (5) batteries were found in unlocked space in classroom number one (1). .2820(b) Technical assistance for correction plan: Safe Indoor/Outdoor Environment Item 807-A safe indoor and outdoor environment was not provided for the children. Note: Two (2) toys were in poor repair on the playground and wet towels were laying on the ground. The large structure on playground one (1) had chipping paint where it had previously been corrected. The paint did not adhere to the metal. According to 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. (b) All equipment and furnishings shall be in good repair. All commercially manufactured equipment and furnishings shall be assembled and installed according to procedures specified by the manufacturer. For equipment and furnishings purchased after September 1, 2017, the manufacturer’s instructions shall be kept on file or electronically accessible, if available. (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. (d) All broken equipment or furnishings referenced in Paragraph (c) of this Rule shall be removed from the premises immediately or made inaccessible to the children. (e) Each child care center shall provide equipment and furnishings that are child-size or that can be adapted use by children. Chairs and tables shall be of appropriate height for the children who will be using them. Item 0808- The outdoor premises were not clean, drained and free of litter and hazardous materials, grass and other vegetation in a manner which does not encourage vermin. Note: Mole tracks were so abundant on the playground that children’s feet can sink through tracks and cause tripping. Black mats are stacked in the back corner of playground two (2) which can encourage the harborage of vermin. Equipment trike and broken wheels not in good repair were on the playground. The Play structure that has recently been painted on Playground one (1) has chipping paint in the newly painted areas. The two gates on Playground two (2) have rusted and needs to be repaired. According to 15A NCAC 18A .2832 OUTDOOR LEARNING ENVIRONMENT AND PREMISES (a) At child care centers, the premises, including the outdoor learning environment, shall be kept clean, drained to minimize standing water, free of litter and hazardous materials, and maintained in a manner which does not encourage the harborage of vermin. All debris, glass, dilapidated structures and broken play equipment shall be removed. Wells, grease traps, cisterns and utility equipment shall be made inaccessible to children. (b) Sand toys, water tables and other items that can collect standing water in the outdoor learning environment shall be emptied and stored to prevent standing water. (c) For outdoor play equipment, including all structures accessible to children, the following shall apply: (1) Equipment shall be kept in good repair, free of peeling, flaking, or chalking paint and free of rust and corrosion; (2) The sandbox used in outdoor play shall be constructed to allow for drainage and shall be covered when not in use and kept clean. (d) If a daily air quality forecast is made by the Division of Air Quality or the regional air quality agency for the county where a center is located, outdoor activity for children shall be restricted as follows. On days with a code orange (unhealthy for sensitive groups) forecast, children shall not be outside participating in physical activity between noon and 8:00 p.m. for more than one hour. On days with a code red (unhealthy) forecast, children shall not be outside participating in physical activity between noon and 8:00 p.m. for more than 15 minutes. On days with a code purple (very unhealthy) forecast, children shall not be outside participating in physical activity between noon and 8:00 p.m. Provisions shall be made to allow children with diagnosed asthma or with coughing or wheezing symptoms to participate in physical activity indoors on days with a code orange, red or purple air quality forecast. (e) When food service is provided in the outdoor learning environment, food shall be protected, stored, prepared and served in accordance with 15A NCAC 18A .2806, .2807 and .2808. Employees and children shall wash hands in accordance with 15A NCAC 18A .2803 and food service tables shall be cleaned or covered prior to use. (f) When diapering and toileting facilities are provided in the outdoor learning environment, they shall be maintained in accordance with 15A NCAC 18A .2817 and .2819 and employees and children shall wash hands in accordance with 15A NCAC 18A .2803. (g) Storage provided outdoors for children's toys shall be kept clean. Storage areas that are accessible to children shall be kept free of hazardous equipment and substances in accordance with 15A NCAC 18A .2820. Storage areas shall meet requirements for lighting in accordance with 15A NCAC 18A .2826 by means of opening doors, windows, sky lights, battery operated light, flashlight or electric lighting. Spare batteries shall be available for battery operated light fixtures and flashlights. (h) Outdoor water activity centers shall be maintained in accordance with 15A NCAC 18A .2822. Flow through water play systems shall be designed to minimize standing water. Employees and children shall wash hands in accordance with 15A NCAC 18A .2803 before and after water play. (i) Central vacuums that exhaust to the outdoors away from children may be used in lieu of HEPA vacuum cleaners to meet the daily vacuuming requirements in Rule .2824(c). Item 603 all floors and floor coverings shall be kept clean, free of stains and free of chipping and missing pieces. Note: Both bathrooms in space two (2) have tile around the toilets in poor repair. there is stain and chipping of the tiles. According to 15A NCAC 18A .2824 FLOORS (a) In child care centers, floors and floor coverings in food preparation, food storage, utensil washing, toilet rooms, and laundry areas shall be constructed of nonabsorbent material and shall be kept clean and in good repair. Walls and ceilings not in good repair Item 620- All walls and ceilings, including doors and windows, were not kept clean and in good repair. Note: In space one (1) and two (2) eight (8) ceiling tiles have water damage. The seal on the column in space two (2) at the back of the room is not sealed off so cold air is flowing through. The back door space in the same area is covered in tape and the seal is in poor repair. According to 15A NCAC 18A .2825 WALLS AND CEILINGS (a) In childcare centers, the walls, and ceilings, including doors and windows, of all rooms and areas shall be kept clean, free of visible fungal growth, and in good repair. All walls and ceilings shall be easily cleanable and free of peeling, flaking, chalking, or otherwise deteriorating paint. Item 721 all chairs used by the children shall and free of chipping paint and rust. Shelves shall be sturdy and free of hazards. Note: Chairs in space three (3) and one (1) were in pour repair and were unclean with chipping paint. According to SAFETY REQUIREMENTS FOR CHILD CARE CENTERS 10A NCAC 09 .0601 SAFE ENVIRONMENT (b) All equipment and furnishings shall be in good repair. All commercially manufactured equipment and furnishings shall be assembled and installed according to procedures specified by the manufacturer. For equipment and furnishings purchased after September 1, 2017, the manufacturer's instructions shall be kept on file or electronically accessible, if available. (c) Equipment and furnishings shall be sturdy, stable, and free of hazards that may injure children including sharp edges, lead based or peeling paint, rust, loose nails, splinters, protrusions (excluding nuts and bolts on sides of fences), and pinch and crush points. Item 840 items such as batteries that are considered an corrosive agent must be stored in locked storage. Notes. Five (5) batteries were found in unlocked space in classroom number one (1). According to 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. 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 12/28/23. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: Sidney.Mccrory or you can mail to: Department of Health and Human Services Division of Child Development and Early Education (DCDEE) Attn: Sidney McCrory 172 Streamwood Circle Please call me at 828-550-7655, or email Sidney.Mccrory@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. 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. 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. Child Care Resource and Referral (CCR&R) Agency – Southwestern Child Development Commission, Inc. - Gail Mattingly, 828-354-0361, Mattingly.Gail@swcdcinc.org Consultation: The rated license dated 8/1/18, from the previous ownership was collected today and will be returned to DCDEE in Raleigh. Continue to keep the staff and training worksheet updated as changes occur. Anytime staff changes occur, plan to update the Emergency Medical Care (EMC) plan to reflect the changes. We discussed the EMC plan needs to be updated. The EMC plan must be updated at least annually if no changes during the year and posted to be easily viewed. Reminder that immunization and children’s medical reports are due within 30 days of enrollment. 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. Compliance History Score Any observed violations cited during visits will negatively affect the center's Compliance History Score. Your program must maintain a compliance score of at least 75% as required by G.S. 110-90 (4)(c). 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. The North Carolina Early Childhood Equivalency Exam is now available on DCDEE Moodle. Visit the Division’s website to find out more information. 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 Sidney.McCrory@dhhs.nc.gov or 828.550.7655, 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